Murrieta Municipal Code Ch. 5.27 Short-Term Vacation Rentals

A. The purpose of this chapter is to establish regulations for the use of privately owned single-family residential dwellings and condominiums as short-term vacation rentals to provide the framework for a permit system regulating these facilities; impose operational requirements to minimize the potential adverse secondary effects of such uses on surrounding neighborhoods, including, but not limited to, traffic, noise and density; prevent the increase and over concentration of transient uses in residential neighborhoods and zoning districts; impose reasonable limitations to ensure the long-term availability of housing stock in compliance with the housing element of the city’s general plan; ensure neighborhood compatibility and maintain harmony with surrounding uses; ensure the collection and payment of Transient Occupancy Taxes (TOT); to protect the health, safety and welfare of transient occupants and guests patronizing the short-term vacation rentals; and to continue protecting the health, safety and welfare of the city’s residents.

B. This chapter is not intended to regulate hotel(s) or motel(s), as those terms are defined in Section 16.44.090 (Hotels and Motels) and Section 16.110.020 (Definitions of Specialized Terms and Phrases) of this municipal code.

C. This chapter is not intended to regulate a bed and breakfast inn, as that term is defined in Section 16.110.020 (Definitions of Specialized Terms and Phrases) of this Municipal Code.

D. This chapter is not intended to regulate a rooming and boarding house(s), as that term is defined in Section 16.110.020 (Definitions of Specialized Terms and Phrases) of this municipal code.

E. This chapter is not intended to provide any owner of a single-family residential dwelling or condominium with the right or privilege to violate any Conditions, Covenants and Restrictions (CC&Rs) applicable to the owner’s single-family residential dwelling or condominium.

F. This Chapter is not intended to provide the owner of a single-family residential dwelling or a condominium with a vested right or privilege to use any such dwelling or the parcel upon which it is situated for short-term vacation rental purposes on an ongoing, permanent basis. (Ord. 561-20 Exhibit A, 2020)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Advertise, advertising or advertisement" means the publication of any statements, phrases, words, photographs, drawings or other images for the purpose of informing any member of the public about the ability or availability to use a single-family residential dwelling or condominium unit as a short-term vacation rental. For purposes of this definition, publication shall include, but shall not be limited to, verbal, written, printed, electronic, televised or broadcast set forth or contained in any newspaper, magazine, newsletter, website, solicitation, handbill, business card, flyer, outdoor advertising display, billboard, cable, satellite, digital radio, television broadcast, social networking site, technology-based platform (i.e. AirBnB, VRBO, etc.) or any other form of printed, electronic, broadcast, or digital media.

"Applicable laws, rules and regulations" means any federal, state and local laws, rules, and regulations.

"Applicant" means the owner of the short-term vacation rental. The owner’s signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant is the property owner in fact.

"Bedroom" means a private room furnished with a bed and intended primarily for sleeping. This includes the sleeping area within the primary livable area of a studio unit.

"City" means the City of Murrieta.

"City Manager" means the City Manager of the City of Murrieta, or his or her designee.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel, together with a separate interest in space in a residential dwelling unit.

"Designated local contact person" means the person designated by the owner or the owner’s authorized agent or representative in writing to be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding to complaints, as required by this chapter.

"Guest" means any person(s) invited by the transient occupant(s) to visit the short-term vacation rental during the designated rental period, as permitted by this chapter.

"Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, applicable provisions of this municipal code and other applicable laws, rules or regulations pertaining to the use, noise, refuse storage, location, occupancy, required on-site parking of short-term vacation rentals operating within the city.

"Hosted rental unit." A short-term vacation rental where bedroom(s), or a habitable detached structure (non-accessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) on the property of a primary residence is rented, while a property owner, or their designated permanent resident, who is at least twenty-one (21) years of age or older, remains on-site and resides on the property during the short-term vacation rental period (except during daytime and/or working hours).

"Non-hosted rental unit." A short-term vacation rental where bedroom(s), or a habitable detached structure (non-accessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) is rented without concurrently being occupied by the property owner.

"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental property.

"Owner’s authorized agent or representative" means a person designated by the owner in writing to ensure compliance with the requirements of this chapter with respect to the short-term vacation rental unit on the owner’s behalf.

"Property" means a residential legal lot of record on which a short-term vacation rental is located.

"Responsible person" means a transient occupant who is at least twenty-one (21) years of age or older who shall be legally responsible for ensuring that all transient occupants of the short- term vacation rental and their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental.

