Question: Can I download the NEW 2022 Economic and Fiscal Impacts of Proposed Vacation Rental Regulation Changes in the City of Big Bear Lake? Answer: Yes. Click below on the icon of the pdf file.
Question: How many residents does Big Bear Lake have? Answer: Just over 5000 Question: How many people visit Big Bear Lake every year. Answer: In 2021, Big Bear Lake had nearly 1 million visitors (due to Covid). Lake Tahoe has about 15 million people visit Lake Tahoe each year. Lake Arrowhead draws over 3 million visitors annually.18 million visitors per year visit Disneyland compared to roughly 58 million at Disney World. Universal Studios Hollywood has increased annually, reaching 9.15 million visitors in 2018 and 2019. Despite the consistent increase in attendance, the park still receives less visitors than its sister park Universal Studios Orlando which had 10.92 million guests in 2019. Question: How many STRs are in Big Bear Lake? Answer: 2,600 rental licenses which offer an estimated 3,300 rooms for rent. Question: How many hotel rooms are in Big Bear Lake? Answer: 1000 across 20 properties. This represents a total of 25% of the available rooms in Big Bear Lake. Question: How many housing units are in Big Bear Lake? Answer: Approximately 9,400 housing units Question: What percentage of housing units are occupied by full-time residents? Answer: 20% Question: How many units are available including all types of housing? Answer: A total of 7500 units are available for tourists.
Question: What are the key proposed changes to regulation put forth in the Big Bear United initiative include:
Answer: 1. A city-wide cap of 1,500 vacation rental licenses 2. An annual limit of 30 vacation rental contracts per property 3. A limit of one vacation rental license per owner Question: Did organizers of the petition get the signatures they needed? Answer: On April 7th, they submitted the signed petition to the City Clerk. The petitions included signatures from less than 16% of full-time residents. However, 786 signatures is a little less than 1/4 of th registered voters. So all concerned needs to register to vote in Big Bear Lake to make sure your voice is heard. Question: What is the goal of Big Bear United? Answer: Big Bear United wants to off-balance our ever changing economy and implement government regulation to control stop the development of our Short-Term Rental marketplace. This off-balancing measure will cost local businss more than $289,000,000 a year according to the 2022 Economic and Fiscal Impacts of Proposed Vacation Rental Regulation Study conducted in the City of Big Bear Lake. Question: Will the proposed initiative reduce the number of tourists who attend local businesses? Answer: Yes. It will LIMIT all vacation rentals to no more than 30 contracts (guest stays) per year. This will disrupt businesses and according to the study more than 2,100 jobs will be lost in Big Bear Lake. In addition, more than 400 students will leave our schools due to the lack of opportunity for parents to work. Question: What is the title? Answer: Initiative Measure Amending the City’s Municipal Code to Limit the Number of Vacation Rental Licenses and Rental Contracts in the City and to Enact Additional Limitations and Regulations on Vacation Rentals. Question: What is a summary of the ballot? Answer: This measure would amend the City of Big Bear Lake Municipal Code to enact further limitations and regulations on “vacation rentals,” meaning any residential dwelling unit, or portion thereof, that is leased for 28 or fewer consecutive days. To date, the City has issued approximately 2,600 vacation rental licenses under the current Code. The measure would establish a citywide cap of 1,500 vacation rental licenses, not including licenses for “home sharing”, as defined. Those licenses applied for or held in good standing prior to the “cut-off date” may be renewed within 30 days after expiration notwithstanding the cap. The measure provides that upon a sale or other change of property ownership, the existing vacation rental license automatically expires and any grandfathering ends. The new owner would have to obtain a new vacation rental license under the measure’s current rules, which would not allow the issuance of new vacation rental licenses, except for home sharing licenses, until the total number of licenses falls to less than 1,500. Spousal transfers, including through death and divorce, would not trigger a change in ownership and a grandfathered license would remain effective. The measure defines “cut-off date” as either (i) the date the City Council adopts this measure without an election or (ii) if placed on the ballot, the date of the election for this measure. The measure would also establish an annual limit of 30 vacation rental contracts per property starting January 1, 2024. This contract limit would not apply to occupants on the owner’s “friends and family” list or to properties used exclusively for home-sharing. In order to qualify occupants for the friends and family exception, an owner must file a list with the City, identifying up to five persons who must occupy the unit at no cost and may occupy the property without the owner present. Current Code allows an owner to possess up to two vacation rental licenses. The measure provides that, after the cut-off date, no owner may possess more than one license. However, owners with two licenses prior to the cut-off date may continue to use both until a license terminates or expires. After the cut-off date, the measure would prohibit a business and other legal entity from receiving a license; only a natural person or personal/family trust could get a license. However, a business or other legal entity with a license prior to the cut-off date may continue to use it until it terminates or expires. Current Code allows each unit in a duplex, triplex and four-plex (2-4 attached units) to be licensed as a vacation rental. The measure would limit a vacation rental to only one unit within a duplex, triplex or four-plex. The measure enacts further limitations, regulations and obligations with regard to vacation rental (i) events and gatherings, (ii) parking standards, (iii) rental contract information, (iv) inspections and (v) penalties for non-compliance. Question: What is the entire initiative verbatim?
