The purpose of this chapter is to establish regulations governing
the rental of residential property for 30 consecutive days or less
within the city of Glendale. The intent of this chapter is to allow
limited home-sharing and prohibit vacation rentals, as defined. The
establishment of these regulations will help maintain adequate and
affordable housing stock for residents in accordance with the city's
housing element of the general plan, and ensure that home-sharing
does not become a nuisance or threaten the public health safety or
welfare due to excessive noise, disorderly conduct, overcrowding,
traffic congestion, illegal parking, the accumulation of refuse, and
other impacts related to home-sharing and vacation rentals.
(Ord. 5972 § 5, 9-14-2021)
A. Dwellings Eligible for Home-Sharing. Home-sharing is allowed in single-family dwellings, condominiums, and multiple residential dwellings, except where prohibited by law or agreement, including, but not limited to: affordable housing covenants; leases or rental agreements; or covenants, conditions and restrictions. As set forth in Section
30.34.080, home-sharing is not allowed on any property with an accessory dwelling unit (in either the primary residential dwelling or the accessory dwelling unit).
B. Vacation Rentals Prohibited. Vacation rentals, as defined in this chapter, are a prohibited use in all zones throughout the city. Subject to amortization set forth in Section
30.60.030(O), no person shall operate a vacation rental in the city.
(Ord. 5972 § 5, 9-14-2021)
For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them unless otherwise noted:
"Guest"
means a person who pays to occupy a dwelling for 30 consecutive
days or less, or an invitee of such person.
"Home-sharing"
means an accessory use of a dwelling for the purpose of providing
temporary lodging, for compensation, for periods of 30 consecutive
days or less, where at least one host lives on site throughout the
guest's stay.
"Host"
means a person who is a lawful occupier of a dwelling who
has occupied the dwelling for at least 60 consecutive days with intent
to establish that dwelling as his or her residence. A host may be
an owner or lessee.
"Hosting platform"
means a marketplace in whatever form or format which facilitates
home-sharing, through advertising, matching, 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.
"Lives on site"
means being physically present in the dwelling where home-sharing
is conducted and engaging in activities of daily living, which include,
but are not limited to, sleeping overnight, preparing or eating meals,
bathing, washing, and dressing.
"Person"
means any individual, corporation, company, firm, association,
partnership, co-partnership, joint venture, joint stock company, receiver,
syndicate, club, estate, business trust, organization or any other
legal entity or the authorized representative thereof.
"Vacation rental(s)"
means an accessory use of a dwelling for the purpose of providing
temporary lodging, for compensation, for periods of 30 consecutive
days or less, whereby no host lives on site throughout the guest's
stay.
(Ord. 5972 § 5, 9-14-2021)
A. Any
person wishing to engage in home-sharing, as defined in this chapter,
shall first obtain a home-sharing license from the city, pursuant
to the provisions of this section, regardless of the number of dwelling
units on a lot. Each dwelling unit on a property that contains more
than one dwelling unit must file a separate home-sharing license application.
B. Any person wishing to obtain a home-sharing license shall file an application according to requirements and procedures in Section
5.04.050.
C. An application
for a home-sharing license shall include the following additional
information:
1. Each
host shall complete a transient occupancy registration certificate.
2. Each
host shall provide proof of residency to the satisfaction of the community
development director.
3. The
host(s) shall designate a local responsible contact person or a property
management company that will be available 24 hours per day to respond
to any emergencies, complaints, or violations of this chapter.
4. The
host(s) shall sign an affidavit that the host has been provided with
and agrees to abide by all regulations applicable to home-sharing.
5. If
a dwelling is located within a common interest development subject
to the rules/covenants, conditions and restrictions of a homeowners'
association, the host(s) shall provide written documentation to the
city that the homeowners' association approves of the home-sharing.
Any home-sharing license issued by the city shall not be inferred
to grant any permission that invalidates or supersedes provisions
contained in any rules/covenants, conditions and restrictions of a
homeowners' association, whether those provisions existed at the time
the license was issued or adopted subsequently.
