For purposes of this Chapter, the following words or phrases
shall have the following meanings:
"Accessory dwelling unit" shall have the same meaning as set forth in Section 9.21.020(A). An accessory dwelling unit that received its building permit on or after March 31, 2017, constitutes a separate dwelling unit for purposes of this Chapter.
Any habitable space in a dwelling unit other than a kitchen
or living room that is intended for or capable of being used for sleeping,
is at least seventy square feet in area, is separated from other rooms
by a door, and is accessible to a bathroom without crossing another
bedroom.
Any reservation or payment service provided by a person who
facilitates a home-sharing or vacation rental transaction between
a prospective visitor and a host.
One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single-family residence, and each unit of an apartment, duplex, or multiple dwelling structure designed as a separate habitation for one or more persons, but does not include units located within City-approved hotels, motels, and bed and breakfasts, as defined in Section 9.51.030(B)(15). Notwithstanding anything to the contrary in Section 9.21.020(A), for purposes of this Chapter, an accessory building shall be considered part of the principal dwelling unit if it is located on the same parcel as the principal building.
Any natural person who: (1) is either: (i) a long-term resident
of a dwelling unit, or (ii) an owner of a dwelling unit; and (2) uses
that dwelling unit as his or her primary residence.
Renting for a period of thirty consecutive days or less,
one or more bedrooms in a dwelling unit that is the primary residence
of the host, while the host lives on site, in the dwelling unit, throughout
the visitors' stay. A dwelling unit rented out for home-sharing is
referred to as a "home-share."
Any natural person who is an eligible resident of a dwelling
unit offered for use as a home-share.
A person who participates in the home-sharing or vacation
rental business by collecting or receiving a fee, directly or indirectly
through an agent or intermediary, for conducting a booking transaction
using any medium of facilitation.
Maintains a physical presence in the dwelling unit, including,
but not limited to, sleeping overnight, preparing and eating meals,
and engaging in other activities in the dwelling unit, of the type
typically maintained by a natural person in the dwelling unit in which
he or she is an eligible resident.
Any natural person who, as of the date a home-share application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling unit that is the subject of the home-share application as his or her primary residence for at least the prior twelve months; and (2) has either: (i) if the natural person is a tenant, subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit for a period of twelve months or more after the date the home-share application is submitted, or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee, written documentation establishing that the natural person will reside at the dwelling unit for a period of twelve months or more after the date the home-share application is submitted.
Any person who, alone or with others, has legal or equitable
title to a dwelling unit. A person whose interest in a dwelling unit
is solely that of a tenant, subtenant, lessee, or sublessee under
an oral or written rental housing agreement shall not be considered
an owner.
Any natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, or organization
of any kind.
The usual place of return for housing of an owner or long-term
resident as documented by at least two of the following: motor vehicle
registration, driver's license, California State identification card,
voter registration, income tax return, property tax bill, or a utility
bill. A person can only have one primary residence.
Renting for a period of thirty consecutive days or less any
dwelling unit, in whole or in part, for exclusive transient use. Exclusive
transient use shall mean that no eligible resident of the dwelling
unit lives on site, in the dwelling unit, throughout any visitor's
stay. Rentals of units located within City-approved hotels, motels,
and bed and breakfasts shall not be considered vacation rentals.
A natural person who rents a home-share or vacation rental.
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17; Ord. No. 2547CCS § 1,
adopted 6/27/17; Ord.
No. 2616CCS § 1, adopted 9/24/19; Ord. No. 2748CCS § 1,
adopted 5/23/23)
(a)
Notwithstanding
any provision of this Code to the contrary, home-sharing shall be
authorized in the City, provided that the host complies with each
of the following requirements:
(1)
Obtains and maintains at all times a City home-sharing permit issued pursuant to this Chapter and a business license issued pursuant to Chapter 6.04.
(2)
Operates the home-sharing activity in compliance with all permit
conditions for home-sharing as set forth in Section 6.20.21 and any
regulations promulgated pursuant to this Chapter.
(3)
Collects and remits Transient Occupancy Tax ("TOT"), in coordination with any hosting platform if utilized, to the City and complies with all City TOT requirements as set forth in Chapter 6.68 of this Code.
(4)
Takes responsibility for and actively prevents any nuisance activities
that may take place as a result of home-sharing activities.
(5)
Ensures that basic health and safety features are provided, including
fire extinguishers, smoke detectors, and carbon monoxide detectors.
(6)
Does not book or rent to more than two groups of visitors for any
given date, whether the visitors within the groups are related to
one another or not.
(7)
Limits the occupancy of the home-share (including the host, all other
eligible residents, and all visitors) to the lesser of: (i) ten persons;
(ii) one person per two hundred square feet of the dwelling unit;
or (iii) two persons (excluding minor children) per bedroom.
