Vacations Only

On December 2, 2009, The Napa County Planning Commission will vote on restrictions concerning vacation home rentals in residential neighbors.  For a long time, the county's General Plan has prohibited renting homes less than 30 days to tourists in unincorporated areas. However, Napa County Planning Director Hillary Gitelman wants to make the vacation rental restrictions more explicit by adopting a stronger language by proposing a revised ordinance.

The unincorporated Napa County currently has hotels, B&B's, and other guest accommodations with legal permits, however according to county staff, there is a growing number of illegal vacation rentals, such as vacation homes, guest houses, and second units that are being rented out to travelers.

Earlier this month, Hillary Gitelman stated to the planning commission that, “They take rental housing out of the housing stock, and put it aside for tourists rather than residents.”

In order to enforce illegal vacation rentals outside commercially zoned areas, she is proposing a revised ordinance that will not make new restrictions, but will clarify the restrictions by changing the language  to make enforcement easier.  Vacation rentals like timeshares, vacation homes, and vacation clubs will be clearly prohibit in unincorporated areas unless it's in a commercial zone under Gitelman's revised ordinance.

There are many people opposing the revised ordinance because they believe it will make new restrictions on homeowners, which in turn would infringe on their property rights.

George Bachich, president of the Napa Valley Stewards Alliance, said to the planning commission that after reviewing the new restrictions, he feels that the proposed ordinance was “created out of thin air by a reinterpretation of an ordinance that does not specifically prohibit vacation rentals.” He also believes there is “effectively no prohibition now.”  He also adds “If it were already prohibited, you would not need a new ordinance.”  

Attorneys from a Napa law firm that deal with land use issues says that under the county vacation home rentals are prohibited.  Attorney Micheal Holman adds, “The proposed clarification ordinance is consistent with laws on the books today,”

This revised ordinance proposal is creating an intense debate with letters for both sides already flooding the county. Lucy White, a Calistoga resident, feels that this revised ordinance to crack down on illegal vacation home rentals is just “another infringement on the rights of property owners.” She also feels that the county has an “obsession that agricultural use should exclude nearly any other use is contrary to the cultural ambiance of the Napa Valley and is being carried to a very destructive level.”

Volker Eisele, President of Napa County Farm Bureau, replied to Lucy White's statement by stating that he strongly supports the revised ordinance because it will be “protecting agriculture from commercialization.”

The final decision on the revised ordinance will be made on December 2, 2009.  The city of Napa still continues with the battle of allowing vacation rental, however earlier this year officials created a solution that will keep some short-term rentals in business, but only under restrict rules that will eventually eliminate most vacation rentals.