It is the intent of this Chapter to establish a permit requirement for all short-term rentals ("STRs") within the City of Dana Point, and accordingly Section 5.38.045 hereof is intended to and shall apply to STRs located both within and outside of the City's Coastal Zone. The remaining provisions of this Chapter set forth rules and regulations applicable to STRs located outside of the City's Coastal Zone; and except for Section 5.38.045 regulations applicable to STRs located within the City's Coastal Zone are addressed in Coastal Development Permit No. CDP22-0010 (A-5-DPT-22-0038), as it may be amended from time to time. The purpose of the regulations set for herein is to protect public health safety and welfare by limiting the total number of STRs which may exist, and to require the owner or owners of a residential dwelling that operates as an STR to apply for and secure a permit authorizing such use in a manner that will safeguard the peace, safety and general welfare of the residents of Dana Point, their guests, and out of town visitors, by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking, and the accumulation of refuse which are directly related to STRs. There are currently existing STR permits in the City. These existing STR permits are subject to the provisions of this Chapter on a moving forward basis, including the provisions hereof related to renewals; but, they are "grandfathered" in the sense they continue to remain valid provided their permits are renewed, and the holders of such STR permits do not need to submit a new initial application.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 21-02, 6/1/21; Ord. 23-01, 2/7/23)
For the purpose of this Chapter, the following definitions shall
apply:
shall mean an attached or a detached residential dwelling
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
or multiple family dwelling is or will be situated. An accessory dwelling
unit also includes the following: (1) An efficiency unit; and (2)
A manufactured home, as defined in Section 18007 of the Health and
Safety Code.
shall mean the representative, if any, designated by the owner in accordance with Section 5.38.040.
shall mean the City Manager of the City of Dana Point or
designee.
shall mean the Community Development Director of the City
of Dana Point or designee.
shall have the same meaning as set forth in Section 9.75.050 of the Municipal Code.
shall mean an STR at a dwelling (as defined in the Municipal
Code) at which the property owner rents a portion of the dwelling
unit for use as an STR while continuing to live in the dwelling unit
during the period of the rental.
shall mean a unit that is no more than 500 square feet in
size and contained entirely within a single family residence. A junior
accessory dwelling unit may include separate sanitation facilities
or share sanitation facilities with the existing structure.
shall mean a parcel upon which the City's zoning permits
commercial and residential uses to exist at the same time (i.e., commercial
on first floor and residential on upper floors). By way of example
only, as of the effective date of this Chapter, parcels located in
the following zoning districts in the City would meet the definition
of mixed-use parcel: C/R; R/C-18; P/R; TC-MU.
shall mean a permit for either a non-primary STR or a multiple
family home stay STR issued for an STR located in a dwelling on a
mixed-use parcel.
shall mean an STR at a parcel upon which a multiple family
dwelling (i.e., a duplex, triplex, etc.) lawfully exists, and at which
all the following conditions also exist: (1) the property owner owns
two or more dwellings on the parcel; and (2) the property owner resides
in one of the dwellings on the parcel and such dwelling unit is the
property owner's primary residence; and (3) one of the dwellings owned
by the property owner is used for STR purposes.
shall mean a dwelling used for short-term rental purposes
other than a home stay, multiple family home stay or primary residence
short-term rental.
shall mean the holder of an STR permit.
shall mean a dwelling which a permittee uses as his or her
domicile and permanent principle home for legal purposes.
shall mean an STR at a dwelling which is the property owner's
primary residence, as evidenced per the provisions hereof, which is
being rented for STR purposes when the property owner is traveling
or living elsewhere.
shall mean a person who holds a recorded interest in a parcel
upon which a dwelling exists which is used for, or proposed to be
used for an STR. In the case of a trust, both the trustees and any
person or entity holding a beneficial interest of more than 5% in
the trust are deemed to be the property owner. In the case of a business
entity, any person having an ownership interest of more than 5% in
the entity shall be deemed to be a property owner.
