It is the purpose of this chapter to establish regulations and
criteria for home-sharing in a manner which is consistent with the
following objectives:
A. To
help ensure that suitable, safe housing is available at a cost that
is affordable to current and future residents of the city consistent
with the goal, objectives, and policies of the city's housing element.
B. To
minimize the adverse impacts relating to the state's declared housing
crisis, on the city's housing supply, and on persons and households
of all income levels resulting from the potential loss of residential
units through their conversion to exclusive transient use.
C. To
prevent adverse impacts on residential neighborhoods that can occur
when residential units are converted to exclusive transient use and
are operated by agents and/or absentee owners/lessees who exercise
little or no supervision or control of occupants.
(Ord. 452 § 3, 2019)
No person or entity shall undertake, authorize, offer, facilitate an offer, maintain, advertise, book, or provide a dwelling unit or any portion thereof, in a residential zone or dwelling unit as provided for in Section
17.24.060(D) or as provided for in any specific plan, for rent for thirty consecutive calendar days or less to any transient, except as provided for in accordance with this chapter.
(Ord. 452 § 3, 2019)
For the purposes of this chapter, the following definitions
shall apply:
"Booking service"
means any reservation or payment service provided by a person
or entity who facilitates a home-sharing transaction between a host
and a prospective transient occupant.
"Exclusive transient use"
means that none of the dwelling unit's primary residents
resides on site, in the dwelling unit, throughout the transient occupant's
stay.
"Home-sharing"
means an accessory use of a dwelling unit whereby the host rents his or her primary residence to one or more transient occupants, for compensation, for periods of thirty consecutive days or less, while the host resides on site, in the dwelling unit, throughout the transient occupant's stay. Rental of units located within city-approved hotels, motels, bed and breakfasts, and boarding houses, single-room occupancy buildings, and dwelling units for which a tenant has a month-to-month rental agreement and the rental payments are paid on a monthly basis shall not be considered home-sharing. An approved accessory dwelling unit, as defined by the zoning ordinance, constitutes a separate dwelling unit for the purpose of defining a home-sharing use. An approved guest house, as defined by the zoning ordinance, shall not constitute a separate dwelling unit for the purpose of defining a home-sharing use. The term "home-share" may be used interchangeably with the term "home-sharing." "Host" means any person who offers his or her primary residence to a transient occupant(s) for home-sharing. A host may be an owner, lessee, or sub-lessee. "Host" shall have the same meaning as "operator" in Chapter
3.20 (Transient Occupancy Tax).
"Hosting platform"
means a person or entity who participates in the home-sharing
business by collecting or receiving a fee, directly or indirectly,
through an agent or intermediary, for conducting a booking service
using any means of facilitation. Hosting platforms usually, although
not necessarily, provide booking services through an online platform
that allows a host to advertise the residential unit through a website
provided by the hosting platform and hosting platform conducts a transaction
by which potential transient occupants arrange home-sharing use and
payment, whether the transient occupant pays rent directly to the
host or to the hosting platform.
"Primary residence"
means a dwelling unit that is a host's permanent residence
or usual place of return for housing as documented by at least two
of the following and in the host's name: motor vehicle registration;
driver's license; voter registration; tax documents showing the dwelling
unit as the host's primary residence; or a utility or phone bill dated
within the last thirty days. A host shall have only one primary residence
and must reside there no less than two hundred seventy-five days per
calendar year in which the residential unit is used for home-sharing.
"Reside"
means is present in the location for at least five hours
within every twenty-four-hour period during which the dwelling unit
is being used for home-sharing.
"Transient"
shall have the same definition as provided in Title
3, Chapter
3.20, Section 3.20.020(G). As provided in this chapter, "transient occupant" shall mean the same thing as "transient."
"Vacation rental"
means rental of any dwelling unit, in whole or in part, to
any transient occupant(s) for exclusive transient use for periods
of thirty consecutive days or less. Rental of units located within
city-approved hotels, motels, bed and breakfasts, boarding houses,
single-room occupancy buildings, and dwelling units for which a tenant
has a month-to-month rental agreement and the rental payments are
paid on a monthly basis shall not be considered vacation rentals.
(Ord. 452 § 3, 2019; Ord. 461 § 1, 2022)
Notwithstanding any provisions of this code to the contrary,
a home-sharing host shall operate the home-sharing use in compliance
with the following performance standards and operational requirements:
A. Home-sharing
shall not adversely affect the residential character of the neighborhood
nor shall the use generate noise, traffic, parking, trash, or other
effects that unreasonably interfere with any person's reasonable enjoyment
of his or her residence.
B. A host
shall obtain and maintain at all times a current city business license.
C. The host shall collect and remit transient occupancy tax (TOT), in coordination with any hosting platform if utilized in accordance with Section
18.48.070(A), to the city and shall comply with all city TOT requirements as set forth in Chapter
3.20 (Transient Occupancy Tax) of the Lemon Grove Municipal Code.
D. No
person shall advertise any home-sharing without a city-issued home-sharing
permit number depicted in a visible location on the advertisement,
including any listing on a hosting platform.
E. The
host shall be responsible for any nuisance violations arising at the
property at all times during home-sharing activities.
F. The
host shall respond in person or telephonically within thirty minutes
of being contacted by any law enforcement, fire department, or other
city official.
