King City Municipal Code Ch. 7.67 Short-Term Rentals

The purpose of this chapter is to provide the legal framework for the use of residential property as a short-term rental, being rented for a period of less than thirty days.

(Ord. 821 § 3, 2023)

“Accessory dwelling unit”

means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. An accessory dwelling unit includes: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1(2); and a manufactured home, as defined in Health and Safety Code Section 18007. This definition shall be interpreted to be consistent with the definition for “accessory dwelling unit” in Government Code Section 65852.2.

“Bedroom”

means a room within an existing residence that contains a minimum of seventy square feet and that meets all requirements of the California Residential Code per the California Building Standards Code, Title 24, Part 2.5 including all life safety provisions (smoke alarms, compliant method of egress, etc.).

“Local contact person”

means a person available by telephone on a twenty-four-hour basis for short-term rental management. This person shall be able to be physically on site of the short-term rental within thirty minutes, and have full access to the rental location as well as the authority to manage the rental, including the ability to address physical conditions or circumstances that constitute an immediate threat to public health and safety. A property owner, agent or professional property management company that meets the availability and response requirements may serve as the local contact person.

“Short-term rental”

means transient occupancy of and/or rental of an existing single-family residence for short-term lodging for a period of time less than thirty consecutive days as may be advertised or offered by a property owner, or by residential management service, or on a property management website.

“Transient occupancy tax” or “TOT”

means a tax imposed for any short-term rental or lodging as defined by Chapter 3.12 of Title 3 of the King City Municipal Code.

(Ord. 821 § 3, 2023)

(a) Short-Term Rental Permit Requirement. It is unlawful for any person to advertise, offer, maintain, operate, or use a property as a short-term rental in King City without possession of a lawfully issued short-term rental permit, as specified herein.

(b) Permitted Locations.

(1) Short-term rentals are only authorized to be permitted within the following zones: Single Family Residential District (R-1), Medium Density Residential District (R-2), Medium Density Residential-Neighborhood (R-2/N), Medium High Density Residential District (R-3), Medium High Density Residential-Neighborhood (R-3/N), Multiple Family Residential and Professional Offices District (R-4), Multiple Family Residential-Neighborhood (R-4/N), Agricultural District (A), and Neighborhood Commercial District (C-N).

(2) Short-term rentals may only be permitted on a legally created parcel.

(3) A short-term rental as a portion of a residential structure, such as a bedroom, is prohibited.

(4) Multiple short-term rentals within a single residential structure are prohibited.

(5) More than one short-term rental upon a legally created parcel is prohibited.

(6) Uses and structures prohibited as a short-term rental include: caretaker houses or quarters, guest houses, ADUs, junior ADUs, tiny houses, travel trailers, campers, motorhomes, fifth wheels, boats, tents, sheds, or like structure or unit.

(7) Qualifying properties must be owned by the record owner/applicant as of the effective date of the ordinance codified in this chapter. The record owner of any property that has changed ownership after the effective date of the ordinance codified in this chapter shall not be qualified to receive a short-term rental permit for a minimum period of two years following the recording date of transfer of ownership of the property in question.

(c) Exemptions. Uses that are exempt from a short-term rental short-term rental permit include the following:

(1) Hotel/motels, lodges, resorts, bed and breakfast operations, timeshares, or boarding or rooming houses of more than thirty days.

(2) Mobile home parks, organized camps, and/or special occupancy parks.

(3) Occupancy of public or permitted private campgrounds.

(4) Rental of a residential unit for period of at least thirty days within any city zoning district where residential use is permitted.

(d) Short-Term Rental Permit Process. An application for an short-term rental permit for a short-term rental shall be submitted to the community development department, on a form developed by the community development department. The application may be submitted by the property owner, or an agent duly authorized to represent the property owner. The application shall contain the following information:

(1) Applicant Information. The property owner or agent name and contact information, assessor’s parcel number, physical and/or mailing address, and phone number for the short-term rental shall be listed on the application. Evidence confirming that the record owner of the property has owned the property as of the effective date of the ordinance codified in this section, or a minimum of two years has passed since the record owner obtained title to the property, shall be provided.

(2) Local Contact Person/Management Representative. The name(s), address, phone numbers, email address, and any other contact information for the local contact person, and any other property management representative, shall be provided with the permit application.