Answer: To the Honorable Mayor, City Council, City Clerk, and People of the City of Big Bear Lake:
We, the undersigned, registered, qualified voters and residents of the City of Big Bear Lake, San Bernardino County, hereby propose an initiative ordinance to the City and People of Big Bear Lake, and request that the City Council adopt the ordinance or submit the same immediately to the voters of the City of Big Bear Lake for their adoption at an election as provided by law.
Full text of the measure is as follows:
THE BIG BEAR LAKE UNIFED TO LIMIT SHORT-TERM RENTALS INITIATIVE
Section 1. Purpose, Effect, and Findings
WHEREAS, the rental of private homes to visitors on a short-term basis presents the potential for disruption of the tranquility of the city’s residential communities if such rentals are too great in number or are insufficiently regulated.
WHEREAS, the preservation of the residential character of Big Bear Lake’s neighborhoods enhances the quality of life for residents.
WHEREAS, the current regulations applicable to private home rentals on a short-term basis have resulted in disturbances to residents and visitors in the city’s residential neighborhoods;
WHEREAS, the People of the City of Big Bear Lake propose this Initiative ordinance, which may be referred to as the “Big Bear Lake United to Limit Short-Term Rentals Initiative,” to comprehensively regulate the rental of private homes to visitors on a short-term basis within the residential neighborhoods of the City of Big Bear Lake;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 2. Amendment of City ef Big Bear Lake Municipal Code
Municipal Code Title 4, Chapter 4.01, is amended to read as follows (red text is deleted text and bold underlined is new text}:
Title 4 Visitor-serving uses and tourism
Chapter 4.01 Vacation Rentals
Section 4.01.010. Purpose
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city secks to promoteregulate and limit vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods, The city seeks to balance the needs of visitors and residents in a way that commercial visitor zone, and makes residents the priority in the city’s residential zones.
Section 4.01,020, Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
“Agent” means a person or entity, who does not hold any interest in the property and, who has authority to act on behalf of the owner,
“Bedroom” means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the city.
“Business entity” means a corporation, nartnership, or other legal entity that is not a natural person or a personal or family trust.
“Check in” means the arrival of a guest at a vacation-rental property or agent’s
office.
“Contract” means an agreement or evidence of any tenancy that allows or provides for occupancy of a vacation-rental property. A contract is any occupancy of a property other than occupancy that includes the owner or that includes a person on the Friends and Family list, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. A contract is not required for home-sharing,
as defined herein,
“Cut-off date” means cither the date that City Council adopts the Initiative as law or, if it is placed on the ballot, the date of the election.
“Dwelling unit” shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one family or household for living and sleeping quarters, and containing only one kitchen,
not including hotels or motels.
“Effective date” means either the date the City Council adopts this Initiative as law upon its qualification or, if it is placed on the ballot, the date that the elections official certifies the yote on the Initiative by the voters of the City of Big Bear Lake.
“Friends and Family list” means a list of up to five (5) persons designated by the Owner and filed with the city, who must occupy the unit at no cost and who may occupy the unit without requiring the presence of the Owner on the
premises.
“Good Neighbor Policy” means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of vacation rentals,
“Home-sharing” or “home-sharing property" means the rental of no more than two bedrooms in a detached single-family unit, for compensation, for a term of 28 or fewer consecutive days while the owner of the unit is-present lives on-site and living-in the unit. home, throughout the visitor’s stay.
“Hosting platform” or “hosting sites” means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.
