Sec. 44-112. - Short-term rentals.

The purpose of this section is to establish zoning regulation governing short-term rentals. The standards below are applicable to issuance of short-term rental special business permit. The establishment and conduct of short-term rentals authorized by this Code shall comply with the following requirements:

(1)

Occupancy standards and parking requirements.

a.

Compliance with other codes and laws. At the time of issuance of a short-term rental special business permit and thereafter, the short-term rental shall be in compliance with the California Fire Code, California Building Code, International Property Maintenance Code, the National Fire Protection Association Standards or regulations, City's Transient Occupancy Tax requirements, and any other applicable laws and codes.

b.

Occupancy limits. The maximum occupancy allowed in a short-term rental shall not exceed two short-term renters per bedroom and shall not exceed ten total short-term renters, including children over the age of three. The owner shall not allow the short-term rental to be used for any gathering that exceeds the maximum number of short-term renters and allowable daytime guests, or if the minimum parking requirements specified in subsection (1)d cannot be met.

c.

Daytime guests. In addition to the maximum number of short-term renters allowed pursuant to subsection (1)b, daytime guests shall be allowed to visit the property at any time between the daytime guest hours of 8:00 a.m. to 9:00 p.m. The maximum number of daytime guests shall be equal to one-half of the maximum number of short-term renters allowed at the short-term rental (e.g. if the maximum number of short-term renters is ten, then five daytime guests are allowed for a total occupancy to not exceed 15 people during daytime guest hours).

d.

Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to subsection (1)b, the maximum occupancy of a short-term rental shall not exceed the occupancy supported by the minimum parking spaces as required below:

1.

Each short-term rental shall provide one off-street parking space per bedroom.

2.

Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.

3.

If a garage or driveway is used to meet the off-street parking requirement, the garage or driveway must be available to the short-term renter for that purpose.

4.

Parking shall not be located in a required front or street side setback except when located on a driveway.

Parking shall not encroach into the public right-of-way.

(2)

Transient occupancy tax. Except as provided in subsection b below, the owner or hosting platform is responsible for collecting and remitting transient occupancy tax [to] the City and shall comply with all provisions of sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code concerning transient occupancy taxes.

a.

Beginning October 31, 2022, short-term rental special business permittees that elect to utilize hosting platforms as being responsible for collecting all applicable transient occupancy taxes and remitting the same to the City shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code.

b.

Short-term rental special business permittees 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.

c.

Short-term rental special business permittees making two or more late submittals in a 12-month period shall not have their permit renewed upon expiration.

(3)

Operational standards. Each owner, agent, hosting platform, and short-term renter or guest of a short-term rental shall comply with all operational requirements and standard conditions established by this section.

a.

Noise limits. Short-term renters and daytime guests shall comply with all requirements of the City's noise ordinance section 44-267, noise, of this Code, with the following exception and addition:

1.

Quiet hours shall be enforced from 9:00 p.m. to 8:00 a.m. at a short-term rental.

2.

Outdoor amplified sound shall not be allowed at any time associated with a short-term rental.

b.

Hosting platform responsibilities. Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each short-term 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.

1.

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.

2.

A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning October 31, 2022, in accordance with subsection (2) above.

3.

A hosting platform shall require all hosts to include a valid short-term rental special business permit number in a designated field dedicated to the short-term rental special business permit number no later than October 31, 2022.

(4)

Life, safety requirements.

a.

Each short-term rental shall be equipped with landline telephone service or VoIP line with battery backup for the handset if a landline isn't available. The landline or VoIP shall be registered to receive Alert OC.

b.

All video surveillance, or any mechanism that can be used to capture or transmit audio, video, or still images on site, shall be disclosed to short-term renters.

c.

Recreational fires, firepits, outdoor fireplaces, barbeques/grills, and other similar items are permitted with the following restrictions:

1.

Portable firepits and outdoor fireplaces shall not be located on combustible vegetation including but not limited to grass, bark, and combustible mulches. Recreational fires, firepits and outdoor fireplaces, whether fixed or portable, shall be fueled by natural gas propane only.

2.

Wood fueled or other combustible solid fuel burning are not permitted.

(5)

Events. Events including but not limited to weddings, receptions, and corporate events are prohibited.

