It is unlawful and a violation of this chapter, and is hereby
declared a public nuisance, for any person or entity owning, renting,
leasing, occupying, or having charge, control or possession of any
real or improved property within the city of Placentia to cause, permit,
maintain or allow any violation of this chapter to exist thereon.
Any violation of this chapter is punishable as a misdemeanor and/or
as otherwise permitted by this code. Each and every violation of this
chapter that exists constitutes a separate and distinct violation
as does each and every day, or portion thereof that any violation
exists.
(Ord. O-2019-06 § 1, 2019)
The following words and phrases, whenever used in this chapter,
shall have the meaning defined in this section unless the context
clearly requires otherwise:
means the act of drawing the public's attention to
a short-term rental in order to promote the availability of the residence
for use as a short-term rental. Said advertising may be found in any
medium, including, but not limited to, newspaper, magazine, brochure,
website, or mobile application.
means any reservation and/or payment service provided by
a person or entity that facilitates a short-term rental transaction
between an owner and a prospective occupant, and for which the person
or entity collects or receives, directly or indirectly through an
agent or intermediary, a fee in connection with the reservation and/or
payment services provided for the short-term rental transaction.
means the city of Placentia.
means the Placentia Municipal Code.
means a residential development that is subject to the Davis-Stirling
Act of the state of California, and where there exists a common area
owned by an association or owners of separate interests, there has
been recorded a declaration and final subdivision map, there has been
conveyed to each homeowner a separate interest coupled with an interest
in the common area or membership in the association, and there is
a board of directors elected by the association of homeowners.
means a document prepared by the city, as may be revised
from time to time, that summarizes the general rules of conduct, consideration
and respect pertaining to the use and occupancy of the short-term
rental units.
means a person or entity that participates in the short-term
rental business by providing, and collecting or receiving a fee for,
booking services through which an owner may offer premises for an
occupant on a short-term basis. Hosting platforms usually, though
not necessarily, provide booking services through an online platform
that allows an owner to advertise the premises through a website provided
by the hosting platform and the hosting platform conducts a transaction
by which potential occupants arrange their use and their payment,
whether the wouldbe occupant pays rent directly to the owner or to
the hosting platform. Hosting platform also means a marketplace that
is created for the primary purpose of facilitating the short-term
rental of a residential unit offered for occupancy for tourist or
transient use for compensation to the offeror of that unit, and the
operator of the hosting platform derives revenues, including booking
fees or advertising revenues, from providing or maintaining that marketplace.
"Facilitating" includes, but is not limited to, the act
of allowing the offeror of the residential unit to offer or advertise
the residential unit on the Internet website provided or maintained
by the operator.
means the person designated by the owner, or owner's
authorized agent, who shall be available 24 hours per day, seven days
per week for the purpose of: (1) responding within one hour to complaints
regarding the condition, operation, or conduct of occupants of the
short-term residential rental unit; and (2) taking any remedial action
necessary to resolve any such complaints.
means a person, firm, or agency representing the owner of
the short-term residential rental, or a person, firm, or agency owning
or operating more than one short-term residential rental.
means any entity which has written and valid contractual
jurisdiction and authority to act on behalf of common interest developments
and to exclusively manage all short-term residential rentals within
that entire common interest development, as defined in this section,
and development and promptly respond in the event of short-term residential
rental violations or problems.
means the ownership or controlling interest of any number
of real properties in excess of one residential property in the city
used for purposes of short-term residential rentals as defined in
this chapter.
means any individual person living, sleeping or possessing
a building, or portion thereof. A person is not required to be paying
rent, providing in-kind services, or name in any lease, contract or
other legal document to be considered an occupant.
means any person or entity having fee-title ownership and/or
appearing on the last equalized assessment roll of Orange County showing
controlling interest of the premises.
means an individual or business entity, or their representative,
appointed by an owner to solicit applications, execute agreements,
or otherwise act on owner's behalf in the rental of property
as a short-term residential rental.