“Owner” means a person(s) or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property. “Owner” also includes a personal or family trust consisting solely of natural persons. An “owner” can be a business entity only if holding a license
issued prior to the Cut-off date; any “owner” who holds a license on the Cut- off date is deemed an “owner” for purposes of this ordinance until the license is terminated or is not renewed.
“Responsible party” means the lessee of a vacation-rental property.
“Vacation rental” or “vacation-rental property” means either (1) a residential dwelling unit, or any portion thereof, that is leased for a term of 28 or fewer consecutive days. “Vacation rental” or “yacation-renial property” inciudes
properties where home-sharing preperty. takes place unless expressly indicated otherwise.
Section 4.601.036, License Required
A current, valid annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. The license shall be posted inside of the Each dwelling unit used as a vacation-rental property requires a license.
The license number shall be conspicuously posted inside of the yvacation- rental property and oa all advertisements or solicitations for the property, including but not limited to Hosting sites, websites, social media postings, emails, and print ads.
A license shall not be issued to any business entity, A natural person or personal or family trust shall not maintain any financial interest in more than one yacation rental. For this purpose, financial interest includes both local and beneficial ownership as well as any arrangement that provides for receipt of any portion of the revenues generated by the vacation rental, An owner shall only be issued, and can only maintain one license for any
vacation rental within the City of Big Bear Lake at any time.
Paragraph C shall apply only to licenses issued afier the Cui-off daie, The purpose of this exception is to afford current owners of vacation rental property a reasonable opportunity to recoup costs reasonably invested for
vacation rental use.
Upon sale or change of property ownership, the license shall automatically expire and the property shall not be used as a vacation rental until the new or successor owner obtains a license for the vacation rental, A change in
ownership of a business entity that owns a vacation rental property such that the property is subject to reassessment constitutes a change of ownership for the purposes of this provision and results in the termination of the license, A change of ownership between or among spouses, including as a result of death or divorce, is not considered a change of ownership that terminates a license, Within seven days of a sale or change of property ownership, the owner holding a license must cancel the license through a procedure to be developed by the city.
Section 4.01,040, Licensing Procedure and Maximum Number of Licenses
An owner shall apply to the city for a license annually for each vacation-rental property and pay a fee established by resolution of the city council. The fee shall be sufficient to allow for comprehensive and complete enforcement of the regulations in this section. The city shall provide an application form and list of application and insurance requirements.
At the time of renewal of any license, all business entities, Limited liability companies, and person or family trusts must provide the names, contact information, and any other information deemed necessary by the city, of
each natural person holding a legal, equitable, or beneficial interest in any business entity, limited liability company, or personal or family trust, and the address of each vacation rental owners by each such entity.
When reviewing applications for new licenses, the city shall wtilize the information provided under Paragraph A.1. to ensure that no natural person has any legal. equitable, or beneficial interest in any existing licenses prior to
issuing a new license, as limited in Paragraph B.
The owner at the time an application or renewal is submitted can designate and file with the city the names of up to five (5) persons who may oceupy the yacation-rental property at no cost and without requiring the presence of the owner on the premises of the yvacation-rental property. Rach such occupancy shall fully comply with ail other provisions of this Chapter.
An owner may not hold more than two licenses,except that-as-ownerhelding one license for_a vacation-rental property.
The city shall not issue more than #ve-Heenses-as-ef September16,2021, may renew-thoseone license to any owner. In addition, the city shall not issue more than one license per parcel,
The city shalt not issue more tan 1,500 licenses unless-they-have-been-revoked or not. However, licenses applied for or held in good standing on the Cut-off date and renewed within 30 days ofafter expiration may be renewed in
accordance with this chapter even if the total number of licenses exceeds 1,500. This cap on licenses does not apply to properties that are used exclusively for home-sharing.
Licenses issued after the Cut-off date and before the Effective date shall bevalid for a period of one (1) year and cannot be renewed if, at the time of renewal, the total number of active licenses exceeds 1,500.
For 24 months after the Effective date, license holders that held a license onor before the Cut-off date may choose to remove their property from the program to provide a long-term lease of at least 12 months, In such cases, property owners are eligible to apply fora license after the long-term lease program. A license may be issued in this instance exceeding the limit of 1,500,
An application for a vacation-rental property license that was not submitted and paid for prior to or gn the Cut-off date shall not be processed by the city until the number of vacation rental licenses is below 1,500. When the number of active licenses is less than 1,500, the city can once again issue licenses, but the total number may not exceed 1, 500. If there are more applicants than determine which applications will be processed.
