Alhambra Municipal Code Ch. 5.92 Short-Term Rentals

The intent of this chapter is to allow short-term rentals and establish regulations governing the rental of residential property for 30 consecutive days or less within Alhambra. The establishment of these regulations will help maintain adequate and affordable housing and ensure that short-term rentals do not become a nuisance or threaten the public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, the accumulation of refuse, and other impacts related to short-term rentals.

(Ord. 4836, passed 10-14-24)

The following words and phrases, whenever used in this chapter, shall have the meaning defined in this section unless the context clearly requires otherwise:

ACCESSORY DWELLING UNIT (ADU). "Accessory dwelling unit" shall have the same meaning as set forth in § 23.22.040(A).

BEDROOM. "Bedroom" shall have the same meaning as set forth in § 23.36.020(B), Terms.

HOST. An owner of a short-term rental. A host must be a natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership. Host includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owners as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests.

LOCAL CONTACT PERSON. The host or a person designated by the host to respond and take remedial action regarding short-term rental complaints.

QUIET HOURS. The hours of 10:00 p.m. - 7:00 a.m.

SHORT-TERM RENTAL (STR). A residential dwelling unit, or portion thereof, that is owned by a host and offered or provided to a paying guest(s) by a host for 30 or fewer consecutive nights. The term SHORT-TERM RENTAL shall not include hotels, motels and inns.

SHORT-TERM RENTER. A person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement for a period of less than 30 consecutive days, counting portions of days as full day. SHORT-TERM RENTERS also includes all person who occupy the short-term rental during the period of rental.

(Ord. 4836, passed 10-14-24)

STRs shall be permitted in all zones except for the Industrial zone. Single-family residences, duplexes, condominiums, townhomes, and multi-family rental units in buildings of less than five units total may be utilized as a STR. STRs are prohibited in any dwelling unit that is subject to a restrictive covenant or other requirement that the unit be affordable to lower or moderate income households and occupied by an income-qualified household. STRs are prohibited in accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs") per Cal. Gov’t Code § 66323(d).

(Ord. 4836, passed 10-14-24)

(A) On and after March 1, 2025, a host with an eligible dwelling unit is required to obtain a STR permit from the city prior to offering the unit for rent as a STR. A host may only obtain a total of one STR permit for one dwelling unit in the city. To obtain an STR permit for a dwelling unit, a host shall apply on a form provided by the city's Finance Department and signed by the host under penalty of perjury.

(B) Building inspection report. A building inspection report shall be submitted to the city upon the initial application and annually during each renewal period. The building inspection checklist shall be completed by a certified third-party general contractor, building or home inspector. The inspection report shall use a form approved by the city. The chief building official or his/her designee may conduct a follow-up inspection to ensure the accuracy of information provided to the city and inspect any deficiencies that may need correction. The applicant or STR owner shall reimburse the city for all building inspection costs; payments shall be nonrefundable for applications found by the city to not be suitable or to qualify for short-term rental.

(C) Application fee. The initial application and each renewal application for a STR permit shall be accompanied by an application fee established by City Council resolution.

(D) Expiration and renewal. A STR permit is valid for one year from the date of issuance. It may not be transferred to a new host, does not run with the land, and is valid only at the original STR site. A STR permit may be renewed if the host meets the renewal requirements including: (1) Pays the renewal fee; and (2) is determined to have been in substantial conformance with this chapter's provisions for the past year. An application for renewal must be submitted no later than 30 days after the expiration of a current permit; otherwise a new application must be submitted.

(E) The city will only issue STR permits up to a maximum of 500 active permits at any given time, or such other cap as set by City Council resolution. Once that cap is reached, applications will be placed on a waiting list. Renewals of existing permits take priority over new applications.

(F) No person or entity shall advertise, rent, or operate a short-term rental in the city unless a STR permit has been issued by the city pursuant to this chapter for the subject dwelling unit.

(Ord. 4836, passed 10-14-24)

(A) Visitors who are not registered with the host to stay on the property are prohibited.