means the actual single-family house or other residential
dwelling unit, including all of its improved real property, which
is used as a short-term residential rental.
means the signatory of a short-term rental agreement for
the use and occupancy of a short-term rental unit, who shall be an
occupant of the subject short-term rental unit, and is legally responsible
for ensuring that all occupants of the short-term rental unit, and/or
their guests, comply with all applicable laws, rules and regulations
pertaining to the use and occupancy of subject short-term rental unit,
and who may be held liable for any violation of all applicable laws,
rules and regulations set forth in this chapter.
means the rental of a residential dwelling unit by the owner
thereof to another party for a continuous period of 29 days or less,
in exchange for any form of monetary or non-monetary consideration
such as, but not limited to, trade, fee, swap or any other in lieu
of cash payment; and also means "hotel" as that term is
defined in Section 3.20.10 of this code.
means the tax levied by the city in accordance with Chapter 3.20 of this code. This tax is levied upon individuals or businesses engaged in the sale of sleeping accommodations to the public.
(Ord. O-2019-06 § 1, 2019)
(a)
Pursuant to this chapter and any other applicable provisions of this code, short term residential rentals are permitted in those zones identified in Chapter 23.71 only if the requirements of this chapter are met.
(b)
The
requirements of this chapter shall be met before a short-term residential
rental of a premises is permitted.
(c)
Pursuant
to this chapter and any other applicable provisions of this code,
multiple rentals under one short-term residential rental permit are
prohibited. Each short-term residential rental shall require a unique
permit and business license.
(d)
Notwithstanding
any provisions in this chapter to the contrary, short-term residential
rentals shall be permitted pursuant to business licenses and short-term
residential rental permits issued by the city in any new development
containing at least 10 residential units, unless the city council
expressly prohibits short-term residential rentals in a development
agreement or as a condition in a use permit.
(Ord. O-2019-06 § 1, 2019)
(a)
Business License Required for Short-Term Residential Rentals. The short-term residential rental of any premises in the city is deemed to be a "business" as defined in Chapter 6.04 of this code. It is unlawful for any person or entity, including, without limitation, the owner of a premises and managing agency or agent, to engage in the business of short-term residential rentals without first obtaining and maintaining both a valid business license from the city pursuant to Chapter 6.04 of this code for the purpose of operating any number of short-term residential rentals and an operating permit for each property to be used as a short-term residential rental. The business license and operating permit or copy thereof shall be prominently displayed in a visible location at the short-term residential rental premises during any periods of occupancy thereof by any person other than the owner(s) of the premises. At no time shall the short-term residential rental be used for temporary activities such as weddings, receptions, and large parties attended by more than the occupants of the short-term residential rental.
(b)
Penalty for Violation. Failure to obtain and maintain a business license or continuing to operate a short-term residential rental business after suspension or revocation of a business license, knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring a business license for short-term residential rentals, or failing to pay the full amount of any business license tax when due, shall be punishable in accordance with the provisions of Section 6.04.240 of this code. An action against an owner or any permittee of a business license for short-term residential rentals who is in violation of any of the provisions of this section may be brought pursuant to Chapter 8.06 or Section 6.04.240 of this code, in addition to the business license suspension and revocation proceedings described in Section 6.45.160. Nothing herein shall be construed to limit the city's right to pursue any and all code enforcement or any and all available remedies at law.