The city shall not renew any licenses for units with outstanding fines if all administrative appeals have been exhausted.
Section 4.01,050, Transient Occupancy Tax
Except as provided in Paragraph B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this code concerning transient occupancy taxes.
Beginning January 1, 2022, hosting Hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and tourism business improvement district assessments and remitting the same to the city. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.20.
Owners shall be responsible for submitting transient occupancy tax forms repotting nightly stays and gross receipts even if'a hosting platform is remitting the taxes due on their behalf.
Licensees making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.
Section 4,01.060. Operational Requirements
The owner and the owner's agent shall ensure that the vacation rental Prior to check-in or guest arrival, the owner or the owner’s agent shall provide a contract summary to the city on a form to be developed by the city, The
contract summary shall contain, at a minimum, the license number, the dates of the stay. and the contract number for the year, and any other information as deemed appropriate by the city. This requirement does not apply to home-sharing.
Prior to or at check in, the owner or the owner’s agent shall obtain from the Responsible Person the indiyidual’s name, email address, and a copy of a government-issued identification.
No more than 30 contracts for occupancy of a yacation-rental property shallbe allowed in any calendar year. A contract is any occupancy of a property other than occupancy that includes the owner or that includes a person on the Friends and Family list, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. In order to allow for any existing reservations and allow the city time to establish a system to monitor and track contracts, this limitation commences at the start of the first day of the calendar year 2024.
The city shall track and enforce the 30 contract per year rental limitation, except the 30 contract per year limit shall not apply to occupancies that meet the definition of home-sharing. No contract is required for home-sharing.
If it is determined by the city that a yacation-rental property has been rented without providing the contract summary, the owner shall be deemed in violation of this Ordinance, regardiess of the number of contracts in the
city’s records for the current calendar year.
The owner or the owner’s agent shall maintain a record of all contracts for a period of at least three years, subject io audit by the city,
The owner and owner’s agent shail ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations.
The rules and regulations regarding usage, quiet hours, parking, and
occupancy applicable to visitors renting the yacation-rental properties are
also applicable to owners occupying theix own vacation rental properties and to occupancies by persons designated on the owner’s Friends and Family list.
All guest check-ins must be performed in person by the owner or the owner’s
agent. The responsible party must be present in person at the check-in. The /
responsible party must sign a copy of the city’s Good Neighbor Policy prior
to or during check- in. A copy of the signed policy shall be provided to the city by
the owner or owner’s agent upon request. An owner or agent may provide an
electronic process for guests to sign and acknowledge the city’s Good
Neighbor Policy at check-in.
Occupancy of the vacation-rental property shall always be limited to the limit
stated on the license. Such occupancy shall not exceed two adults per bedroom,
plus two additional adults, not including persons under 18 years of age; but the
total number of persons, including persons under 18 years of age, may not exceed
one person per 200 square feet of living space or 16 persons, whichever is less.
Properties without all the parking spaces that are required by Section 17,25.070
are limited to two adults per parking space provided,
No party, wedding, Events or other gatheringgatherings exceeding occupancy limits isare not permittedwithout-prior-written-approval-by, unless the city manager or the city manager’s designee at least 30-days in-advanee, City approval reasonable conditions-has given prior written approval on or before the Cut-off date.
Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants in accordance with Section 17,25.070. Parking is allowed only in designated driveways and garages and is is not allowed in the yard or street at any time. Gravel ‘parking spaces approved for vacation-rental properties licensed before January 11, 2021, and originally constructed after January 1, 2004, shall continue to be allowed until January 1, 2026. Properties licensed before January 11, 2021, that do not contain off-street parking spaces shall continue to be allowed until January 1, 2026. The maximum number of vehicles that may be parked at a vacation rental is the number of existing conforming spaces or the number listed below based upon lot size, whichever is fewer:
For a lot less than 5,000 square fect, two cars maximum:
For a lot between 5,000 to 10,000 square feet, three cars maximum; and
For a lot greater than 10,000 square feet, four cars maximum.
Cars parked in a fully enclosed garage are not included in these maximum
limitations.
Upon the request of the city, the owner or the owner’s agent shall respond in
person at the vacation-rental property within 30 minutes of dispatch of notice by
the city to correct any violation of this chapter or any other provision of this
code, prevent a recurrence of such conduct by those occupants or guests, and
evict one or more of the guests when requested by the City’s agent.
