The following words and phrases, whenever used in this chapter,
shall mean as follows:
means any reservation or payment service provided by a person
who facilitates a short-term rental, home sharing, or similar transaction
between a prospective guest and a host.
means the finance director of the City of Rancho Cucamonga.
means a structure or portion thereof which is used for human habitation, as more particularly described in section 17.126.020.
means a person who rents a short-term rental for a period
of less than 30 days.
means a single guest or any number of guests who are occupying
a short-term rental on a single rental agreement.
means a person engaged in providing short-term rental at
their primary residence.
means short-term rental activity whereby the host remains
on the site of his or her primary residence throughout the duration
of the guest's stay, expect during daytime and/or workhours.
means a marketplace in whatever form or format which facilitates
the short-term rental activity, through advertising, match-making,
or any other means, using any medium of facilitation, and from which
the operator of the hosting platform derives revenues, including booking
fees or advertising revenues, from providing or maintaining the marketplace.
means the dwelling unit used as the permanent residence or
usual place of return for housing by the host. A person may have only
one primary residence.
means a dwelling unit, or any portion thereof, that is rented
by the host to another party for a period of not more than 30 consecutive
days in exchange for any form of monetary or non-monetary consideration,
including trade, fee, swap or any other consideration in lieu of cash
payment. Hosted stays, Unhosted stays, and vacation rentals are types
of short-term rental.
means the tax imposed on occupancies of 30 consecutive calendar days or less under Chapter 3.40.
means a short-term rental activity whereby the host remains
off the site of his or her primary residence-site for some or all
of the duration of the guest's stay.
means a dwelling unit that is not a primary residence, and
which is available for temporary lodging, for compensation or any
form of consideration. The term "vacation rental" shall not include:
singleroom occupancy buildings, bed and breakfast inns, hotels, a
dwelling unit for which a tenant has a month-tomonth rental agreement
and the rental payments are made on a monthly basis, or corporate
housing.
(Ord. No. 969 § 3, 2020)
No person, either for themselves or any other person, shall
cause, allow, conduct, permit, maintain, or facilitate short-term
rental at any dwelling unit within the city without first obtaining
a short-term rental permit pursuant to this chapter, and complying
with all other applicable provisions of this code. A short-term rental
permit shall only be issued to authorize hosted stays and un-hosted
stays. Vacation rentals are prohibited.
(Ord. No. 969 § 3, 2020)
To apply for a short-term rental permit, a person seeking to
become a host must file an application with the director, accompanied
by a nonrefundable processing fee in an amount established by resolution
of the city council. The application shall be in a form prescribed
by the director and shall contain, at a minimum, the following:
A.
The
legal name, current address and telephone number of the applicant;
B.
Address
of the short-term rental property, and if applicable, location telephone
number;
C.
An index
of all residents of the property with name and date of birth, juveniles
may be listed by title and age only;
D.
A diagram
of the property indicating areas intended for use as short-term rental;
E.
Documentation
indicating the number of bedrooms within the dwelling unit, such as
a record from the County Assessor's Office;
F.
A parking
plan indicating sufficient lawful parking on the property for all
vehicles belonging to residents and one additional space for each
bedroom of the house to be used for short-term rental;
G.
A copy of a valid business license issued pursuant to Chapter 5.04 of the Rancho Cucamonga Municipal Code;
H.
A copy of a valid transit occupancy registration certificate pursuant to Chapter 3.40 of this code;
I.
A home
occupation permit pursuant to Title 17 of this code is not required;
J.
Emergency
contact information for 24-hour response within 30 minutes;
K.
Certification
by the applicant that the information contained in the application
is true to his or her knowledge and belief;
L.
Documentation
establishing that the dwelling unit proposed to be used as a short-term
rental is the host's primary residence. Such documentation shall include
at least two of the following and be in the name of the host: Motor
vehicle registration, driver's license, voter registration, or tax
documents showing the residential unit as the residence of the host;
M.
Two
passport size photographs of the applicant; and
N.
Any
other information required by regulations promulgated pursuant to
this chapter or deemed necessary by the director.
(Ord. No. 969 § 3, 2020)
Upon receipt of a completed application, the director, or his
or her designee, shall cause an investigation of the applicant and
the application as submitted. The investigation shall be completed
in a timely manner as follows and the applicant shall be notified
of the result in writing in a timely manner:
A.
The
applicant shall be required to pay the established fees for such service
in addition to the permit fee.
B.
Inspection
of the property by city staff shall be scheduled within 30 days of
application.
C.
If, as a result of this investigation, the applicant is found to satisfy all of the requirements of Section 8.34.030 and no grounds for denial exist, the application shall be approved, and a short-term rental permit shall be issued to the applicant. The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the director or his or her designee.
D.
A short-term
rental permit application may be denied for any of the following reasons:
1.
Information
contained in the application, or supplemental information requested
from the applicant, is false or misleading in any material detail;
2.
The
applicant failed to provide a complete application, after having been
notified of the requirement to produce additional information or documents;
3.
The
applicant is delinquent in payment of any city or county taxes, fines,
or penalties in relation to short-term rental;
4.