shall mean the rental of any structure or any portion of
any structure for occupancy, dwelling, lodging or sleeping purposes
for at least two consecutive nights, but no more than 30, consecutive
calendar days in duration in a zoning district where residential uses
are allowed, including, but not limited to, detached single family
dwellings, condominiums, duplexes, triplexes, townhomes and multiple
family dwellings.
means a permit issued to the property owner to authorize
use of a dwelling for STR purposes pursuant to this Chapter.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 23-01, 2/7/23)
(a)
A
total maximum of 115 STR permits may be issued for any type of STR
located at dwellings outside the City's Coastal Zone. Any STR permits
issued as of the effective date of this Chapter outside the City's
Coastal Zone shall continue to be valid, and shall count towards this
numerical cap.
(b)
One
goal of this Chapter is to encourage home stay STRs, primary residence
STRs, multiple family home stay STRs, and STRs on mixed-use parcels
which are deemed to be preferred over non-primary STRs. Towards this
end, the following provisions shall apply:
(1)
The STR permit fee for home stay STRs, primary residence STRs, multiple
family home stay STRs, and STRs on mixed-use parcels shall be calculated
as follows: (Total STR permit fee established by the City Council
x 0.75).
(2)
Permit applications for home stay STRs, primary residence STRs, multiple
family home stay STRs, and STRs on mixed-use parcels shall be given
priority when selected from the City's STR permit waitlist.
(3)
In addition, no more than 60 of the available STR permits shall be
for non-primary STRs.
(c)
When
a parcel upon which a dwelling exists for which an STR permit has
been issued is sold, the STR permit shall expire upon the date the
title to such parcel transfers, and the STR permit shall not transfer
to the new property owner. Should the new property owner desire to
use any dwelling on the parcel as an STR, such new property owner
must apply for and receive an STR permit.
(d)
Notwithstanding
the foregoing, if a parcel upon which a dwelling exists for which
an STR permit has been issued changes ownership through an inheritance,
or as a result of a family transfer that results in no new property
tax assessment of the parcel, the STR permit may be transferred provided
the new property owner(s) is/are family members of the prior property
owner. In such circumstance, the new property. Owner may apply for
an STR permit transfer. The STR permit transfer shall be subject to
such requirements as may be imposed by the Community Development Director
to confirm the new property owner(s) is(are) a family member(s) of
the prior property owner(s). Prior to the first use of any dwelling
on a parcel as an STR after a change of ownership as a result of an
inheritance, an STR permit transfer shall have been approved by the
City. The Community Development Director shall determine if a familial
relationship exists, and shall base that decision on the totality
of the facts of any given circumstance in a manner that carries out
the intent of this provision consistent with applicable laws.
(e)
While
115 total STR permits are authorized by this Chapter, the Community
Development Director shall make available no more than 25 new STR
permits before July 1, 2023. Thereafter, before any additional new
STR permits are issued, the Community Development Director shall present
a report to the City Council which shall assess the program created
by this Chapter and Coastal Development Permit No. CDP22-0010 (A-5-DPT-22-0038).
(f)
Upon
issuing the maximum number of STR permits authorized by this Chapter,
the City will establish a waitlist for the issuance of additional
STR permits when they become available.
(g)
Upon
the effective date of this Chapter, STR permits shall be limited to
one STR permit per property owner without regard to the category of
STR to which such STR permit applies (i.e., whether for a home stay,
non-primary, multiple family home stay, mixed-use parcel, or primary
residence short-term rental.) Any STR permits issued prior to the
effective date of this Chapter which conflict with this provision
shall be deemed to be "grandfathered" and will remain valid, subject
to all other provisions hereof until such time as the pre-existing
STR permit(s) expire(s) or is (are) revoked.
(h)
An
STR permit shall not be issued for a dwelling located in a multiple
family structure if issuance of such permit would result in the creation
of a "hotel", as defined by the Dana Point Zoning Code (i.e., six
or more guest rooms or suites located in a structure or group of structures).
