This chapter establishes permit requirements and standards for the operation of short-term rentals within the city of Point Arena. These standards are intended to provide accountability and ensure that short-term rentals are compatible with and do not adversely impact neighboring uses or long-term housing availability.
(Ord. 235 § 1, 2020.)
As used herein:
"Accessory Dwelling Unit (ADU)"
means an attached or a detached residential dwelling unit less than 1,200 square feet that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(a) 
An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(b) 
A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Guest" or "visitor"
means a person who rents a home-share and/or vacation home rental.
"Home share"
means an activity whereby the resident(s) host visitors in their homes, for compensation, for periods of 30 consecutive days or less, while at least one of the dwelling unit's primary residents lives on-site, in the dwelling unit, or in a separate legal dwelling unit structure on the same parcel, throughout the visitors' stay. Home shares may occur in an ADU and/or JADU. Some home shares consist of renting out a bedroom or two in a residence.
"Host"
means the person who receives or entertains other people as guests. The host can also be the operator of a vacation home rental or home share.
"Hosting platform"
means a marketplace in whatever form or format which facilitates accommodations, through advertising, match-making or any other means, using any medium of facilitation, and from which the hosting platform may derive revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
"Junior Accessory Dwelling Unit (JADU)"
means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Operator"
means the person, entity or persons engaged in the leasing, subleasing or otherwise agreeing to allow a property under its control to be operated as a vacation home rental.
"Owner"
means the entity, person or persons holding fee title to the property on which the short-term rental is operated. An individual may not own or operate more than one short-term rental within the city, whether as the individual holder of fee title or as a member of an entity.
"Short-term rental"
means any rental of any living accommodation that is 30 consecutive days or less.
"Transient Occupancy Tax (TOT)"
means local transient tax as set forth in Point Arena Municipal Code Chapter 3.30, Uniform Transient Occupancy Tax. The tax is paid by the guest at the time the rental is paid for. The collected TOT is then remitted to the city of Point Arena.
"Vacation home rental"
means a single-family dwelling unit, duplex, or triplex (including condominium and townhouse units), where the host/owner/operators does not occupy the dwelling unit while it is rented, only the renter and guests thereof occupy the dwelling unit while it is rented, and the dwelling unit is rented for the purpose of overnight lodging for a period of not more than 30 days per guest. Only one unit in a duplex, triplex, or multifamily residential property can be used as a vacation home rental. Where there is more than one dwelling on a property as part of a dwelling group, the owner may live in a dwelling that is not used as a vacation rental. Apartments or manufactured homes located in a mobile home park may not be used as vacation home rentals. For the purposes of these regulations, the following are not considered to be vacation rentals:
(a) 
Ongoing month-to-month tenancy granted to the same renter for the same unit; or
(b) 
A house exchange for which there is no payment; or
(c) 
Renting of individual rooms in a dwelling unit while the primary occupant remains on site.
(Ord. 235 § 1, 2020.)
(1) 
Legal Dwelling Structure. A vacation home rental may only be offered in a legal dwelling unit. If at any time the dwelling unit fails to meet applicable building code requirements its license may be revoked.
(2) 
Responsibility of property owner to prevent nuisance behavior and maintain neighborhood peace and quiet. The property owner and/or operator shall inform guests that they are not to violate the standards of this chapter, and shall be responsible to take any action necessary to ensure guests abide by this chapter and other applicable provisions of the City of Point Arena Municipal Code.
(3) 
ADU/JADU Prohibition. Vacation home rentals are prohibited on properties containing accessory dwelling units and/or junior accessory dwelling units.
(4) 
Parking. At least one dedicated on-site parking space must be provided to serve the vacation home rental. If the property does not have on-site parking, the property owner shall have a city approved parking plan, designating the location of off-street parking. In the core commercial zone, an in-lieu parking fee will be paid if off-street parking is infeasible.
(5) 
Noise. All vacation home rental guests are required to comply with the noise standards of the City of Point Arena Municipal Code Chapter 9.35, Noise. Nighttime noise limits and quiet hours are imposed from 8:00 p.m. to 7:00 a.m. The nighttime noise limits shall be posted inside the vacation home rental in a location readily visible to all guests.
(6) 
Trash and Refuse. Weekly commercial trash collection must be provided for each vacation home rental. With the exception of trash properly deposited in proper trash collection receptacles, accumulation of trash and debris outside of the vacation home rental at any time is prohibited.
(7) 
Signs. Advertising for a vacation home rental is limited to a sign not exceeding three square feet, as outlined in Section 18.25.290(1) of the zoning code.
(8) 
Advertisements. In any advertisement of the vacation home rental, a host must include the business license number issued by the city.
