This chapter is adopted in accordance with California Constitution
Article XI, Section 7 and Civil Procedure Code Section 731, including
any successor statutes, for the purpose of regulating short-term rentals
and identifying public nuisances. Adopting this chapter is a municipal
affair and will protect public health, safety, and welfare by ensuring
that the characteristics of rental neighborhoods are preserved; reducing
the secondary effects that may result from permissible short-term
rentals; proactively combating public nuisances; and imposing criminal
and civil penalties upon persons violating this chapter.
(Ord. 2200 § 2, 2020)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter.
"Director"
means, unless otherwise designated by the City Manager, the
City Planner.
"Nuisance response plan"
means a written plan designed to mitigate the secondary effects
of allowing short-term rentals within residential neighborhoods as
described in this chapter.
"Owner"
means the person or persons holding fee title or leasing
a dwelling unit operated and used as a short-term rental, or the agents
of any such persons.
"Short-term rental"
means a dwelling unit other than a unit located in a hotel
or motel that is rented to a person or persons for a period shorter
than thirty consecutive days.
(Ord. 2200 § 2, 2020)
The following constitute a violation of this chapter and are
unlawful:
(A) For any person to own, operate, or maintain a short-term rental without
a valid permit issued pursuant to this chapter.
(B) For any person to rent, offer to rent, or advertise for rent a short-term
rental to another person without a valid permit issued pursuant to
this chapter.
(C) For any person to offer to rent or advertise for rent a short-term
rental without including in the offer or advertisement the permit
number applicable to the property substantially in the form of "Monterey
Park Permit No. __________." The permit number must be printed in
the same size type as the largest type used in the main body of the
offer or advertisement.
(D) Failure of an owner to respond to a nuisance complaint arising out
of the occupancy and use of the short-term rental by a tenant, or
the tenant's visitors or guests in the manner and within the time
required by a nuisance response plan.
(E) Failure of an owner to keep a nuisance response plan on file with
the Director containing the name of the current responsible person
for responding to a nuisance complaint.
(F) Failure of an owner to keep a valid surety bond on file with the
Director during the effective term of the permit.
(G) Failure of any person to comply with or cause compliance with any
performance standard listed in this chapter.
(Ord. 2200 § 2, 2020)
The Director will receive applications; issue and revoke permits;
interpret; and otherwise implement this chapter. The Director may
promulgate administrative policies and procedures to implement this
chapter.
(Ord. 2200 § 2, 2020)
Except as otherwise provided by applicable law, all fees applicable
to this chapter will be established by City Council resolution.
(Ord. 2200 § 2, 2020)
A permit may be denied for the following reasons:
(A) The application is incomplete;
(B) The applicant failed to provide reasonable supplemental application
information requested by the Director;
(C) Information submitted by the applicant is materially false;
(D) A permit may be denied if a short-term rental permit issued to the
applicant or for the property was suspended or revoked in the previous
24 months.
(Ord. 2200 § 2, 2020)
Each owner, and each tenant or occupant of a short-term rental,
must comply with or cause compliance with these performance standards:
(A) The owner must ensure that the short-term rental complies with all
applicable codes regarding fire, building and safety, and all other
applicable laws.
(B) The owner must require the primary overnight and daytime occupant
of the short-term rental to be an adult 18 years of age or older.
This adult must provide a telephone number to the owner and be accessible
to the owner by telephone at all times.
(C) Before occupancy, the owner must obtain the name, address, and a
copy of the government issued identification of the primary adult
occupant of the short-term rental. The owner must require that adult
to sign a formal acknowledgement that he or she is legally responsible
for compliance of all occupants of the short-term rental or their
guests with all provisions of this chapter. This information must
be provided by the responsible person identified in the nuisance response
plan upon request of any police officer or employee of the City authorized
to enforce this code or applicable law.
(D) The owner must limit overnight occupancy of the short-term rental
to a specific number of occupants, with the maximum number of overnight
occupants being two persons within each short-term rental plus a number
that does not exceed two persons per bedroom within each short-term
rental.
(E) The owner must limit the number of vehicles associated with the overnight
occupancy of the short-term rental to a specific number of vehicles,
with the maximum number of vehicles being the number of offstreet
parking spaces available at the property.
(F) Trash and refuse cannot be left stored within public view, except
in proper containers for the purpose of collection on scheduled trash
collection days. The owner of the short-term rental must provide sufficient
trash collection containers and service to meet the demand of the
occupants.
(G) Each lease or rental agreement for a short-term rental must include
the following terms, notifications and disclosures, which terms will
also be posted in a conspicuous location inside the unit:
(1) The maximum number of overnight occupants and day use visitors that
are permitted.
(2) The maximum number of vehicles that overnight occupants may park
at the short-term rental.
(3) Notification that on-street parking is extremely limited in some
areas of the City.
(4) The trash pick-up day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property.
(5) Notification that the occupant may be cited or fined by the City
and/or immediately evicted by the owner pursuant to applicable law,
in addition to any other remedies available at law, for violating
any other provisions of this code.
(6) Notification that failure to conform to the occupancy requirements
of the short-term rental is unlawful.
(7) Notification that amplified sound, including radios, televisions
and other electronic devices are subject to the noise regulations
in this code.
(8) A prohibition on illegal loud parties, along with notification of
the City's right to recover the costs of special enforcement needed
to address certain loud parties.
(9) The name of the managing agency, agent, rental manager, local contact
person, or owner of the unit, and a telephone number at which that
party may be reached at all times.
(10) A copy of the "Good Neighbor Guidelines" which may from time to time
be prepared by the Director. These guidelines may include location-specific
information, such as neighborhood quiet hours, local speed limits
and the prohibition of fireworks.
(11) Notification that the property is part of the City of Monterey Park's
Short-Term Rental Program.
(12) A copy of this chapter as it may be amended from time to time.
(13) Upon receiving a nuisance complaint or upon notification of an allegation
that any occupant and/or guest of the short-term rental created unreasonable
noise or disturbances, engaged in disorderly conduct, or committed
violations of this code or any applicable law, the owner must promptly
respond and take timely corrective action to prevent a recurrence
of such conduct by those occupants or guests. Failure of the owner
to respond promptly and/or to take timely corrective action regarding
the condition, operation, or conduct of occupants of the short-term
rental is a violation of this chapter. An owner is not required or
authorized to act as a peace officer or to intervene in situations
that pose a risk to personal safety. The owner, or his or her agent,
must maintain records of the name, violation, date, and time of each
complaint, disturbance, response and corrective action.
(14) The owner must cause a copy of the nuisance response plan to be posted
in a conspicuous place within the property.
(15) The owner must annually provide to Director written confirmation
of compliance with all elements of the performance standards and the
approved nuisance response plan and confirming that the nuisance response
plan is current and accurate.
(16) The performance standards may be modified by the Director upon request
of the owner based upon site-specific circumstances for the purpose
of allowing reasonable accommodation of a short-term rental occupant
as may be required by applicable disability laws. All requests must
be in writing and identify how the strict application of the standard
conditions creates an unreasonable hardship to a property such that,
if the requirement is not modified, reasonable use of the property
for a short-term rental would not be allowed.
(Ord. 2200 § 2, 2020)
The Director and any sworn public safety officer may temporarily
suspend a permit whenever there is an emergency that requires such
action to protect public safety. Should this occur, the permittee
and tenants of a short-term rental will immediately comply with the
suspending officer's instructions. The Director will immediately attempt
to notify the applicant orally and will notify the applicant and the
City Manager in writing, within 24 hours after the suspension, citing
with particularity the facts and the reasons for the suspension.
(Ord. 2200 § 2, 2020)