No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier,
or other any machine or device for the producing or reproducing of any sound
may be operated on the vacation-rental property unless it is within a fully
enclosed structure and is not audible at the property line of the vacation-rental
property.
Outdoor activity that disturbs the peace and the use of an outdoor spa are
prohibited between the hours of 10:00 p.m. and 7:00 a.m.
Each vacation-rental property shall be equipped with one
informational sign as described in the registration materials. The sign shall be
clearly visible from the street, include the code enforcement hotline number,
identify the maximum number of occupants and the maximum number of
cars permitted plus additional information required by the city.
Trash shall be properly handled and disposed of as required by city regulations.
Incessant barking from dogs heard beyond the property line is prohibited.
The owner shail include notice to Responsible person of the requirements
of this section in all leases and post a visible notice at the entrance to the vacation-
rental property.
Section 4.01.070. Agency and Certification
An owner may grant authority to an agent to act on behalf of the owner for purposes of
fulfilling some or all the requirements of this chapter. The owner shall give prior written notice
to the city of any grant of authority to a notice, including the identity and contact information for
the agent. The owner shall promptly give the city written notice of any change to any such grant
of authority of making such change. The use of an agent shall not excuse the owner from the
owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this
chapter shall be annually certified by the city.
Section 4.01.080. Inspection and Audit.
Each owner and owner’s agent shall provide the city with access to the vacation-
rental property and to such related records, documents, tax returns, and bank
accounts at any time during normal business hours as the city may determine are
necessary for the purpose of inspection of audit to determine that the objectives
and conditions of this chapter are being fulfilled.
Every applicant applying for 4 license shall provide the city access to any
premises, property or dwelling which is the subject of the application, and
the city shall be permitted to make any inspections as the city may determine
is necessary from time to time throughout the application process. If a license
is issued, the city shall be permitted access to the subject premises, property
or dwelling in order to determine continued compliance with this chapter
and/or any conditions of approvals set forth in the respective license.
The owner shall pay to the city the actual costs of any inspections not to
exceed the cost of one hour for every inspection conducted pursuant to this
chapter.
Section 4.01.090. Hosting Platform Responsibilities.
Subject fo applicable laws, hosting platforms shall, upon written request by the
city, promptly disclose to the city each vacation-rental property listing located in
the city, the host ID, listing ID, and names of the persons responsible for each
such listing, the address of each such listing, the length of stay for each such
listing, and the price paid for each stay,
A hosting platform shall promptly remove any listing upon receipt of a take-down
notice from the city indicating that a listing violates applicable legal requirements.
A hosting platform is responsible for collecting and remitting transient occupancy
taxes and tourism business improvement district assessments on behalf of their
hosts beginning January 1, 2022, in accordance with Section 1,01 050 above.
A hosting platform shail require all hosts to include a valid license number in a
designated field dedicated to the license number no [ater than January 1, 2022.
Section 4.01.100. Violations and Penalties
The city shall issue an administrative citation to any person who operates a
vacation-rental property without a license, The administrative fine for the first
citation shall be in the amount of $5,000.00. Any person operating an unlicensed
vacation-rental property shall be permanently ineligible to operate a vacation-
rental property in the city, and any property that is operated as a vacation-rental
property without the required license shall be ineligible for a vacation-rental
property license for a period of one year from the most recent citation issued for
operating without a license. If the person continues to operate a vacation-rental
property without a license, the city shall issue an additional administrative
citation, with an administrative fine in the amount of $10,000.00. Any additional
violation shall be subject to additional citations with escalating fines provided in a
schedule established by the city council by resolution. A person operating an
unlicensed vacation-rental property is liable to the city for the payment of
transient occupancy tax in accordance with the provisions of Chapter 3.20 of this
code, including without limitation penalties and interest.
For any violation of the requirement in Section 4.01.060(A) to provide
contract summaties to the city, an immediate fine of $2,500 shall be assessed
against the owner, and the license for that property shall be suspended for a
six-month period. A second violation at the same vacation-rental property
shall terminate the license for that property.
For any violation of this chapter that is not subject to subsections A or B above or
E or F below, the city shall impose an administrative fine for the first
violation in the amount of $500.00. The fine for each subsequent violation shall
be $1,000.00, Upon the third violation in any twelve-month period of any
provision of this chapter that is not subject to subsection A or B above or E
or F below, the license for that property shail be revoked.
