NOTICE: California Coastal Commission ready to fine Community Association over Short-Term Rental ban

press_release_iconOXNARD, Calif. September 8, 2016 – The California Coastal Commission (CCC) has weighed in on a battle over a local community association’s ban of short term vacation rentals (STVR’s).

CCCLetterMandalay

In response to a STVR ban enacted by the Mandalay Shores Community Association (MSCA), the CCC has sent notice (CCC letter to MSCA 8.26.16) to the MSCA of “our intent to consider pursuit of remedies, including administrative penalties.” The Notice warns the MSCA that, it should “immediately cease any activity that interferes with public access to the coast, including by rescind[ing] the [STVR ban], and 2) ceas[ing] enforcement of said rule.”

Specifically, the CCC states that, “In all instances, short-term vacation rentals increase the range of options available to coastal visitors.” and that, “Under the Coastal Act these type of rentals constitute a high-priority visitor service used to provide important overnight accommodation for members of the public and Coastal communities and support increased Coastal access opportunities.”

The Notice states that per Coastal Act sections 30600(a) and 30106, the MSCA’s “STVR ban constitutes ‘development’ under the Coastal Act,” for which a “valid coastal development permit” is required. The Notice also states that CCC staff are unaware of such a permit, or an application for one.  The Notice warns that, “Any development activity conducted in the Coastal Zone without a valid coastal development permit, or which does not substantially conform to a previously issued permit, constitutes a violation of the Coastal Act.”

The CCC also warns that the MSCA’s “significant violations of the public access provisions of the Coastal Act” entitle the CCC to “impose administrative civil penalties in an amount of up to $11,250 per day [,] and a court to impose civil liability in an amount up to $30,000 plus “an amount not less than $1,000 and not more than $15,000 per day” when the violation occurs “intentionally and knowingly.”

Furthermore, the CCC noted that, through the permit process, which the MSCA failed to follow, “the [CCC], City, and interested parties can work together to develop regulations for [STVR’s] that address the Association’s concerns while ensuring consistency with the Coastal Act [,]” although the CCC also warned that it was “not likely that [CCC] would support a prohibition on [STVR’s.]”

About Mandalay Shores Community Association

The MSCA is a community association comprising virtually all beach homes and beach apartments in the city of Oxnard, Calif. The area has a long history of vacation rentals dating back to the 60’s. In a closed-door meeting on June 26, 2016, the MSCA Board of Directors, led by Deidre Frank, banned STVR’s of less than 30 days and set fines per violation escalating from $1,000 to $5,000. The ban went into effect on August 21, 2016.  On August 18, in a lawsuit filed in Ventura County Superior Court by an MSCA member, the court ordered the MSCA to show cause why the ban should not be preliminarily enjoined pending the eventual trial of the action.

About the California Coastal Commission

The California Coastal Act was enacted by the state legislature to provide long-term protection of California’s 1,100-mile Coastline and with the implementation of a comprehensive planning and regulatory program designed to manage conservation and development of coastal resources. The Coastal Commission is the state agency created and charged with administering the Coastal Act. In all instances the Commission has ruled that short-term vacation rentals increase the range of options available to visitors to the coast and such rentals constitute a high-priority visitor service providing important overnight accommodations for the public and coastal communities and support of increased coastal access opportunities.

About Short Term Rentals in Oxnard Shores

STR’s are proud property owners in Oxnard Shores, California.  They share a common interest in maintaining and enhancing the quality of life in Mandalay shores. Some use their property for short-term rentals, thereby generating much needed Transient Occupancy Tax which is paid to the City of Oxnard. They believe that open dialogue, mutual respect, and consideration are the only way to resolve issues. More information can be found at www.ouroxnardshores.org.


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