Port Hueneme Municipal Code Ch. 10 Short-Term Rentals

The purpose of this Chapter is to regulate the use of residential dwellings as short-term rentals, to preserve the residential character of neighborhoods, minimize adverse impacts related to noise, parking, trash, and overcrowding, ensure fair contribution to public services through taxes and fees, and provide a balanced regulatory framework consistent with the California Coastal Act.

(Ord. No. 833, § 2, 9-18-26)

For purposes of this Chapter, the following definitions shall apply:

"Short-term rental (STR):" The rental of a dwelling unit, or any portion thereof, for occupancy of fewer than thirty (30) consecutive calendar days.

"Owner:" The individual or entity that has legal title or control of the property.

"Operator:" The owner or other responsible person who holds a valid short-term rental permit and is legally responsible for compliance with this Chapter.

"Dwelling unit:" A single unit providing complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

"Guest:" Any person renting, occupying, or otherwise using a short-term rental for lodging or sleeping purposes, including invitees and occupants other than the operator or local contact person.

"Local contact person:" A person designated by the operator who is available twenty-four (24) hours per day, is capable of responding to complaints within the required timeframes, and has authority to direct guests to comply with this Chapter and the approved Nuisance Response Plan, arrange for the lawful removal of vehicles, respond to City or law enforcement personnel, and terminate occupancy when necessary to abate a violation.

"Rent:" Any form of monetary or non-monetary consideration, including but not limited to payment, fee, service, credit, gift, exchange, or donation, whether paid directly or indirectly, received by the owner, operator, or any person acting on their behalf, in return for the occupancy or use of a dwelling unit, or any portion thereof, as a short-term rental.

"Nuisance response plan:" A City-approved plan describing measures to prevent and address potential nuisances including noise, parking, trash, and disorderly conduct, and outlining procedures for timely complaint response. The Nuisance Response Plan shall be approved when it contains all information and procedures required by Section 5666. The City may require correction of incomplete or nonconforming provisions but shall not impose property-specific operating conditions except as expressly authorized by this Chapter.

"Confirmed violation:" A violation of this Chapter supported by a City inspection, law enforcement report, code enforcement documentation, an admission by the owner or operator, platform or rental records, photographs, video, audio recordings, sound-level measurements, or other reliable evidence determined sufficient by the City Manager or designee. An uncorroborated complaint alone shall not constitute a confirmed violation.

(Ord. No. 833, § 2, 9-18-26)

(a) No person shall operate a short-term rental without first obtaining a short-term rental permit issued by the City.

(b) The City Manager or designee shall issue a short-term rental permit when the application is complete, the applicant and property satisfy all objective eligibility requirements of this Chapter, all required fees have been paid, and a permit is available under the Citywide permit cap or has been allocated to the applicant through the applicable lottery. Permit issuance pursuant to this article is a ministerial administrative action and does not require a public hearing.

(c) A valid City business license and registration certificate for collection of transient occupancy tax (TOT) are required in addition to the permit.

(d) Permits shall be issued for one (1) year, are non-transferable, and shall expire upon transfer of ownership.

(e) Renewal of a short-term rental permit may be denied if the operator has accrued three (3) or more confirmed violations within the preceding twenty-four (24) months, failed to pay required Transient Occupancy Tax, permit fees, administrative fines, or other amounts due to the City, failed to comply with the approved Nuisance Response Plan, or otherwise failed to maintain good standing with the City. An application submitted after expiration of a permit shall be processed as a new application and shall be subject to the Citywide permit cap and any established waiting list in effect at the time of application.

(f) The City may require an inspection or updated Nuisance Response Plan prior to renewal to ensure continued compliance.

(g) No short-term rental permit shall be issued for a property that is owned, in whole or in part, by a corporation, partnership, limited liability company, or other legal entity unless every shareholder, partner, member, or other person holding a direct or indirect beneficial ownership interest in the entity is a natural person. The applicant shall disclose all direct and indirect ownership interests and provide documentation reasonably required by the City. A property held in trust may qualify if each person holding a beneficial interest in the trust is a natural person.

