Proposed New Town of Truckee Draft Short-Term Rental + Noise Ordinance
Association NewsSep 03
The Town of Truckee is in the process of developing an ordinance to regulate short-term rental (STR) operations and establish community-wide noise restrictions. With nearly 1,000 registered STR properties, Tahoe Donner represents about 60% of the Town of Truckee’s STRs. As such, we know this topic is very important to our members.
In October 2018, the Tahoe Donner Board of Directors approved rules for short-term rental nuisance-related issues including noise, parking and light pollution among others. These rules are intended to help preserve and protect the quiet residential nature of the community.
The Town of Truckee is now considering adopting similar STR rules. If the Town’s ordinance is adopted, its requirements will supersede Tahoe Donner rules in many cases and become the lead enforcer of those rules.
PUBLIC COMMENTS
On August 11, the Town of Truckee drafted a short-term rental ordinance to regulate operations and establish community-wide noise restrictions. The Town received over 300 public comments and made several revisions. The first reading of the proposed ordinance will occur at the September 22 Town Council Meeting.
A side-by-side comparison with similarities and differences between the proposed Town of Truckee and Tahoe Donner ordinances can be seen below. Please review the full Draft Ordinance as well as Tahoe Donner STR rules for additional details.
UPDATED SEPT. 23, 2020
| ORDINANCE TOPIC | PROPOSED TRUCKEE STR ORDINANCE | CURRENT TAHOE DONNER STR ORDINANCE | DIFFERENCES |
|---|---|---|---|
| REGISTRATION | An annual short-term rental (STR) registration certificate and registration fee will be required for all STRs operating in Truckee, including those within homeowner associations. | All STR properties are required to register with Tahoe Donner starting January 1, 2019 using the online form. A reminder, if you begin renting your home as a short-term rental, you are also subject to registering with the Town of Truckee for the Transient Occupancy Tax. | Registration fee is required for Town’s STR registration, and no fee for Tahoe Donner STR registration. |
| OCCUPANCY LIMIT | Occupancy Limit: No more than two (2) people per bedroom plus two (2) additional people will be permitted, excluding children under five (5). | When functioning as an STR, no residence may be (i) advertised to house or (ii) be occupied by more than two (2) people per bedroom plus four (4) additional people total. Children under age seven (7) are excluded from the occupancy count. | Tahoe Donner rules allow for four (4) additional people, while the proposed Town of Truckee ordinance would allow only two (2) additional people. |
| PARKING | Parking: On-site parking shall be provided, and no parking will be permitted on the street or in an unpaved area. STRs in the Downtown Mixed Use (DMU) zoning district may propose an alternative parking plan designating off-site parking. | When functioning as an STR, the number of parked vehicles shall not exceed those spaces available in garages and on the driveway of the property. There is no parking on unpaved areas of Lots. Parking in the street may constitute evidence that “increased parking” as prohibited in the Business Activity rule has occurred. | The Town of Truckee ordinance prohibits parking on the street if registered as an STR. |
| NOISE | Noise regulations, including quiet hours between 10 pm and 7 am will be imposed (applies town-wide, not just to STRs). | The hours between 10:00 p.m. and 7:00 a.m., seven days a week are considered quiet hours, during which noise shall be minimized in order that it not be an unreasonable annoyance or nuisance to neighbors. | These rules are very similar and apply to all properties not just STRs. |
| GARBAGE | Garbage: Accumulation of trash and debris outside of a short-term rental at any time is prohibited. A bear resistant trash enclosure will be required at each STR to manage trash and protect wildlife. Operators will have until 10/31/2021 to install a bear resistant trash enclosure. Exemptions made for short-term rentals for which solid water collection is maintained at a central location Operated by homeowner's association or property owners association; and short-term rentals located in a neighborhood in which trash collection service from garages or other indoor locations is required by a homeowners association or property owners association and maintained by the operator. | No rubbish, trash or garbage shall be allowed to accumulate on any lot. Trash and garbage accumulated for scheduled collection must not be placed outside overnight except within the confines of an ASC-approved animal resistant garbage can enclosure (ARGCE). TRASH must be locked up in your bear-proof container, never your neighbors’ container or dumped anywhere in Tahoe Donner. | These rules are very similar. Town ordinance as drafted only applies to STRs. Tahoe Donner trash rule applies to all properties. |
| FIRE SAFETY | Working fire extinguishers, smoke alarms, carbon monoxide detectors in accordance with current California Building Code requirements, and visible address numbers will be required at each short-term rental, and rentals will be prohibited from having outdoor fire pits or charcoal grills. The operator of each short-term rental shall allow Truckee Fire Protection District staff to conduct an inspection once every three years to ensure compliance with these requirements and with Truckee Fire Protection District defensible space requirements. | Open outdoor fires are prohibited for wood or charcoal fires or BBQs. Fireworks and firearms of any kind are prohibited. | The Town of Truckee’s ordinance would require specific safety devices and well as regular inspections by the Truckee Fire Protection District. |
