The purpose of this chapter is to:
(a) 
Allow limited short-term rental uses while preventing the loss of housing stock;
(b) 
Preserve residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance and safety impacts on adjacent neighbors; and
(c) 
Provide a registration process for the city to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes.
(Ord. 1989 § 1, (2020))
For purposes of this section, the following definitions shall apply:
"Adjacent properties"
means the dwelling units located next to and immediately across the street from the dwelling unit in which the short-term rental is located.
"Authorized agent"
means the person specifically authorized by a host of an un-hosted short-term rental to represent and act on behalf of the host and to act as an operator, manager and contact person of an un-hosted short-term rental, and to provide and receive any notices identified in this chapter on behalf of the host. The authority to operate and manage the short-term residential rental unit must include the authority to enter the unit at any time while rented for the purposes of verifying compliance with applicable laws. The authorized agent may include the host, or persons other than the host.
"Host"
means any person who is the owner of record of residential real property or any person who is a lessee of residential real property pursuant to a written agreement for the lease of such real property, who offers a dwelling unit, or portion thereof, for short-term rental either through a hosting platform or individually as an operator. The host is the person to whom a short-term residential rental permit is issued pursuant to this section.
"Hosted short-term rental"
means a short-term residential rental at which the host is present while it is being rented. A host is considered present when they are on the premises at all times between the hours of 10:00 p.m. and 6:00 a.m.
"Hosting platform"
means a means through which a host may offer a dwelling unit, or portion thereof, for short-term rental. A hosting platform includes, but is not limited to, an internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the short-term renter pays rent directly to the host or to the hosting platform.
"Listing"
means the advertisement and agreement to rent a primary residence or portion of a primary residence to a short-term renter for designated dates. A single listing may not include multiple rental agreements with more than one individual renter, though multiple people may be included in an individual renter's party.
"Primary residence"
means a dwelling unit where a person has been physically present and that the person regards as home. A person may only have one primary residence at any given time. Evidence of a person's primary residence includes, but is not limited to, documentation from income tax statements or a driver's license. If a property has multiple dwelling units, each dwelling unit shall be considered a separate residence subject to the primary residence requirement.
"Short-term rental"
means the use or possession of or the right to use or possess any room or rooms, or portions thereof in any dwelling unit for residing, sleeping or lodging purposes for less than 30 consecutive calendar days, counting portions of days as full calendar days.
"Short-term renter"
means a person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of less than 30 consecutive calendar days, counting portions of calendar days as full calendar days.
"Un-hosted short-term rental"
means a short-term residential rental that is not hosted.
(Ord. 1989 § 1, (2020))
Short-term rental uses shall be permitted in any primary residence subject to the requirements of this section, including compliance with the operating standards, registration, transient occupancy tax payments, and recordkeeping obligations. Short-term rentals are not permitted in accessory dwelling units, as described in Chapter 25.59 of the Burlingame Municipal Code. Except as provided for in this section, all other short-term rental uses shall be prohibited.
(Ord. 1989 § 1, (2020))
(a) 
Application. Prior to advertising or making available the primary residence for renting, hosts shall register their primary residence as a short-term rental with the city. This registration shall be submitted on a form prepared by the city and shall include:
(1) 
The name and contact information of the host;
(2) 
The address of the primary residence being used for short-term rental;
(3) 
The number of off-street parking spaces on site;
(4) 
Proof of ownership of the proposed short-term residential rental unit, or proof of the property owner's consent to the property's use as a short-term residential rental;
(5) 
Documentation that establishes the proposed short-term residential rental unit is the applicant's primary residence;
(6) 
The contact information for the authorized agent;
(7) 
An acknowledgement of compliance with the requirements of the city's zoning ordinance, municipal codes, and applicable health and safety standards;
(8) 
A city of Burlingame business license for the short-term residential operation; and
(9) 
Other information as requested.
(b) 
Fee. The registration form shall be accompanied by a filing fee in an amount established by resolution of the city council and updated from time to time.