Additionally, properties with five or fewer residential units that
are located in a structure or group of structures may only convert
a maximum of one unit into an STR, and properties with six or more
residential units that are located in a structure or group of structures
may only convert a maximum of 20% of the total number of residential
units into STRs.
(i)
Every
three years the Community Development Director will review the regulations
set forth in this Chapter to determine if a change to the maximum
number of STR permits outside the Coastal Zone, or any other changes,
should be recommended to the City Council; provided, however, the
Council may change the maximum number of such permits, or any other
provision of this Chapter, at any time.
(Added by Ord. 23-01, 2/7/23)
(a)
STR
permits shall be issued only to the property owner of the parcel upon
which a dwelling exists that is proposed to be used as an STR. The
property owner shall be responsible for compliance with the provisions
of this Chapter, and any STR permit.
(b)
A
property owner may retain an agent or a representative to comply with
the requirements of this Chapter, including, without limitation, the
filing of an application for an STR permit, the management of the
STR, and the compliance with the conditions to the STR permit. The
property owner shall sign and notarize an agreement satisfactory to
the Community Development Director demonstrating the creation of an
agent relationship. The failure of an agent to comply with this Chapter
or any STR permit condition shall be deemed non-compliance by both
the property owner and agent, and both shall be subject to any adverse
action by the City related to a violation, including imposition of
fines and STR permit revocation.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 23-01, 2/7/23)
(a)
No
person shall rent, offer to rent, or advertise for rent a dwelling
for use as an STR without a valid STR permit approved and issued by
the City of Dana Point for the dwelling.
(b)
Every
permittee shall comply with the provisions of this Chapter or Coastal
Development Permit No. CDP22-0010 (A-5-DPT-22-0038), as applicable,
with applicability dependent upon whether the permittee's STR permit
applies to a dwelling located within or outside of the City's Coastal
Zone.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 23-01, 2/7/23)
The property owner of the parcel upon which a dwelling exists
that is proposed to be used as an STR shall submit an application
for an STR permit to the Community Development Director. The application
for an STR permit shall be upon forms provided by the City and shall
contain the following information:
(a)
The
name, address, email, and telephone number of the property owner,
and all persons or entities that are property owners, of the parcel
upon which a dwelling exists that is proposed for use as an STR and
for which the STR permit is requested.
(b)
The
name, address, email, and telephone number of the property owner's
agent, if any.
(c)
The
address of the dwelling proposed to be used as an STR.
(d)
Evidence
of a valid transient occupancy tax registration certificate issued
by the City in connection with the proposed STR.
(e)
Proof
of general liability insurance in the amount of one million dollars
($1,000,000.00) combined single limit and an executed agreement to
indemnify, defend, and save the City harmless from any and all claims
and liabilities of any kind whatsoever resulting from or arising out
of the issuance of the STR permit or the use of the dwelling to which
the STR permit applies as an STR.
(f)
In
connection with an application for a primary residence, or home stay
STR the property owner shall provide evidence that the dwelling proposed
to be used as an STR is the property owner's primary residence which
shall at a minimum include evidence that the property owner has filed
for and received a homeowner's exemption for the dwelling as part
of its most recent property tax assessment and a secondary form of
evidence designating the dwelling as the property owner's domicile
such as an income tax return, car registration, driver's license or
similar official record satisfactory to the Community Development
Director.
(g)
In
connection with an application for a multiple family home stay short-term
rental, the property owner shall provide evidence that one of the
dwellings on the parcel where the proposed STR is located is the property
owner's primary residence which shall at a minimum include evidence
that the property owner has filed for and received a homeowner's exemption
for the dwelling as part of its most recent property tax assessment
and a secondary form of evidence designating the dwelling as the property
owner's domicile such as an income tax return, car registration, driver's
license or similar official record satisfactory to the Community Development
Director.
(h)
Acknowledgement
that the property owner (and agent if applicable) received a copy
of, reviewed and understands the regulations pertaining to the operation
of an STR within the City.
