For the purpose of this chapter, the following definitions shall
apply:
"Accessory dwelling unit"
has the meaning set forth in
Government Code Section 65852.2
and means an attached or detached residential dwelling unit that provides
complete independent living facilities for one or more persons and
is located on a lot with a proposed or existing primary residence.
It shall include permanent provisions for living, sleeping, eating,
cooking and sanitation on the same parcel as the single-family or
multifamily dwelling is or will be situated. An accessory dwelling
unit is not an accessory building or structure.
"Agent"
shall mean any person who is authorized in writing by the
owner to represent and act for an owner.
"Booking transaction"
shall mean any reservation or payment service provided by
a person who facilitates a short-term lodging rental transaction between
a transient user and owner for the use of a unit for a period of less
than thirty consecutive calendar days.
"City manager"
shall mean the city manager of the city or his or her designee.
"Finance director"
shall mean the finance director of the city or his or her
designee, which includes outside consultants and/or agents of the
city, including any outside auditors as designated and/or assigned
by the city.
"Gross floor area"
shall mean the area of the lodging unit that includes the
surrounding exterior walls and any interior finished portion of a
structure that is accessible and that measures more than six feet
from finished floor to ceiling. Stairwells and elevator shafts above
the first level shall be excluded from the calculation of gross floor
area.
"Home-sharing"
shall mean an activity whereby the owner hosts a transient
user in the owner's lodging unit, for compensation, for periods of
less than thirty consecutive calendar days, during which time the
owner of the unit lives on site, in the unit, throughout the transient
user's stay and the owner, the transient user, and any other occupants
live together in the same unit as a single housekeeping unit.
"Hosting platform"
shall mean a person, corporation, entity, or company, other
than an owner or agent, who participates in the short-term rental
and/or lodging business by facilitating a booking transaction using
any medium of facilitation.
"Owner" (or "owner")
shall mean the person(s) that hold(s) legal and/or equitable
title and/or rights to the lodging or rental unit.
"Person"
shall mean any individual and any form of business entity,
including, but not limited to, all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, business or common law trusts, societies, or limited
liability companies.
"Primary residence"
shall mean that the owner lives and stays at the unit for
a minimum of two hundred seventy calendar days in a calendar year.
"Residential district"
shall mean those areas of the city so designated by Title
17 as well as any other area in the city designated for a residential use as part of a planned community development plan, specific area plan, or planned residential district.
"Short-term"
shall mean a lodging unit that is rented or leased as a single
housekeeping unit for a period of less than thirty consecutive calendar
days. This also includes home-sharing.
"Short-term lodging permit"
means a permit issued by the city that allows an owner to
participate in the short-term rental program consistent with this
chapter.
"Short-term lodging unit registry"
shall mean the published registry maintained by the city
that sets forth a list of all owners and the address of all units
that have a valid short-term lodging permit and business license with
the city, a copy of which is available, without charge, to any person
who requests a copy and which shall be accessible on the city's website.
"Transient" or "transient user"
shall mean any person or persons who, for any period less
than thirty consecutive calendar days either at his or her own expense,
or at the expense of another, obtains lodging in a rental unit, lodging
unit, or the use of any lodging space in any unit, for which lodging,
or use of lodging space, incurs a charge.
(Ord. O2022-04 § 1)
Only properties in a residential district that are authorized under Titles
17 and this chapter shall be eligible for a short-term lodging permit. Such zones shall include only: R-1 One-family Dwelling, R-2 Limited Multiple-Family Dwelling, and R-3 Multiple-Family Dwelling.
Furthermore, only primary residences within eligible zones shall
be eligible to receive a short-term lodging permit. A "primary residence"
shall mean the residence in which the owner lives and stays at for
a minimum of two hundred seventy calendar days in a calendar year.
(Ord. O2022-04 § 1)
No owner of a rental unit shall advertise for rent or rent a
lodging unit located within a residential district for a short-term
without a valid short-term lodging permit for that unit issued pursuant
to this chapter.