"Short-term vacation rental" means a privately owned single-family residential dwelling or condominium, as applicable, rented for a period of thirty (30) consecutive calendar days or less, for dwelling, lodging, or sleeping purposes, regardless of home-sharing and/or subletting arrangements. For the purposes of this chapter, non-monetary forms of compensation shall also qualify a property as a short-term vacation rental. This definition is inclusive of both hosted rental units and non-hosted rental units.

"Short-term vacation rental permit or permit" means a permit issued by the city that allows the owner of a single-family residential dwelling or condominium to use the owner’s privately owned single-family residential dwelling or condominium as a short-term vacation rental pursuant to and in compliance with the provisions of this chapter.

"Single-family residential dwelling" means a detached structure that is permitted as a dwelling unit, intended for use by a single family that is situated on a single lot or parcel zoned as residential. This shall also include a privately owned mobile or modular home, which is located on a space, lot or parcel owned by the same owner of the mobile or modular home.

"Transient occupant" means any person(s) permitted to exist as a renter of the single-family residential dwelling unit or condominium unit during the short-term vacation rental period. (Ord. 561-20 Exhibit A, 2020)

No person shall rent, offer to rent, or advertise for rent a single-family residential dwelling or condominium as a short-term vacation rental to any person without a valid short-term vacation rental permit issued by the city pursuant to and in the manner provided for by this chapter. (Ord. 561-20 Exhibit A, 2020)

A. Application. An application for a short-term vacation rental permit, or renewal thereof, shall be filed on a form provided by the city, and shall be signed and submitted to the city manager, under penalty of perjury, by the applicant. A permit application must include all of the following information, which shall be updated when there is any change to ensure that the city has current information on file at all times relating to the short-term vacation rental and its owner(s), owner’s authorized agent or representative, and designated local contact person, as applicable:

1. Legal name, address, and telephone number of the owner of the single family residential dwelling or condominium.

2. Legal name, address, and telephone number of the owner’s authorized agent or representative, if any.

3. Legal name, address, and twenty-four (24) hour availability via telephone number of the designated local contact person, if different from the owner.

4. The address of the single-family residential dwelling or condominium proposed to operate as a short-term vacation rental.

5. The number of bedrooms within the single-family residential dwelling or condominium, which shall prescribe the overnight and daytime occupancy limits of the proposed short-term vacation rental.

6. Signed statement acknowledging receipt and inspection of the good neighbor brochure, and agreeing to distribute the brochure in-person to all transient occupants of the short-term vacation rental.

7. Signed statement acknowledging that the owner is permitted to use the owner’s property as a short-term vacation rental, per applicable private governing documents, including, without limitation, CC&Rs that are valid and enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq.

8. Copy of any application and all other forms that renters of the short-term vacation rental will be required to complete.

9. Copy of the owner’s rules and regulations for the short-term vacation rental.

10. Copy of a city business license.

11. Signed statement by the owner acknowledging all of the following: (i) all of the information contained in the short-term vacation rental permit application is true and correct; (ii) all owner(s), the owner’s authorized agent or representative, and the designated local contact person, are familiar with the requirements of this chapter and all applicable requirements of Title 16 of this municipal code; (iii) all owner(s), the owner’s authorized agent or representative, and the designated local contact person, are responsible for ensuring compliance with this chapter and all applicable requirements of Title 16 of this municipal code; (iv) failure to comply with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 16 of this municipal code, may result in the suspension and/or revocation of a short-term vacation rental permit.

12. Evidence of liability insurance for the property in the amount of at least one million dollars ($1,000,000) to cover the short-term vacation rental operations, which insurance shall be maintained during the entire term of any permit issued by the city.

13. Such other information as the city manager deems reasonably necessary to administer this chapter.

14. The short-term vacation rental permit application, shall be accompanied by proof of payment tendered to the city for the requisite application fee established by resolution of the city council pursuant to Section 5.27.130 of this chapter.

B. Issuance. Upon receipt of a completed application, the city manager will review the application and supporting documents, and shall approve and issue a permit to the owner authorizing the use and occupancy of such property as a short-term vacation rental if the city manager finds that the required permit fee has been paid, and that the information provided conforms to the requirements of this chapter. A permit shall be valid for a period of one (1) year from the date of issuance.

C. Notice to neighbors. Within fourteen (14) days of permit issuance, the owner must provide a written mailed notice of the short-term vacation rental, on a form provided by the city, to all property owners within three hundred (300) feet of the short-term vacation rental. Such notice shall include the address of the short-term vacation rental, number of bedrooms available for rent, number of available on-site parking spaces, and contact information of the owner and the owner’s authorized agent or representative, and designated local contact person, as applicable.