(Ord. O-2019-06 § 1, 2019)
(a)
On
a written form prepared by the director of development services or
designee, of the city, the owner shall register with the city as the
point of contact for the short-term residential rental premises and
shall be responsible for all requirements of this chapter. However,
such registration is deemed satisfied if accomplished by a managing
agency or agent on behalf of the owner. The owner of the premises
shall retain primary responsibility for all requirements of this code
related to short-term residential rentals, notwithstanding registration
by a managing agency or agent. There shall be no subleasing of any
premises for short-term residential rental purposes; instead, only
a rental agreement executed by the owner shall be permitted for any
premises when used for short-term residential rentals. A fee may be
established by resolution of the city council to cover costs of processing
the registration. Either the owner of the premises or a managing agency
or agent shall provide all of the following information to the city
at the time of registration, and shall promptly upon change of any
such information update such information to maintain accuracy:
(1)
Full legal name of the owner of the premises and if a business entity
or trust, the individual who has responsibility to oversee its ownership
of the premises; and
(2)
Street and mailing addresses of the owner of the premises; and
(3)
Telephone number of the owner of the premises; and
(4)
Email address of the owner of the premises; and
(5)
Full legal name or business name of a managing agency or agent, if
any; and
(6)
Street and mailing addresses of a managing agency or agent, if any;
and
(7)
Telephone number of a managing agency or agent, if any; and
(8)
Street and mailing addresses of the short-term residential rental
premises; and
(9)
Telephone number of the short-term residential rental premises; and
(10)
List of all online websites used to advertise premises for short-term
residential rental along with all listing numbers; and
(11)
Full name and telephone number of 24-hour emergency local contact
person; and
(12)
Submit a transit occupancy tax (TOT) registration fee as set by resolution
of the Placentia city council; and
(13)
Submit a short-term residential rental registration fee as set by
resolution of the Placentia city council; and
(14)
Any other contact information the city may reasonably require; and
(15)
Provide the uniform resource locator (URL), (i.e. the web site address)
for any and all advertisements of the short-term residential rental;
and
(16)
Proof of insurance.
(b)
A
current business license, TOT registration and Good Neighbor Brochure
shall be hung and/or placed in a conspicuous location within the premises
at all times of the short-term residential rental business operation.
In addition, each responsible person for the premises shall be provided
with a copy of the city's Good Neighbor Brochure by the owner
or managing agency or agent.
(c)
The
owner or managing agency or agent shall provide language in their
rental agreement allowing for immediate termination of the rental
contract, and immediate eviction upon any violation of the municipal
code by any occupant. The responsible person shall acknowledge understanding
of all Placentia short-term residential rental rules and their liability
for any fines incurred by occupants.
(d)
Upon
successful registration, the city may issue a short-term residential
rental operating permit to the owner of the premises on a first in
time and first in right basis. Notwithstanding any provisions of this
code to the contrary, the city reserves the right to deny a short-term
residential rental permit to an applicant if it is determined that
the geographic area within a 300 foot radius of the premises being
considered for registration has an overconcentration of short-term
residential rental uses.
(Ord. O-2019-06 § 1, 2019)
(a)
For each short-term residential rental, a local contact person shall be available by telephone on a seven day per week, 24 hour per day basis to respond to public safety calls, nuisances, or other complaints regarding the use, condition, operation, or conduct of occupants on the premises. The local contact person shall respond within one hour to satisfactorily correct any alleged nuisance or violation of this chapter by occupants occurring at the premises. If the Local contact person does not respond within one hour or does not satisfactorily correct the alleged nuisance or violation pertaining to the call, the owner shall be subject to citation pursuant to Section 6.45.170 of this code.
(b)
The
local contact person shall be physically present within the geographical
limits of the city during the term of the short-term residential rental
or be otherwise physically available to respond by visiting the premises
in person, at the request of the city or the city's police authority,
within one hour of contact concerning any alleged nuisance or violation
of this chapter.
(Ord. O-2019-06 § 1, 2019)
The owner or managing agency or agent shall provide the responsible
person of a short-term residential rental with the following information
prior to occupancy of the premises and shall post such information
in a conspicuous place within the dwelling on the premises:
(a)
The
name of the owner or managing agency or agent and a telephone number
at which each may be reached on a seven day per week, 24 hour per
day basis; and
(b)
Notification
of the maximum number of overnight and daytime occupants permitted
on the premises pursuant to this chapter; and
(c)
Notification of the city's noise standards, as provided in Chapter 23.76 of this code, as may be amended from time to time; and
(d)
Notification
of the parking standards of this chapter; and
(e)
A
copy of this chapter of the Placentia Municipal Code, as may be amended
from time to time; and
(f)
Notification
that an occupant may be cited or fined by the city, in addition to
any other remedies available at law, for violating any provisions
of this chapter; and
(g)
A
copy of the "Good Neighbor Brochure;" and
(h)
The
owner or managing agency or agent shall keep on file a signed agreement
acknowledging that the responsible person and occupants agree to the
general rules summarized in the Good Neighbor Brochure and rental
contract, including without limitation, the immediate termination
provision in the rental contract for any violation of the municipal
code by any occupant.