Except as stated otherwise, each administrative citation for a violation of
any provision of this chapter may be levied or assessed against one or more of:
the owner, ihe owner’s agent, a hosting platform, and the responsible party. The
city may initiate revocation of a license after one violation. Each day that a
violation occurs is a separate violation, for which the city shall issue a
separate administrative citation and fine.
Any person who advertises a vacation-rental property with false occupancy
information, offering self-check-in, or without including a valid license number
for the property in the advertisement shall pay a fine in the amount of $2,500.00,
and the owner“s-license for that property may be revoked. The license
for that property shall be revoked for a second offense, if not revoked already.
If a guest violates this ordinance and it is determined that 4 responsible party
has not signed a copy of the city’s Good Neighbor Policy as required b
Section 4,01,060, the owner or their agent shall pay a fine in the amount of
$500.00, in addition to any fine levied against the guest.
The failure of an owner or the owner’s agent to comply with an order of any
police officer shall result in the revocation of the license.
The appeal and hearing provisions of Section 1, 7. 070 of this code apply to any
revocation or suspension of a license.
In addition to, and not in lieu of, any other remedy allowed by law, all remedies
prescribed under this chapter are cumulative, and the election of one or more
remedies does not bar the city from pursuing any other remedy, whether criminal,
civil, or administrative, through which the city may enforce this chapter or
address any violation of this code or to remedy any other public nuisance.
Owners and agents must accept all city vacation-rental-related correspondence,
including, but not limited to, notices of violation, administrative citations,
registration materials, notices of regulatory changes, and transient occupancy tax
notices via email delivery, It is the responsibility of the owner and agent to ensure
that the email address provided on the license application is active and monitored
regularly.
The city shall maintain a web-based database of issued vacation-rental
property licenses and enforcement actions or violations assessed against each
license holder. The website shall list vacation rentals by address and include
ata minimum, the following information for each unit: owner, license
number, and expiration date; name of any owner’s agent or management
company (if applicable); maximum permitted number of occupants;
maximum permitted number of cars; each and every complaint that has been
received, including duplicate complaints; a detailed description of each
compliant and final resolution to each complaint; amy fines that were levied,
and whether the fines were paid or are outstanding.
Section 4.01.105 Authority to Make Rules and Regulations
The city shall haye the authority to establish administrative rules and regulations,
which may include, but are not limited to, registration conditions, reporting requirements,
inspection frequencies, enforcement procedures, advertising restrictions, disclosure
requirements, or insurance requirements, consistent with the provisions of this Chapter,
for the purpese of implementing, interpreting, clarifying, carrying out, furthering, and
enforcing the requirements and the provisions of this Chapter, No such rules may have the
effect of undermining any of the provisions of this Chapter.
Section 3. Implementation
A. This Initiative is considered adopted and effective upon the earliest date legally
possible after cither the City Council adopts the Initiative as law upon its
qualification or, if it is placed on the ballot, the elections official certifies the vote
on the Initiative by the voters of the City of Big Bear Lake. Upon the effective
date of this Initiative, the city is directed to promptly take all appropriate actions
needed to implement this Initiative, including but not limited to taking any
administrative steps necessary to update any and all city maps, figures, and any
other documents maintained by the city so they conform to the legislative policies
set forth in this Initiative.
B. Upon the effective date of this Initiative, the provisions of Section 2 of this
Initiative are hereby inserted. into the City of Big Bear Lake Municipal Code. The
city may reorganize, renumber, and/or reformat the provisions of Section 2 of this
Initiative, provided that the full text is inserted into the Municipal Code without
alteration.
Section 4, Effect of Other Measures on the Same Baltot
It is the voters’ intent to comprehensively regulate the rental of private homes to visitors
on a short-term basis, To ensure that this intent is not frustrated, and in the event this Initiative is
not adopted by the City Council as law, this Initiative shall be presented to the voters as an
alternative to, and with the express intent that it will compete with, any and all voter initiatives or
city-sponsored measures placed on the same ballot as this Initiative and which, if approved,
would regulate the rental of private homes to visitors on a short-term basis (cach, a “Conflicting
Initiative”), In the event that this Initiative and one or more Conflicting Initiatives are adopted by
the voters at the same election, then it is the voters’ intent that only that measure that receives the
greatest number of affirmative votes shall control in its entirety and said other measure or
measures shall be rendered void and without any legal effect. In no event shall this Initiative be
interpreted in a manner that would permit its operation in conjunction with the non-conflicting
provisions of any Conflicting Initiative, If this Initiative is approved by the voters but superseded
by law in whole or in part by any other Conflicting Initiative approved by the voters at the same
élection, and such Conflicting Initiative is later held invalid, this Initiative shall be self-executing
and given full force of law.
