The purpose of this chapter is to establish regulations, standards,
and a permitting process governing the renting or leasing of privately
owned, visitor-serving, residential dwelling units on a short-term
basis in order to maintain the long-term rental housing stock in the
City; ensure the collection and payment of Transient Occupancy Taxes
("TOT"); safeguard the residents of the City of Huntington Beach by
ensuring that short-term rental activities do not threaten the character
of residential neighborhoods; and ensuring that such short-term rental
activities do not become a nuisance, or threaten the public health,
safety, or welfare of neighboring properties. This chapter will establish
two zones in the City where short-term rentals are permitted. Zone
1 will consist of all areas of the City excluding Sunset Beach. Zone
2 will consist of Sunset Beach. In Zone 1 and Zone 2, short-term rentals
are permitted in owner occupied residential dwelling units as set
forth herein. In Zone 2, short-term rentals are permitted for existing
owner "unoccupied" residential dwelling units who obtain a permit
by March 1, 2022. After March 1, 2022, no new permits for owner unoccupied
residential dwelling units will be issued.
(4224-2/21, 4238-12/21)
means any reservation and/or payment service provided by
a person or entity who facilitates a short-term rental transaction
between a prospective guest and a short-term rental host or operator.
means City of Huntington Beach.
means the Director of Community Development or a designee.
means any person or persons renting a short-term rental as
a transient occupant.
means a property owner who is an occupier of the property
at the time of, and for the duration of, the short-term rental.
means a short-term rental at a primary residence whereby
the host occupies the short-term rental property and remains on-site
and resides in a habitable dwelling unit or portion thereof throughout
the guest's stay (except during daytime and/or work hours).
means a person or entity that participates in the short-term
rental business in exchange for a fee or other compensation, directly
or indirectly through an agent or intermediary, by conducting a booking
transaction for a hosted or unhosted short-term rental using any medium
of facilitation.
means the operator or host or person designated thereof to
respond to and take remedial action regarding short-term rental issues
or complaints.
means a signed agreement between a hosting platform and the
City, which, among other things, provides that the hosting platform
will collect and submit transient occupancy tax and any improvement
district assessment established pursuant to California Streets and
Highways Code sections 36500 and 36600 to the City on behalf of short-term
rental hosts or operators.
means a person's permanent residence or usual place of return
for housing as documented by at least two of the following: driver's
license; voter registration; tax documents showing the residential
unit as the person's residence; or a utility bill.
means a list identifying the address(es) of all buildings
whose owner(s), including any applicable homeowners' association or
board of directors, have notified the City, pursuant to City procedures,
that short-term rentals are not permitted to operate anywhere in such
building, including deed restricted affordable housing units.
means a residential dwelling unit, or portion thereof, that
is offered or provided to a paying guest(s) by a short-term rental
host or operator for 30 or fewer consecutive nights. The term "short-term
rental" shall not include hotels, motels, inns, or bed and breakfast
inns.
means any method of soliciting use of a dwelling unit for
short-term rental purposes.
means property owner or a property manager of a dwelling
unit in Sunset Beach, or portion thereof, who offers or provides that
dwelling unit, or portion thereof, for an unhosted short-term rental.
means a permit, with a permit number, issued by the City
to allow hosted or unhosted short-term rentals.
means a person who has entered into a short-term rental agreement
for a dwelling unit in exchange for short-term occupancy of the dwelling
unit.
means local transient occupancy tax as set forth in Chapter 3.28 of the Huntington Beach Municipal Code.
means a short-term rental in Sunset Beach, where there is
no host and the operator resides off-site during the guest's stay.
means the City of Huntington Beach excluding the property
located within the Sunset Beach Specific Plan.
means property located within the Sunset Beach Specific Plan.
(4224-2/21, 4238-12/21)
A.
No
person or entity shall advertise, rent, or operate a short-term rental
(STR) in the City unless a permit has been issued by the City pursuant
to this chapter. An operator or host of the STR shall apply with the
City to obtain a permit and shall be responsible for complying with
all requirements of this chapter. Application for a STR permit shall
be in a form prescribed by the director and include all information
determined by the director to be necessary to evaluate the eligibility
of the host or operator, consistent with this chapter.
B.
