Big Bear Lake Municipal Code Ch. 4.01 Vacation Rentals

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2023-518, § 3, adopted December 19, 2023, repealed Ch. 4.01, §§ 4.01.010—4.01.110, and enacted a new Ch. 4.01 as set out herein and later amended. Former Ch. 4.01 pertained to similar subject matter and derived from Ord. No. 2021-488, adopted January 11, 2021; and Ord. No. 2021-495, adopted August 16, 2021.

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 seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.

(Ord. No. 2023-518, § 3, 12-19-2023)

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 purposes that meets the definition of the applicable California Building, Housing and related codes currently adopted by the city.

"Check in" or "registration" means the registration of a guest for a vacation-rental property with an owner or agent, or through a virtual registration procedure between the guest and the owner or agent that, at minimum:

1. Verifies the identities of all responsible parties;

2. Requires the responsible party(ies) to sign the Good Neighbor Policy; and

3. Requires the responsible party(ies) to execute the rental contract.

An owner or agent that performs check-in shall be certified by the city to do so as provided by administrative policy.

"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 where any compensation or fees are paid for or related to such occupancy, whether or not occupancy is evidenced in an agreement or document. A contract is not required for home-sharing, as defined herein.

"Dwelling unit" shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by a family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.

"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 dwelling unit, for compensation, for a term of twenty-eight (28) or fewer consecutive days while the owner of the unit lives on-site and in the home, throughout the visitor's stay.

"Hosting platform" or "hosting site" 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 or entity, who holds record fee title to the vacation rental property, except that "owner" does not include the holder of a leasehold interest in the vacation rental property.

"Responsible party" means the lessee of a vacation-rental property.

"Vacation rental" or "vacation-rental property" means a residential dwelling unit, or any portion thereof, that is leased for a term of twenty-eight (28) or fewer consecutive days. "Vacation rental" or "vacation-rental property" includes properties where a home-sharing takes place unless expressly indicated otherwise.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. A current, valid and active 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. Each vacation-rental property on a site requires a license.

B. The license shall be conspicuously posted inside of the vacation-rental property and the license number shall be included on all advertisements or solicitations for the vacation-rental property, including, but not limited to hosting sites, websites, social media postings, emails, and print ads.

C. Upon sale or change of vacation-rental 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 property tax reassessment constitutes a change of ownership for the purposes of this provision and results in the expiration of the license. Notwithstanding the above, a change of vacation-rental ownership between family members or among spouses, including as a result of death or divorce or transfer to a personal or family trust, shall not result in expiration of a license. "Family members" shall mean spouses, as well as biological, step or adopted children, parents, step parents or in-law parents, brothers/sisters, grandparents, grandchildren , uncles, aunts, nephews or nieces of the owner.

D. A transferring owner shall notify the city in writing of any change in vacation-rental ownership, including a change of vacation-rental ownership between family members, a personal or family trust or among spouses, not later than fifteen (15) business days after the change in ownership.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. All vacation-rental licenses issued by the city shall have a term of no more than one year. An owner shall apply to the city for a new license or for the annual renewal of a license for each vacation-rental property and pay a fee established by resolution of the city council. The fee shall be non-refundable. 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. If an owner submits a renewal application with the city prior to the license's expiration date, the license shall remain valid until the city renders a decision on the license renewal. Any renewal of a license shall have a term of one year following the date of expiration of the prior license.

1. At the time of applying for a new license or for renewal of an existing license, all business entities and personal 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 the business entity, personal business or personal or family trust that owns the vacation rental, and the address of each vacation rental owned by each such business entity, personal business or trust. The city shall, to the maximum extent permitted by law, maintain the confidentiality of such information. Unless otherwise required by law, the city shall not disclose any of this information in response to a public records request.

2. When reviewing applications for new licenses and prior to issuing a new license, the city shall utilize the information provided under subsection A1 to ensure that no natural person has any legal, equitable, or beneficial interest in more licenses than permitted in subsection B.

3. If an owner seeking renewal of a license fails to provide all required application information to the city within sixty (60) days following written demand by the city, the application for renewal shall be closed out, no license renewal shall be issued, and the owner shall be required to submit a new application and fee to the city to seek a new license.

B. An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed.

C. As a courtesy each year, the city will provide a notice to the owner or their agent by standard and/or electronic mail at least sixty (60) days prior to an existing license's expiration that the owner or their agent must apply to the city to renew a license. The city may adopt an administrative policy to specify the notice procedures and to allow an owner to opt out of some or all of these notices. Notwithstanding the above, failure of an owner or agent to receive a notice shall not relieve the owner of the obligation to apply for a license renewal nor shall it operate to extend the term of any license beyond its expiration date.