(Ord. No. 833, § 2, 9-18-26)

An application for a short-term rental permit shall include:

(a) Completed application form and payment of an annual fee of nine hundred ninety-five dollars ($995.00).

(b) Proof of ownership or notarized authorization from the property owner.

(c) Floor plan identifying the number of bedrooms and a site plan showing available parking spaces and trash storage areas.

(d) Identification of the local contact person, including name, address, email address, and phone number.

(e) Applicants must provide proof of property liability insurance for the short-term rental unit.

(f) A nuisance response plan addressing how the operator will mitigate potential noise, trash, parking, disorderly conduct, and other nuisance-related issues.

(g) A certification by the applicant that operation of the short-term rental is permitted by and complies with all applicable leases, covenants, conditions and restrictions, homeowners association rules, and other private restrictions. The certification shall acknowledge that issuance of a City permit does not authorize a violation of any private restriction and that the City does not interpret or enforce private agreements.

(h) A life-safety certification, on a form approved by the City, confirming that the dwelling has functional smoke alarms in each sleeping room and other required locations, carbon monoxide alarms where required, portable fire extinguishers, unobstructed emergency exits, evacuation information, and, where applicable, compliant pool and spa safety features, and otherwise complies with applicable building and fire requirements including no use of garages, tents, vehicles, storage rooms or non-habitable spaces for sleeping. The City may require an inspection or supporting documentation before permit issuance or renewal.

(Ord. No. 833, § 2, 9-18-26)

(a) Occupancy shall be limited to two (2) persons per bedroom plus two (2) additional persons, not to exceed ten (10) persons in any dwelling. Maximum occupancy is based on legal bedrooms only.

(b) Quiet hours shall be observed daily between 10:00 p.m. and 7:00 a.m.

(c) Operators shall maintain sufficient off-street parking for short-term rental use. One (1) off-street parking space shall be required for a short-term rental consisting of a single bedroom, and two (2) or more off-street parking spaces shall be required for a short-term rental consisting of two (2) or more bedrooms. Garage spaces, driveway spaces, or a combination thereof may be counted toward the required spaces, provided they are made available for guest use. Tandem parking may be permitted, provided it does not obstruct sidewalks, driveways, or fire access. No parking space may be counted if use of the space would obstruct a sidewalk, bicycle lane, alley, fire lane, required emergency access, or access to a garage or driveway serving another dwelling. The City may inspect garages, driveways, and other parking areas relied upon to satisfy the off-street parking requirement, upon reasonable notice, to verify continued compliance with this section.

(d) Trash shall be stored in proper containers and placed for collection only in accordance with the City schedules. Instructions shall be posted inside the unit.

(e) House rules, occupancy limits, quiet hours, trash instructions, parking requirements, permit number, and local contact information shall be posted conspicuously inside the dwelling within six (6) feet of the main entrance.

(f) Prior to commencing short-term rental operations, the operator shall provide written notice to properties located within two hundred (200) feet of the property line of the short-term rental property. The notice shall include the address of the short-term rental, the City-issued permit number, the telephone number of the twenty-four-hour local contact person, and instructions for reporting disturbances or suspected violations. The operator shall provide proof of notification to the City in a form approved by the City. Updated notice shall be provided upon any change in the operator or local contact information.

(g) Each short-term rental shall have a minimum stay requirement of at least one (1) consecutive night. The City Council may, by resolution, adjust the minimum stay requirement if warranted to address community impacts or California Coastal Commission certification conditions. Nothing in this subsection shall prohibit an operator from imposing a longer minimum stay.

(h) Every online advertisement for a short-term rental shall display the City permit number.

(i) Short-term rentals shall not host events, weddings, or other commercial gatherings that exceed permitted occupancy.

(j) Operators shall maintain functional smoke alarms, carbon monoxide alarms, portable fire extinguishers, unobstructed emergency exits, and evacuation information, and shall comply with all applicable building, fire, and life-safety requirements.

