PAUL N. WYATT, Dana Point
In early 2022, the City of Dana Point STR Subcommittee submitted a Draft Short-Term Rental (STR) Ordinance to the California Coastal Commission for comment.
In a letter dated April 1, 2022 the Coastal Commission sent its comments and suggestions, including the following:
“First, a component of obtaining a STR permit as identified in the Draft STR Program is that the owner shall provide proof that the STRs are not prohibited by its Home Owners Association (HOA) Conditions, Covenants, and Restrictions (CC&R’s) or any other community standards/guidelines applicable to the proposed STR.
“The City has previously decided to remain impartial and avoid acting as arbitrator in disputes between the individual homeowners and their HOAs, and the City has stated that they cannot issue STR permits and cannot intervene if an HOA prohibits use of STRs in their CC&R’s, as it involves private property rights and not zoning.
“However, the most recent 2020 STR Survey has shown that approximately (42%) of participants are residents of HOAs. While this does not correlate to an exact figure, it appears that an outsized portion of the City’s population may be excluded from participating in the STR Program.
“This means that large portions of Dana Point’s Coastal Zone may not be eligible for the provision of STRs. which may (obstruct) public access. Commission staff are aware of this issue, and it has been discussed at length in the staff report for LCP Amendment No. 1-14; however. Commission staff urge the City to find ways to mitigate for this inherent obstacle to providing equitable public access and recreational opportunities along the coast.”
Every HOA whose CC&Rs restricts STRs should be aware that the Coastal Commission views these as obstacles to coastal access and is urging the City to find ways to mitigate these obstacles. Every HOA resident should pay close attention to the content and progress of this ordinance.
Complete details can be found at this link: danapoint.org/home/showpublisheddocument/34156/637848611968670000.
Editor’s Note: In the CCC’s April 1 letter, a word was missing in the sentence regarding Dana Point’s Coastal Zone not being eligible for provisions of STRs. It was the author’s choice to include the word “obstruct” as a parenthetical to fill in that portion of the sentence.