D. Renewal. An annual renewal application shall be required for a short-term vacation rental permit, and shall be submitted to the city manager in accordance with this section. The annual renewal application shall be accompanied by proof of payment tendered to the city for the requisite application fee established by resolution of the city council pursuant to Section 5.27.130 of this chapter. Each renewal permit shall be valid for a period of one (1) year from the date of issuance.

E. Transfer. A permit issued by the city pursuant to this chapter for said location is personal to the owner who applies for and is issued a permit such that a permit shall not be transferred, sold or assigned to any other person or entity. This means that upon transfer of the ownership of the property, a permit shall automatically terminate and the new owner of the property must apply for a new permit. A new permit is not required for changes in title to the property resulting from marriage, death, transfers into a trust, or transfers into a corporate entity where an original owner under the existing permit remains an owner, trustee, or corporate manager under the new title. In such an event, notice of the change of title shall be provided to the city immediately upon such transfer.

(Ord. 582 § 3, 2022; Ord. 561-20 Exhibit A, 2020)

Permits shall be issued on a first-come, first-served basis. The maximum number of short-term vacation rental permits issued by the city shall be limited to not more than three hundred (300) permits. After the maximum number of permits has been issued by the city, any additional applications submitted to the city shall be placed on a waiting list in the order in which the applications were received. If a permit becomes available, applications will be reviewed by the city in the order listed on the waiting list.

(Ord. 561-20 Exhibit A, 2020)

No person shall operate a short-term vacation rental within the jurisdiction of the city unless all of the following requirements are met, and the person is in compliance with all applicable provisions of Title 16 of this municipal code:

A. Business license. The owner must maintain a current and valid business license issued by the city pursuant to Chapter 5.04 of this municipal code at all times while operating a short-term vacation rental at the property.

B. Owner’s authorized agent or representative. If the owner designates an owner’s authorized agent or representative to act on the owner’s behalf in the day-to-day operations of the short-term vacation rental, the owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the transient occupants of the owner's short-term vacation rental unit or their guests. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner’s behalf.

C. Responsible person. A short-term vacation rental must have a responsible person designated for the rental period who shall be legally responsible for ensuring that all transient occupants and their guests comply with all applicable laws, rules and regulations relating to the use and occupancy of the short-term vacation rental. The responsible person(s) shall be a transient occupant of the short-term vacation rental who is at least twenty-one (21) years of age.

D. Bedrooms. Each bedroom in a short-term vacation rental shall have at least one (1) window, one (1) emergency escape/rescue opening, and one (1) closet or storage nook. Additionally, the bedroom must be accessible to a bathroom without crossing into another bedroom.

E. Maximum number of transient occupants. The maximum number of transient occupants and guests, including the responsible person(s), permitted to occupy any short-term vacation rental unit shall be within the ranges set forth in Table 5.27-01, below, to comply with all applicable building, fire, health and safety standards and requirements of local, state and federal law, including, but not limited to, this municipal code:

TABLE 5.27-01 SHORT-TERM VACATION RENTAL OCCUPANCY LIMITS AND PARKING VIOLATIONS*

TABLE 5.27-01 SHORT-TERM VACATION RENTAL OCCUPANCY LIMITS AND PARKING VIOLATIONS*

This requirement shall not apply to hosted rental units.

F. Compliance with applicable laws. The owner, the owner’s authorized agent or representative and the designated local contact person, as applicable, shall use reasonably prudent business practices to ensure that the transient occupants and guests of the short-term vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental.

G. Prompt response to complaints. During the period that a short-term vacation rental is rented, the owner, the owner’s authorized agent or representative and/or the designated local contact person, as applicable and as so designated by the owner, must be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding in person to the property within thirty (30) minutes of a complaint being made regarding the condition, operation, or conduct of transient occupants and/or guests of the short-term vacation rental, and must take such remedial action as is necessary and reasonable to resolve such complaints. Upon notification that any transient occupant and/or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental, the owner, owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, shall promptly respond to immediately halt or prevent a recurrence of such conduct by the transient occupants and/or guests. Failure of the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, to respond to calls or complaints regarding the condition, operation, or conduct of transient occupants and/or guests of the short-term vacation rental in a timely and appropriate manner as required by this section shall be subject to all administrative, legal and equitable remedies available to the city.

