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.
means, unless otherwise designated by the City Manager, the
City Planner.
means a written plan designed to mitigate the secondary effects
of allowing short-term rentals within residential neighborhoods as
described in this chapter.
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.
has the same meaning as set forth in Section 4.20.030 of this code.
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)
(A)
Where this chapter require that an applicant/permittee be provided
notice, such notice will be served when personally delivered to such
applicant/permittee; when electronically mailed to the last known
email address; or when deposited in the first class U.S. Mail, addressed
to such applicant/permittee at the applicant/permittee's last known
address.
(B)
Unless otherwise provided, written notification to a permittee/applicant
of a permit decision will state with particularity the basis for such
decision.
(C)
Where this chapter requires that notice be provided to surrounding
properties, such notice must be in writing and be provided in person;
by mail; or other physical means approved by the Director, e.g., by
door hangers. Electronic mail is not acceptable.
(D)
Failure to receive actual notice does not invalidate actions taken
pursuant to this chapter including, without limitation, the validity
of a permit.
(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 applications will be filed by a natural person and be accompanied
by an application fee.
(B)
Permit applications will be in a form prescribed by the Director
and will contain the following information:
(1)
The name, mailing address, and daytime and evening telephone numbers
of the person filing the application;
(2)
A nuisance response plan containing the information required by this
chapter;
(3)
A transient occupancy registration certificate issued by the Management
Resources Director pursuant to this code;
(4)
Proof of homeowner's or renter's insurance for the short-term rental;
(5)
A surety bond in the amount of $1,500 in a form required by this
chapter or, in unusual circumstances, as approved by the City Attorney;
(6)
A written declaration affirming that, at least 30 days before filing
an application, occupants of all residences and businesses located
within 200 feet from the proposed short-term rental were notified
of the proposed permit and were informed in writing in a form acceptable
to the City of the proposed use and the contact information with the
City.
(7)
In addition to the information required by this section, applications
for all permits will include such supplemental information which the
Director may find reasonably necessary.
(Ord. 2200 § 2, 2020)
(B)
Use of any permit issued pursuant to this chapter will conform to
the general permit conditions of this chapter and, if applicable,
special permit conditions reasonably deemed necessary by the Director
to protect public, safety or welfare. Such special conditions may
include, without limitation, conditions for controlling pedestrian
or vehicle traffic and for protecting public or private property.
(C)
A permit is not valid until the Director receives the applicant's
written acceptance in accordance with this chapter.
(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)
(A)
A permit does not create a property interest and is personal to the
permittee.
(B)
Permittees must execute a hold harmless agreement in a form approved
by the City Attorney which will, in part, indemnify City, its officers,
employees, and agents, from any liability arising from permittee's
event in a form approved by the City Attorney's office. Such agreement
must be filed with the Director before a permit is issued.
(C)
Permittee must provide evidence to the Director that the short-term
rental is insured with valid home-owners or renter's insurance.
(D)
Every permit must specify the maximum number of overnight occupants
allowed at the short-term rental and the maximum number of vehicles
associated with the overnight occupancy of the short-term rental which
can be parked at the property. Notice of the permit approval must
be provided to everyone who files a written request for such notice.
(E)
Every permit will incorporate the approved nuisance response plan.
(F)
Every permit will incorporate the performance standards.
(G)
The validity of every permit is contingent upon the effectiveness
of the surety bond required by this chapter.
(Ord. 2200 § 2, 2020)
(A)
Each nuisance response plan must be in a form required by the Director
and, at a minimum, contain the following information:
(1)
The mailing address and telephone number of the owner of the residential
dwelling unit or units to be used as a short-term rental pursuant
to the permit.
(2)
The name, address and telephone number of the responsible person
who will be available by telephone, and who will be responsible for
promptly responding to or causing a prompt response to a nuisance
complaint arising out of the occupancy or use of the short-term rental(s)
by tenants, their visitors and/or their guests. For the purposes of
this chapter, a return telephone call to a complainant within 30 minutes
of the initial complaint is "prompt."
(3)
The manner of responding to or causing a response to a nuisance complaint
including, without limitation, how the complainant or complainants
will be notified of the response and the method of documenting prompt
responses and timely corrective action.