(k) Short-term rentals shall not be operated in accessory dwelling units, affordable housing units, or mobile homes.

(Ord. No. 833, § 2, 9-18-26)

(a) Each operator shall submit and adhere to a Nuisance Response Plan approved by the City Manager or designee.

(b) The plan shall, at a minimum, include:

(1) Procedures for responding to noise, parking, trash, or disorderly conduct complaints within the timeframes specified in Section 5667;

(2) Contact information for the owner, operator, and local contact person;

(3) A method for guests to be informed of neighborhood expectations, including delivery of written "Good Neighbor Guidelines" to all guests upon arrival;

(4) Procedures for monitoring guest compliance with occupancy and parking limits;

(5) Actions the operator will take to prevent recurrence of violations, including guest eviction procedures where appropriate; and

(6) A statement acknowledging that repeated nuisance activity may result in permit suspension or revocation.

(c) Each failure to adhere to the approved Nuisance Response Plan shall constitute an independent violation of this Chapter and may result in administrative citation, permit suspension, or permit revocation.

(Ord. No. 833, § 2, 9-18-26)

(a) The local contact person shall acknowledge complaints within fifteen (15) minutes during quiet hours and within thirty (30) minutes at other times.

(b) The local contact person shall appear on-site within thirty (30) minutes during quiet hours and within sixty (60) minutes at other times if necessary to resolve complaints.

(c) The local contact person must maintain a physical residence or business address within thirty (30) miles of the City of Port Hueneme.

(d) Operators shall maintain a complaint log, documenting the date, time, nature of complaint, response time, and resolution, and provide copies to the City upon request. Failure to maintain or produce the complaint log upon request shall be deemed a violation subject to administrative citation.

(e) Within one (1) hour after receiving a complaint, the operator or local contact person shall notify the City through the City designated reporting method. The notification shall include the short-term rental address, the date and time the complaint was received, a brief description of the complaint, the corrective action taken or underway, and the current status of the complaint, including whether the complaint has been resolved.

(f) Within twenty-four (24) hours after receiving a complaint, the operator or local contact person shall submit an incident response report in a form approved by the City. Failure to submit a complete report constitutes an independent violation.

(g) Failure of the local contact person or operator to acknowledge a complaint, appear on-site when required, take reasonable corrective action, terminate occupancy when necessary to abate an ongoing violation, or otherwise comply with the approved Nuisance Response Plan shall constitute an independent violation of this Chapter, regardless of whether the underlying complaint results in a separate confirmed violation.

(Ord. No. 833, § 2, 9-18-26)

The purpose of this cap is to prevent over-concentration of short-term rentals and preserve the availability of long-term housing consistent with the City's General Plan and Coastal Act policies.

(a) The number of short-term rental permits issued by the City shall not exceed ten (10) percent of the City's total housing units.

(b) If applications exceed the allowable cap, the City shall allocate permits by lottery.

(Ord. No. 833, § 2, 9-18-26)

(a) As a condition of initial permit issuance and each annual renewal, the operator shall provide written notice of the short-term rental to the owners and occupants of all properties located within two hundred (200) feet of the short-term rental property, measured from the exterior boundaries of the subject parcel.

(b) The notice shall be provided on a form approved by the City and shall include the short-term rental address, City permit number, the twenty-four-hour telephone number of the local contact person, a summary of the approved Nuisance Response Plan, and instructions for reporting complaints or suspected violations to the City.

(c) If the short-term rental property is located within a homeowners association or other common-interest development association, the operator shall provide the association with written notice of the short-term rental and a complete copy of the City-approved Nuisance Response Plan as a condition of initial permit issuance and each annual renewal. The operator shall provide the association with an updated copy of the Nuisance Response Plan within ten (10) calendar days after any change to the plan or the contact information contained therein.

(d) The notification required by subsection (c) is informational only and does not require the homeowners association's approval, authorization, or signature as a condition of City permit issuance. Issuance of a City permit does not authorize an operator to violate any applicable covenants, conditions and restrictions, bylaws, operating rules, or other private governing documents, and the City shall not be responsible for interpreting or enforcing such private restrictions.