(9) 
Local Emergency Contact. Operators shall post telephone contact information for a 24-hour emergency local contact at each site. The point of contact shall be a person with authority and ability to immediately address emergencies and or neighborhood impacts, and who maintains the ability to be physically present within 60 minutes of contact by code compliance, the Mendocino County Sheriff, or the guest(s). The operator shall identify this person on its permit application.
(10) 
Emergency Communications. If located in an area with inadequate cellular service, each vacation home rental shall contain a working landline phone, Voice Over Internet Protocol, or monitored alarm system.
(11) 
Smoke and Carbon Monoxide Alarms. Smoke alarms and carbon monoxide alarms, in good working order, shall be installed and maintained in accordance with the California Building Code.
(12) 
Fire Extinguishers. Each vacation home rental shall be equipped with at least one five-pound fire extinguisher, type 3-A:40-B:C, installed at a readily available location near the kitchen. If the vacation home rental has more than one level, an extinguisher must be mounted within each level. Fire extinguishers shall be inspected annually by a certified professional to ensure the extinguishers are in good working order.
(13) 
Visible Address. Every vacation home rental must have an address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the vacation home rental unit will not be clearly visible from the street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street.
(14) 
Emergency Exits. A host must provide guests with information related to emergency exit routes if the unit is part of a multifamily building of more than one story.
(15) 
Tax Collection. Transient Occupancy Tax (TOT) shall be collected on all vacation home rentals.
(16) 
Tax Payment Responsibility. If a hosting platform does not collect payment for the rental, hosts are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform does collect payment for rentals, then either the hosting platform or the host shall have legal responsibility for the collection and remittance of the TOT.
(17) 
Limitation on Licenses. To preserve the town character, the city council shall adjust by resolution the number and distribution of licensed vacation home rentals allowed at any one time. The commercial core zoning district is exempt from this requirement. When a license limitation is in effect, any license not utilized within any one year period as evidenced by submittal of TOT will be forfeited.
(18) 
Application Requirements. The operator/host/owner of a vacation home rental shall include the following information in application for the permit to operate:
(a) 
The location of the rental, the identity of the owner of the property and if the operator is not the owner, the identity and contact information for the operator.
(b) 
If the application is not sought by the property owner a declaration signed by the owner designating the agent.
(c) 
Contact information for a 24-hour emergency contact with authority to immediately address emergencies and or neighborhood impacts.
(d) 
The website address or other URL for any and all hosting platforms on which the property will be listed.
(e) 
The type of structure the rental will occur in i.e., single-family residence, apartments, etc.
(f) 
A simple plot plan showing the labeled rooms of the house and on-site parking places. If onsite parking is not available, an alternative parking plan must be provided designating the location of off-street parking, or an in-lieu parking fee must be paid.
(g) 
Proof of existing garbage service and total number of trash receptacles.
(h) 
Number and location of fire extinguishers, smoke and carbon monoxide alarms.
(i) 
In any advertisement of the vacation rental the owner/operator must include the city's business license number.
(j) 
Who will be filing the TOT reports and paying the TOT.
(k) 
A signature certifying that the operator will comply with all permit conditions and the laws of the city of Point Arena.
(Ord. 235 § 1, 2020.)
(1) 
Legal Dwelling Structure. A home-share may only be offered in a space intended for human habitation. For example, a host may not rent a space in an accessory structure that is a storage shed or garage as a home shelter.
(2) 
Parking. At least one dedicated on-site parking space must be provided to serve the home share. If the property does not have on-site parking, the property owner shall have a city approved parking plan, designating the location of off-street parking. In the core commercial zone, an in-lieu parking fee will be paid if off-street parking is infeasible.
(3) 
Signage. A host may not advertise their home-share business in any area that is exterior to the dwelling unit where the home-share is occurring. This includes common interior areas.
(4) 
Advertisement. A host must clearly advertise any home-share unit as a shared space, unless the advertised rental is an accessory structure, in which case the accessory structure may be advertised as a separate unit (aka "entire home/apartment").
(5) 
In any advertisement of the home-share, a host must include the business license number issued by the city.
(6) 
Residency required. No person shall provide or offer for rent any licensed home-share dwelling unit, in whole or in part, unless the primary resident is living onsite at the residence throughout the stay. Violating this section may result in the forfeiture of the home share license.
(7) 
Hosting Platform. A home-share host must provide the city of Point Arena with the Uniform Resource Locator (URL), (i.e. the website address) for any and all hosting platforms on which the property will be listed on the business license application.
(8) 
Emergency Exits. A host must provide guests with information related to emergency exit routes if the unit is part of a multifamily building of more than one story.
(9) 
Tax Collection. Transient Occupancy Tax (TOT) shall be collected on all home-shares.
(10) 
Tax Payment Responsibility. If a hosting platform does not collect payment for the rental, hosts are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform does collect payment for rentals, then either the hosting platform or the host shall have legal responsibility for the collection and remittance of the TOT.
