Calaveras County Municipal Code Ch. 20.20 Lake Tulloch Short Term Vacation Rentals

The purpose of this chapter is to establish standards and permit procedures for the establishment and maintenance of short term vacation rentals. The standards and permit procedures in the chapter apply to short term vacation rentals in the Lake Tulloch area.

(Ord. No. 3022, § III, 4-23-2013)

"Lake Tulloch Area." For the purpose of this Title, Lake Tulloch Area includes subdivisions approved pursuant to the Subdivision Map Act that are contiguous to the shoreline of the Lake Tulloch Reservoir boundaries established by the Federal Energy Regulatory Commission (FERC) license and include private docks or homeowners association owned docks for the use of its residents.

"Local." A distance of sixty travel miles from the subject property.

"Occupancy." Occupancy means the maximum numbers of persons permitted to stay overnight in a short term vacation rental.

"Short term vacation rental." A dwelling unit, including either a single family detached or multi-family attached unit, leased or rented for less than thirty consecutive day terms. This definition includes a second dwelling unit on site. This definition does not include the ongoing month to month tenancy granted to the same renter for the unit. A short term vacation rental is distinguished from a bed and breakfast inn as defined by Title 17. A bed and breakfast is a business that accommodates guests of an inn and requires a conditional use permit. Whereas, in a short term vacation rental there is no onsite staff or inn keeper and an entire "unit" is rented to a client.

(Ord. No. 3022, § III, 4-23-2013)

A. When Required. A short term vacation rental is allowed, provided that an administrative use permit is first obtained and all of the standards and conditions contained in this chapter are fulfilled. An administrative use permit is subject to the provisions outlined in Title 17 and must include the fee in place at the time of application submittal.

B. Term. An administrative use permit shall have an initial term of no longer than one year from the date of issuance. Any subsequent renewal shall also have a term no longer than one year from the date of renewal.

C. Renewal. An administrative use permit may be renewed on an annual basis.

D. Exemptions.

1. Bed and breakfast inns.

2. Drifters Marina Townhomes (Lake Tulloch Place, APN 061-071-001 through 007).

E. Application. In addition to the standard submittal requirements, an administrative use permit application shall include a site plan, floor plan and a written statement indicating the maximum number of vehicles, watercraft vessels, and overnight occupants proposed for the short term vacation rental. The site plan shall include sufficient information to demonstrate how the proposed number of vehicles and watercraft vessels shall be accommodated on site. The floor plan shall include room sizes and dimensions for bedrooms, bathrooms, kitchen and living space to demonstrate how the proposed number of overnight occupants shall be accommodated within the unit.

F. Notification. The county shall notify all property owners within one thousand feet, at the most current address shown on the county property "tax roll" and homeowners association, if applicable, in writing that the specific unit is being proposed as a short term vacation rental. This notification shall clearly state the following information:

1. The name of the local managing agency, agent, property manager, or owner of the unit and a telephone number at which that party may be reached on a twenty-four-hour basis;

2. The maximum number of occupants allowed to stay overnight in the unit;

3. The maximum number of vehicles allowed to be parked on the property;

4. The maximum number of watercraft vessels allowed to be docked on the private residential dock;

5. Whether or not the unit has been approved to allow on-street parking;

6. The thirty calendar day public comment period prior to a planning director's decision on the project, and;

7. How and where to submit comments.

(Ord. No. 3022, § III, 4-23-2013)

A. Compliance with Fire, Building, and Health Codes. The short term vacation rental shall be in compliance with the California Fire Code, California Building Code, California Health and Safety Code, the National Fire Protection Association standards and/or regulations, and other relevant laws and codes.

B. Maximum Occupancy. The maximum occupancy of a short term vacation rental shall be no more than two persons per bedroom, plus two additional persons per property, excluding children under three years of age. In the event that the property includes bedrooms of an adequate size to accommodate more than two persons per bedroom and can safely accommodate additional parking, the maximum occupancy may be increased through the application process.

C. Noise. All short term vacation rentals shall comply with the noise standards set forth in Chapter 9.02, Noise Control.

D. Off-Street Parking. Parking shall be provided on site to meet the occupancy of each short term vacation rental at a ratio of one parking space for each bedroom, with a maximum of four parking spaces and in compliance with Chapter 17.70 of this code. Parking spaces may include garage(s), carport(s) and/or driveway spaces and may allow for tandem parking. If there is a conflict between any provision of this chapter and Chapter 17.70 regarding parking requirements, this Chapter shall be applicable to short term vacation rentals.

E. Signage. The address of the short term vacation rental shall be legible from the street and shall comply with the requirements of Section 17.68.020.E. of this code. There shall be no signs on the property, visible from the public right-of-way, advertising the short term rental use.

F. Private Residential Dock and Watercraft. The docking of personal watercraft vessels including but not limited to boats, jet skis, etc., will be limited based on the size of the private residential dock.

(Ord. No. 3022, § III, 4-23-2013)

The following requirements for short term vacation rentals shall constitute minimum requirements. The unit shall be brought into compliance with these requirements and any other applicable county codes and ordinances in order for the use to be allowed:

A. Contents of Rental Agreement. Information on the allowed occupancy and parking capacity for each unit and trash disposal requirements shall be stated in the rental information and agreement provided to prospective renters before their occupancy of the unit.

B. Posted Notice Within Unit. Each short term vacation rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:

1. The name of the local managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be reached on a twenty-four-hour basis.