(3) Rental Unit Type. If more than one residence is located on the property, the application shall specify the residential unit which is the subject of the application for an short-term rental permit for a short-term rental. Multiple short-term rentals shall be prohibited on any single, legal parcel.

(4) Maximum Occupancy. The maximum occupancy allowed in any short-term rental as defined herein shall be based on the analysis of the number of the compliant bedrooms within the proposed short-term rental, and in no case shall exceed ten persons (California Code of Regulations Title 24, Part 2, Section 310.4). “Occupancy,” for purposes of determining “maximum occupancy,” is defined as two people per bedroom, and occupants shall include any children.

(5) Transient Occupancy Tax (TOT). The applicant shall provide a valid TOT certificate/letter confirming that the short-term rental unit is currently registered for participation in the TOT collection process.

(6) Business License. The applicant shall also provide evidence that a business license for the operation of the short-term rental, as required by Chapter 5.24 of Title 5 of the Municipal Code, has been obtained, and that the business license fee has been duly submitted.

(7) On-Site Parking. The application for short-term rental permit shall contain a parking plan for the short-term rental property. The parking of vehicles and/or trailers shall be restricted to off-street locations on the property containing the short-term rental. The number of parking spaces required shall be calculated on the basis of the maximum occupancy on the property.

(8) Site Plan. A site plan of the property shall be submitted as part of the application and contain the following information if applicable: property boundaries, generators, propane tanks, driveway, structures, waste receptacles, off-street parking areas, fire devices, hose bibs, patio areas, decks, exterior lights, and any other like facilities.

(9) Interior Floor Plans. An interior floor plan of the short-term rental unit showing all accessible spaces such as bedrooms, bathrooms, kitchen, laundry room, dining rooms, family rooms, and living rooms. The plan shall also show any appliances, entrances and exits, fire extinguishers, smoke/carbon monoxide alarms, and other interior space uses.

(10) Waste/Trash Removal. The method of waste collection and disposal shall be identified on the application, and the location of waste cans shall be conveniently located for occupant use and not located within any front yard area.

(11) Fire Extinguishers/Smoke Alarms. On-site fire extinguishers (charged and certified), smoke and carbon monoxide alarms, and exterior hoses shall be identified on the site plan and interior floor plan as required herein.

(e) Issuance of Administrative Permit.

(1) Issuance. The short-term rental permit shall be issued administratively by the department if the proposed short-term rental conforms to this chapter.

(2) Permit Term and Renewal. A short-term rental permit shall be limited to a three-year term, unless revoked, suspended or terminated by the city. Property owners may seek a renewal of an short-term rental permit for additional terms of three years each, but a new application shall be submitted with the appropriate fee. Any renewed short-term rental permit may include new or amended conditions of approval.

(3) Permit Authorization. The short-term rental permit authorizes the property owner to conduct only such uses as described in the permit and in accordance with the terms and conditions of the permit and this chapter. Any short-term rental permit issued under this policy is not transferable.

(4) Amendments. Transfers of property ownership, a change of the local contact person, or any other change in the short-term rental, shall require notification in writing to the city community development department. Should a property containing a short-term rental be transferred/sold during the term of an short-term rental permit, the permit shall be void upon effective date of transfer of ownership. Property that transfers ownership subsequent to the effective date of the ordinance codified in this section shall not qualify for an short-term rental permit for two years following the effective date of the property transfer.

(5) Renewals. An short-term rental permit for the short-term rental may be renewed for additional terms of three years. The renewal application must be submitted prior to the expiration of the current short-term rental permit. The renewal application must contain any updated application information.

(6) Fee. The city shall collect a reasonable fee, as set by resolution, for the recovery of costs associated with application review, permit issuance, and permit monitoring of the short-term rental permit.

(f) Property Inspection. Short-term rentals shall be inspected by city staff as part of the initial application for, or the renewal of, the short-term rental permit by city community development department to ensure compliance with this chapter. Refusal to allow an on-site inspection shall be deemed an abandonment of the application or grounds for revocation of the short-term rental permit.

(g) Standards of Operation. All short-term rentals authorized by an short-term rental permit are required to comply with the following standards:

(1) Responsibility of Property Owner. It is the responsibility of the property owner, and the management company or local contact person responsible for the short-term rental, to assure compliance with this chapter.