(11) 
Limitation on Licenses. No person or entity may operate more than one home-share property within the city of Point Arena.
(12) 
ADU/JADU Prohibition. Accessory dwelling units and junior accessory dwelling units created by a ministerial permit under Government Code Section 65852.2e are prohibited from use as short term rentals.
(13) 
Application Requirements. The operator/host/owner of a home-share shall include the following information in application for the license to operate:
(a) 
Address where the home-share will take place and the type of dwelling (i.e. single family, apartment, etc.).
(b) 
Whether the home-share will take place in a dwelling created as an accessory dwelling unit or junior accessory dwelling unit.
(c) 
A simple plot plan showing the labeled rooms of the house and on-site parking places. If onsite parking is not available, an alternative parking plan must be provided designating the location of off-street parking, or an in-lieu parking fee must be paid.
(d) 
Proof of existing garbage service and total number of trash receptacles.
(e) 
Number and location of fire extinguishers, smoke and carbon monoxide alarms.
(f) 
Whether the applicant is a tenant or owner of the dwelling unit.
(g) 
The total number of full-time residents of the dwelling unit.
(h) 
A list of all persons or the entity that will be hosting.
(i) 
Contact information for each person or the entity that will be hosting (e.g. email, cellphone, etc.).
(j) 
The website address or other URL for any and all hosting platforms on which the property will be listed.
(k) 
A signature certifying that the host will comply with all permit conditions and laws of the city of Point Arena.
(l) 
Who will be filing the TOT reports and paying the TOT.
(m) 
Proof of Residency. Acceptable forms of proof include: copy of a current utility bill, cable bill, phone bill, credit card bill or bank statement showing your name and current Point Arena residential address. Leases or rental agreements may not be accepted as proof.
(Ord. 235 § 1, 2020.)
(1) 
The hosting platform shall report annually to the city in an electronic comma-delimited format or similar format such as MS Excel, the following information:
(a) 
The number of active hosts;
(b) 
Typical host earnings (annual);
(c) 
Typical nights booked for listings (annual);
(d) 
Total inbound guest arrivals;
(e) 
Total outbound guests;
(f) 
Average trip length (days);
(g) 
Average group size (people);
(h) 
If the hosting platform collects payment for the rental, either the hosting platform or the host shall have legal responsibility for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis.
(i) 
A hosting platform must provide its City of Point Arena host clients or potential host clients the following disclosure:
"On (adoption date), the Point Arena City Council adopted the vacation home rental and Home Share Rental Ordinance specifying that a Business License is required to operate a vacation home rental or Home Share in the city of Point Arena. Hosts are also required to collect and remit Transient Occupancy Tax (TOT) if not collected and remitted by the hosting platform."
(Ord. 235 § 1, 2020.)
(1) 
When the city manager finds that a licensee has violated or continues to violate any provision of this chapter, their license, or applicable state or local law, the city manager may suspend or revoke the license. Any licensee notified of a suspension of its license shall immediately discontinue operating the short-term rental.
(2) 
The city manager may revoke a short-term rental license for good cause including, but not limited to, the following reasons:
(a) 
Failure to timely address neighborhood impacts and police callouts to the short-term rental.
(b) 
Failure to pay any fees, charges, or fines associated with or incurred by operation of the short-term rental.
(c) 
Violation of any short-term rental permit condition, term, or any provision of this chapter or of any other applicable local or state law.
(3) 
A licensee may appeal a revocation or suspension to the city manager within 10 days of such decision, action, or determination, setting forth in detail the facts supporting the licensee's request for reconsideration. The city manager shall schedule a meeting with the licensee to consider the reconsideration request and make a final determination with 15 days.
(4) 
A licensee may appeal the city manager's reconsideration determination to the city council by submitting a written request for appeal to the city clerk within 10 days after notification of the city manager's decision. The written appeal shall be heard by the city council within 60 days from the date of filing. The city manager's decision shall remain in effect during the period of appeal.
(5) 
Permits shall be voidable upon non-use, cessation of activity, upon change of ownership of the dwelling unit or upon such other cause as set forth in regulations adopted by the resolution of the city council.
(6) 
If any section, subsection, or clause of this chapter is for any reason held invalid or unconstitutional the decision does not affect the remaining portions of the chapter.
(7) 
This chapter creates a regulatory framework to ensure that the leasing of short-term rentals of existing housing stock does not negatively impact residential neighborhoods or the availability of existing or new housing stock. The primary effect of the program is to limit the expansion of the activity to its current level and thereby establishes a limit on current conditions. Consequently, it can be seen with certainty that the enactment of the ordinance codified in this chapter will not have a significant impact on the environment or violate the California Environmental Quality Act.
(Ord. 235 § 1, 2020.)