| MINIMUM STAY | Two-night minimum rental length will be required. | Short-term rentals ("STRs") are residential properties in the Tahoe Donner development that are offered for rent or lease for one or more terms of less than thirty-one (31) continuous nights | The Town of Truckee’s ordinance would require a minimum two-night stay. |
| SPECIAL EVENTS | Weddings, Corporate events, commercial functions, and any other similar events if such events or functions have the potential to cause traffic, parking, noise or other problems in the neighborhood will be prohibited at STRs. | No business or commercial activities of any kind shall be conducted in any Residence, Condominium or outbuilding or any other portion of any residential or multiple family residential lot. the property may not be rented for any purpose other than residential use. Such prohibition includes without limitation, weddings, civil unions, receptions, corporate events, conferences and large commercial parties. This prohibition is set forth to ensure the use of properties is in keeping with the residential nature of the community. More info. | These rules are very similar. The Town's ordinance could potentially allow for some special events if it does not have potential to cause traffic, parking, noise or other problems in the neighborhood. |
| LOCAL CONTACT PERSON | Every STR must have a designated local contact person to be available by telephone on a twenty-four-hour basis and shall respond by phone within thirty-minutes of contact by the Town of Truckee or guest. Not withstanding the foregoing, a local contact person shall be physically present at the short-term rental within sixty minutes of contact, for a period of one year following any citation, notice of violation, or fine issued in connection with the operation of the short-term rental. Upon receiving any other call or complaint about the short-term rental, the local contact person shall cause the discontinuance of any violation of this chapter within sixty-minutes. | As a condition of registration, the Owner must provide, among other details to be specified in the Registration, contact information for up to three (3) live persons, having authority to address any nuisance issues at the property. At least one contact person shall be available to respond 24 hours a day/7days a week within 45 minutes of being notified of any complaint of a violation(s) of TDA rules ("Contact Person") when functioning as an STR. Representative nuisance issues that are often associated with STR rentals include (i) an excessive number of vehicles at the property; (ii) vehicles parked in violation of the TDA parking rules; (iii) excessive noise; and (iv) physical altercations. | The Town ordinance requires a person respond by phone within sixty minutes. Tahoe Donner rules state a person must be able to respond within 45 minutes of being notified of any complaint. Additionally, the town's ordinance requires a local person be physically present within sixty minutes if they have received a citation, notice of violation, or fine in connection with STR operation in the past year. |
| INTERIOR POSTING | Interior posting: All STRs will be required to post STR rules, including occupancy, garbage and where garbage cans are located, a summary of the Town's dog ordinance, parking, and noise restrictions; contact information for the designated local contact person; emergency evacuation information; and notice of financial penalties for violations. | All STR owners are required to provide all renters with the following information: Covenants Rules, Evacuation Map, Covenants Rules Guide for STR Visitors, and STR Rules. | These rules are very similar. |
| REGISTRATION PROCESS | The registration certificate requirement will take effect January 1, 2021, provided that operators without a certificate will not be in violation of STR certificate requirement until April 1, 2021. | Owners who begin a short-term rental program of their home after January 1, 2019 will have 30-days to register with Tahoe Donner. Registration is available through www.tahoedonner.com/str. A reminder, if you begin renting your home as a short-term rental, you are also subject to registering with the Town of Truckee for the Transient Occupancy Tax. | These rules are very similar. |
| COMPLIANCE | An administrative penalty of up to $500 per day may be imposed for each violation for a first administrative citation, and up to $1,000 per day for each violation contained in a second or subsequent administrative citation. A Short-term rental certificate will be revoked if a unit receives three citations within a 12-month period, and a new certificate shall not be issued for a period of 12 months. | Violation of Tahoe Donner’s covenants and rules can result in suspension of amenity privileges and fines levied. For more information about rules, enforcement and fines, please call (530) 414-8166. See STR Rules for more info. A violation of any of the Covenants Private Property Rules, which includes the STR rules, may result in a fine of $400 for the first violation, $800 for the second violation, and $1600 for the third violation, all occurring within a one-year period from the first hearing, including garbage spills. Garbage Spill, 2nd violation $800.00. Tree and/or vegetation removal, $200 to $5,000 per tree involved, plus replacement. Fire safety rule violations starting at $1,000 and up to $5,000 per incident. | These rules are generally similar, as violations may result in fines. However, the town’s ordinance could also result in a short-term rental certificate being revoked after three citation within a 12-month period. |