6. The
owner of the subject real property and host(s), if different, shall
sign an indemnification and hold harmless agreement in a form approved
by the city attorney, agreeing to indemnify, save, protect, hold harmless,
and defend the city of Glendale, the city council of the city of Glendale,
individually and collectively, and the city of Glendale representatives,
officers, officials, employees, agents, and volunteers from any and
all claims, demands, damages, fines, obligations, suits, judgments,
penalties, causes of action, losses, liabilities, or costs at any
time received, incurred, or accrued as a result of, or arising out
of owners' or hosts' actions or inactions in the operation, occupancy,
use, and/or maintenance of the property.
D. An application for a home sharing license may be denied according to Section
5.04.050, as well as suspended or revoked according to Section
5.04.100. Additionally, the director may consider any one or more of the following criteria, factors, or circumstances in denying an application for a home sharing license, or in declining to renew, suspending, revoking, restricting, or imposing new or additional conditions on a home-sharing license:
1. An
applicant or a license holder violates, or does not comply with, one
or more of the following:
a. One or more conditions of a home-sharing license issued under this
chapter;
b. Provisions or conditions of Titles 8 and 30 of this code;
c. Provisions of this chapter; or
d. Applicable (city, county, state, or federal) laws, rules, or regulations.
2. An
applicant or a license holder is a corporation, partnership, limited
partnership, limited liability company, or another business entity
that cannot lawfully transact business in California, or is not lawfully
licensed or registered to do business in California; or has one or
more officers or directors, partners or limited partners, or members
or managers who are ineligible to receive a license for any reason
that makes an individual applicant ineligible to operate home-sharing
under this chapter.
3. A
host(s) receives one or more violations.
4. The
home-sharing use creates or constitutes a public nuisance, or is injurious
to the public's health, safety, welfare, or peace.
E. Notice, Hearing and Appeal. Any applicant or license holder aggrieved by a decision denying an application or revoking or suspending a license pursuant to this chapter may appeal following the procedures in Section
5.04.110.
(Ord. 5972 § 5, 9-14-2021)
A. Home-sharing
shall not adversely generate noise, vibration, glare, odors, or other
effects that unreasonably interfere with any person's reasonable enjoyment
of his or her dwelling.
B. Home-sharing shall be subject to the prohibitions against large or loud parties, as defined in Section
9.22.030 of the Glendale Municipal Code. All provisions, including fines and enforcement contained in Chapter
9.22, shall apply to home sharing.
C. No person
engaged in home-sharing shall advertise, undertake, maintain, authorize,
book, or facilitate any renting to guests in a manner that does not
comply with this chapter.
D. No person
engaged in home-sharing shall advertise any home-sharing without a
license number depicted in a visible location on the advertisement,
including any listing on a hosting platform.
E. No person
engaged in home-sharing shall allow, permit, or carry on commercial
events, commercial parties, or commercial group gatherings, including,
but not limited to, weddings, banquets, and corporate events. The
dwelling shall not be used for home-sharing for the purpose of accommodating
such activities.
F. No person
engaged in home-sharing shall post signs on the exterior of the dwelling
advertising the presence of home-sharing.
G. No person
engaged in home-sharing shall offer, allow, permit, or carry on in
home-sharing on any part of the property not approved for residential
use, including, but not limited to, a vehicle or recreational vehicle
parked on the property, a storage shed, a camper, a trailer, a garage,
or any temporary structure such as a tent.
H. All
persons engaged in home-sharing shall jointly and severally be responsible
for any nuisance violations arising at the dwelling.
I. The
property owner or host engaged in home-sharing shall keep and preserve,
for a period of three years, all records as may be necessary to determine
the amount of such tax as he or she may have been liable for the collection
of and payment to the city, including the number and length of each
home-sharing stay, and the price paid for each stay. The finance department
shall have the right to inspect these records at all reasonable times.
J. The property owner and host engaged in home-sharing shall comply with all of the requirements contained in Chapter
4.32 (Transient Occupancy Tax) and any successor sections.
K. Any
dwelling used for home-sharing shall contain functional smoke detectors,
carbon monoxide detectors, fire extinguishers and information related
to emergency exit routes, and emergency contact information.
L. All
persons engaged in home-sharing shall provide to the guests a code
of conduct.
(Ord. 5972 § 5, 9-14-2021)