(Ord. O2022-04 § 1)
An owner may retain an agent to comply with the requirements
of this chapter, including, without limitation, the filing of an application
for a short-term lodging permit, the management of the short-term
lodging unit or units, and the compliance with the conditions to the
short-term lodging permit. However, the permit shall be issued only
to the owner of the short-term lodging unit or units. The owner of
the short-term lodging unit, rental unit, or units is responsible
for compliance with the provisions of this chapter and the failure
of an agent to comply with this chapter. Nothing herein shall preclude
the city from taking any action against the owner as set out by this
chapter or the code, simply because the owner has retained an agent.
(Ord. O2022-04 § 1)
An application for an annual short-term lodging permit, or renewal
thereof, shall be filed with the finance director upon forms provided
by the city and shall contain the following information:
A. The
name, address, and telephone number of the owner of the unit for which
the short-term lodging permit is to be issued.
B. The
name, address, and telephone number of the agent, if any, of the owner
of the unit.
C. Evidence
of a valid business license issued by the city for the separate business
of operating a short-term lodging unit or units.
D. The
number of bedrooms in the lodging unit, and the number of bedrooms
(with a maximum of two in each unit) that the owner intends to allow
for a short-term rental. The entirety of a home and/or unit is precluded
from receiving a permit or being rented out as a short-term rental
under this chapter.
E. The
gross floor area of the lodging unit.
F. The
number of parking spaces available on site and a description indicating
the location and size of each parking space.
G. A nuisance
response plan, which sets forth the owner's plan for handling disruptive,
transient users/guests.
H. A certification
that the applicant has reviewed the covenants, conditions, and restrictions,
if any, and a short-term use is permitted at the location pursuant
to the terms of the covenants, conditions, and restrictions, if any.
I. Acknowledgement
of receipt and inspection of a copy of all regulations pertaining
to the operation of a short-term lodging unit.
J. The
name, address, telephone number, and email of the individual (be it
the owner, agent, or another) who shall be responsible to responding
to complaints by neighbors, the city, and/or law enforcement regarding
issues with the short-term rental. Such information will be made available
on the city's website. This individual must meet the guidelines set
out below in Section 3.40.090(A)(9)(a).
K. Such
other information as the city manager deems reasonably necessary to
administer this chapter.
(Ord. O2022-04 § 1)
If permits are available for issuance, no application filed by an owner for an annual permit or renewal of a permit for a unit eligible to be used as a short-term lodging unit, as provided for in Section
3.40.060 and this code, shall be denied unless:
A. The
owner does not have a current, valid business license;
B. The
owner has failed to pay transient occupancy tax, the visitor service
fee, a penalty, a fine or inspection cost, due and owing to the city;
C. The
nuisance response plan is deemed inadequate by the city manager or
his or her designee;
D. The
property line of the proposed short-term rental unit or lodging unit
is within one hundred yards of an existing short-term rental unit
or lodging;
E. The
short-term lodging permit for the same unit and issued to the same
owner has been revoked;
F. The
owner is in the process of selling the unit;
G. A hosting
platform has determined that the owner is not permitted to conduct
short-term rentals;
H. The
owner has been convicted of a crime of moral turpitude;
I. The
owner attempts to seek a short-term rental permit for the entirety
of a unit or home, in violation of this chapter;
J. The
owner neither has nor can provide off-street parking for transient
users; or
K. The
unit in question is not the primary residence of the owner. Primary
residence shall mean that the owner lives and stays at the unit for
a minimum of two hundred seventy calendar days in a calendar year.
(Ord. O2022-04 § 1)
An application or renewal application for a short-term lodging
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 and for providing the answering service.
(Ord. O2022-04 § 1)
In addition to any fine or penalty that may be imposed pursuant
to any provision of this code, a short-term lodging permit for a unit
may be suspended or revoked as provided in this section.
A. Suspensions/Revocations.
1. Except as otherwise provided in this subsection, if any person violates any short-term lodging permit condition two or more times in any twelve month period or any other provision of this code, state law or federal law, two or more times in any twelve month period, and the violation relates in any way to the unit that has a short-term lodging permit, the short-term lodging permit for the unit may be suspended for a period of six months in accordance with subsection
(B) of this section.