(B) The maximum occupancy of a STR shall be two guests per bedroom.

(C) Commercial events, parties, or group gatherings, including weddings, banquets, and corporate events, are prohibited.

(D) No host shall offer and no short-term renter shall engage in a STR use in any part of the property not approved for residential occupancy, including but not limited to, a vehicle, boat or RV parked on the property, a storage shed, garage, or any temporary structure including, but not limited to a tent.

(E) Use of all outdoor pools, spas and hot tubs shall be prohibited between quiet hours.

(F) During the period of the STR, the host or the local contact person shall be available 24 hours and be able to respond within 30 minutes if the city receives a complaint regarding property nuisance concerns, noise complaints, nuisances, or suspicious activity.

(G) No person shall advertise, undertake, maintain, authorize, book, or facilitate any renting of a dwelling unit to transient guests in a manner that does not comply with this chapter.

(H) No signs shall be posted on the dwelling's exterior advertising STR use.

(I) Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the guests (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:

(1) The maximum number of occupants permitted in the unit;

(2) Parking capacity, location of parking spaces, and parking rules, if any;

(3) Trash and recycling pickup information;

(4) The name of the local contact person and a telephone number at which that person may be reached on a 24 hour basis;

(5) Emergency contact information for summoning police, fire, or emergency medical services; and

(6) Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations trash and refuse shall be stored properly and out of public view.

(J) No radio receiver, musical instrument, phonograph, loudspeaker, karaoke machine, sound amplifier, or any device or equipment that produces any sound shall be used outside on the premises of the STR, or inside the premises of the STR and audible beyond the property line of the STR during the quiet hours.

(K) Parking for STR use shall be provided on-site and shall comply with Alhambra Municipal Code Chapter 9.95 (Vehicular Parking).

(L) The STR shall at all times maintain the premises free of litter and shall comply with all provisions of Alhambra Municipal Code Chapter 6.20 (Litter).

(M) The STR shall comply with all provisions of the Alhambra Municipal Code including § 6.26.030 (Prohibited Public Nuisance Conditions).

(N) The STR shall comply with all provisions of the Alhambra Municipal Code, including Chapter 18.02 (Noise and Vibrations Control Regulations).

(Ord. 4836, passed 10-14-24)

(A) It is unlawful and a violation of this chapter for any person or entity owning, renting, leasing, occupying or having charge, control or possession of any real property within the City of Alhambra to cause, permit, maintain or allow any violation of this chapter to exist thereon. Any person who violates any provision of this chapter is guilty of a misdemeanor. Such violation is punishable as set forth in § 1.12.020 of this code. Each day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.

(B) Alternatively, this chapter may be enforced through the issuance of an administrative citation in accordance with Chapter 1.13 of this code (including the provisions governing appeals), except that the fine for each separate violation pursuant to Cal. Gov’t Code § 36900(d)(1) shall be as follows: (1) An administrative fine in an amount not to exceed $1,500 for the first citation; (2) an administrative fine in an amount not to exceed $3,000 for a second citation issued for the same offense within a 12-month period of the date of the first offense; and (3) an administrative fine in an amount not to exceed $5,000 for a third and any subsequent citation issued for any offense within a 12-month period of the date of the first offense. Each day such a violation exists shall constitute a separate and distinct violation of this chapter.

(C) Notwithstanding the fine amounts stated above, operating a short-term rental without a valid permit shall be subject to an administrative fine in the amount not to exceed $5,000 for each citation.

(D) Three violations of this chapter against the property within a 12-month period shall result in an automatic revocation of the permit. (For purposes of this section, a violation is established where an administrative citation has been issued and either not appealed, or appealed unsuccessfully, or a misdemeanor conviction has been obtained.) The revocation may be appealed to the Planning Commission; provided that the appeal is filed within ten days of the date of a written notice of the revocation from the city. The decision of the Planning Commission will be final. Any unsuccessful revocation appeal or failure to appeal will result in the host being permanently ineligible for future consideration of a STR permit on the property that was the subject of the revocation.

(Ord. 4836, passed 10-14-24)