The purpose of this chapter is to reduce the proliferation of
the illegal land use of unlawful short-term, transient, and vacation
rentals and the associated negative effects caused by this illegal
land use on the City's residents, businesses, and visitors, including
excessive traffic, reductions in available parking, unlawful conversions
of residential property, unlawful conversions of existing affordable
housing units into illegal short-term vacation rentals, and inundation
of the City's low-density, quiet residential neighborhoods with commercial
visitors and activity that adds traffic, noise, and destroys their
quiet, low-density residential character. The City intends this prohibition
on, and for advertisements for, unlawful short-term, transient, and
vacation rentals will apply to the extent of, but not beyond, the
limit of the City's power, consistent with the First Amendment to
the United States Constitution and Article I, Section 2 of the California
Constitution, and any preemptive State or Federal laws.
This advertising ban applies to advertisements for short-term, transient, and vacation rentals, which are prohibited under Section 4-24.04 and Section 10-2.1715 of this Code, and under the following additional sections of the Ojai Municipal Code:
(a)
The Ojai Municipal Code provides that any short-term, transient, or vacation rentals of property or a portion thereof for less than one calendar month in exchange for any form of compensation is prohibited in all residential zones as this land use is not provided for in Ojai Municipal Code Section 10-2.402, Table 2-2 which lists all allowable land uses in residential zones. Ojai Municipal Code Section 10-2.302, subsection (a) requires that any proposed land use be expressly identified as allowed in the applicable requirements for a zone. Under the principle of permissive zoning, any land use not expressly allowed or permitted via a determination of substantially similar use under Ojai Municipal Code Section 10-2.303 is prohibited. Ojai Municipal Code Section 10-2.303 provides for the City to approve a land use that is substantially similar to a listed land use, but only after finding that the land use is consistent with the General Plan, would not adversely affect the City's public health, safety, and general welfare, and that the proposed use meets all other requirements of Ojai Municipal Code Section 10-2.303. Short-term, transient, or vacation rentals are not consistent with the General Plan's designated land uses for residential zones.
(b)
The Ojai Municipal Code provides that any short-term, transient, or vacation rentals of property or a portion thereof for less than one calendar month in exchange for any form of compensation is prohibited in all commercial and manufacturing zones as this land use is not provided for in Ojai Municipal Code Section 10-2.503, Table 2-4, with the following exceptions:
(1)
Lawfully approved hotels, motels, and timeshare facilities operated in full compliance with all applicable Federal, State, and local rules and regulations including all required permits from the City, which are a permitted use in the Commercial-1, Business-Professional, and Village Mixed Use zones as Stated in Ojai Municipal Code Section 10-2.503, Table 2-4; and
(2)
Lawfully approved bed and breakfasts operated in full compliance with all applicable Federal, State, and local rules and regulations including all required permits from the City, which are a permitted use in the Business-Professional Zone and are a conditionally permitted use subject to the approval of a conditional use permit in the Commercial-1 and Village Mixed Use Zones as Stated in Ojai Municipal Code Section 10-2.503, Table 2-4. A bed and breakfast is not permitted in any single-family or residential zoning district under Ojai Municipal Code Section 10-2.1703, subsection (a). A lawfully operated bed and breakfast must conform to the standards of Ojai Municipal Code Section 10-2.1703, the definition of bed and breakfast in Ojai Municipal Code Section 10-2.3602, the parking requirements of Ojai Municipal Code Section 10-2.1405, Table 3-5, which requires one parking space for each guest room, plus two parking spaces for the resident family, and all other applicable rules and regulations.
(c)
The Ojai Municipal Code provides that any short-term, transient, or vacation rentals of property or a portion thereof for less than one calendar month in exchange for any form of compensation is prohibited in all special purpose zoning districts as this land use is not provided for in Ojai Municipal Code Section 10-2.603, Table 2-6, with the following exception:
(1)
Lawfully approved hotels and motels operated in full compliance with all applicable Federal, State, and local rules and regulations including all required permits from the City, which are permitted in the Institutional-Recreational-3 Zone as stated in Ojai Municipal Code Section 10-2.603, Table 2-6.
(§ 2, Ord. 862, eff. September 23, 2016, as amended by § 2, Ord. 943, eff. November 10, 2023)
For purposes of this chapter the following definitions apply:
means any writing, picture, video, or other communication
in fixed form shown, made available, or presented to the public for
the purpose of soliciting a buyer or user of a service, to help sell
a product, or to announce the availability of a product or service
for purchase or rental by the public.
means person, firm, partnership, association, corporation,
company, syndicate, estate, trust, business trust, or organization
of any kind who offers to rent or arranges for persons to rent an
unlawful short-term rental or otherwise oversees and facilitates the
operation of an unlawful short-term rental.
shall mean any person, individual, firm, partnership, association,
corporation, company, syndicate, estate, trust, business trust, or
organization of any kind.
means any person, firm, partnership, association, corporation,
company, syndicate, estate, trust, business trust, or organization
of any kind with a beneficial ownership interest in a property.
means any person, firm, partnership, association, corporation,
company, syndicate, estate, trust, business trust, or organization
of any kind with a leasehold interest in a property.
means any short-term, transient, or vacation rental of property
or a portion thereof located in the City of Ojai for less than one
calendar month in exchange for any form of compensation except for
lawfully approved hotels, motels, bed and breakfasts, and timeshare
facilities operated in full compliance with all applicable Federal,
State, and local rules and regulations including any and all required
permits from the City.
(§ 2, Ord. 862, eff. September 23, 2016, as amended by § 2, Ord. 943, eff. November 10, 2023)
(a)
All
persons, including property owners, tenants, and broker or property
managers, are prohibited from displaying, transmitting, sending, or
posting anywhere, whether online, in a newspaper, or in any other
writing, any advertisement or commercial solicitation for an unlawful
short-term rental.
(b)
This
prohibition does not apply to any advertisement or commercial solicitation
for lawfully approved hotels, motels, bed and breakfasts, and timeshare
facilities located in the City and operated in full compliance with
all applicable Federal, State, and local rules and regulations including
any and all required permits from the City.
(§ 2, Ord. 862, eff. September 23, 2016, as amended by § 2, Ord. 943, eff. November 10, 2023)
Short-term, transient, or vacation rental of property or a portion
thereof located in the City of Ojai for less than one calendar month
in exchange for any form of compensation is prohibited except for
lawfully approved hotels, motels, bed and breakfasts, and timeshare
facilities operated in full compliance with all applicable Federal,
State, and local rules and regulations including any and all required
permits from the City.
(§ 2, Ord. 943, eff. November 10, 2023)
(a)
Any person, including property owners, tenants, broker or property managers, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor as provided in Title 1, Chapter 2, Section 1-2.03 of this Code and, upon conviction thereof, shall be subject to the penalties provided therein. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person and shall be punishable as provided in this section.
(b)
In addition to the remedies provided in subsection (a) of this section, the City shall have the power to enforce violations of any provision of this chapter by any lawful means permitted by this Code or by applicable law, including, but not limited to, by imposing administrative remedies under Chapter 6 of Title 1 of this Code and by seeking a civil injunction from a court of competent jurisdiction against any unlawful advertisement maintained in violation of any provision of this chapter.
(§ 2, Ord. 862, eff. September 23, 2016, as renumbered and amended by § 2, Ord. 943, eff. November 10, 2023)