(Ord. O-2019-06 § 1, 2019)
All short-term residential rentals shall be subject to the city's transient occupancy tax (TOT) as required by Chapter 3.20 of this code. The owner or managing agency or agent shall report and remit TOT to the city, even if a zero balance exists for the reporting period, once per quarter, on or before the 30th day following the dates of March 31, June 30, September 30, and December 31 of each year, on a form prepared by the city or in a manner otherwise acceptable to the city. Any owner(s) or managing agency or agent on behalf of owner(s), who fails to report and remit TOT, or submit a form indicating a zero balance, concerning a premises with a registered operating permit, subject to Section 6.45.040 of this code, within three days of written notification of delinquency from the city, shall have their operating permit for the subject premises revoked. Such written notification will be mailed by Certified U.S. Mail to the address(es) provided to the city pursuant to Section 6.45.050 of this code.
(Ord. O-2019-06 § 1, 2019)
(Ord. O-2019-06 § 1, 2019)
(a)
(b)
No
owner, managing agent, person, entity, responsible party, or hosting
platform shall advertise a short-term residential rental situated
within the city that is not licensed pursuant to this chapter. All
hosting platforms shall provide the following information in a notice
to any owner listing a short-term rental located within the city of
Placentia through the hosting platform's service. The notice
shall be provided prior to the owner listing the premises and shall
include the following information: THE "SHORT-TERM RESIDENTIAL
RENTALS" CHAPTER OF THE PLACENTIA MUNICIPAL CODE PROHIBITS THE
SHORT-TERM RENTAL OF RESIDENTIAL PREMISES WITHIN THE CITY OF PLACENTIA
UNLESS THE CITY HAS ISSUED BOTH A BUSINESS LICENSE AND OPERATING PERMIT,
AND THE OWNER PAYS TRANSIENT OCCUPANCY TAX. The operating permit license
number assigned by the city to a short-term residential rental must
by displayed on any hosting platform's website where said short-term
rental is advertised. Each short-term residential rental shall have
a unique operating permit number.
(Ord. O-2019-06 § 1, 2019)
It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of the premises to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, or violates any provision of Chapter 10.32 (Noise), or Chapter 23.76 (Noise Control) of this code. For the purposes of determining whether a violation of this section has occurred, the standards set forth in Chapter 10.32 and/or Chapter 23.76 of this. Fines for violation of the noise provisions in the municipal code, as applicable to short-term code shall apply residential rentals shall be those established pursuant to Section 6.45.170 of this code.
Sound amplification, either inside or outside the short-term
rental is prohibited.
(Ord. O-2019-06 § 1, 2019)
The maximum overnight occupancy on the premises of the short-term
residential rental, from the hours of 11:00 p.m. through 6:00 a.m.
on the following morning, shall not exceed two persons per bedroom
with an exception for children under the age of six who may additionally
occupy the premises, and no additional occupants shall be permitted
on the premises during such hours. In any advertising concerning the
premises for short-term residential rental, the owner or managing
agency or agent shall advertise the maximum number of overnight occupants
allowed as set forth above.
(Ord. O-2019-06 § 1, 2019)
(a)
The
appearance of the premises shall not conflict with the residential
character of the neighborhood, either by the use of colors, materials,
lighting, landscaping, window coverings or otherwise. All applicable
development, design, and landscaping standards, including, but not
limited to, Title 23 of this code, are expressly made applicable to
a premises used for short-term residential rentals.