(e) The operator shall submit proof of mailing or delivery in a form acceptable to the City before a permit is issued or renewed. Notice may be provided by first-class mail or personal delivery.

(f) On an annual basis, the operator shall submit to the City an affidavit, on a form approved by the City, certifying under penalty of perjury that the notice required by this section has been provided to all owners, occupants, and homeowners associations entitled to receive notice and that the information contained in the notice remains current and accurate, or identifying any changes thereto.

(g) The operator shall provide updated notice to the City and to the owners and occupants of all properties located within two hundred (200) feet of the short-term property within ten (10) calendar days after any change to the local contact person or the contact information contained in the notice.

(Ord. No. 833, § 2, 9-18-26)

(a) Complaint-based inspections may occur at any time during the permit term.

(b) The City may contract with a third-party compliance monitoring service to identify unpermitted short-term rentals, track listings, and verify TOT collection.

(Ord. No. 833, § 2, 9-18-26)

(a) Violations of this Chapter are declared public nuisances and are subject to administrative fines, permit suspension or revocation, and any other civil, criminal, or administrative remedy available to the City.

(b) For a violation of this Chapter the City may impose an administrative fine not exceeding one thousand five hundred dollars ($1,500.00) for a first violation, three thousand dollars ($3,000.00) for a second violation of this Chapter within one (1) year, and five thousand dollars ($5,000.00) for each additional violation of this Chapter within one (1) year. Any fine imposed under this subsection shall comply with Government Code Section 36900, including restrictions applicable to a first-time failure to register or pay a business license fee and any required hardship-waiver procedure. Notwithstanding the foregoing, a first-time failure to register or pay a business license fee may still be subject to the fines set forth in Chapter 6 of Article 1 of this Code.

(c) Three (3) confirmed violations within a twenty-four (24) month period may result in permit revocation. A former permittee whose permit was revoked shall not reapply for twelve (12) months following the effective date of revocation.

(d) Each day of continued violation constitutes a separate offense.

(e) Multiple violations arising from the same continuous incident shall constitute one violation event for purposes of permit suspension or revocation, although each separate violation may be subject to an administrative citation.

(f) Operation of a short-term rental without a valid permit shall constitute a misdemeanor or infraction, as determined by the City Attorney.

(Ord. No. 833, § 2, 9-18-26)

(a) The annual permit fee shall be nine hundred ninety-five dollars ($995.00).

(b) All operators shall remit transient occupancy tax in accordance with Article II, Chapter 7, Part B of the Port Hueneme Municipal Code.

(c) Fees shall be used to fund program administration, inspection, complaint response, and enforcement activities.

(d) The City may amend the permit fee by resolution as necessary to recover costs associated with program administration.

(e) The permit fee set forth herein is solely for administration of the regulatory provisions herein and separate and in addition to any business license tax set forth in Chapter 1 of Article 5 of this Code.

(Ord. No. 833, § 2, 9-18-26)

Within one (1) year after implementation of this Chapter, the City Manager or designee shall evaluate the effectiveness of the short-term rental program, including permit activity, complaint history, confirmed violations, enforcement actions, transient occupancy tax compliance, program revenues and costs, and identified neighborhood and housing impacts, and shall present a report to the City Council with any recommended amendments.

(Ord. No. 833, § 2, 9-18-26)

(a) Operators shall maintain records of all rental transactions, including guest names, dates of stay, gross rent collected, cleaning fees, platform fees charged to guests, and TOT remitted, for a period of three (3) years.

(b) Records shall be furnished to the City within five (5) business days upon request.

(Ord. No. 833, § 2, 9-18-26)

Any person aggrieved by a decision of the City Manager or designee may appeal such decision in writing to the City Council within ten (10) calendar days of the decision. The City Council's decision shall be final.

(Ord. No. 833, § 2, 9-18-26)