G. The
host and transient occupants shall comply with all home-sharing permit
and city business license conditions and requirements, and all applicable
local, state, and federal laws, including, but not limited to, health,
safety, fire, and building codes.
H. The
dwelling unit used for a home-sharing use shall not be subject to
any outstanding enforcement of the Lemon Grove Municipal Code and
all other relevant laws and ordinances, including, but not limited
to, any notices of violations, orders of abatement, cease and desist
orders, or correction notices. If any such violation occurs once a
dwelling unit has been approved for home-sharing in accordance with
the provisions of this chapter, the planning department shall suspend
the home-sharing permit until the violation has been corrected.
I. The host shall post a clearly printed sign inside his or her dwelling unit on the inside of the front door that provides the following information: the location of all fire extinguishers, carbon monoxide detectors, gas shut-off valves, emergency exit routes, fire alarms, and emergency contact information for the host for periods when the host is off site as provided for in Section
18.48.030.
J. Home-sharing
shall not be used by more than two transient occupants per bedroom,
excluding the host's bedroom, plus one additional transient occupant
at one time. The transient occupant limit does not include minor children
under the age of eighteen who are accompanied by an adult. Rental
to unaccompanied minors under the age of eighteen is prohibited.
K. The
minimum duration of a home-share is three days, two nights.
L. All parking for the home-sharing use shall be provided on site, and shall not be located within a required front or side yard setback. The host shall limit the number of vehicles associated with the overnight occupancy of the home-share to a specific number of vehicles, with the maximum number of vehicles being the number of off-street parking spaces available at the property, in addition to the off-street parking required for the primary use in accordance with Section
17.24.010 (Off-street parking) of the LGMC.
M. No
signs shall be posted on the exterior of the residential unit advertising
the home-sharing use.
N. Events,
parties, group gatherings that exceed the maximum number of allowed
transients as provided for in this chapter, and other special events,
including, but not limited to, weddings, banquets, and corporate retreats,
are prohibited from occurring on site in association with the home-sharing
use.
O. No
host shall offer or engage in home-sharing any part of the property
not approved for residential use, including, but not limited to, a
vehicle parked on the property, storage shed, trailer, recreational
vehicle, garage, tree house, or any temporary structure such as a
tent.
P. The host shall maintain records for three years demonstrating compliance with this chapter, including, but not limited to: information demonstrating primary residency; the number of days per calendar year he or she has occupied the residential unit; the number of days per calendar year the residential unit has been rented as a home-sharing use; and compliance with the insurance requirement in subsection
Q. These records shall be made available to the planning department upon request.
Q. The
host shall maintain liability insurance appropriate to cover the home-sharing
use in the aggregate of not less than five hundred thousand dollars,
or the host shall conduct each home-sharing transaction through a
hosting platform that provides equal or greater coverage. Such coverage
shall defend and indemnify the host(s), as named additional insured,
and any tenant(s) in the building or dwelling unit for their bodily
injury and property damage arising from the home-sharing use.
R. The
host shall sign an indemnification and hold harmless agreement in
a form approved by the city attorney, agreeing to indemnify, save,
protect, hold harmless, and defend the city of Lemon Grove, the city
council of the city of Lemon Grove, individually and collectively,
and the city of Lemon Grove representatives, officers, officials,
employees, agents, and volunteers from any and all claims, demands,
damages, fines, obligations, suits, judgments, penalties, causes of
action, losses, liabilities, or costs at any time received, incurred,
or accrued as a result of, or arising out of host's actions or inaction
in the operation, occupancy, use, and/or maintenance of the property.
(Ord. 452 § 3, 2019)
In the event of denial of any home-sharing permit or the suspension or revocation thereof, a written appeal may be made to the planning commission, whose decision shall be final. Appeals shall be considered by the planning commission in a public hearing which shall be scheduled within sixty days from the filing of the application. Notice of the hearing shall be given as set forth in Section
17.28.090 of the city zoning ordinance. A fee of twenty-five dollars shall be paid at the time of application to cover the expense of appeal procedures. When a home-sharing permit application has been denied, no application for the same business at the same property and/or by the same applicant shall be accepted for a period of one year from the date of the denial.
(Ord. 452 § 3, 2019)
Home-sharing permits are subject to revocation by the planning
department after a hearing by the department, following reasonable
notice to the permittee, in the event that zoning regulations applicable
to the premises are amended to prohibit such use, or when evidence
has been produced that one or more of the conditions of the permit
are not being fulfilled, or that any other violation of this chapter
exists or any other applicable local, state or federal laws. After
receiving written notification of violation, the holder of the home-sharing
permit shall, within ten days of such notification, comply with all
applicable city regulations or the home-sharing permit will be subject
to revocation after hearing. If a home-sharing permit is revoked,
the host must wait at a minimum of one year from the date of revocation
before he or she can reapply for a home-sharing permit.
(Ord. 452 § 3, 2019)
It shall be the duty of planning department to enforce all of the provisions of this chapter. Violation of the provisions of this chapter shall be considered a misdemeanor and violators shall, upon conviction, be punishable by a fine or imprisonment as set forth in Section
17.04.070 of the city's zoning ordinance.
(Ord. 452 § 3, 2019)
The fee for a home-sharing permit shall be as established and
modified from time to time by resolution of the city council. All
applicable fees and deposits shall be paid in full prior to processing
any application.
(Ord. 452 § 3, 2019)