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)
"Booking Transaction"
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.
"City"
means City of Huntington Beach.
"Director"
means the Director of Community Development or a designee.
"Guest"
means any person or persons renting a short-term rental as
a transient occupant.
"Host"
means a property owner who is an occupier of the property
at the time of, and for the duration of, the short-term rental.
"Hosted Stay"
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).
"Hosting Platform"
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.
"Local Contact Person"
means the operator or host or person designated thereof to
respond to and take remedial action regarding short-term rental issues
or complaints.
"Platform Agreement"
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.
"Primary Residence"
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.
"Prohibited Buildings List"
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.
"Short-Term Rental ("STR")"
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.
"Short-Term Rental Operator" or "Operator"
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.
"Short-Term Rental Tenant"
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.
"Unhosted Short-Term Rental"
means a short-term rental in Sunset Beach, where there is
no host and the operator resides off-site during the guest's stay.
"Zone 1"
means the City of Huntington Beach excluding the property
located within the Sunset Beach Specific Plan.
"Zone 2"
means property located within the Sunset Beach Specific Plan.
(4224-2/21, 4238-12/21)
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)