(8)
Limits visitors to: (i) no more than one vehicle per bedroom rented as part of the home-share; or (ii) if the home-share is located in a preferential parking zone, no more than two vehicles that shall be required to use the visitor permits available under Chapter 3.08 of this Code. A visitor's vehicle may be parked on site, to the extent available, or in legal street parking.
(9)
Maintains liability insurance to cover home-sharing with minimum
limits of not less than five hundred thousand dollars or conducts
each home-sharing transaction through a hosting platform that provides
equal or greater coverage.
(11)
Complies with all applicable laws, including the noise limitations set forth in Chapter 4.12 of this Code, and all health, safety, building, fire protection, and rent control laws.
(12)
Complies with all regulations promulgated pursuant to this Chapter.
(b)
All
hosts and their respective properties, authorized by the City for
home-sharing purposes pursuant to this Section, shall be listed on
a registry created by the City and updated periodically by the City.
The City shall publish the registry, and a copy shall be sent electronically
to any person upon request.
(c)
If
any provision of this Chapter conflicts with any provision of the
Zoning Ordinance codified in Article IX of this Code, the terms of
this Chapter shall prevail with respect to interpretation and enforcement
of this Chapter.
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17)
(a)
Application Required. To obtain a home-sharing permit for
a dwelling unit, a host shall submit an application on a form to be
provided by the City and signed by the host under penalty of perjury.
The application for the home-sharing permit shall include the following
information:
(1)
Address of the proposed home-share;
(2)
Type of dwelling unit;
(3)
Whether the applicant is an owner or long-term resident;
(4)
If applicable, proof that the applicant is a long-term resident;
(5)
Proof that the proposed home-share is the primary residence of the
applicant;
(6)
The name and contact information for any other eligible residents
of the proposed home-share who will be serving as hosts, together
with proof that each identified host is an eligible resident of the
proposed home-share;
(7)
The square footage of the proposed home-share;
(8)
The number of bedrooms in the proposed home-share;
(9)
The maximum number of visitors per night, which shall not exceed the maximum permitted in accordance with Section 6.20.020(a)(6);
(10)
Proof of insurance;
(11)
Certification that the host will comply with all provisions of this
Chapter and all regulations promulgated pursuant to this Chapter or
be subject to the revocation of his or her home-sharing permit and
business license; and
(12)
Any other information required by regulations promulgated pursuant
to this Chapter.
(b)
Application Fee. The initial application and each renewal
application for a home-sharing permit shall be accompanied by an application
fee to be established by resolution by the City Council.
(c)
Duty to Amend Application. If there are any material changes to the information submitted on a home-sharing permit application, the host shall submit an amended application on a form to be provided by the City and signed by the host under penalty of perjury within thirty days of any such changes. For the purposes of this Section, any change to the information required to be included in a home-sharing permit application by subsection (a) of this Section shall constitute a material change. Failure to submit an amended home-sharing permit application may result in revocation of the home-sharing permit and business license.
(d)
Term of Permit. Notwithstanding any provision of this Code
to the contrary, any home-sharing permit shall be effective for same
period as the term of the host's business license.
(e)
Renewal of Permit. A host may renew his or her home-sharing permit by submitting a completed permit renewal application on a form to be provided by the City and signed by the host under penalty of perjury. The permit renewal application shall include all of the information required by subsection (a) of this Section.
(f)
No Transfer or Assignment. A home-sharing permit may not be
assigned or transferred to any other person.
(Added by Ord. No. 2616CCS §
1, adopted 9/24/19)
(a)
The
host shall include the following information in any advertisement
for home-sharing:
(1)
The business license number issued by the City;
(2)
That the host lives on site and will be present in the home-share
throughout the visitor's stay;
(3)
The permitted occupancy of the home-share as specified in the home-sharing
permit application;
(4)
The permitted number of visitor vehicles, in accordance with Section 6.20.020(a)(8);
(5)
That the home-share cannot be booked or rented to more than two groups
of visitors for any given date, whether the visitors within the groups
are related to one another or not; and
(6)
Any other information required by regulations promulgated pursuant
to this Chapter.
(b)
A
host is limited to posting no more than two listings for the home-share
on each hosting platform or other media outlet. If a host posts a
listing for the home-share on multiple hosting platforms or other
media outlets, only two listings may be booked for any given date.
(c)
No
advertisements regarding the availability of a dwelling unit for home-sharing
shall be posted in or on any exterior area of the dwelling unit, any
exterior area of any other dwelling unit on the same lot, or the lot
on which the dwelling unit is located.
