Tehachapi Municipal Code Ch. 8.68 Short-Term Rental Permits

The purpose of the short-term rental permit is to regulate the activity of renting a dwelling unit for a period of thirty consecutive days or less in order to make certain that the city is collecting transient occupancy tax pursuant to chapter 3.24 of this Code for short-term vacation rentals and to safeguard the peace, safety, and general welfare of the residents of the city of Tehachapi and their visitors and guests by eliminating noise and overcrowding. The primary use of single-family and multifamily dwelling units in the city of Tehachapi is the provision of permanent housing for full time and part time residents of the city who live and/or work in the city. Short-term rentals are not uses specifically recognized in the city's zoning ordinance, nor are these uses expressly identified as uses permitted in single-family or multifamily zones. Short-term rentals are similar in character and use as hotels and other commercial short term uses and can only be permitted in single-family or multifamily zones if such uses are ancillary and secondary to the residential use of property. This chapter confirms short-term rentals are only allowed as ancillary and secondary uses of residential property in the city.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 4, 10-20-2025)

As used in this chapter, the following words shall have the following definitions:

A. "Director" means the development services director of the city of Tehachapi.

B. "Short-term rental" means the rental of any structure or any portion of any structure for dwelling, lodging, or sleeping purposes for thirty consecutive calendar days or less, including detached single-family residences, condominiums, duplexes, twinplexes, townhomes, and multiple-family dwellings. A "short-term rental" with at least two bedrooms is deemed to offer lodging for five or more persons at any one time as is a "hotel" for purposes of collecting transient occupancy tax (TOT) pursuant to chapter 3.24 of this Code.

(Ord. No. 21-03-761, § 1, 7-19-2021)

No person, either for themselves or any other person, shall cause, allow, conduct, permit, maintain, or facilitate a short-term rental within the city without first obtaining a short-term rental permit pursuant to this chapter, and complying with all other applicable provisions of this Code.

Rentals offered for thirty-one consecutive calendar days or more are not required to obtain a short-term rental permit.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 5, 10-20-2025)

Short-term rental permits may only be issued for qualifying properties within Downtown Tehachapi as defined by the following constraints: Downtown Tehachapi shall be bounded on the west by Mill Street, on the east by Snyder Avenue, on the north by H Street, and on the south by C Street. A map of Downtown Tehachapi for purposes of this Chapter shall be on file with the city.

(Ord. No. 25-05-783, § 6, 10-20-2025)

All pre-existing short-term rentals located outside of the downtown boundary, as defined in Section 8.68.035, at the time of the effective date of the ordinance adopting this section shall be allowed to continue as a short-term rental subject to all the following conditions.

A. The permit must be in good standing with the City of Tehachapi, which includes, but is not limited to, the following.

i. All fees and taxes associated with the property must be paid on time.

ii. No new violations are issued against the property.

B. No changes may be made to the current permit or the subject short-term rental.

C. The subject property is owned by the permit holder as of the effective date of the ordinance.

All renewals must be submitted by the applicant on or before the expiration date of the permit or June 30 of each year, whichever date comes first.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 7, 10-20-2025)

To apply for a short-term rental permit from the city of Tehachapi, applicants must submit an application to the director, along with payment of the nonrefundable permit fee, which shall be established by resolution of the city council. The applicant, who may be the owner or the owner's authorized agent, shall be the party responsible for compliance with all provisions of this chapter and all of the laws regulating short-term rentals and transient occupancy tax regulations.

The application shall be in a form prescribed the director and shall contain, at a minimum, the following:

A. The legal name, current address and telephone number of the applicant;

B. The address of the short-term rental property;

C. A copy of a valid business license issued pursuant to chapter 5.04 of this Code;

D. The names and dates of birth of all residents of the property (minors may be listed by title and age only);

E. A diagram of the property indicating areas intended for use as short-term rental;

F. A parking plan indicating sufficient lawful parking on the property for all vehicles belonging to residents and one additional space; Parking shall follow city parking standards for underlying zone with a minimum of one space for each rental unit.

G. Emergency contact information, including a telephone number, for twenty-four hour, seven days a week response within two hours;

H. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

I. Two passport size photographs of the applicant; and

J. Any other information required by regulations promulgated pursuant to this chapter or deemed necessary by the director.

(Ord. No. 21-03-761, § 1, 7-19-2021)

Upon receipt of a completed application of a permit, the director, or his or her designee, shall cause an investigation of the applicant and the application. The investigation shall be completed in a timely manner as follows and the applicant shall be notified of the result in writing in a timely manner. The investigation shall include the following:

A. The applicant shall be required to pay the nonrefundable permit fee.

B. Inspection/habitability review of the property meeting the requirements of Section 15.04.020 of the Tehachapi Municipal Code by city staff shall be scheduled at the time of receipt of the application and completed within thirty days of the receipt of the application.

C. If, as a result of this inspection/habitability review, the applicant is found to satisfy all of the requirements of Section 8.68.060 and no grounds for denial exist, the application shall be approved, and a short-term rental permit shall be issued to the applicant. The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the director or his or her designee.

D. A short-term rental permit application may be denied for any of the following reasons:

1. Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail.

2. The applicant failed to provide a complete application, after having been notified of the requirement to produce additional information or documents.

