Irvine Municipal Code Ch. 3-25 Short Term Rentals

The purpose of this chapter is to establish that short-term rentals are prohibited uses on any property within the City's residential zones, and within any other zoning district in the city, including all underlying or base zones, overlay zones and adopted specific plans, in which residential uses are a permitted or conditionally permitted use.

The amendments to Chapter 3 are express restatements of the existing prohibition on short-term rentals in the City.

(Ord. No. 18-05, Exh. A, 4-24-18)

The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

A. "Advertisement" means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a transaction. The provisions of Irvine Code of Ordinances Section 4-6-234, Evidence of doing business, shall also apply.

B. "Code Enforcement Official" shall mean the Manager of Neighborhood Services, Code Enforcement Supervisor, or their designee.

C. "Residential Zoning District" shall mean all zones within the City of Irvine that support or include residential uses, whether as a permitted use or conditionally permitted use.

D. "Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable title to the real property and/or dwelling unit, including any property owner, lessee or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct or cause correction after receiving notice from the City of the violation.

E. "Short-Term Rental" means a rental or other occupancy of a dwelling unit or part of a dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive calendar days or less.

F. Reserved.

G. "Hosting platform" means any person, corporation or entity of any kind who participates in the short-term rental business by advertising or collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting short-term rental activity in the City of any nature.

(Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 21-01, § 3, 1-26-21)

A. No responsible party shall operate or allow the operation of a short-term rental in any residential zoning district within the City.

B. No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of a short-term rental prohibited in any residential zoning district within the City for a period of less than 31 consecutive days including any advertisement for a daily or weekly rate.

(Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 19-11, Exh. A, 8-13-19)

Any use or condition caused, or permitted or allowed to exist, continue or remain in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure § 731 or through any other remedy provided for by law.

(Ord. No. 18-05, Exh. A, 4-24-18)

It shall be unlawful for any responsible party to violate any provision or to fail to comply with any of the requirements of this chapter. Such a violation may be prosecuted in the name of the people of the State, redressed by civil action, or resolved by administrative remedies. Any responsible party who violates or fails to comply with any provision of this Code or any City ordinance is guilty of an infraction or a misdemeanor if the circumstances so warrant.

(Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 22-12, § 3(Exh. A), 8-9-22)

The provisions of Title 4, Division 13, Chapter 1 will apply.

(Ord. No. 18-05, Exh. A, 4-24-18)

A. Hosting platforms shall not complete any booking transaction for short-term rentals in the City.

B. No later than 30 days after any person seeks to use a hosting platform to complete a short-term rental in the City, the hosting platform shall provide the Neighborhood Services Administrator in writing the names of and contact information for any person responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price quoted for each such stay.

C. Hosting platforms shall not collect or receive any compensation, whether monetary or non-monetary, either directly or indirectly through an agent or intermediary, for facilitating or providing any short-term rental in the City, including, but not limited to, any ancillary service related thereto such as insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the property or unit.

D. A hosting platform which operates in compliance with this section shall be presumed to be in compliance with the City's short-term rental regulations except that the hosting platform remains responsible for complying with an administrative subpoena issued by the City for the purpose of obtaining any information regarding short-term rental advertising or activity in the City.

E. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

(Ord. No. 21-01, § 4, 1-26-21)