The
applicant has previously held a short-term rental permit which was
revoked by the city during the year prior to the application;
5.
The
applicant has failed to pay any previous administrative fines, remediate
any other violations, and/or complete any other alternative disposition
associated with a previous violation of this chapter; or
(Ord. No. 969 § 3, 2020)
A short-term rental permit shall be valid for 12 months from
the date of issuance, and shall expire and become null and void on
the anniversary date of its issuance. A person may apply for a permit
renewal on a form provided by the city prior to the expiration of
his or her active short-term rental permit and upon successfully completing
an inspection by city staff. The applicant shall be required to pay
the administrative fee for the permit renewal in the amount established
by city council resolution at the time the renewal application is
filed. Failure of the applicant to submit a complete application prior
to the expiration date of the existing short-term rental permit shall
be a basis for denial of the renewal.
(Ord. No. 969 § 3, 2020)
The director may revoke a short-term rental permit issued to a short-term rental host for a third or subsequent violation of this chapter within any period of time or for any violation of Chapter 3.40 relating to transient occupancy tax. A short-term rental host whose permit is revoked may apply for a new short-term rental permit one year after the revocation of the permit.
(Ord. No. 969 § 3, 2020)
Any person whose short-term rental permit is denied or revoked
may appeal the decision in writing with the city clerk within 15 days
following the date of the director's decision stating the grounds
for said appeal. The appellant shall pay a non-refundable fee in an
amount established by resolution of the city council for such appeal.
The city clerk shall schedule an appeal hearing with the city manager
or his or her designee within15 days of an appeal being filed. The
decision of the city manager or the designee shall be final.
(Ord. No. 969 § 3, 2020)
A short-term rental permit granted pursuant to this chapter
shall not be transferable to another person, parcel number, or to
another property owner. Said permit shall not run with the land or
property to which it applies.
(Ord. No. 969 § 3, 2020)
Short-term rental hosts shall comply with the following:
A.
The
host shall be:
1.
The
property owner or the spouse, parent or adult child of the property
owner.
2.
A
tenant of the property who has occupied the property as his or her
primary residence prior to making application for a short-term rental
permit and who has submitted written authorization from the property
owner to operate short-term rental at the residence.
B.
The
dwelling unit shall be the primary residence of the host.
C.
The
dwelling unit must be located within zones VL, L, LM, or is a single-family
residence in any other zone except zones GI, HI, GC, or CC. A short-term
rental shall not be permitted in zones GI, HI, GC, or CC.
D.
All advertising for the dwelling unit as a short-term rental that is displayed on a hosting platform or other media shall display the number of the current and valid permit as issued by the city, a street-view photo of the front of the house and the maximum number of guests based on the occupancy limit set forth in subsection E.
E.
The
dwelling unit's occupancy, including the host, other residents of
the dwelling unit, and guests, during a short-term rental shall not
exceed two times the number of bedrooms of the dwelling unit.
F.
The
short-term rental permit shall be conspicuously displayed in each
area of the dwelling unit available for occupancy.
G.
Any
accessory dwelling unit subject to a covenant that specifically prohibits
rentals of 30 days or less may not be used as a short-term rental.
H.
A single
dwelling unit shall be limited to two groups of any number concurrently
or two concurrent booking transactions.
I.
The
short-term rental shall comply with all applicable provisions of this
code and state law.
J.
Conditions
that cause a public nuisance, as defined by this code or state law,
are prohibited at the dwelling unit during a short-term rental.
K.
Un-hosted
stays shall be limited to a total of 90 days within a calendar year
at the same dwelling unit. Hosted stays shall not be limited.
(Ord. No. 969 § 3, 2020)
A.
Hosting platforms shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered a managing agent of the host for purpose of TOT collections and remittance responsibilities as set forth in Chapter 3.40 of this code.
B.
Subject
to applicable laws, hosting platforms shall disclose to the city on
a regular basis each short-term 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.
C.
Hosting
platforms shall require hosts to include the city-issued registration
number in their listing(s), in a format designated by the city. Upon
notice from the city that a listing is non-compliant, hosting platforms
shall cease any short-term rental booking transactions for said listing(s)
within five business days. A hosting platform shall not complete any
booking transaction for a residential property or unit subject to
a city notice until notified by the city that the residential property
or unit is in compliance with the local registration requirement.
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 short-term rental,
including, but not limited to, insurance, concierge services, catering,
restaurant bookings, tours, guide services, entertainment, cleaning,
property management, or maintenance of the dwelling unit.
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).
(Ord. No. 969 § 3, 2020)
A.
Operating
a short-term rental without a valid short-term rental permit, business
license, and valid transit occupancy registration certificate is prohibited.
Advertising shall be considered prima facie evidence of operation.
Additional evidence of operation may include, but shall not be limited
to, guest testimony, online reviews, rental agreements, receipts,
or any other information deemed relevant by the city.
C.
Each
and every day, or portion thereof, a violation of this chapter exists
shall constitute a separate and distinct violation.
D.
The
remedies provided herein are intended to be cumulative and may be
used in lieu of or in addition to any other remedy provided by this
chapter or other law.
(Ord. No. 969 § 3, 2020)