(6)

Advertising and listing requirements. Advertising may only be conducted for short-term rentals operating under a valid short-term rental special business permit. All advertisements, flyers, internet listings, or other methods of offering the short-term rental shall include the following:

a.

Maximum short-term renters.

b.

Maximum daytime guests.

c.

Number of dedicated off-street and on-street parking spaces available for use by short-term renters.

d.

Notification that quiet hours must be observed between 9:00 p.m. and 8:00 a.m.

e.

Notification that no outdoor amplified sound is allowed.

f.

The short-term rental special business permit number for the property.

g.

Any person who advertises a short-term rental property with false occupancy information, or without including a valid permit number for the property in the advertisement shall pay a fine pursuant to section 2- 351, and the owner's permit may be revoked.

(7)

Posting and neighbor notification of permit and standards.

a.

A copy of this section and the short-term rental special business permit listing all applicable standards and limits shall be posted within the short-term rental. The owner shall post these standards and limits in a prominent place within six feet of the front door of the short-term rental and shall include them as part of all rental agreements.

b.

Upon short-term rental special business permit approval, the City will provide mailed notice of permit issuance, local contact information for the short-term rental (as identified in the short-term rental special

business permit application), and certain short-term rental regulations to property owners located within 300 feet of the short-term rental.

(8)

Accessibility. The short-term rental shall be made available by the owner, agent, or local contact for inspection by code enforcement, building, police, or fire personnel by request at any time.

(9)

Enforcement. This section contains the enforcement process as set forth below. A violation of any of the requirements of this section, or any other chapter of this Code, or any local, State, or federal laws shall subject the short-term rental owner to enforcement action against the short-term rental special business permit, up to and including revocation. Police reports, fire department incident reports, online searches, citations, or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation.

a.

Initial complaint procedure. Initial short-term rental complaints shall be directed to the local contact as identified in the short-term rental special business permit application. The local contact shall be available by phone 24 hours per day, seven days per week, during all times when the property is rented. Should a problem arise and be reported to the local contact, the local contact shall be responsible for contacting the short-term renter to correct the problem within 30 minutes, including visiting the site, if necessary, to ensure that the issue has been corrected within 45 minutes. It is not intended that the local contact place themselves in an at-risk situation to comply with this requirement.

b.

Owners and agents must accept all city short-term 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 USPS and email delivery. It is the responsibility of the owner and agent to ensure that the USPS address and the email address provided on the short-term rental special business permit application is active and monitored regularly.

c.

The failure of an owner or the owner's agent to comply with an order of any City Police Officer shall result in the revocation of the license.

d.

Penalties. Violations of any provisions of this chapter, or any other chapter of this Code, are hereby an infraction and shall result in the assessment of enforcement penalties to the short-term rental owner in the amounts listed in table II-4.8. A short-term rental special business permit that has been revoked for any reason may not be reapplied for within 12 months of the date of revocation.

TABLE II-4.8 SHORT-TERM RENTAL ENFORCEMENT PENALTIES

• The city at its discretion may initiate revocation of a permit after the first violation.

Each infraction for a violation of any provision of this section may be levied or assessed against one or more of: the owner, the owner's agent, a hosting platform, and the responsible party. Each day that a violation occurs is a separate violation, for which the City may issue a separate administrative citation and fine.

e.

Operating without a permit. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this section 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 Code or address any violation of this Code or to remedy any other public nuisance.

(10)

Operating without a short-term rental special business permit. The City may issue an administrative citation to any person who operates a short-term rental property without a permit. The administrative fine for the first citation shall be in the amount of $5,000.00. Any person operating an unpermitted short-term rental property, after being notified by the City, shall be permanently ineligible to operate a short-term rental property in the City, and any property that is operated as a vacation property without the required permit shall be ineligible for short-term rental property permit for a period of one year from the most recent citation issued for operating without a permit. If the person continues to operate a short-term rental property without a permit, the City may issue an additional administrative citation, with an administrative fine in the amount of $10,000.00 and then again at $15,000.00. A person operating an unpermitted short-term rental

property is liable to the City for the payment of transient occupancy tax in accordance with the provisions of sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code, including without limitation penalties and interest.

(Ord. No. 2022-06, § 8, 8-2-2022)

Secs. 44-113—44-135. - Reserved. DIVISION 4. - NONRESIDENTIAL ZONING DISTRICTS