(c) 
Application Completeness. The submitted information shall be used to determine whether to register the short-term rental. The host will be notified if an application is incomplete. If the host fails to submit the required information or fees necessary to complete the application within one year, the application shall expire and be deemed withdrawn.
(d) 
Decision. The community development director or designee shall be responsible for acting on short-term rental registration applications. After an application is deemed complete, registration shall be approved where:
(1) 
The host demonstrates the ability to meet the requirements of this chapter;
(2) 
The subject primary residence is not the subject of an active code compliance order or administrative citation from the city in the past 12 months; and
(3) 
A short-term rental registration for the primary residence has not been denied or revoked in the prior 24 month period.
(e) 
Denial. The community development director or designee may deny a short-term rental registration application when the application does not meet the criteria listed in subsection (d) above.
(f) 
Validity. An approved registration shall be valid and payable on a fiscal year basis. An approved registration shall be personal to the host and shall automatically expire upon sale or transfer of the dwelling unit. No registration may be assigned, transferred, or loaned to any other person.
(g) 
Annual Renewal. A registration shall be renewed annually upon payment of registration renewal fees and all required transient occupancy tax remittance associated with the short-term rental. The host shall submit such information concerning the short-term rental activity as may be required to enable the tax collector to verify the amount of tax paid. Failure to renew prior to the expiration date will result in expiration of the registration.
(h) 
Requirements Not Exclusive. The issuance of a short-term rental registration shall not relieve any person of the obligation to comply with all other provisions of this code applicable to the use and occupancy of the property.
(i) 
Administrative Policy. The community development director or designee shall have the authority to develop administrative policies to implement the intent of this chapter.
(Ord. 1989 § 1, (2020))
The following operating standards shall apply to short-term rentals:
(a) 
Legal Dwelling. Short-term rentals may only occur within legal dwelling units.
(b) 
Limitation on Listings. Short-term rentals shall not have more than one listing for the same primary residence on the same days.
(c) 
Annual Limit. A primary residence may be occupied as an un-hosted short-term rental for no more than 120 days per calendar year per unit. There shall be no limit on the number of days a primary residence may be occupied as a hosted short-term rental.
(d) 
Authorized Agent. Hosts shall identify to all guests and all occupants of adjacent properties an authorized agent to be available 24 hours per day, seven days per week during the term of any un-hosted short-term rental. The designated authorized agent shall be available under the following terms:
(1) 
When the short-term residential rental unit is rented, the host (for a hosted short-term rental) or at least one authorized agent (for an un-hosted short-term rental) must respond to all telephone and e-mail messages relating to issues of permit compliance or the health, safety, or welfare of the public or the renter at the short-term residential rental unit within 30 minutes at all times, 24 hours per day.
(2) 
The host (for a hosted short-term rental) or at least one authorized agent (for an un-hosted short term-rental) must be on the premises of the short-term residential rental unit within one hour of being notified of complaints regarding the condition or operation of the dwelling unit or the conduct of guests and take remedial action to resolve such complaints.
(e) 
Parking. No additional parking shall be required for short-term rentals. Existing on-site parking spaces shall be made available to short-term renters.
(f) 
Refuse and Recycling. The host must provide appropriate refuse and recycling service for the short-term residential rental unit. The property must be free of debris both on site and in the street. Disposal regulations outlined in Chapter 8.16 of the Burlingame Municipal Code shall apply to all short-term rentals.
(g) 
Noise. Noise regulations outlined in Chapter 10.40 of the Burlingame Municipal Code shall apply to all short-term rentals.
(h) 
Special Events. Weddings, corporate events, commercial functions, parties/congregations, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.
(Ord. 1989 § 1, (2020))
Transient occupancy taxes must be collected for short-term rentals and paid to the city pursuant to Title 4, Chapter 4.09 of the city of Burlingame Municipal Code. Collection and remittance of TOT is the responsibility of the host. The hosting platform shall collect TOT when they have signed a voluntary collection agreement (or equivalent) with the city. If booked on a hosting platform, collection and remittance of TOT for short-term rentals shall be the primary responsibility of the hosting platform. Collection and remittance of TOT for short-term rentals shall be the responsibility of the host if booked directly through an individual host with no hosting platform involvement.