(i)
The
STR to which the permit applies shall not be prohibited by any homeowners'
association conditions, covenants, and restrictions ("CC&Rs")
or any other community standards/guidelines applicable to the parcel
where the dwelling to be used as an STR is located.
(j)
Such
other information as the Community Development Director deems reasonably
necessary to administer this Chapter.
(k)
Permits
shall only be issued to the property owner of the parcel upon which
a dwelling exists that is proposed to be used as an STR. If multiple
property owners exist, one such owner may be designated as the agent,
subject to the provisions hereof related to agents.
(l)
Only
one STR permit, for one dwelling, shall be issued to any person or
entity that meets the definition of a property owner hereunder; and,
when an STR permit is issued for a dwelling, it is deemed to be issued
to all property owners of such dwelling.
(m)
The
fee for issuance of an STR permit as established by the City Council.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 23-01, 2/7/23)
A property owner desiring to be added to the City's STR permit
waitlist shall submit a waitlist application. Once received, the property
owner will be added to the City's STR permit waitlist.
(a)
Property
owners on the STR permit waitlist must provide an application annually
to verify continued eligibility to preserve their position on the
STR permit waitlist.
(b)
A
property owner's position on the STR permit waitlist is not transferable.
(c)
The
application for the STR permit waitlist shall be upon forms provided
by the City and shall contain the following information:
(1)
The name, address, email, and telephone number of the property owner
of the parcel upon which a dwelling exists that is proposed for use
as an STR and for which the STR permit is requested.
(2)
The address of the dwelling proposed to be used as an STR.
(3)
Additional information as the Community Development Director deems
reasonably necessary to administer this Chapter.
(d)
The
STR permit waitlist fee shall be the same as the STR permit fee. Upon
selection and STR permit issuance, the STR permit waitlist fee paid
will be applied toward the first year's STR permit fee.
(e)
Upon
selection from the STR permit waitlist, the property owner shall have
14 days to submit a complete STR permit application to the City.
(f)
A
property owner on the STR permit waitlist may request to be removed
from such waitlist in writing, and upon receipt of such a request
the City will remove the property owner from the waitlist and refund
the STR permit waitlist fee.
(Added by Ord. 23-01, 2/7/23)
(a)
All property owner's holding STR permits shall apply for and renew their STR permit annually on March 1st or an alternative date as determined by the Community Development Director. STR permit renewals shall include any changes to the information or requirements set forth in these regulations, as well as proof of current general liability insurance as required by Section 5.38.050(e).
(b)
In
the case of renewal of STR permits issued for primary residence and
home stay STRs, the property owner shall provide evidence that the
dwelling proposed to be used as an STR continues to be the property
owner's primary residence which shall at a minimum include evidence
that the property owner has filed for and continues to receive a homeowner's
exemption for the dwelling as part of its most recent property tax
assessment and a secondary form of evidence designating the dwelling
as the property owners domicile such as an income tax return, car
registration, driver's license or similar official record satisfactory
to the Community Development Director.
(c)
In
the case of renewal of STR permits issued for multiple family home
stay STRs, the property owner shall provide evidence that one of the
dwellings on the parcel where the proposed STR is located continues
to be the property owner's primary residence which shall at a minimum
include evidence that the property owner has filed for and received
a homeowner's exemption for the dwelling as part of its most recent
property tax assessment and a secondary form of evidence designating
the dwelling as the property owner's domicile such as an income tax
return, car registration, driver's license or similar official record
satisfactory to the Community Development Director.
(d)
Any
STR permit that is inactive during a permit year (meaning no rentals
occurred during the year) will not be renewed. The inactivity requirement
can be waived if the dwelling to which the STR permit renewal applies
is under renovation, as evidenced by validly issued, unexpired building
permits, or for good cause as determined by the Community Development
Director. Any STR permit inactive for two permit years shall not be
renewed.
(Added by Ord. 23-01, 2/7/23)
(a)
Permits
and renewals issued pursuant to this Chapter are subject to the following
standard conditions:
(1)
All STR permits shall comply with the terms of this Chapter and the
provisions of this Chapter are deemed to be included in all STR permits.