(Added by Ord. No. 2616CCS §
1, adopted 9/24/19)
(a)
No
person shall undertake, maintain, authorize, aid, facilitate or advertise
any vacation rental or any home-sharing that does not comply with
this Chapter. For the purposes of this Section only, person does not
include a hosting platform.
(b)
No
host may be the host for more than one home-share.
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17; Ord. No. 2616CCS § 1,
adopted 9/24/19)
(a)
Hosting platforms shall be responsible for collecting all applicable TOTs and remitting the same to the City. The hosting platform shall be considered an agent of the host for purposes of TOT collections and remittance responsibilities as set forth in Chapter 6.68 of this Code.
(b)
Subject
to applicable laws, hosting platforms shall disclose to the City on
a regular basis each home-sharing and vacation rental listing located
in the City, the names of the persons responsible for each such listing,
the address of each such listing, the length of stay for each such
listing and the price paid for each stay.
(d)
Hosting
platforms shall not collect or receive a fee, directly or indirectly
through an agent or intermediary, for facilitating or providing services
ancillary to a vacation rental or unregistered home-share, including,
but not limited to, insurance, concierge services, catering, restaurant
bookings, tours, guide services, entertainment, cleaning, property
management, or maintenance of the residential property or unit.
(e)
Safe Harbor. A hosting platform operating exclusively on the Internet, which operates in compliance with subsections (a), (b), (c), and (d) above, shall be presumed to be in compliance with this Chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this Chapter.
(f)
The
provisions of this Section shall be interpreted in accordance with
otherwise applicable State and Federal law(s) and will not apply if
determined by the City to be in violation of, or preempted by, any
such law(s).
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17; Ord. No. 2616CCS § 1,
adopted 9/24/19)
The City Manager or designee may promulgate regulations, which
may include, but are not limited to, permit conditions, reporting
requirements, inspection frequencies, enforcement procedures, additional
advertising restrictions, disclosure requirements, administrative
subpoena procedures or additional insurance requirements, to implement
the provisions of this Chapter. No person shall fail to comply with
any such regulation.
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17; Ord. No. 2616CCS § 1,
adopted 9/24/19)
The City Council may establish and amend by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter, including, but not limited to, the application fee required by Section 6.20.021.
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17; Ord. No. 2616CCS § 1,
adopted 9/24/19)
(a)
Any host violating any provision of this Chapter, any person other than a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a hosting platform that violates its obligations under Section 6.20.050, shall be guilty of an infraction, which shall be punishable by a fine not exceeding seven hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b)
Any
person convicted of violating any provision of this Chapter in a criminal
case or found to be in violation of this Chapter in a civil or administrative
case brought by a law enforcement agency shall be ordered to reimburse
the City and other participating law enforcement agencies their full
investigative costs, pay all back TOTs, and remit all illegally obtained
rental revenue to the City so that it may be returned to the home-sharing
visitors or used to compensate victims of illegal short-term rental
activities.
(c)
Any host who violates any provision of this Chapter, any person other than a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a hosting platform that violates its obligations under Section 6.20.050, shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(d)
Any
interested person may seek an injunction or other relief to prevent
or remedy violations of this Chapter. The prevailing party in such
an action shall be entitled to recover reasonable costs and attorney's
fees.
(e)
The
City may issue and serve administrative subpoenas as necessary to
obtain specific information regarding home-sharing and vacation rental
listings located in the City, including, but not limited to, the names
of the persons responsible for each such listing, the address of each
such listing, the length of stay for each such listing and the price
paid for each stay, to determine whether the home-sharing and vacation
rental listings comply with this Chapter. Any subpoena issued pursuant
to this section shall not require the production of information sooner
than thirty days from the date of service. A person that has been
served with an administrative subpoena may seek judicial review during
that thirty-day period.
(f)
The
remedies provided in this Section are not exclusive, and nothing in
this Section shall preclude the use or application of any other remedies,
penalties or procedures established by law.
(Added by Ord. No. 2484CCS §
1, adopted 5/12/15; amended by Ord. No. 2535CCS § 1, adopted 1/24/17; Ord. No. 2616CCS § 1,
adopted 9/24/19)
Notwithstanding the foregoing, or anything to the contrary in
this Code, an accessory dwelling unit that received its building permit
on or after March 31, 2017, shall not constitute a separate dwelling
unit for purposes of this Chapter if it meets all of the following
conditions:
(a)
The
City previously issued the applicant a home-share permit for the dwelling
unit in accordance with this Chapter;
(b)
The
City subsequently denied the applicant's request to renew the home-share
permit due to changes in the City's home-share regulations or because
the permit was previously erroneously issued; and
(c)
The
dwelling unit applicant proposes to use for home-sharing activities
does not have any outstanding Code violation for unpermitted work.
(Added by Ord. No. 2748CCS §
2, adopted 5/23/23)