An
application for a STR permit shall be accompanied by a fee established
by resolution of the City Council, provided, however, the fee shall
be no greater than necessary to defer the cost incurred by the City
in administering the provisions of this chapter.
C.
STR
hosts or operators shall apply for a STR permit pursuant to this chapter.
Existing unpermitted STR hosts or operators shall apply for a STR
permit within six months after the effective date of resolution adopting
the STR Permit fee. The host or operator shall provide proof of property
ownership and shall be the person who signs the application.
D.
A STR
Permit is valid for two years from the date of issuance. The STR permit
is personal and may not be transferred or assigned and does not run
with the land. A STR permit may be renewed annually if STR operator
or host: (1) pays the renewal fee; (2) provides information concerning
any changes to the previous application for, or renewal of, the STR
permit; (3) submits records to demonstrate compliance with this chapter
as required by the director. Failure to submit a renewal application
to the City at least 30 days prior to the expiration of the STR permit
shall render the STR permit and permission to operate an STR null
and void.
E.
STR
permits issued pursuant to this chapter are subject to the following
standard STR permit conditions:
1.
The
host or operator shall, by written agreement with the tenant, limit
overnight occupancy of the STR to a specific number of occupants,
with the number of occupants not to exceed that permitted by the provisions
of this section.
2.
The
host or operator shall ensure that the occupants and/or guests of
the STR do not create unreasonable noise or disturbances, engage in
disorderly conduct, or violate provisions of any Federal, State, or
Local (including the Huntington Beach Municipal Code) law pertaining
to noise, disorderly conduct, the consumption of alcohol, or the use
of illegal drugs.
3.
The
host or operator shall, upon notification that occupants and/or guests
of his or her STR have created unreasonable noise or disturbances,
engaged in disorderly conduct or committed violations of any law,
including those pertaining to noise, disorderly conduct, the consumption
of alcohol or the use of illegal drugs, promptly prevent a recurrence
of such conduct by those occupants or guests.
4.
The
host or operator of the STR unit shall post a copy of the STR permit
and the STR permit conditions in a conspicuous place within the STR.
5.
The
host or operator shall provide a guest parking plan to the City for
approval prior to issuance of a STR Permit.
6.
The
maximum number of guests who may occupy the STR at one time is two
persons per bedroom, plus two additional guests (including children).
Lofts that meet California Building Code egress requirements are considered
a bedroom for the purposes of the occupancy calculation. In no event
may the maximum occupancy exceed 10 persons in any STR. Large-scale
events (i.e., exceeding maximum allowed occupancy) such as commercial
parties, weddings, fundraisers, and conferences, are prohibited.
F.
Eligibility
Requirements. In addition to any specific STR permit requirements
set forth by the director, the following requirements must be met
at the time of submitting a STR permit application:
1.
The
dwelling unit shall not be a deed-restricted affordable housing unit,
in a special group residence, a single room occupancy (as defined
by the City Zoning Code), or included on the prohibited buildings
list.
2.
The
operator or host shall not be granted a permit for more than one STR
within the City of Huntington Beach (including Sunset Beach).
3.
There
will only be one STR permit issued per property except in multifamily,
single lot subdivisions (i.e. condominiums or townhomes) the number
of STR Permits allowed shall be as follows:
|
Number of units per property
|
Number of STR permits
|
|---|---|
|
Up to 3
|
1
|
|
4 or more
|
3
|
4.
The
STR operator shall identify, to the satisfaction of the City, a local
contact person, who shall be available 24 hours per day, seven days
a week for: (a) responding within one hour to complaints regarding
the condition, operation, or conduct of the STR or its occupants;
and (b) taking any remedial action necessary to resolve such complaints.
In the event the STR is "hosted", the host shall be the local contact
person.
5.
The
dwelling unit or property used as a STR shall not be the subject of
any active or pending code enforcement actions or violations pursuant
to the City's Municipal Code.
6.
If
the dwelling unit or property used as a STR is subject to the rules
of a homeowners' or condominium association, short-term rental activity
must comply with those rules, and this chapter shall not be inferred
to grant any permission that invalidates or supersedes any provisions
of those homeowners' or condominium associations.
7.
The
host or operator 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 Huntington Beach, the
City Council of the City of Huntington Beach, individually and collectively,
and the City of Huntington Beach 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 the STR host or operator's
actions or inaction in the operation, occupancy, use, and/or maintenance
of the short-term rental.