(2)
The property owner (or agent if applicable) shall ensure that the
STR complies with all applicable codes regarding fire, building and
safety, and all other relevant laws and ordinances.
(3)
The property owner (or agent if applicable) shall provide proof that
the STR to which the permit applies is not legally prohibited by any
homeowners' association conditions, covenants and restrictions ("CC&Rs")
or any other community standards/guidelines, applicable to the parcel
where the dwelling to be used as an STR is located.
(4)
Concurrent with the issuance of the STR permit, and annually upon
its renewal, City staff shall provide notice of the proposed action
on the STR permit to all property owners and tenants abutting the
parcel, or in the case of an STR in a multiple family dwelling the
owners and tenants of all other dwelling units on the parcel and/or
in the same structure, upon which the dwelling proposed to operate
as an STR is located. The notice shall also provide the contact information
for the property owner (and agent if applicable) and their 24 hour
emergency contact phone number. The notification package shall also
identify the City's 24 hour STR hotline phone number, Code Enforcement
phone number, and Orange County Sheriff's Department phone number.
The notice shall not afford the abutting owners/tenants any protest,
appeal, or other related rights; rather, its intent is to provide
the abutting property owners/tenants with an annual reminder as to
the contact information for the various individuals and entities responsible
for enforcement in the event that an issue arises with the operation
of the STR.
(5)
The dwelling for which an STR permit is requested must pass an initial
inspection by the City prior to STR permit issuance. The City may
conduct additional inspections as deemed necessary or prudent at any
reasonable time, including prior to subsequent renewals.
(6)
The property owner shall provide a 24 hour emergency contact that
will be available to respond to issues at the STR.
(7)
The STR must have and maintain a minimum of two off-street parking
spaces.
(8)
The STR must have a visible house number easily seen from the street,
day or night.
(9)
All advertising for the STR shall include the City issued STR permit
number in the subject line and in the description of the STR. In addition,
all photographs maps, and diagrams of the STR that are used for advertising
purposes shall impose the City-issued STR permit number in the lower
right-hand corner in a font, style, size, and color to be reasonably
legible, with any dispute as to the meaning of this provision subject
to interpretation by the Community Development Director.
(10)
The primary overnight and daytime renter, who shall also be residing
as a guest in the STR during any STR rental period must be an adult
25 years of age or older. This adult must provide a telephone number
to the property owner (or agent if applicable) and shall be accessible
to the property owner by telephone at all times.
(11)
Prior to occupancy, the property owner (or agent if applicable) shall
obtain the name, address, and driver's license number or a copy of
the passport of the primary adult occupant of the STR. The property
owner (or agent if applicable) shall require that same adult to sign
a formal acknowledgment that he or she is legally responsible for
compliance by all occupants and guests of the STR with the provisions
of this Chapter, as well as a copy of the City's Good Neighbor Acknowledgment.
An unsigned copy of the City's Good Neighbor Acknowledgment shall
be posted in a conspicuous location within the STR, along with a copy
of this Chapter. This information shall be readily available upon
request of any police officer or employee of the City authorized to
enforce this Chapter or State law.
(12)
The property owner (or agent if applicable) shall rent the STR for
a minimum stay of two consecutive nights.
(13)
The maximum overnight occupancy of the STR shall be limited to two
persons per bedroom plus two additional persons within the STR. The
Community Development Director may, when unusual size, interior layout,
parking, or other physical characteristics are shown, approve a greater
maximum number of overnight occupants as part of an STR permit application
or renewal. The maximum daytime occupancy shall be limited to two
and a half (2.5) times the overnight occupancy and not exceed 20 persons;
however, the Community Development Director may, when unusual size,
or other physical characteristics, approve a greater maximum number
of daytime occupants as part of an STR permit application or renewal.