(b)
Trash
and refuge shall be stored outside of public view, except in proper
trash containers for the purpose of collection of the trash haulers
during the day the trash is collected.
(c)
Occupants
shall not utilize any vehicle, tent, or other portable structure for
a dwelling unit on the grounds of the premises.
(d)
Premises
may only be used for residential lodging and shall not be used for
weddings, receptions, commercial functions, advertised conferences,
or similar purposes. The condition of the premises shall comply with
all applicable fire, building and other health and safety laws, including
all required building and fire permits; and owner shall consent to
inspection by the city upon request to verify compliance with the
city's short-term residential rental requirements.
(Ord. O-2019-06 § 1, 2019)
The duration of any lease or rental of premises as a short-term residential rental registered pursuant to Sections 6.45.040 and 6.45.050 of this code shall be for a minimum of one night and two consecutive days during which time there shall be no overlapping leases or rental of the premises. In any advertising concerning the availability of the premises for short-term residential rental, the owner or managing agency or agent shall advertise the minimum number of rental nights and days set forth in this subsection.
(Ord. O-2019-06 § 1, 2019)
During the term of any short-term residential rental, a maximum
of one vehicle per bedroom shall be permitted for the premises, and
no additional vehicles shall be permitted. All vehicles of occupants
of the short-term residential rental shall be parked only in an approved
driveway or garage on the premises.
(Ord. O-2019-06 § 1, 2019)
(a)
Grounds
for Revocation. In addition to any other penalty authorized by law,
a permit and business license for a short-term residential rental
may be revoked by the city if the director of development services
finds, after notice to the licensee and opportunity to be heard, that
the licensee or his or her agent or employee has violated, or failed
to fulfill, the requirements of this chapter or this code, the director
of development services, or designee, shall immediately revoke all
rental permits from the owner and managing agency or agent upon three
violations of this chapter pertaining to any combination of premises
owned by the owner or managed by the owner's managing agency
or agent within the city within any 12 month period.
(b)
Appeal from denial, suspension or revocation of a business license for short-term residential rental. Any applicant for a business license for the business of short-term residential rentals whose application was denied by the director of development services, and any licensee whose business license for a short-term residential rental is suspended or revoked by the director of development services, may, within 10 days following such decision, appeal such decision to the planning commission, in which event the decision of the director of development services shall be vacated and the planning commission shall determine whether to affirm, reverse, or modify the decision of the director of development services in accordance with the requirements for short-term residential rentals set forth in this chapter. At least 14 days prior to the planning commission's meeting to consider the appeal of the applicant or licensee, the director of development services, city clerk, or authorized designee, shall send, by United States mail, certified, return receipt requested, written notice to the applicant or licensee of the time and place at which the planning commission will consider the application, suspension or revocation, and the applicant or licensee shall be provided an opportunity to be heard by the planning commission prior to its decision being made. Subject to any appeal of the city council as hereinafter permitted, the decision of the planning commission shall be final, and the city clerk shall notify the applicant or licensee, as applicable, in writing of the decision of the planning commission. If the planning commission affirms the decision of the director of development services denying an application or suspending or revoking a license, the applicant or licensee shall have the right to appeal the decision of the planning commission to the city council in accordance with the provisions of Chapter 23.87 of this code, as amended from time to time. The decision of the planning commission shall not be vacated during the pendency of any appeal to the city council.
(Ord. O-2019-06 § 1, 2019)
(a)
The
city, may issue an administrative citation to any occupant, invitee,
renter, lessee or owner of the premises, or managing agency or agent,
and/or hosting platform for a violation of any provision of this chapter.
(b)
All complaints against a short-term residential rental for any violation of this code may be handled by the city on a 24-hour basis. Any police report where the city's police authority has concluded that a violation of this chapter has occurred, may be submitted to the city's code enforcement department for review, processing and issuance of an administrative citation. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation for which an administrative citation may be issued. Such an administrative citation shall be issued, notice given, and any appeals heard by the processes and in the manner prescribed by Sections 8.06.010 through 8.06.180 of this code, as amended from time to time.