8.
The
STR shall be a legally permitted dwelling unit. Accessory dwelling
units or junior accessory dwelling units may be permitted as a STR
only if the unit was legally established prior to the effective date
of this ordinance and otherwise meets the requirements of this chapter.
G.
The
host/operator shall provide proof that the STR is not prohibited by
the Homeowners' Association Conditions Covenants and Restrictions
or any other community standards/guidelines, applicable to the proposed
STR.
(4224-2/21, 4238-12/21)
A.
All
marketing and advertising of a STR, including any listing on a hosting
platform, shall clearly list the City-issued STR permit number.
B.
STR
is prohibited in any part of the property not approved and permitted
for residential use including, but not limited to, vehicle(s) parked
on the property, storage sheds, trailer(s), garage(s), boat(s) or
similar watercraft, tree house(s), or any temporary structure(s),
including, but not limited to, tent(s).
C.
Unhosted
STRs are prohibited in the City of Huntington Beach except in Zone
2. Existing unhosted STRs in Sunset Beach have until March 1, 2022
to obtain a STR Permit.
D.
Each
STR shall have a notice posted within the unit in a location clearly
marked and accessible to the guest (e.g., posted on the refrigerator,
included within a binder with additional information on the unit,
etc.), containing the following information:
1.
The
maximum number of occupants permitted in the unit;
2.
Location
of parking spaces;
3.
Trash
and recycling pickup information;
4.
Emergency
contact information for police, fire, or emergency medical services;
and
5.
Evacuation
plan for the unit showing emergency exit routes, exits, and fire extinguisher
locations.
E.
The
name of the local contact and a telephone number at which that person
may be reached on a 24-hour basis posted in a place that can be read
by a member of the public without entering the STR.
F.
No
sign shall be posted on the exterior of the STR to advertise the availability
of the unit.
G.
It is unlawful for any STR operator, host, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to 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 sensitivities residing in the area, or which violates any provision of Chapter 8.40 ("Noise Control") of the Huntington Beach Municipal Code.
H.
The
minimum age of STR tenants shall be 25 years old.
I.
Following
compliance with California Streets and Highways Code 36600 et al.,
STRs will become part of the Huntington Beach Tourism Business Improvement
District (BID) and comply with all requirements including payment
of legally established BID assessments.
J.
The
City will post STR contact information on the City website for the
public to access.
K.
An
STR may not be operated as any other commercial home-based business.
(4224-2/21, 4238-12/21)
A.
The
host or operator shall provide information on the maximum allowed
number of occupants, parking capacity and location of parking spaces,
noise regulations and quiet hours, and trash and recycling disposal
requirements to prospective guests, prior to their occupancy.
B.
The
host or operator shall provide and maintain working fire extinguishers,
smoke detectors, and carbon monoxide detectors, in compliance with
life, fire, and safety codes; and information related to emergency
exit routes on the property, local contact, and emergency contact
information.
C.
The
host or operator shall maintain and provide proof of liability insurance
appropriate to cover the STR as required by the City.
D.
Transient occupancy taxes shall be collected on all STRs pursuant to Huntington Beach Municipal Code Chapter 3.28. If a hosting platform does not collect payment for the rental, hosts or operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 3.28 (Uniform Transient Occupancy Tax). Upon compliance with California Streets and Highways Code Section 36600 et seq., the host or operator shall also be responsible for collection and remittance of all BID assessments. If a hosting platform does collect payment for the STRs, then the hosting platform and the operator and host shall both have legal responsibility for the collection and remittance of the TOT and BID assessment.
E.
The
operator, host and/or property owner shall be jointly responsible
and liable for any licit or illicit activity which may create a nuisance
or other tortious violations arising at a STR.
F.
The
host or operator shall authorize any hosting platform on which his
or her STR(s) is listed to provide to the City the operator listing
and other information to demonstrate compliance with all provisions
of this chapter.
(4224-2/21)
A.
Hosting
platforms shall not process or complete any booking transaction for
any STR, unless the STR has a valid current STR permit issued by the
City. Hosting platforms are required to list the STR Permit number
and expiration date.
B.
Within
45 days of the effective date of this ordinance, hosting platforms
with listings located in the City shall provide to the City contact
information of the hosting platform.