D. The city shall not renew any licenses for any vacation-rental property units with unpaid city taxes or fines outstanding that the owner is responsible for, if all administrative appeals have been exhausted, unless the owner has entered into an agreement with the city for payment of said taxes or fines that allows renewal of a license.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. Except as provided in subsection 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.

B. Beginning January 1, 2022, 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.

C. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

D. Licensees making two or more late submittals in a twelve-month period shall not have their license renewed upon expiration.

E. Owners shall provide all transient occupancy tax/tourism business improvement district assessment related documents to the city within five business days of the city's written request, as more particularly set forth in Section 4.01.080. If any documents are not in the possession of an owner but are in the possession of an agent, the owner shall promptly request said documents from the agent within three business days of the city's written request and the documents shall be provided to the city within five business days thereafter.

F. Timely payment of applicable transient occupancy taxes/tourism business improvement district assessments for a vacation-rental property shall not excuse an owner's noncompliance with any other provisions of this chapter and the city may impose fines or take other action as set forth in this chapter to address said noncompliance.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. The owner and owner's agent shall ensure that the vacation rental property complies with all applicable codes regarding fire, building and safety, zoning, lighting, and all other laws and regulations.

B. All responsible party and guest check-ins must be performed in person by the owner or the owner's agent, or by confirmation of arrival through a virtual registration procedure between the guest and the owner or agent. The responsible party must sign a copy of the city's Good Neighbor Policy prior to or during check-in. If using virtual registration, the owner or their agent shall secure the signature of the responsible party staying at the vacation-rental property prior to occupancy. The owner shall retain a copy of each signed Good Neighbor Policy for a period of one year from the date of 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 Good Neighbor Policy at check-in.

C. 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 eighteen (18) years of age; but the total number of persons, including persons under eighteen (18) years of age, may not exceed one person per two hundred (200) square feet of living space or sixteen (16) persons, whichever is less.

D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager 's designee at least fourteen (14) business days in advance. City approval is discretionary and may be subject to reasonable conditions.

E. 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. 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. Off-street parking at a vacation-rental property shall always be limited to the limit stated in the license, provided however that the number of vehicles parked at the vacation-rental property shall not exceed the number of legal parking spaces on the vacation-rental property. For purposes of this subsection, "vehicles" shall include passenger cars, towing trailers and boats. Further, the owner or agent shall remove snow from required parking spaces and access drives to off-street parking spaces prior to and during occupancy of the vacation rental if snow accumulation exceeds two inches. If the city has not reduced the snow berm at the driveway prior to or during occupancy, the owner or agent shall reduce the berm to provide guest access to the required off-street parking spaces.

F. Upon the request of the city, the owner or the owner's agent shall respond in person at the vacation-rental property within thirty (30) minutes of dispatch of notice by the city to correct any violation of this chapter or any other provision of this Code. If the responsible patty or any guest at a vacation-rental property fails to follow the reasonable direction of the owner or owner's agent to comply with this ordinance or this Code, the owner or owner's agent shall notify the city and refer the matter to lawful authority. Any responsible patty and guests must comply with any lawful order of any fire, law enforcement, code enforcement or any other public safety officer, which may include vacating or removal from the vacation-rental property.

G. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any other 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.

H. Any activity, whether indoor or outdoor, on the vacation-rental property that disturbs the peace and the use of an outdoor spa by a responsible party and/or their vacation rental guests are prohibited between the hours of 10:00 p.m. and 7:00 a.m.

I. Each vacation-rental property shall be equipped with no more than a single informational sign not to exceed two square feet in area. Each sign shall be clearly visible from the street, include the city's code compliance hotline/reporting telephone number, the 24/7 agent contact telephone number, the maximum number of occupants, and the maximum number of vehicles permitted plus additional information required by administrative policy of the city.

J. Trash and refuse shall not be left stored within public view except in proper containers for the purpose of collection by the collectors. No container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection. The owner shall ensure compliance with all the provisions of Chapter 8.64 of this Code ("Solid Waste Management, Collection or Solid Waste and Recyclable Material, and Edible Food Recovery") or by such other means as may be approved by the city. Alternatively, trash and refuse may be disposed at "Clean Big Bear" sites as authorized by the city.

K. Incessant barking from dogs of a responsible party and/or their vacation rental guests heard beyond the property line is prohibited.