(Ord. 1989 § 1, (2020))
(a) 
Revocation of Registration. A short-term rental registration issued under the provisions of this section may be revoked by the community development director or designee after notice and hearing as provided for in this section, for any of the following reasons:
(1) 
Fraud, misrepresentation, or false statements contained in the application;
(2) 
Fraud, misrepresentation, or false statements made in the course of carrying on a short-term rental as regulated by this section;
(3) 
Any violation of any provision of this section or of any provision of this code; or
(4) 
Any violation of any provision of federal, state or local laws.
(b) 
Revocation Hearing. Before revoking a short-term rental registration, the community development director or designee shall give the responsible host notice in writing of the proposed revocation and of the grounds thereunder, and also of the time and place at which the host will be given a reasonable opportunity to show cause why the registration should not be revoked. The notice may be served personally upon the host or may be mailed to the host at the last known address or at any address shown upon the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing, the community development director or designee may, for the grounds set forth herein, revoke the registration.
(c) 
Appeal from Denial or Revocation of Registration. Any host whose application has been denied or registration has been revoked shall have the right to an administrative appeal before the city manager or a designated hearing officer. An appeal shall be filed in writing on a form provided by the city stating the grounds therefore within 10 days of the decision. The city manager or designated hearing officer shall hold a hearing thereon within a reasonable time and the decision shall be final.
(d) 
Waiting Period. Any host whose registration has been revoked due to a violation may be ineligible from applying for a new registration for the following durations:
(1) 
A six month period if listing limitation is exceeded (as described in Section 6.56.050(b)) or if the annual limit for un-hosted stays is exceeded (as described in Section 6.56.050(c)).
(2) 
A 12 month period if three or more nuisance or noise complaints are made and substantiated by the police department.
(3) 
A 24 month period for a single complaint made and substantiated by the police department related to a special event, as defined in Section 6.56.050(h)). More than one special-event related complaint shall fall under subsection (d)(4) below.
(4) 
Waiting periods for violations not defined by this section shall be determined by the community development director or designee.
(e) 
Suspension. Pending code enforcement or criminal complaints brought by the city shall be grounds for immediate suspension of the registration.
(f) 
Records of Compliance. The host shall retain records documenting the compliance with these requirements for a period of three years after each period of short-term rental, including, but not limited to, records showing payment of transient occupancy taxes by a hosting platform on behalf of a host. Upon reasonable notice, the host shall provide any such documentation to the city upon request for the purpose of inspection or audit to the city manager or designee.
(g) 
Violations. Penalties may be imposed for failure to comply with the provisions of this chapter and Chapter 4.09; such penalties include those relating to revocation set forth in this chapter, Chapter 4.09, and Title 1 of this code.
(Ord. 1989 § 1, (2020))
Notwithstanding any other provision of law, short-term rentals operating on or before the enactment of the ordinance codified in this chapter shall be considered existing, unpermitted uses. An amnesty period of one year after the effective date of the ordinance codified in this chapter is being offered to allow these existing, unpermitted uses to be legalized by conforming to the requirements of this section, including compliance with operating standards, registration, and recordkeeping obligations. Transient occupancy tax payments shall continue to be required at all times for short-term rentals, as of the effective date of the ordinance codified in this chapter, and must be collected and paid for the full duration of the amnesty period.
Applications to bring an existing, unpermitted short-term rental use into compliance shall be made on or before one year after the effective date of the ordinance codified in this chapter. Existing short-term rental uses that do not conform to the requirements of this section shall cease operation within one year of the effective date of the ordinance codified in this chapter and shall be prohibited from resuming unless and until the use conforms to the requirements of this chapter.
(Ord. 1989 § 1, (2020))