(2) Local Contact Person. The owner of the property containing the short-term rental shall appoint/hire a local contact person, or a property management company, who shall meet the requirements of a local contact person under this chapter. The name and all contact information of the local contact person shall be provided to the occupants, clearly posted within the residence.

(3) Emergency Communications. A working, landline telephone is required to be installed and operational within the short-term rental.

(4) Noise/Outdoor Activities. Between 10:00 p.m. to 8:00 a.m., daily, any noise originating from outside locations or from inside the short-term rental unit that can be easily detected from adjoining properties is prohibited. This requirement shall be posted inside the short-term rental in a readily visible location.

(5) Pets and/or Animals. Traditional domestic pets (dogs and cats), if allowed by the property owner, shall be under control at all times, and are not allowed to run free on the rental property unless the property is secured by an enclosure. No other animals shall be permitted within short-term rentals.

(6) Exterior Lighting. Exterior lighting is required for all entrances and exits located in the short-term rental. Any other exterior lighting shall not have glare or illumination directed toward adjacent properties.

(7) Parking. A parking plan showing all parking locations shall be provided for the property containing the short-term rental and sufficient parking spaces shall be provided for the “maximum occupancy” for the short-term rental.

(8) Address Posted. The short-term rental shall have the address of the property posted in a position visible from the street fronting the property.

(9) Rental Rules/Emergency Contacts/Visitor Information. The short-term rental shall have a binder available to the occupants that is readily accessible and complete with visitor information, maps of the area, emergency contact numbers, name and contact information for the “local contact person” or property manager, listing of available services, contact information for utilities, emergency service organizations, law enforcement information, and other pertinent information required for the guest(s) renting the home.

(10) Fire Extinguishers, Smoke Alarms, and Carbon Monoxide Detectors. All short-term rentals shall have at least two five-pound fire extinguishers in the interior of the rental. Carbon monoxide and smoke detectors in good working order shall be located within any short-term rental as required by the California Building Code.

(11) Water Supply. Short-term rentals not served by regulated public or private water systems shall have the water supply tested by the owner and cleared, according to standards of the county environmental health department.

(12) Exterior Water Source. Short-term rentals shall have operable exterior hoses of no less than one hundred feet in length connected to at least two exterior hose bibs. These hoses shall be equipped with nozzles that are designed for on-off operation.

(13) Solid Waste Disposal. All solid waste and refuse generated during the rental of the property shall be properly disposed of in compliance with the city municipal code, and trash shall be properly disposed of after each rental is conducted.

(14) Sewage Disposal. Guests shall be provided information from the owner on how to properly dispose of waste. Guests should be informed if waste disposal is not connected to a utility sewer system, and if so how the septic system functions.

(h) Prohibitions and Restrictions. The following are prohibited uses on properties containing short-term rentals:

(1) Incidental Camping. No incidental overnight camping shall be permitted on the exterior grounds of a property containing a short-term rental, including, but not limited to, the occupancy of tents, recreational vehicles, campers, travel trailers, motorhomes, camp trailers, or any like use.

(2) Special Events. Receptions, weddings, retreats, and any other similar events are prohibited on the property containing a short-term rental.

(3) Subletting. Guests and occupants of a short-term rental shall not sublease the occupancy and use of a short-term rental, or otherwise bypass the requirement for an short-term rental permit.

(i) Violations.

(1) Any person who violates the provisions of this chapter may be deemed guilty of an infraction under Chapter 1.04 of the municipal code.

(2) Correction of any noted violation of this chapter shall be corrected within a reasonable time as specified by the city community development department.

(3) In addition to any other remedy for the violations of this chapter, the community development director or designee may suspend or revoke a short-term rental short-term rental permit. Failure of the property owner to timely correct any noted deficiencies or noted violations shall be a basis for suspension or revocation of any issued short-term rental short-term rental permit.

(j) No Property Rights Conferred. Short-term rental short-term rental permits do not provide a vested interest or entitlement in the continued operation of a short-term rental upon a change of property ownership. Short-term rental permits are revocable permits and shall not run with the land. The continued operation of a short-term rental upon change of ownership will result in a violation of this chapter.

(k) Appeals. The appeal of a denial of, or revocation of, an short-term rental permit for a short-term rental, shall be governed by the provisions of Sections 7.51.608 through 7.51.610 of Chapter 7.51 of Title 7 of the King City Municipal Code. Such appeals may only be made by an affected property owner or an authorized agent.

(Ord. 821 § 3, 2023)