Pismo Beach Municipal Code Art. I Vacation Rental Regulation

No owner or owners of a vacation rental shall rent, offer to rent, or advertise for rent the vacation rental to another person without a license approved and issued in the manner provided for by this chapter.

(Ord. O-2023-006 § 3 (part), 2023)

A. Persons wishing to use a structure as a vacation rental shall do all of the following:

1. Complete a vacation rental license request form, which form shall be provided by the community development director or designee.

2. Submit the following information in support of a vacation rentallicense:

a. The name, address and telephone number of the property owner and aresponsible party that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The responsible party shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the requirement of maintaining a residence or physical business address. An owner of a vacation rental who resides within a twenty-five (25) mile radius of the vacation rental unit may designate themselves as the responsible party. Any change in the responsible party’s address or telephone number shall be promptly furnished to the city within forty-eight (48) hours of such change.

b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking location.

c. A copy of the proposed notices required by Section 5.22.050E. to be posted inside the vacation rental unit.

d. Proof of written notification to all property owners and residents within three hundred (300) feet of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in subsection A.2.a. of this section.

e. Acknowledgment that the owner and responsible party, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.

f. Such other information as the community development director or designee deems reasonably necessary to administer this chapter.

3. Submit to an inspection of the vacation rental by city staff prior to issuance of license.

4. Obtain a valid business license for a vacation rental unit.

B. Once the vacation rental is approved by the community development department and a valid business license is on file for the vacation rental, the tax administrator will issue a transient occupancy registration certificate for the vacation rental pursuant to Section 3.20.060 of this code.

C. Vacation rental licenses shall be personal property of the vacation rental unit operator and shall not run with the land. Upon sale of a property operated as a vacation rental, the vacation rental license shall expire as of the date of sale, and the new owner shall comply with the provisions of this chapter prior to operation of the vacation rental unit.

(Ord. O-2023-006 § 3 (part), 2023: Ord. O-2018- 013 § 3, 2018: Ord. O-2010-002 § 1, 2010)

A. Except as otherwise permitted by the community development director upon presentation of extenuating circumstances, each vacation rental shall have a minimum of two parking spaces available on-site at all times.

B. Each vacation rental shall provide for garbage removal as required by Chapter 8.12 of this code.

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

A. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a responsible party that can be reached via telephone twenty-four hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The responsible party shall respond, either in person, or by return telephone call, within three hours of a complaint, and the responsible party shall provide the complaining party a proposed resolution to the complaint.

B. The operator or responsible party shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy. Notwithstanding the retention of a responsible party, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or responsible party to comply with this chapter shall be deemed noncompliance by the owner.

C. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address, and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

D. Any advertising of the vacation rental shall include the vacation rental license number provided by the city.

(Ord. O-2025-002 § 20, 2025; Ord. O-2023-006 § 3 (part), 2023: Ord. O-2010-002 § 1, 2010)

A. It shall be unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with this chapter.

B. In addition to, or in lieu of criminal sanctions set forth in subsection A., administrative penalties, including a notice of violation, shall be imposed, and licenses shall be revoked, in the manner provided in this subsection B.

1. The city building official or designee shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal that a violation occurred, the city building official or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the license. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the city building official, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that thelicense will be revoked within fifteen days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing. The penalties for violations specified in subsection B. of this section shall be as follows:

a. For the first violation within any twelve-month period, the penalty shall be a fine not to exceed one hundred dollars, and/or suspension of the license for a period not to exceed three months.

b. For a second violation within any twelve-month period, the penalty shall be a fine not to exceed two hundred fifty dollars, and/or suspension of the license for a period not to exceed six months.

c. For a third violation within any twelve-month period, the penalty shall be a fine not to exceed five hundred dollars, and/or suspension of the license for a period not to exceed one year.

2. If the owner requests a hearing within the time specified in subsection 1. of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen days, nor more than forty-five days of receipt of request for a hearing. The community development director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the community development director. The community development director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The community development director shall render a decision within thirty days of the hearing and the decision shall be final.

C. The community development director or designee shall have the authority to impose additional conditions on any license in the event of any violation of the conditions of the license or the provisions of this chapter.

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