(4)
The manner of assuring timely corrective action to remedy the conditions
that caused the nuisance complaint. For the purposes of this chapter,
"timely corrective action" includes, at least, a telephone call to
the primary adult occupant of the short-term rental within 30 minutes
of the initial nuisance complaint.
(5)
The proposed maximum number of overnight occupants, with supporting
documentation identifying unusual size, interior layout, parking or
other physical characteristics, if any, that support a request for
occupancy greater than two persons per bedroom.
(6)
The number of off-street parking spaces and number of bedrooms available
at the short-term rental.
(B)
At any time, the owner may change the content of the nuisance response
plan approved as part of the permit by filing an amended nuisance
response plan with the Director. Such amended nuisance response plan
must contain the information and be in the form required by this chapter
and be accompanied by an amended response plan fee.
(C)
Promptly after a permit is issued, or an amended nuisance response
plan is approved, the Director will require the permittee to provide
proof that the nuisance response plan was mailed by first class mail
addressed to the owner or occupant of every property, any part of
which is located within a 200 foot radius of the property that is
to be used and occupied as a short-term rental, pursuant to such permit.
(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)
(A)
Each surety bond accompanying an application for a permit required
by this chapter must be issued by a surety licensed to do business
in the State of California that has an A.M. Best Financial Strength
Rating of at least "A-"; must name the City as the bond oblige; and
be conditioned on the payment of any administrative fine assessed
in the manner provided for by this code if:
(1)
The administrative fine was assessed either against the permittee
or against any tenant or other person occupying or using the short-term
rental operated pursuant to such permit; and
(2)
Arose out of a violation of this chapter, or the occupancy or use
of such short-term rental in a manner that violated any provision
of this code.
(B)
At any time after a permit is issued, the permittee may file a substitute
surety bond with the Director issued by a surety that meets the requirements
of this section. Upon determining that such substitute bond conforms
to such requirements, the Director will return the bond being replaced
by the substitute surety bond to the permittee.
(C)
Where the owner of property used and occupied as a short-term rental
pursuant to a permit approved and issued in the manner provided for
by this chapter determines to cease such use, the property owner must
promptly cause a notice of such determination to be filed with the
Director. Within 30 days following confirmation that there are no
pending enforcement actions arising from violations of this chapter,
the Director will return the surety bond provided to the City to the
permittee.
(Ord. 2200 § 2, 2020)
(A)
The Director may condition previously issued permits upon learning
or discovering facts not previously disclosed or reasonably discoverable.
(B)
Except where otherwise provided, a permittee may seek review of imposition
of subsequent conditions to the Director as provided in this chapter.
(Ord. 2200 § 2, 2020)
(A)
Except as otherwise provided, an applicant may request administrative
review of the Director's decision pursuant to this chapter.
(B)
Except as otherwise provided, a request for review must be commenced
within five days from the date on which written notice of the Director's
decision is served on the applicant/permittee.
(C)
If request is untimely, the Director may, nevertheless, extend the
time for commencing such review for good cause shown.
(D)
A request for administrative review will be on a form provided by
the Director and contain the following information:
(1)
The name, address and telephone number of the person making the request;
(2)
A description of the decision, determination or order which is the
subject of the review, and the date such decision, determination or
order was made or issued;
(3)
A brief description of all grounds for making the request; and
(4)
Such other information as may be required by the Director.
(E)
Upon request for administrative review being filed, the Director
will provide a copy of the notice to the City Manager within two business
days.
(F)
Upon receiving a request for review from the Director, the City Manager
will review the request and, within 10 business days of receiving
the request notice, provide the appellant with a written notification
that:
(G)
The City Manager may, but is not required to, conduct a hearing at
a time and place determined at the City Manager's sole discretion.
(H)
The City Manager's decision is final. There is no right to appeal
to the City Council.
(Ord. 2200 § 2, 2020)
(A)
The Director will revoke a permit upon learning or discovering facts
requiring permit denial not previously disclosed or reasonably discoverable.
(B)
The Director may revoke a permit when the permittee or event violates
the permit's terms and conditions, or when tenants of a short-term
rental violate applicable laws or regulations.
(C)
A permittee is entitled to appeal the Director's decision in accordance
with the time limits set forth for administrative reviews in this
chapter.
(D)
Any notification of action, whether oral or written, will describe
with particularity the facts and the reasons for the decision.
(E)
The City Manager's decision is a final determination. There is no
right of City Council appeal.
(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)