2. In the case of a short-term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this code during the period that the safety enhancement zone is in effect, the short-term lodging permit for the unit may be suspended for a period of one year or revoked in accordance with subsection
(B) of this section.
3. If a lodging unit that is subject to a short-term lodging permit has been the location of two or more violations of public peace, morals, and welfare, as defined in Title
9 of this code, while the lodging unit was occupied on a short-term basis within any eighteen month period, the permit may be suspended for a period of one year or revoked in accordance with subsection
(B) of this section. If a violation of Title
9 occurred prior to the passage of this section, such a violation shall not be included for purposes of this section.
4. If a person violates Section
3.40.090 or
3.40.100 regarding any unit that has had a short-term lodging permit suspended pursuant to subsection
(B) of this section, the short-term lodging permit for the unit may be revoked in accordance with subsection
(B) of this section.
5. If any person violates any short-term lodging permit condition or any other provision of this code, state, or federal law within six months of having a previously suspended short-term lodging permit reinstated for a unit and the violation relates in any way to the unit that has the short-term lodging permit, the short-term lodging permit for the unit may be revoked in accordance with subsection
(B) of this section.
6. If any person violates: (1) any short-term lodging permit condition three or more times in any twelve-month period; or (2) any provision of this code, state or federal law three or more times in any twelve-month period and the violations relates in any way (directly or indirectly) to the unit that has a short-term lodging permit, the short-term lodging permit for the unit may be revoked in accordance with subsection
(B) of this section.
7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter or Chapter
3.16, in regards to any unit that has a short-term lodging permit, two or more times within any twenty-four month period, the short-term lodging permit for the unit may be revoked in accordance with subsection
(B) of this section.
8. If any person is determined to have provided false information on an application for an annual short-term lodging permit, or renewal thereof, the short-term lodging permit for the unit may be revoked in accordance with subsection
(B) of this section.
B. Permits
shall be suspended or revoked, only in the manner provided in this
section.
1. The city manager shall designate one or more city employees (each to be known as a "designee") to investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a permit condition, and/or this code, or any state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on-site property inspections. Should the investigation reveal a preponderance of the evidence to support a finding that warrants a suspension or revocation of the short-term lodging permit, the designee shall issue written notice of intention to suspend or revoke the short-term lodging permit. The written notice shall be served on the owner in accordance with Chapter
1.10 of this code, and shall specify the facts which, in the opinion of the designee, constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short-term lodging permit shall be suspended and/or that the short-term lodging permit shall be revoked within thirty calendar days from the date the notice is given, unless the owner files with the city manager's office, before the suspension and/or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the city, and pays the fee for the hearing as established by resolution of the city council.
2. If the owner requests a hearing and pays the hearing fee established by resolution of the city council within the time specified in subsection (B)(1) of this section, the designee shall serve written notice on the owner, pursuant to Chapter
1.10 of this code, setting forth the date, time, and place for the hearing. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence, and submit proposed findings and recommendations to the city manager. The city manager shall suspend or revoke the short-term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The city manager shall render a decision within thirty calendar days of the hearing and the decision shall be final.
C. If a
short-term lodging permit is suspended, it shall be the owner's responsibility
to vacate any future bookings and remove all advertisements related
to the short-term rental of the unit during the term of the suspension.
If a short-term lodging permit is revoked, it shall be the owner's
responsibility to vacate any future bookings and remove all advertisements
related to the short-term rental of the unit.
D. After any suspension, the owner may reapply for reinstatement of the short-term lodging permit, which shall be processed in accordance with this section, provided the owner has paid the city all amounts owed the city in accordance with Title
3 and has abided by all rules and regulations set out herein.
(Ord. O2022-04 § 1)
Permits and fees required by this chapter shall be in addition to any license, permit, or fee required under any other chapter of this code. The issuance of any permit pursuant to this chapter shall not relieve the owner of the obligation to comply with all other provisions of this code, including, but not limited to, those provisions pertaining to the use and occupancy of the lodging unit or the property on which it is located as well as the collection and remittance of transient occupancy taxes and visitor service fees in accordance with this chapter and Chapters
3.16 and
3.42.
(Ord. O2022-04 § 1)