H. City notification of violations. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, shall report to the city manager the name, violation, date, and time of disturbance of each person involved in any disorderly conduct activity, disturbance or other violation of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental.

I. Listings. All internet listing sites and listing numbers associated with a short-term vacation rental shall be submitted to the city with the monthly Transient Occupancy Tax (TOT) return forms due to the city pursuant to Section 3.24.080 (Reporting and Remitting) of this municipal code.

J. Sound equipment. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental at any time.

K. Noise requirements. The short-term vacation rental shall be subject to the provisions as described under Section 16.30 (Noise).

L. Renter requirements. Prior to occupancy of a short-term vacation rental, the owner or the owner’s authorized agent or representative shall:

1. Obtain the name, personal telephone number, address, and a copy of a valid government identification of the responsible person and all transient occupants over the age of eighteen (18);

2. Provide a copy to and review the good neighbor brochure with the responsible person and all transient occupants over the age of 18;

3. Require the responsible person to execute a formal acknowledgment that he or she is legally responsible for compliance by all transient occupants of the short-term vacation rental and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental; and

4. The information required by this subsection shall be maintained by the owner or the owner’s authorized agent or representative for a period of three (3) years and shall be made readily available upon request to the city.

M. No self check-in. Self check-in shall be prohibited at the short-term vacation rental. Lock boxes shall not be permitted for access to the short-term vacation rental. The owner or the owner’s authorized agent or representative shall meet the responsible person at the subject property to verify the identity of transient occupants, provide a copy of the good neighbor brochure, and conduct check-in procedures to all transient occupants eighteen (18) years and older.

N. Trash and refuse. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city’s authorized waste hauler on scheduled trash collection days. The owner, the owner’s authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.20 (Nuisances Generally) and Chapter 8.24 (Litter) of this Municipal Code.

O. Parking. Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01, and Section 16.44.260 of this municipal code.

P. No roof access. Due to neighborhood privacy concerns and potential risks of bodily harm, accidental death and other safety concerns, standing, sitting, sleeping, lying, walking or running on the roof of any short-term vacation rental is prohibited. Violation of this prohibition shall result in the immediate removal of all transient occupants and guests from the subject property.

Q. Permit and good neighbor brochure displayed on-site. The owner, the owner’s authorized agent or representative and/or the designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental.

R. Payment of transient occupancy tax. The owner and/or the owner’s authorized agent or representative shall comply with all provisions of Chapter 3.24 (Transient Occupancy Tax) of this municipal code concerning the payment of Transient Occupancy Taxes (TOT), including, but not limited to, submission of a monthly reporting and remitting requirements in compliance with Section 3.24.080 of this municipal code, which shall be required to be filed monthly even if the short-term vacation rental was not rented during such month. This calculation shall include “cleaning fees”, “resort fees”, and “other” fees as part of the total “rent” charged for the short-term vacation rental.

S. Life/safety compliance. The property that is the subject of the short-term vacation rental must meets basic life/safety requirements (including, but not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, first aid kit) and shall comply with minimum operating standards.

T. Signage. All short-term vacation rentals shall comply with the signage requirements under Section 16.38.050 of this municipal code.

U. No commercial filming permitted on-site. No commercial filming or related activities described under Section 16.70.030 of this municipal code, shall occur on-site of the short-term vacation rental property concurrently with an active short-term vacation rental permit.

V. No commercial, special or temporary events permitted on-site. No commercial, special or temporary events, or similar non-residential activities requiring the issuance of a temporary use permit pursuant to Chapter 16.70 of this municipal code or other approval issued by the city, shall occur on-site of the short-term vacation rental property concurrently with an active short-term vacation rental permit.

W. Permitted guest hours. Guest hours permitted at the short-term vacation rental shall be limited from 7:00 a.m. to 10:00 p.m. daily.

X. Additional requirements. The city manager shall have the authority to impose additional conditions or restrictions on any permit in the event of any violation of the operating requirements under this section or the provisions of this chapter or applicable provisions of Title 16.