(14)
The maximum number of vehicles allowed at the STR shall be limited
to one vehicle per one bedroom unit or two vehicles maximum with two
or more bedrooms within the STR. The Community Development Director
may, when unusual size, parking or other physical characteristics
are shown, approve a greater maximum number of vehicles as part of
an STR permit application or renewal. The property owner must ensure
a sufficient number of parking spaces are accessible to tenants to
accommodate the maximum number of vehicles allowed.
(15)
No on-site exterior signs are to be posted on a parcel advertising
an STR at the location.
(16)
Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 8:00 a.m. the day after the scheduled trash collection days, as provided in Chapter 6.10 of the Dana Point Municipal Code. In the event the property owner fails to comply with this provision, he or she shall be required to sign up for walk-up trash service provided by the City's waste disposal franchisee and provide proof to the City of the same. The property owner shall provide sufficient trash collection containers and services to meet the demand of the occupants of the STR.
(17)
Each lease or rental agreement for an STR shall include the following
terms, notifications and disclosures, which shall also be posted in
a conspicuous location inside the STR:
(A)
The maximum number of occupants that are permitted and notification
that failure to conform to the maximum occupancy is a violation of
this Chapter.
(B)
The number of parking spaces provided and, if not adjacent to the
STR, the location of assigned parking and the maximum number of vehicles
that are permitted.
(C)
The trash pick-up day(s) and applicable rules and regulations pertaining
to leaving or storing trash on the exterior of buildings on the parcel.
(D)
Notification that the occupant may be cited or fined by the City
and/or immediately evicted by the property owner (or agent as applicable)
for violating any and all applicable laws.
(E)
The name of the property owner or agent, and a telephone number at
which that party may be reached at all times and 9-1-1 Emergency information.
(F)
Summary of applicable homeowners' association conditions, covenants
and restrictions (CC&Rs) and bylaws, including pool location and
hours.
(G)
The terms, notifications, and disclosures must be posted during the
registration process.
(18)
The property owner shall ensure that the occupants of the STR do
not create unreasonable noise or disturbances, engage in disorderly
conduct, or violate provisions of the Municipal Code or any State
Law pertaining to noise, disorderly conduct, overcrowding, alcohol
consumption, or the use of illegal drugs. Property owners are expected
to take any measures necessary to abate disturbances, including, but
not limited to, directing the tenant, calling for law enforcement
services, or City code enforcement officers, evicting the tenant,
or any other action necessary to immediately abate the disturbance.
(19)
The property owner or agent as applicable shall, upon notification
that occupants or tenants of an STR have created unreasonable noise
or disturbances, engaged in disorderly conduct, or committed violations
of the Municipal Code or State Law pertaining to, but not limited
to, noise, disorderly conduct, and/or overcrowding, take action to
abate the issue within 30 minutes of the property owner or agent being
notified of a complaint and prevent a recurrence of such conduct by
those occupants or guests. In some instances, the property owner or
agent may be required to arrive on site within 30 minutes of a received
complaint to address the issue and ensure there is not a re-occurrence.
(20)
No outside noise from the STR shall be heard during quiet hours of
10:00 p.m. to 7:00 a.m.
(21)
The property owner or agent as applicable shall include ADA information,
if available, in all advertisements for the STR (e.g., stairs, signage,
ingress/egress, parking, storage, utilities, showers and lavatories,
air conditioning, etc.).
(22)
Advertisements, and information provided in the STR itself, shall
disclose whether bicycles or other means of transport (scooters, skateboards,
carpooling, rideshare, etc.) are available.
(b)
The
Community Development Director shall have the authority at any time
to impose additional standard conditions, applicable to all STRs,
as necessary to achieve the objectives of this Chapter.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 21-02, 6/1/21; Ord. 23-01, 2/7/23)
The following are additional regulations and clarifications
applicable to all property owners or agents if applicable for the
operation of STRs. These regulations may be updated periodically by
the Community Development Director for clarification of situations
that may develop based on the implementation of this Chapter and regulations
within the City.
