2020 Sept 5 ISSUE – SPEAK OUT NOW ON NEW RULES FOR SHORT-TERM RENTALS

New rules for short-term rentals, such as Airbnb operations, are proposed for Corrales. The Village Council will discuss and take public comment on the proposed Ordinance 20-005 at its Tuesday, September 8 session via Zoom. The Zoom meeting ID number is 815 7416 9208, with password 697376. Full text of the draft ordinance can be found at the Village of Corrales website: www.corrales-nm.org under the tab “Latest News.”  Much of the proposed law’s text is published below.

As the popularity of short-term rentals, also referred to as “vacation rentals” has increased over the past decade, complaints from neighboring residents have become common in Corrales as elsewhere. Loud parties, unathourized parking on adjacent private property, and even guests’ trespass golf ball drives have been reported. (See Corrales Comment Vol. XXXIX No.2 March 7, 2020 “Mayor Needs Applications for Short-Term Rentals.”.)

Corrales is thought to have as many as 100 short-term rentals advertised, mainly on the internet. In past years, typically this community has been a desirable stay for hot air balloon enthusiasts. Last month, the Planning and Zoning Commission heard a request for site development plan approval for a two-unit short-term rental and related office and laundry facility on an already commercially-zoned property at 4036 Corrales Road, between Priestley and Coroval Roads.

The proposed Ordinance 20-005 would set a limit of six guest rooms and no more than two occupants per bedroom. At least one parking space must be provided for each bedroom. No such short-term rental uses will be allowed in Corrales without a permit and valid N.M. gross receipts tax number.

A partial text of the proposed law follows.
The Ordinance shall be filed with the Village Clerk, and shall be considered by the City Council at a regular meeting of the Village Council on Tuesday, September 8, 2020, at 6:30 p.m., or as soon thereafter as the matter may be heard telephonically through Zoom (Meeting ID: 815 7416 9208, Password: 697376) Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. 3 Section 5. All acts, orders and resolutions of the Village Council, and parts thereof, inconsistent with this Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 6. This Resolution shall be in full force and effect upon its passage and approval.…

Description of ordinance
Section 1. Amendment to Section 5 (2) of Ordinance 19-006. Section 5 of Ordinance 19-006 is hereby amended to read as follows; (2) Application and Fee. Anyone wishing to engage in short-term rentals must submit a completed application. The application shall be returned to the Administrator accompanied by the appropriate application fee and must show, at a minimum: (a) The maximum number of occupants and vehicles that the dwelling unit and any accessory structures can accommodate. There can be no more than six guest rooms on a residential short-term rental property and no more than two total occupants per bedroom being used as a short term rental. (b) A Google map or similar map showing the entire property, all roads which abut the property and at least 25 feet of adjacent properties, showing on-site parking and areas subject to the short-term rental business. (c) Floorplan showing all bedrooms within the dwelling unit and any accessory structure(s) on the property. (d) Off-street parking as required by Section 18-39 (3) Short term rental lodging establishments. Off-street parking required, with at least one parking space per bedroom on the property. (e) A valid septic permit for the property, showing the number of bedrooms (e) A valid septic permit for the property, showing the number of bedrooms permitted by the State to the septic system on the property. (f) The name, mailing address, email address, and contact phone numbers (including 24- hour emergency contact numbers) of the owner of the property for which the permit will be issued. (g) The name, mailing address, email address, and contact phone numbers (including 24- hour emergency contact numbers) of the operator and the local contact person for the owner of the residential rental. (h) A valid New Mexico gross receipts tax number for the operator. (i) Short-term rental permit application fee. Section 2. Amendment to Section 5 (6) of Ordinance 19-006, Appeal Process.

Section 5 (6) is hereby amended to read: (6) Appeal Process. An applicant or person who is aggrieved by the decision of the Planning and Zoning Commission may appeal the decision to the Governing Body by written notice to the Village Clerk of such appeal, to be made within ten (10) days of the date of the decision by the Planning and Zoning Commission. The matter shall be referred to the Governing Body for hearing at a regular or special meeting in the usual course of business. The decision of the Governing Body made thereof shall be expressed in writing; and the action of the Governing Body shall be deemed final. Section 3. Amendment to Section 5 (7) of Ordinance 19-006, Penalties for violation of requirements of subsection (g) of Section 18-45. Section 5 (7) is hereby amended to add (e): (a) Any person who violates any provision of subsection (g) of Section 18-45 shall, upon a first conviction, be subject to a fine of not less than $250 nor more than $500, or imprisonment of not more than 90 days, or both such fine and imprisonment. (b) Any person who violates any provision of subsection (g) of Section 18-45 shall, upon a second or subsequent conviction, be subject to a fine of $500 or imprisonment of not more than 90 days, or both such fine and imprisonment. (c) Each day that a violation occurs constitutes a separate violation of Village of Corrales Municipal Code as provided for in this subsection. (d) The Village Code Enforcement Officer or other designated Village employee shall take action to correct the violation as provided for in the Code. (e) Possible Revocation of short term rental permit.