C.
A hosting
platform with listings located in the City shall provide to the City
on a monthly basis, in a format specified by the City, the STR permit
number of each listing, the name of the person responsible for each
listing, the address of each such listing, and, for each booking transaction
that occurs within the reporting period, the number of days booked,
and the total price paid for each rental.
D.
Hosting
platforms shall remove any listings for STRs, including those on the
City's prohibited buildings list, from the platform upon notification
by the City.
E.
STR
hosts or operators shall be responsible for collecting all applicable
TOT and TBID assessments and remitting the same to the City.
F.
All
hosting platforms operating in the City must comply with all Federal,
State, or Local (including the Huntington Beach Municipal Code) laws.
(4224-2/21, 4238-12/21)
A.
Violations
of this chapter include, but are not limited to:
1.
Failure
of the local contact person to take action to respond to a complaint
within one hour after the complaint is received or a contact is attempted,
and the local contact person cannot be reached;
2.
Failure
to notify the City when the local contact person's information changes;
3.
Violation
of the STR maximum occupancy, noise, or other requirements as set
forth in this chapter;
4.
Providing
false or misleading information on a STR permit application, or other
documentation required by this chapter;
5.
Any
attempt to rent an unregistered STR by advertising the property for
short-term rental purposes;
6.
Completing
a booking transaction in the City without a valid City-issued STR
permit number;
7.
Completing
a booking transaction where the STR permit has been revoked or suspended
by the City;
8.
Violations
of State, County, or City health, building, or fire regulations;
9.
Conduct
or activities at the STR that constitute a public nuisance or which
otherwise constitute a hazard to public peace, health, or safety;
10.
Authorizing, permitting, facilitating or otherwise allowing any unhosted
STR occupancy or activity in any dwelling unit in the City, except
as legally permitted in Sunset Beach.
B.
The
fine for violations of any provision of this chapter shall be $1,000
for each violation. Each separate day in which a violation exists
may be considered a separate violation. However, a 30-day warning
period shall be provided prior to issuing fines for advertising a
STR without a valid STR permit number.
C.
If
three fines have been issued against a STR host or operator within
a 12-month period, the STR permit shall be revoked, or suspended,
or additional conditions may be imposed by the Director by providing
written notice to the STR host or operator setting forth the basis
of the intended action and giving the STR host or operator an opportunity,
within 14 calendar days, to present responding information to the
Director. After the 14 day period, the Director may determine whether
to revoke the STR permit, suspend the STR permit, or impose additional
conditions upon the STR permit and thereafter give written notice
of the decision to the STR host or operator. If a STR permit is revoked,
the STR may not be re-registered with the City for a period of 12
months from the date of revocation.
D.
The
City hereby finds and declares that repeated violations of this chapter
constitute a public nuisance which may be enjoined under all applicable
laws including Code of Civil Procedure Section 731.
E.
Any
person, hosting platform, or STR host or operator 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 action brought
by the City shall be ordered to reimburse the City its full investigative
and enforcement costs, pay back all unpaid TOT if applicable, and
remit all illegally obtained rental related revenue to the City.
F.
Pursuant
to the Huntington Beach Charter, the City may issue and serve administrative
subpoenas as necessary to obtain specific information regarding STR
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 STR listings comply with
this chapter. Any subpoena issued pursuant to this section shall not
require the production of information sooner than 30 days from the
date of service. A person, hosting platform, or STR operator that
has been served with an administrative subpoena may seek judicial
review during that 30-day period.
G.
The
remedies provided in this section are cumulative and not exclusive,
and nothing in this section shall preclude the use or application
of any other remedies, penalties, or procedures established by law.
H.
The
City Manager, or designee, shall have the authority to establish administrative
rules and regulations consistent with the provisions of this chapter
for interpreting, clarifying, carrying out, furthering, and enforcing
the requirements and the provisions of this chapter.
I.
If
any provision of this chapter conflicts with any provision of Title
20-25 (Zoning), the terms of this chapter shall control.
(4224, 2/21)
If any provision or clause of this chapter or the application
thereof to any person or circumstances is held to be unconstitutional
or to be otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect other section provisions, or clauses,
or applications, and to this end the provisions, sections, and clauses
of this ordinance are declared to be severable.
(4224, 2/21)
