Pismo Beach Municipal Code Ch. 5.22 Vacation Rental and Short-Term Rental Regulation

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. The words “shall” and “will” are mandatory; the word “may” is discretionary.

“Bedroom” shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a short-term rental or homestay shall meet all applicable California Building Code requirements.

“Good Neighbor Policy” shall mean the administrative policy adopted and revised from time to time by the Community Development Director setting forth operational details for properties licensed under this chapter.

“Homestay” shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.

“Long-term rental” shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a short-term rental and be subject to the terms of a short-term rental license as provided in this Code.

“Primary residence” shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than fifty percent (50%) of the year, defined herein as one hundred eighty-three (183) days or more per year on a rolling three hundred sixty-five (365) day basis. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.

“Proof of primary residence” shall mean all documentation deemed acceptable by the city showing the dwelling is the owner's principal residence, including but not limited to tax records, property tax records, utility records, ownership documents for other properties, and homeowners' exemptions.

“Responsible party” shall mean a person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pismo Beach Municipal Code by all renters and visitors of the property, twenty-four (24) hours per day, seven (7) days per week. The responsible party shall sign and be responsible for enforcing the City’s Good Neighbor Policy and is designated as the point of contact for the property. The responsible party shall ensure the maintenance of the licensed property in compliance with this chapter and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein.

“Short-term rental” or “STR” shall mean the rental of a detached single-family residence for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.

“Time-share plan” shall mean any arrangement, established by membership agreement, plan, scheme, or similar device, whether sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or a portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property subject to the time-share plan.

“Transient” shall have the same meaning as set forth in Section 3.20.020 of this code.

“Vacation rental” means any structure, as defined in the building code adopted in Section 15.04.010 of this code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units.

(Ord. O-2023-006 § 3 (part), 2023: Ord. O-2010- 002 § 1, 2010)