ENCINITAS —— The city is asking that the state Coastal Commission postpone its decision Wednesday on whether to authorize Encinitas' ordinance banning short-term rentals.
In a staff report, officials from the state agency have recommended that the commission reject the ordinance approved by the City Council in June.
The report states that banning vacation rentals of 30 days or less deprives visitors access to the city's beaches. It also faults the city for providing inadequate zoning west of Highway 101 to allow for visitor-serving lodgings.
The city enacted its short-term rental ban in response to complaints that late-night partying and excessive noise, trash and parked cars at rental homes had become a nuisance.
Some property owners opposing the ban said they were conscientious landlords, and that the city could solve the problem by simply by enforcing existing laws.
The Coastal Commission's offices were closed Monday in observance of Columbus Day.
Encinitas officials last week mailed a request to the commission's San Diego office asking that the panel table its short-term rental debate, city planning director Patrick Murphy said Monday.
"We wanted an opportunity to meet with (the commission's) staff and clarify issues and discuss options," Murphy said.
Created by voters in 1972, the 12-member commission regulates development and protects public access along the state's 1,100-mile coastline.
Some visitors may lose access to the city's beaches if vacation rentals of 30 days or less are prohibited in residential neighborhoods, Coastal Commission staffers Gary Cannon, Sherilyn Sarb and Deborah Lee state in their report.
"The availability of short-term rentals adjacent to the shoreline serves as an important asset in terms of lodging opportunities," the report says. "If anything, the city has demonstrated that the demand for short-term vacation rentals is high and the supply of visitor serving accommodations may need to increase to meet demand."
The Coastal Commission must authorize the city's ordinance because it calls for revisions to Encinitas' state-approved Local Coastal Program.
The commission's report cites a city survey and other records to outline concerns over coastal access for visitors:
- Nearly 2.5 million people visit Encinitas beaches annually. Among them, 68 percent reported that they came from outside the city; 19 percent reported they were staying overnight in Encinitas.
- A city staff report states at least 112 short-term rentals operate in the city, and many of them exist in response to demand.
- Rental rates from $750 to $6,000 per week are cited, and the cheaper ones "offer a more affordable and desirable accommodation for many parties, especially families."
- In the 19.4-square-mile city, only 41 acres are zoned exclusively for visitor-serving facilities.
- Among the 14.5 acres of visitor-serving property west of Highway 101, none contains hotels or motels. The report notes that a 130-room hotel is planned on the bluffs in Leucadia.
- Most hotels and motels in the city are not in visitor-serving zones, where lodging facilities are a top priority.
The short-term rental ban "restricts lodging opportunities for coastal visitors and raises serious questions with (planning) requirements for promoting access to the city's beaches," the report states.
Encinitas officials need more time to review the concerns of the Coastal Commission's staff and to prepare a reply, said Murphy, the city's planning director.
He said Coastal Commission staffers have supported postponing the hearing, but the agenda has been published, so the panel itself must authorize tabling the item.
According to Murphy, hotel rooms often provide a better value than short-term vacation rentals, which "really aren't affordable," he said.
During the summer months, Murphy said, hotel rooms in Encinitas have a 30 percent vacancy rate, which jumps to 50 percent during the winter.
"The vacancy rate is fairly high," he said, "and that supports the issue that we're not denying coastal access."
The Coastal Commission holds its monthly meetings at locations up and down the state. Murphy said he hopes Encinitas' short-term rental item will appear on a January agenda at a Southern California location to be determined.
Wednesday's hearing begins at 9 a.m. at the Marriott San Diego Hotel and Marina, 333 W. Harbor Drive, San Diego.
Contact staff writer Adam Kaye at (760) 943-2312 or akaye@nctimes.com.




