Calabasas Municipal Code Ch. 5.20 Prohibition on Advertising for Unlawful Short-Term, Transient, And…

The purpose of this chapter is to reduce the proliferation of the illegal land use of unlawful short-term, transient, and vacation rentals and the associated negative effects caused by this illegal land use on the city's residents, businesses, and visitors, including excessive traffic, reductions in available parking, unlawful conversions of residential property, unlawful conversions of existing affordable housing units into illegal short term vacation rentals, and inundation of the city's low-density, quiet residential neighborhoods with commercial visitors and activity that adds traffic, noise, and destroys their quiet, low-density residential character. The city intends this prohibition on advertisements for unlawful short-term, transient, and vacation rentals will apply to the extent of, but not beyond, the limit of the city's power, consistent with the First Amendment to the United States Constitution and Article I, Section 2 of the California Constitution, and any preemptive state or federal laws.

This advertising ban applies to advertisements for short-term, transient, and vacation rentals, which are prohibited under the following sections of the Code:

A. The Code provides that any short-term, transient, or vacation rentals of property or a portion thereof for less than thirty (30) days in exchange for any form of compensation is prohibited in all residential zones as this land use is not provided for in Section 17.11.010, Table 2-2, which lists all allowable land uses in residential zones. Under the principle of permissive zoning, any land use not expressly allowed or permitted via a determination of substantially similar use under Section 17.11.020 is prohibited. Section 17.11.020 provides for the city to approve a land use that is substantially similar to a listed land use, but only after finding that the land use is consistent with the general plan, meets the stated purpose and general intent of the zoning district in which the use is proposed to be located, would not adversely affect the city's public health, safety, and general welfare, and that the proposed use shares characteristics common with, and is not of a greater intensity, density or generate more environmental impact than, those listed in the zoning district in which it is to be located. Short-term, transient, or vacation rentals are not consistent with the general plan's designated land uses for residential zones. The sole exception is a lawfully approved bed and breakfast inn operated in full compliance with applicable federal, state, and local rules and regulations including all required permits from the city, which is a conditionally permitted use in the residential, rural and rural community zones as stated in Section 17.11.010, Table 2-2. A bed and breakfast inn is not permitted in any single-family or multi-family residential zone under Section 17.11.010, Table 2-2. A lawfully operated bed and breakfast inn must conform to the definition of bed and breakfast inn in Section 17.90.020, the parking requirements of Section 17.28.040, Table 3-11, which requires one (1) parking space for each guest room or suite or one (1) parking space for every two (2) beds, whichever is greater, and all other applicable rules and regulations.

B. The Code provides that any short-term, transient, or vacation rentals of property or a portion thereof for less than thirty (30) days in exchange for any form of compensation is prohibited in all commercial zones as this land use is not provided for in Section 17.11.010, Table 2-2, with the following exception:

1. Lawfully approved hotels and motels operated in full compliance with all applicable federal, state, and local rules and regulations including all required permits from the city, which are a conditionally permitted use in the commercial retail, commercial office, commercial mixed use, and commercial business park zones, as stated in Section 17.11.010, Table 2-2.

C. The Code provides that any short-term, transient, or vacation rentals of property or a portion thereof for less than thirty (30) days in exchange for any form of compensation is prohibited in all special purpose zoning districts as this land use is not provided for in Section 17.11.010, Table 2-2, with the following exception:

1. Lawfully approved bed and breakfast inns operated in full compliance with applicable federal, state, and local rules and regulations including all required permits from the city, which are a conditionally permitted use in the hillside/mountainous zones as stated in Section 17.11.010, Table 2-2. A lawfully operated bed and breakfast inn must conform to the definition of bed and breakfast inn in Section 17.90.020, the parking requirements of Section 17.28.040, Table 3-11, which require one (1) parking space for each guest room or suite or one (1) parking space for every two (2) beds, whichever is greater, and all other applicable rules and regulations.

(Ord. No. 2018-363, § 2, 3-14-2018)

For purposes of this chapter the following definitions apply:

"Advertisement" means any writing, picture, video, or other communication in fixed form shown, made available, published, or presented to the public in any medium or manner, whether in writing, in person, online, or otherwise via the internet, for the purpose of soliciting an unlawful short-term rental in the city, to help facilitate an unlawful short-term rental in the city, or to announce the availability of any property or portion thereof in the city for rental or occupancy for an unlawful short-term rental.

"Broker or property manager" means person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind who offers to rent or arranges for persons to rent an unlawful short-term rental or otherwise oversees and facilitates the operation of an unlawful short-term rental.

"Person" shall mean any person, individual, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind.

"Property owner" means any person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind with a beneficial ownership interest in a property.

"Tenant" means any person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind with a leasehold interest in a property.

"Unlawful short-term rental" means any rental or occupancy of any property or a portion thereof located in the city for any purpose, including but not limited to a vacation, for less than thirty (30) days if that rental or occupancy occurs in exchange for any form of compensation or consideration. Short-term rentals or occupancies that occur at lawfully approved hotels, motels, and bed and breakfast inns operated in full compliance with all applicable federal, state, and local rules and regulations including any and all required permits from the city are lawful.

(Ord. No. 2018-363, § 2, 3-14-2018)

A. All persons, including property owners, tenants, and broker or property managers, are prohibited from publishing, displaying, transmitting, sending, or posting anywhere, whether online or via the internet, in a newspaper, or in any other writing, any advertisement for an unlawful short-term rental of any property or a portion thereof located in the city. This prohibition includes causing or maintaining in any manner or medium the display, publication, transmittal or posting of an advertisement for an unlawful short-term rental by any person.

B. This prohibition does not apply to any advertisement for lawfully approved hotels, motels and bed and breakfast inns located in the city and operated in full compliance with all applicable federal, state, and local rules and regulations including any and all required permits from the city.

(Ord. No. 2018-363, § 2, 3-14-2018)

A. Any person, including property owners, tenants, and broker or property managers, whether as principal, agent, employee, officer, partner, manager, member, trustee, or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor as provided in Title 1, Chapter 16, Section 1.16.010 of this Code and, upon conviction thereof, shall be subject to the penalties provided therein. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, maintained, or permitted by such person and shall be punishable as provided in this section.

B. In addition to the remedies provided in subsection (A) of this section, the city shall have the power to enforce violations of any provision of this chapter by any lawful means permitted by this Code or by applicable law, including, but not limited to, by imposing administrative remedies under Chapter 17 of Title 1 of this Code and by seeking a civil injunction from a court of competent jurisdiction against any persons who maintain an advertisement in violation of any provision of this chapter.

(Ord. No. 2018-363, § 2, 3-14-2018)