Portola Municipal Code Ch. 17.51 Short-Term Rentals

A. The city council hereby finds that unregulated transient occupancy uses in residential and commercial districts presents a threat to the public welfare.

B. The purposes of this chapter are to establish a permitting process and appropriate restrictions and standards for short-term rental of residential dwellings; to ensure the collection and payment of transient occupancy taxes; to minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and to retain the character of the neighborhoods in which any such use occurs.

C. The city council hereby finds that the adoption of an ordinance regulating the issuance of and operating conditions attached to short-term rental permits is necessary to protect the public health, safety and welfare.

(Ord. No. 352, § 1, 11-28-2018)

No person shall use or maintain, nor shall any person authorize, aid, facilitate or advertise the use of, any residential dwelling on any parcel in any zoning district for short-term rental without an administrative permit.

(Ord. No. 352, § 1, 11-28-2018)

Short-term rentals shall be subject to the following restrictions and standards:

A. The administrative permit shall be in the name of the applicant, who shall be an owner of the real property upon which the short-term rental use is to be permitted. The permit shall not be transferable.

B. The total number of guests staying in the short-term rental dwelling at any one time shall be no greater than two times the number of bedrooms plus two persons.

C. Short-term rental dwellings shall meet all applicable building, health, fire and related safety codes at all times, including the installation and maintenance of a smoke detector and carbon monoxide detector, and shall be inspected by the building department and/or fire department before any short-term rental activity can occur.

D. A minimum of two off-street parking spaces shall be provided for use by the short-term rental occupants.

E. The owner/applicant shall keep on file with the city the name, telephone number, cell phone number, and e-mail address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information shall be posted in a conspicuous location within the short-term rental dwelling. The local contact person shall be available twenty-four hours a day to accept telephone calls and respond physically to the short-term rental within thirty minutes when the short-term rental is rented and occupied.

F. The owner/applicant shall post "house policies" in the main living area of the dwelling. The house policies shall be included in the rental agreement, which must be signed by the renter and shall be enforced by the owner/applicant or the owner/applicant's designated contact person. The house policies at a minimum shall include the following provisions:

1. Commercial activities at the short-term rental are not allowed as part of the short-term rental.

2. Quiet hours shall be maintained from ten p.m. to seven a.m., during which noise within or outside the short-term rental dwelling shall not disturb anyone on a neighboring property.

3. Amplified sound that is audible beyond the property boundaries of the short-term rental dwelling is prohibited at any time.

4. Except as permitted by the city manager or his or her designee, vehicles shall be parked in the designated off-street, on-site parking area.

5. Parties, group gatherings, and any other similar events that exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property.

G. The owner/applicant shall ensure that the occupants and/or guests of the short-term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs.

H. The owner/applicant, upon notification that occupants and/or guests of his or her short-term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this code or state law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, shall prevent a recurrence of such conduct by those occupants or guests.

I. The owner/applicant shall maintain city business licenses and pay all transient occupancy taxes in accordance with Chapter 5, Business Licenses and Regulations.

(Ord. No. 352, § 1, 11-28-2018)

A. Owner/applicants of a short-term rental use shall apply for an administrative permit with the city manager or his or her designee in accordance with the provisions of this chapter and on a form provided by the city.

B. The application shall be accompanied by a fee in an amount to be fixed from time to time by resolution to cover the administrative costs of issuing a short-term rental permit, including but not limited to, inspection of the short-term rental dwelling.

C. The application shall include the following information:

1. The name, address and phone number of the owner/applicant, and verification that the applicant is the owner of the property.

2. The assessor's parcel number of the lot on which the short-term rental use is proposed.

3. Certification that the permit will be nontransferable.

4. Certification that the local contact person is available twenty-four hours a day to accept telephone calls and respond physically to the short-term rental within thirty minutes when the short-term rental is rented and occupied.

5. A site and floor plan identifying the location of parking on the site and the location of any bedrooms to be used for short-term rental use.

6. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a short-term rental use.

7. Additional information as may be requested by the city manager to determine impact and mitigation measures.

(Ord. No. 352, § 1, 11-28-2018)

A. Administrative permit applications shall be reviewed by the city manager or his or her designee. The city manager shall either approve or deny the application pursuant to the requirements of this chapter after considering the effects the proposed use would have on surrounding uses and the cumulative impacts within the community. In approving the application, the city manager must make the following findings:

1. The establishment of a short-term rental at the subject property is consistent with the purpose of the general plan.

2. The establishment of a short-term rental at the project site is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.

B. The city manager may impose conditions on the granting of an application for a short-term rental permit to mitigate any impacts of the proposed land use.

C. Short-term rental permits shall be subject to any changes to this chapter that the city council may make and conditions that the council may impose subsequent to the issuance of the permit.

(Ord. No. 352, § 1, 11-28-2018)

Any person whose application for an administrative permit has been denied by the city manager, or whose permit has been suspended or revoked, may appeal to the planning commission pursuant to Chapter 17.91. The appeal shall be accompanied by a filing fee, if any, as established by city council resolution.

(Ord. No. 352, § 1, 11-28-2018)

A. The building manager or his or her designee shall have the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of enforcement of this chapter, subject to the provisions of Code of Civil Procedure Section 1822.50 et seq.

B. The building and/or fire department may annually inspect the short-term rental dwelling.

C. The city manager or his or her designee shall have the right to inspect any records related to the use and occupancy of the short-term rental to determine that the objectives and conditions of this chapter are being fulfilled.

(Ord. No. 352, § 1, 11-28-2018)

A. The city manager may revoke a short-term rental permit if it is determined that:

1. The owner-applicant gave false or misleading information during the application process;

2. There has been a violation of any of the terms, conditions and restrictions on the use of the dwelling unit for short-term rental use or any provisions of this chapter;

3. The owner-applicant has failed to timely pay the transient occupancy tax as required by this code.

B. If an owner-applicant's short-term rental permit is revoked, the owner-applicant may not reapply for another permit for one year after the date of revocation.

(Ord. No. 352, § 1, 11-28-2018)

A. Any property owner or responsible person who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way, the availability of residential property in violation of this chapter is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.08, General Penalty Provisions. For purposes of this chapter, "responsible person" shall mean and include any manager or other person responsible for allowing property to be used for short-term rental in violation of this chapter.

B. Short-term rental use, and/or advertisement for use, of a residential property in violation of this chapter is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 18.06, Procedure for Abatement of Nuisance, except that the civil penalty for a violation shall be two hundred fifty dollars. Each day the violation occurs shall constitute a separate offense.

C. Any property owner or responsible person who violates this chapter shall be liable and responsible for a civil penalty of two hundred fifty dollars per violation per day such violation occurs. The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city's staff time, investigation expenses and attorney's fees.

D. Any violation of this chapter may also be abated and/or restored by the code enforcement officer and also may be abated pursuant to Chapter 18.06, Procedure for Abatement of Nuisance, except that the civil penalty for a violation shall be two hundred fifty dollars.

E. Each day the violation of this chapter occurs shall constitute a separate offense.

F. The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity.

(Ord. No. 352, § 1, 11-28-2018)