(c)
In
addition or in the alternative, any violation of this chapter may
constitute a misdemeanor which may be subject to the maximum punishment
therefor as allowed by law.
(d)
Responsible
Person (Renter). The city may issue and the responsible person for
each short-term residential rental may receive an administrative citation
for any violation of this chapter, or any other provision of this
code which is violated during a short-term residential rental including,
without limitation, the city's noise ordinance, as follows:
(e)
Owner. The city may issue and the owner may receive an administrative citation for any violation of this Chapter 6.45, or any other provision of this code which is violated during a short-term residential rental including, without limitation, the city's noise ordinance, by the owner or short-term residential rental occupant, as follows:
(1)
First violation — Warning by city;
(2)
Second and subsequent violations within any 12 month period, other
than operating without a business license or short-term residential
rental permit — $500 fine for each violation, and permanent
revocation of business license and short-term residential rental permit;
(3)
Second violation of operating without a business license or short-term
residential rental permit and permanent prohibition against receipt
of a business license and short-term residential rental permit —
One thousand dollar ($1,000.00) fine.
(Ord. O-2019-06 § 1, 2019)
Any master association, acting on behalf of owners of premises within a country club, may choose to operate short-term residential rentals, and if so shall register premises for operation as a short-term residential rental pursuant to the requirements of Section 6.45.050, In such event, short-term residential rentals registered by the master association shall not be restricted by any minimum duration of rental as otherwise set forth in Section 6.45.140.
(Ord. O-2019-06 § 1, 2019)
(Ord. O-2019-06 § 1, 2019)
A common interest development, separate and apart from a master
association, may allow short-term residential rentals for a minimum
number of consecutive nights and days as determined by its governing
board and owners of premises therein, provided it satisfies all of
the following:
(1)
The
governing board of the common interest development shall propose the
issue of allowing the proposed specific minimum consecutive night
and day short-term residential rentals by a formal election/vote of
all owners of premises within the common interest development.
(2)
At
least a majority of those members voting from within the common interest
development shall have, by recorded vote, approved the proposal.
(3)
The
governing board of the common interest development shall file with
the city's director of development services written certification
of the results of such election/vote, signed by the president or chair
of the governing board and in a form and substance approved by the
director of development services in his/her discretion.
(4)
Upon filing a certification with the city that the proposal was approved, short-term residential rentals within the common interest development shall not be restricted by the minimum duration of rental as set forth in Section 6.45.140, but may be operated for any minimum duration established by the above described vote.
(5)
A common interest development may repeal this authority by following the election/voting procedures set forth in subsections (1)-(4) above. If this authority is repealed, all short-term residential rental permits and business licenses issued to owners in the common interest development shall remain valid and in effect, but shall automatically be deemed to be amended to allow a minimum duration of 29 nights (28 nights in February of non-leap years), as set forth in Section 6.45.140.
(6)
If a common interest development has not chosen to allow short-term residential rentals for a minimum duration of less than that set forth in Section 6.45.180, individual owners within the common interest development may apply for a short-term residential rental permit for their own premises in accordance with Section 6.45.180.
(Ord. O-2019-06 § 1, 2019)
Hosting platforms are prohibited from facilitating the short-term
residential rental of unlicensed and illegal businesses. Hosting platforms
shall not process transactions for properties that are not licensed
and permitted by the city. Hosting platforms shall not facilitate
the evading of relevant taxes and regulations by any short-term residential
rental.
Owners and/or managing agents and/or agents and/or operators
of an unlicensed short-term residential rental are expressly prohibited
from operating in the city and are illegal and are prohibited from
being marketed as short-term residential rentals available for lodging
within the city.
(Ord. O-2019-06 § 1, 2019)
(Ord. O-2019-06 § 1, 2019)
