San Diego County STR zoning code questions- ADU and JADU

[Isaiah Ortiz-Hoyle]

Hey everyone!

How are Short Term Rental hosts (AirBNB, VRBO, etc.) with multiple dwellings on a lot able to rent out their properties for less than 30 days?

I may be reading this incorrectly (highly likely), but according to a 2018 zoning code cleanup linked below, it reads "the update will also add provisions that require owner occupancy of one of the dwelling, and prohibit renting of ADU for less than 30 days".

Does this mean investors in unincorporated areas are only renting rooms and entire homes? Would it be possible to rent the JADU or the SFD as long as the owner occupies the ADU?

Thanks for taking the time to read this and, hopefully, leaving a helpful response!

https://www.sandiegocounty.gov...

[Doug H.]

@Isaiah Ortiz-Hoyle

That’s essentially it, yes. If CCC doesn’t veto it, then the City would come up with process for the permits, etc.

If they learn from Santa Monica and similar situations, they will hire 4 researchers and 2 dedicated code compliance officers. Enforcement would become, at least, self-funding, if not profitable.

I’m the past, San Diego has employed extra code compliance to pro-actively seek out opportunities to fine owners, so it’s not outside of precedent.

There is also likely to be a lot of neighbor / NIMBY reporting.

When CCC killed it in the past, their reasoning was along the lines of “STRs are essential for lower and moderate income Californians to be able to utilize the beaches held in the public trust for their use in this area.” There are very few coastal hotels in SD.

The worry is that the past bill was a total outlaw, but on the face of it, this new legislation seems less drastic. Estimates are that some 2000 existing STRs would not receive permits. Airbnb / VRBO and CCC may think “ok, 5000 STRs stay and 2000 go… that seems reasonable.”

Also, note VRBO is now part of a holding group which is much more aligned with the hotel industry’s interests….

Anyway, where this new legislation is brutal, is for investors at scale. The thirty five I have in San Diego would have to be reduced to one, if I am lucky enough to get a permit in the lottery.

Again, the city of San Diego will probably be smart enough to follow the other cities which have figured it out. On the permit app, I'll have to declare ‘everyone with a financial interest' in the LLCs, and once a permit is issued, all those people will no longer be eligible. So, there won't be an LLC dodge.