3. The applicant is delinquent in payment of any city or county taxes, fines, or penalties in relation to the short-term rental.

4. The applicant has previously held a short-term rental permit which was revoked by the city during the year prior to the application.

5. The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter.

6. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 8.68.120.

If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, §§ 8, 9, 10-20-2025)

A short-term rental permit shall initially be valid from the date of issuance and shall expire and become null and void on the next upcoming June 30th. For the period succeeding the aforementioned June 30th, a permit shall be valid for a twelve month period from the period of July 1st to the following June 30th of the next year.

A. A person may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active short-term rental permit and upon successful inspection completed by city staff.

B. Renewal of the permit shall be valid for twelve months from the original expiration date of the short-term rental permit. There is no limitation on the number of renewals that may be granted by the director.

C. The applicant shall be required to pay the permit fee for the permit renewal. The applicant's failure to submit a complete application prior to the expiration date of the existing short-term rental permit shall be a basis for denial of the renewal.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 10, 10-20-2025)

The director may revoke a short-term rental permit issued to permittee for a second violation of this chapter within any period of time or for any violation of chapter 3.24 relating to transient occupancy tax. A person whose permit is revoked may apply for a new short-term rental permit one year after the revocation of the permit. Notwithstanding the foregoing sentence and section 8.68.040, properties located outside of the downtown boundaries as described in section 8.68.035 are ineligible for a short-term rental permit after such revocation.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 11, 10-20-2025)

Any person whose short-term rental permit is denied or revoked may appeal the decision in writing with the city clerk within fifteen days following the date of the director's decision stating the grounds for said appeal. The city clerk shall schedule an appeal hearing with the city manager, or his or her designee, within fifteen days of an appeal being filed. The decision of the city manager, or his or her designee, shall be final.

(Ord. No. 21-03-761, § 1, 7-19-2021)

A short-term rental permit granted pursuant to this chapter shall not be transferable to another person, parcel number, or to another property owner. Said permit shall not run with the land or property to which it applies.

(Ord. No. 21-03-761, § 1, 7-19-2021)

Permittees shall comply with the following:

A. Permittees shall ensure that the occupants and/or guests of the short-term rental 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, overcrowding, the consumption of alcohol, or the use, sale, distribution, storage, or manufacturing of illegal drugs or drug paraphernalia including being under the influence of a controlled substance. Permittees are expected to take any measures necessary to abate disturbances described herein, including, but not limited to, directing the occupants and/or guests, removing the occupants and/or guests, or any other action necessary to immediately abate the disturbance. If a permittee is not able to stop documented behavior that has been brought to permittee's attention, then such failure shall constitute a violation pursuant to section 8.68.130 of this chapter.

B. Parking shall follow city parking standards for underlying zone with a minimum of one space for each rental unit. The director, on a case-by-case basis, may allow parking on the street within the lot frontage of the dwelling unit to count toward meeting this parking requirement.

C. A permittee that offers at least two bedrooms is deemed to offer lodging for five or more persons at any one time and shall comply with all requirements of and be subject to the transient occupancy tax (TOT) pursuant to chapter 3.24 of this Code for short-term rental use. Any such permittee shall have the duty and liability to ensure timely remittance of the TOT to the city in compliance with chapter 3.24 of this Code.

D. All advertising for the short-term rental that is displayed on a hosting platform or other media shall display the number of the current and valid permit as issued by the city and a street-view photo of the front of the house.

E. The short-term rental permit shall be conspicuously displayed on or directly adjacent to the main entry door of each short-term rental to which it applies.

F. The permittee shall have a valid business license issued pursuant to chapter 5.04 of this Code.

G. The short-term rental shall comply with all applicable provisions of this Code and state law, and all current state and local building and fire codes.

H. The permittee or authorized agent upon application shall provide a valid phone number, available twenty-four hours per day, seven days per week when the short-term rental is rented. Permittees are required to provide a response within two hours of being notified by city official to address an issue of permit compliance, public nuisance, or health, safety or welfare of the public.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 12, 10-20-2025)

A. Operating a short-term rental without a valid short-term rental permit is prohibited. Advertising shall be considered prima facie evidence of operation. Additional evidence of operation may include, but shall not be limited to, guest testimony, online reviews, rental agreements, receipts, or any other information deemed relevant by the city.

B. Advertising a short-term rental without a valid short-term rental permit is prohibited. No short-term rental shall be advertised until a valid short-term rental permit is issued.

C. Failure to comply with the conditions in this chapter shall constitute a violation for which penalties may be imposed. Violations shall constitute a public nuisance, which may be abated by any means provided by law, including, but not limited to, injunctive relief, issuance of administrative fines pursuant to chapter 1.16, prosecution as an infraction, and may also constitute a misdemeanor punishable pursuant to chapter 1.20.

D. City penalties for violations shall be issued in writing by the issuing officer upon documented verification of a violation.

E. Each and every day, or portion thereof, a violation of this chapter exists shall constitute a separate and distinct violation.

F. The remedies provided herein are intended to be cumulative and may be used in lieu of or in addition to any other remedy provided by this chapter or other law.

(Ord. No. 21-03-761, § 1, 7-19-2021; Ord. No. 25-05-783, § 13, 10-20-2025)