2. The maximum number of occupants allowed to stay overnight in the unit.

3. The maximum number of vehicles allowed to be parked on the property.

4. The maximum number of watercraft allowed to be docked on a private residential dock.

5. Stated quiet hours.

6. Notification of the arrangements that the owner has made for proper trash and refuse disposal.

7. Notification that failure to conform to the parking and occupancy requirements of the short term vacation rental is a violation of the county Code.

8. Notification that failure to comply with the noise ordinance is a violation of the county Code; and

9. Whether or not the unit has been approved to allow on-street parking or other approved off-site parking.

C. Property Maintenance. Short term vacation rental units shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:

1. Permanent use of extension cords for appliances, heaters, lamps or other fixtures shall be prohibited.

2. Bedroom windows shall be operable to allow for emergency access.

3. Accumulation of trash and debris on the site or within the unit shall be prohibited.

4. Trash collection receptacles shall be animal-proofed and shall be secured in an upright position to prevent falling over on its side. Trash can lids shall be secured with self-contained locking handles, bungee cords or other suitable methods.

5. Trash shall be removed from the premises upon the expiration of the term of each lease or rental agreement. Trash storage on site shall not be allowed, unless commercial trash collection is provided.

6. The main entrance to the unit shall be illuminated when the unit is occupied, provided that the exterior lighting shall be designed and located in compliance with the site development standards for the zoning district in which the unit is located. An operational motion-activated light fixture may satisfy this requirement.

D. Call Response Availability. The owner or local managing agency, property manager, or agent shall be personally available by telephone on a twenty-four-hour basis to respond to calls regarding the condition or operation of the unit. Failure to respond to calls in a timely and appropriate manner may result in revocation of the administrative use permit. For purposes of this section, responding in a timely and appropriate manner means that an initial call shall be responded to within two hours of the time the initial call was made, and a corrective action plan shall commence within twenty-four hours of the initial call to address any violation of this chapter.

E. The property owner and/or managing agency are required to immediately notify the county with any changes to the local twenty-four-hour contact.

(Ord. No. 3022, § III, 4-23-2013)

Permits for a short term vacation rental may be denied upon findings that approving the permit would have an impact to the environment that cannot be mitigated or is contrary to the public health, safety, or welfare.

(Ord. No. 3022, § III, 4-23-2013)

An appeal of any decision made under this chapter shall comply with the procedures in Chapter 17.98 of this code.

(Ord. No. 3022, § III, 4-23-2013)

A. The first violation of any provision of this chapter is an infraction.

B. Any subsequent violation of this chapter by any person within twelve months from a conviction for violating any provision of this chapter or that forfeits bail in connection with a prior violation of this chapter is a misdemeanor.

C. All violations of this chapter constitute a public nuisance, which, in addition to or in lieu of any other remedies in this section, may be abated in any manner authorized by law, including remedies set forth in Chapter 8.06 of this code, including but not limited to, abatement or issuance of administrative citations.

(Ord. No. 3022, § III, 4-23-2013)

A. An administrative use permit for a short term vacation rental may be revoked by the planning commission for any of the following reasons:

1. The applicant, after receiving an administrative use permit, fails or refuses to inform the county of alterations to the property that would compromise the original permit approval (i.e. removal of required parking, conversion of space, etc.), has submitted false or misleading information as part of the application, fails to comply with the permit conditions, or fails to obtain or comply with any other required county, state or local permit;

2. After issuance of the permit, the county discovered that approving the short term vacation rental violated a county, state or local law or regulation, or the permit was otherwise issued in error.

B. All administrative use permits issued under this chapter shall include a condition of approval that failure to comply with any of the conditions of the permit or any of the requirements of this chapter shall result in revocation of the permit pursuant to Section 20.20.090 of this code.

(Ord. No. 3022, § III, 4-23-2013)

The provisions of this chapter shall not be deemed to supersede or repeal other existing laws which are designed to control public nuisances or disturbances.

(Ord. No. 3022, § III, 4-23-2013)

If any clause, provision, sentence or paragraph of this chapter or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions of this chapter which shall remain in effect, and to this end, it is hereby declared that the provisions of this chapter are severable.

(Ord. No. 3022, § III, 4-23-2013)

There is established a phased amortization period following the effective date of the adoption of this chapter, for any property rendered nonconforming by its provisions, wherein to attain full compliance with the provisions of this article according to the following schedule:

A. Within three months of the effective date, all property owners of nonconforming short term vacation rentals shall submit an application for an initial AUP to the planning department for processing. Section 20.20.040 Development Standards, Subsection B (maximum occupancy) and Subsection E (off-street parking) shall not be limited as part of the first year (twelve months from county approval of the initial AUP) for any nonconforming use. Upon renewal of the initial AUP, Subsection B (maximum occupancy) and Subsection E (off-street parking) shall be in full compliance with the provisions of this chapter.

B. Any application filed after three months of the effective date shall be in compliance with the provisions of this chapter.

C. A property owner may demonstrate a short term vacation rental qualifies for nonconforming status by providing evidence of legal contracts executed prior to the effective date of the ordinance that provide for short term rental of the property for dates that are after the ordinance comes into effect; or provide evidence that the property owner has paid TOT tax within one year of the date prior to the ordinance coming into effect.

(Ord. No. 3022, § III, 4-23-2013)