(a)
No
person shall rent, offer to rent, or advertise for rent a dwelling
for use as an STR if such dwelling is an accessory dwelling unit,
junior accessory dwelling unit, created as part of single-family residential
duplex (as defined by Zoning Code Section 9.72), or designated as
an affordable housing unit, and no STR permit shall be issued for
any such dwelling.
(b)
No
person shall rent, offer to rent, or advertise for rent a dwelling
for use as an STR unless such dwelling is in a zoning district where
residential uses are allowed, including, but not limited to, detached
single family dwellings, condominiums, duplexes, triplexes, townhomes,
and multiple family dwellings, and no STR permit shall be issued for
a dwelling that does not meet this criteria.
(c)
Home
stay STR and multiple family home stay STR shall be subject to the
following:
(1)
Notwithstanding any other provision of this Chapter to the contrary,
the property owner of a home stay short-term rental or multiple family
home stay short-term rental shall be present at the parcel upon which
the STR is located during the rental period between the hours of 10:00
p.m. to 7:00 a.m.
(2)
A maximum of one home stay STR permit may be issued for any parcel
upon which multiple dwellings exist.
(3)
In no instance shall a home stay STR permittee allow the use of an
on-site camper, RV, or tent by renters as part of the STR use on a
parcel.
(d)
Primary
residence STR shall be subject to the following:
(1)
A property owner to whom an STR permit for a primary residence STR
is issued shall be limited to renting the dwelling to which the STR
permit applies for a maximum of 60 days per 12 month period, (with
the date starting on the date the STR permit is issued) unless further
restricted by CC&R regulations. Compliance will be monitored by
the transient occupancy tax annual submittal, and such other means
as deemed necessary and appropriate by the Community Development Director.
(Added by Ord. 23-01, 2/7/23)
(a)
Any
violation of this Chapter, any relevant provision of the Municipal
Code, or any permit condition, including any of the following, shall
constitute a violation for which the penalties specified in this Section
may be imposed, or for which the STR permit may be revoked:
(1)
The property owner and/or agent has failed to comply with any standard
conditions which are part of an STR permit;
(2)
The property owner and/or agent has failed to comply with conditions
imposed by the Community Development Director on an STR permit;
(3)
The property owner and/or agent has willfully violated the provisions
of this Chapter;
(4)
The property owner and/or agent has failed to comply and pay any
fines imposed pursuant to subsection (b) within 30 days of the date
of notification; or
(b)
Penalties. The penalties for violations imposed per subsection (a) above, or the Municipal Code, shall be the responsibility of the property owner, and/or the agent if applicable, and are issued per day and per violation as follows:
(1)
For the first violation the penalty shall be the maximum monetary
amount allowed per State law;
(2)
For a second violation the penalty shall be the maximum monetary
amount allowed per State law;
(3)
For a third violation the penalty shall result in the immediate revocation
of the STR permit. In the event the STR permit has been revoked, the
property owner shall thereafter be ineligible to receive an STR permit
for any category of STR to be operated on the same parcel upon which
the STR for which the permit was revoked existed.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 21-02, 6/1/21; Ord. 21-08, 11/16/21; Ord. 23-01, 2/7/23)
Penalties shall be imposed, and STR permits shall be revoked,
in the manner provided in this section. The Community Development
Director shall conduct an investigation whenever he or she has reason
to believe that a property owner (or agent as applicable) has committed
a violation described in this Chapter. Should the investigation reveal
substantial evidence to support a finding that a violation occurred,
the Community Development Director shall issue written notice of intention
to impose a penalty and/or revoke the STR permit. The written notice
shall be served on the property owner, and agent if applicable, and
shall specify the facts which, in the opinion of the Community Development
Director, constitute substantial evidence to establish grounds for
imposition of the penalties and/or revocation, and specify that the
penalties will be imposed and/or the STR permit will be revoked within
30 days from the date the notice is given unless the property owner,
or agent if applicable, files with the City Clerk before the penalties
or revocation becomes effective, a request for hearing before the
City Manager.
(Added by Ord. 13-01, 4/2/13; amended by Ord. 23-01, 2/7/23)