Section 5, Interpretation, Severability, Enforcement
A, This Initiative must be interpreted so as to be consistent with all federal and state
laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase,
part, or portion of this Initiative is held to be invalid or unconstitutional by a final
judgment of a court of competent jurisdiction, such decision does not affect the
validity of the remaining portions of this Initiative. The voters declare that this
Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion
thereof, would have been adopted or passed irrespective of the fact that any one or
more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to
be invalid. If any provision of this Initiative is held invalid as applied to any person
or circumstance, such invalidity does not affect any application of this Initiative
that can be given effect without the invalid application.
If any portion of this Initiative is held by a court of competent jurisdiction to be
invalid, we the People of the City of Big Bear Lake indicate our strong desire that:
(i) the City Council use its best efforts to sustain and re-enact that portion, and (ii)
the City Council implement this Initiative by taking all steps possible to cure any
inadequacies or deficiencies identified by the court in a manner consistent with
the express and implied intent of this Initiative, including adopting or reenacting
any such portion in a manner consistent with this Initiative.
The Proponents of this Initiative, and any committee formed to support this
Initiative, shall have standing to enforce and defend the provisions of this
Initiative in any judicial forum, as necessary.
This Initiative must be broadly construed in order to achieve the purposes stated
above, It is the intent of the voters that the provisions of this Initiative be
interpreted or implemented by the city and others in a manner that facilitates the
purpose set forth in this Initiative.
Amendment
The provisions of this Initiative can be amended or repealed only by a majority of voters
of the City of Big Bear Lake voting in an election held in accordance with state law.
Inconsistent Provisions Repealed
Any provisions of the City of Big Bear Lake Municipal Code, or any other ordinances of
the city inconsistent with this Initiative, to the extent-of such inconsistencies and no further, are
hereby repealed.
Question: What is the IMPACT of this proposed initiative?
Answer: • Vacation rentals account for a significant share of Big Bear Lake’s visitor economy, and the proposed changes to regulations would likely place significantly binding limits on rentals. As a result, the proposed change to vacation rentals regulations could potentially have severe impacts on the local economy including:
• A reduction in visitor volume by 437,000 annual visitors (-47%)
• Lower direct visitor spending by $250 million (-57%), which
would result in $289 million in total lost economic activity
• Support 2,100 fewer jobs and $50 million less in local labor
income
• Local government would receive an estimated $12 million per
year less in tax revenues.
• The impacts could also generate additional impacts on the regional
population by reducing the number of households and school
enrollment.
• The analysis of property sales over the past ten years indicated that the
presence of vacation rental properties does not have a significant effect
on property sale prices.
Question: How much do visitors spend in our local economy? Answer: Visitor spending expanded 11.5% in 2021
• Overnight visitors stay longer and spend more than day visitors, so
although visitation volume was flat in 2021, spending continued to
expand, driven by higher overnight visitor volume.
• Total direct visitor spending reached nearly $437 million in 2021,
representing an 11.5% increase over 2020 spending levels, and
approximately 49% higher than 2018 spending levels.
• This pace of visitor spending averages to more than 10% growth per
year between 2018 and 2021.
Question: Where is the fiscal growth in local Big Bear Lake tourism? Answer: Visitor spending expanded 11.5% in 2021
• Growth in direct visitor spending in 2021 was led by accommodations
(which expanded 26% over 2020 spending levels), followed by spending
on transportation.
• Transportation spending was driven in part due to significantly higher
gas prices in 2021 than in 2020.
• Spending in other categories was weighed down by lower day volumes.
Question: What industries are impacted most by tourism? Answer: • Visitors to Big Bear Lake spent $437 million in the City in 2021.
• This supported a total of $505 million in total business sales when
indirect and induced impacts are considered.
• Note that vacation rentals are included in the Finance, Insurance, and
Real Estate industry (FIRE).