(Ord. 582 § 4, 2022; Ord. 561-20 Exhibit A, 2020)

All advertising for short-term vacation rentals shall include the following information:

A. City short-term vacation rental permit number;

B. Maximum number of transient occupants and guests permitted to occupy the short-term vacation rental pursuant to Table 5.27-01 of this chapter; and

C. Maximum number of designated on-site parking spaces pursuant to Table 5.27-01 of this chapter. (Ord. 561-20 Exhibit A, 2020)

The owner shall permit the city to inspect the short-term vacation rental and property at any time prior to issuance of a permit, or during the operation of the short-term vacation rental for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 16 of this municipal code. The owner may be required to reimburse the city for the cost of an inspection, not to exceed the actual cost of such inspection. (Ord. 561-20 Exhibit A, 2020)

It shall be unlawful and a public nuisance for any person to commit, cause or maintain a violation of this chapter. The city may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence proceedings for the abatement, removal and/or enjoinment thereof in any manner provided by law. (Ord. 561-20 Exhibit A, 2020)

A. It shall be unlawful for any person to fail to comply with any of the requirements of this chapter, or operate a short-term vacation rental within the jurisdiction of the city contrary to or in violation of any of the provisions of this chapter, any applicable provisions of Title 16 of this municipal code, or any other applicable laws, rules and regulations.

B. Violations of this chapter, may be enforced by any method allowed in Chapters 1.32, 1.26 and 8.20 of this municipal code, or any other applicable enforcement mechanism available to the city. (Ord. 561-20 Exhibit A, 2020)

A. Denial, suspension or revocation. In addition to any other remedy provided by this chapter, a short-term vacation rental permit may be denied, and if already issued, may be suspended or revoked by the city manager, pursuant to this section.

B. Grounds. In addition to the grounds for denial, suspension or revocation imposed under Chapter 5.04 of this municipal code, a permit issued under this chapter, and/or a city business license issued by the city may be denied, suspended or revoked upon any of the following grounds:

1. A material misrepresentation, false or misleading information was included on the application or renewal application for a permit and/or city business license application.

2. A violation of any provision under this chapter, any applicable provision under Title 16 of this municipal code, and/or any other applicable law, rule or regulation has occurred on the premises of the short-term vacation rental.

3. An authorized official has given notification of existing health or safety violations on the property or non-compliance with applicable laws, rules and regulations relating to health and safety.

4. A short-term vacation rental permit for the property has been suspended or revoked in the previous twelve (12) months, unless the property has been sold and the new owner can demonstrate to the city change of property ownership during that time period.

5. The applicant is delinquent in the payment of any outstanding fees, assessments or taxes owed to the city related to any property located in the city that is owned by the applicant, including, but not limited to Transient Occupancy Taxes (TOT).

C. Appeal of denial, suspension or revocation. The appeal procedures for the denial, suspension or revocation of a permit shall be those set forth in Chapter 5.04 of this municipal code.

D. Public notice of suspension or revocation. If a short-term vacation rental permit is suspended or revoked pursuant to this section, notification shall be provided by the city to all record property owners located within three hundred (300) feet of the subject short-term vacation rental of any imposed suspension or revocation of the permit. Posting of the suspension or revocation shall also be provided on the city’s short-term vacation rental webpage.

E. Prohibited operations. If a short-term vacation rental permit is revoked pursuant to this Section, the applicant shall not operate a short-term vacation rental at the property for a period of twelve (12) months from the date of such revocation. No permit that is revoked by the city may be transferred to any other person or entity to operate a short-term vacation rental at the property during such period of revocation. (Ord. 561-20 Exhibit A, 2020)

Where the owner of property used and occupied as a short-term vacation rental pursuant to a permit issued pursuant to this chapter decides to terminate such use and restore the property either to an owner-occupied residence or a long-term rental, the owner shall promptly cause a notice of such determination to be filed with the city manager. The short-term vacation rental permit shall go back into the pool of available permits in accordance with Section 5.27.050 of this chapter and Section 16.44.260 of this municipal code. (Ord. 561-20 Exhibit A, 2020)

The city council shall establish, by resolution, a non-refundable short-term vacation rental permit application and renewal application fee. The appropriate fee shall accompany the submission of each short-term vacation rental permit application, or renewal application, as applicable, to defray in part the reasonable costs of the administration and enforcement of this chapter. The fee shall be reviewed annually and adjusted, as necessary, by the city manager to determine whether such fees are adequate to cover the costs of implementing the provisions of this chapter. (Ord. 561-20 Exhibit A, 2020)

No person shall knowingly report, submit or file a false claim alleging a violation of this chapter. (Ord. 561-20 Exhibit A, 2020)

The requirements of this chapter shall be in addition to any license, permit, or fee required under any other provision of this municipal code. The issuance of a short-term vacation rental permit pursuant to this chapter shall not relieve the owner of the obligation to comply with all other provisions of this municipal code pertaining to the use and occupancy of their property. (Ord. 561-20 Exhibit A, 2020)