SIGN THE REFERENDUM
STOP THE SHORT TERM RENTAL ORDINANCE
LET THE PEOPLE VOTE
DEADLINE OCTOBER 6
Stop outside special interests from exploiting our City
Stop loss of local control to the California
LOCATIONS FOR SIGNING:
|33791 Collegio, Dana Point, 92629||5:30 to 7:30 Mon-Fri|
|35161 Camino Capistrano, Capistrano Beach, 92624||6:00 to 8:00 PM Daily|
Due to harassment by opponents of the Referendum, it is impossible to list times to sign at local grocery stores. The opponents do not want people to be able to vote on this issue.
SOLUTIONS FOR THE FUTURE:
- Passage of the Referendum will require a VOTE OF THE PEOPLE before this Ordinance can become law
- Balance the interests of property owners who want to rent their property short term as well as those who bought their homes to be in family oriented neighborhoods
- Protect renters from being evicted to convert apartments to short term rentals
- Consider the effect if the home next door has new strangers every 2 days – parking, noise, security for your children
- Protect the City’s right to make needed and timely changes
- Assure reliable enforcement of the rules by the City
- Allow the option of adopting a comprehensive ordinance that controls all businesses in residential neighborhoods
Dana Point Voters
A group of concerned citizens has launched a referendum effort to overturn Dana Point’s Short-term Vacation Rental Ordinance, which permits unlimited numbers of 2 day short-term rentals in all Dana Point neighborhoods, and the amendment that requires any changes effecting the ordinance to be approved by the California Coastal Commission.
Please sign the Referendum being circulated to voters in Dana Point and Capistrano Beach.
This is one of the most important issues ever to be addressed because it will affect forever the character of our City. We understand that this is a very contentious issue in Capistrano Beach and Dana Point, particularly with respect to protecting and preserving residential neighborhoods. We appreciate and commend our residents who own well run short-term vacation rentals and are on site to monitor any potential nuisances.
We understand the desire, and sometimes the financial necessity, of some to earn extra income via short-term vacation rentals, but also sympathize with families who are worried about commercialization of residential neighborhoods and the presence of non-resident, investor-owned STRs and constantly revolving strangers rather than long-term neighbors. It’s a tough issue with great points on all sides, but it’s very concerning that Dana Point is the only California city that has given all of the power to regulate short-term rentals to the Coastal Commission. We recognize that we are a diverse city, with citizens holding many different opinions. It is our fervent belief that full, fair and open public discourse on this issue will result in a revised ordinance that protects all constituencies.
Here are the facts on the referendum as we understand them:
- There are two petitions to be signed because both the Zone Test Amendment and the Dana Point Specific Plan amendment must be repealed.
- Petitions must be submitted to the city clerk no later than FRIDAY, OCTOBER 7th, and it must contain at least 2,100 verified signatures of registered voters of Dana Point (10%).
- Within 30 days, the Elections Official will verify signatures and if they are sufficient, the results will be certified to City Council.
- In the event of a successful referendum, the Council shall either submit the ordinance to a full vote by all Dana Point registered voters, or repeal the ordinance and start a new process to address the issues.
In our opinion, it would be fair to all constituencies to reconsider this issue with an open and transparent public discussion based on current conditions. This ordinance was adopted without a written study on the impact of short-term rentals in Dana Point neighborhoods. There are many unanswered questions such as:
- Does the CCC have jurisdiction over the entire city on this matter since the ordinance affects all of Dana Point and not just the coastal zone? (This was a matter of contention at the September 6th Council meeting, and even the City Attorney seemed unclear)
- Why are there no caps on numbers of STRs on a given street, or buffers between homes?
- How can long-term renters be protected from potential loss of rental house inventory?
- With most of our neighboring cities disallowing or restricting STRs, will Dana Point attract more outside investors seeking to cash in on this growing phenomenon?
- Why can illegal STRs still operate in areas with prohibitive CC&Rs?
- Why are there vastly different reports on numbers of nuisance incidents from residents and Code Enforcement?
- What is the data on police activity at STR addresses?
- Why are there no procedures to audit or otherwise ensure compliance with TOT (transient occupancy tax) provisions?
- Why is it fair to burden some neighborhoods with unrestricted STRs and not others?
- What is the economic impact of short-term rentals on city services vs. revenue generated?
- Is it possible to create an enforcement mechanism that protects the neighborhoods while permitting short-term rentals
As you can see, there are lots of issues and unanswered questions. Please sign the referendum, and let’s address the issue of short-term rentals in organized, thoughtful and respectful discussions to arrive at the best decision possible based on all of the facts.
Those who wish to sign the referendum may do so when they meet signature gatherers who are going door-to-door or are stationed at local grocery stores (You can email DPRRD@cox.net or go to www.Facebook.com/DanaPointResidents for locations). In Capistrano Beach, people can go to 35611 Camino Capistrano (just east of Camino de Estrella) any night until 10/6 from 6 PM to 8 PM.
FREQUENTLY ASKED QUESTIONS:
Why Do We Need to Sign Two Petitions?
In adopting the short term rental law on September 6, 2016, the City Council passed two Ordinances – one approves a Zone Amendment and one approves a Specific Plan Amendment. Our lawyer says that to be legally certain, both Ordinances need to be repealed.
When Must the Referendum Petitions Be Submitted?
The petitions must be submitted not later than 30 days after attestation by the City Clerk. E.C. § 9237. The City Clerk has advised our lawyer that she attested the Ordinances on September 8, 2016. So we must submit the Petitions no later than October 7, 2016.
Will We Know if the Referendum is Successful?
Within 30 days from the filing of the Petitions, excluding weekends and holidays, the Elections Official shall verify signatures. If the Petitions are found insufficient, no action shall be taken. If the Petitions are found to be sufficient, the Elections Official shall certify the results to the City Council at the next regular City Council meeting. E.C. § 9240.
If this Referendum is Certified Successful, What Happens?
If we submit valid signatures of ten per cent of the registered voters in Dana Point, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance. E.C. § 9237.
If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body. The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it. If the legislative body repeals the ordinance or submits the ordinance to the voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters.
E.C. § 9241.