L. The owner shall include written notice to the responsible patty of the identified requirements of this section in all contracts and shall post a copy of the current license and the requirements of this section at the interior entrance or other prominent location within the vacation-rental property.

M. No person may enter into a vacation-rental contract with an owner or agent for occupancy of a vacation rental property unless that person is at least eighteen (18) years of age. No owner or agent may enter into a vacation-rental contract with any person for occupancy of a vacation rental property unless that person is at least eighteen ( 18) years of age.

(Ord. No. 2023-518, § 3, 12-19-2023)

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 such authority, 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. 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.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. 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 or audit to determine that the objectives and conditions of this chapter are being fulfilled. Any access to such records and documents including, but not limited to, bank statements, tax returns, and responsible person and lessee or guest names, email addresses and government-issued identification documents or information for inspection or audit shall be performed by the city on a confidential basis with any social security and bank account numbers and government-issued identification names and numbers redacted and shall not be copied and shall remain in the possession, custody or control of the owner during the inspection or audit by the city. The city shall, to the maximum extent permitted by law, maintain the confidentiality of the information contained in such records and documents, including, but not limited to, bank statements and tax returns, any responsible party and guest names, e-mail, home and business addresses and government-issued identification documents. Unless otherwise required by law, the city shall not disclose any of this information in response to a public records request.

B. Every applicant applying for a license or for renewal of an existing license shall provide the city access to any premises, property or dwelling unit which is the subject of the application, and, upon reasonable advance written notice to the owner and/or agent, 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 or renewed, the city shall, upon reasonable advance written notice to the owner and/or agent, be permitted access to the subject premises, property or dwelling unit in order to determine continued compliance with this chapter and/or any conditions of approvals set forth in the respective license.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. Subject to 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.

B. 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.

C. A hosting platform is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts, in accordance to this Code.

D. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license.

(Ord. No. 2023-518, § 3, 12-19-2023)

A. The city may issue an administrative citation to any person who either:

1. Operates a vacation-rental property without a current license; or

2. Advertises a vacation rental property with false license or occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement.

The administrative fine for the first citation shall be in the amount of one thousand five hundred dollars ($1,500.00). Any person violating this subsection shall be permanently ineligible to operate any vacation-rental property in the city, and any property that is operated as a vacation-rental property in violation of this subsection shall be ineligible to be issued a vacation-rental property license for a period of one year from the most recent citation issued for violating this subsection. If the person continues to operate a vacation-rental property in violation of this subsection within a twelve-month period from the first violation, the city may issue second administrative citation, with an administrative fine in the amount of two thousand five hundred dollars ($2,500.00). Any additional violations occurring within a twelve-month period from the first violation may be subject to additional citations of five thousand dollars ($5,000.00) each. Each violation constitutes a separate violation of this chapter. Any person operating an unlicensed vacation-rental property remains liable to the city for the payment of any applicable transient occupancy tax and tourism business improvement district assessments in accordance with the provisions of Chapter 3.20 of this Code, including without limitation penalties and interest.

B. For any violation of this chapter that is not subject to subsection A above, the city may impose an administrative fine for the first violation in the amount of five hundred dollars ($500.00). The city may impose an administrative fine for a second violation within a twelve-month period from the first violation in the amount of one thousand dollars ($1,000.00). The city may issue an administrative fine for third and subsequent violations within a twelve-month period from the first violation in the amount of one thousand five hundred dollars ($1,500.00) each. Upon the third violation in any twelve-month period of any provision of this chapter that is not subject to subsection A above, the license for that vacation-rental property may be suspended or revoked by the city.

C. Except as stated herein, each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner's agent, a hosting platform, and the responsible party. The city may initiate suspension or revocation of a license after one violation. Each violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the city may issue a separate administrative citation and fine.

D. The failure of an owner or the owner's agent to comply with lawful order of any fire, law enforcement, code enforcement or any other public safety officer may result in the revocation or suspension of the license.

E. The appeal and hearing provisions of Section 1.17.070 of this Code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the city manager, at his or her discretion, may place additional operating conditions on a vacation-rental property license.

F. 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.

G. 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.

FINE SCHEDULE

(Ord. No. 2023-518, § 3, 12-19-2023)

The city shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, notice and repairing requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, consistent with the provisions of this chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this chapter.

(Ord. No. 2023-518, § 3, 12-19-2023)

* Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than thirty (30) days.

** No property is eligible for a vacation rental license if the property has an ADU on it, regardless of zone.

(Ord. No. 2023-518, § 3, 12-19-2023; Ord. No. 2025-524, § 3, 12-10-2025)