The purpose of this article is to establish criteria and procedures for rental of all or part of a dwelling unit for fewer than thirty (30) days. The City finds it necessary to establish such requirements to regulate short-term rentals in the interest of the public health, safety, and welfare.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
No person shall establish, operate, or maintain a short-term rental without first obtaining a valid short-term rental permit pursuant to this article.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
Short-term rentals are permitted only in single-unit detached houses, and only as an accessory use. All other short-term rental of dwellings and parts of dwellings is prohibited. Short-term rentals are prohibited in any accessory dwelling unit or junior accessory dwelling unit. This article is not to be construed to prohibit weekly rentals in Group Residential uses. By issuing a short-term rental permit, the City is not conferring a vested right.
(Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
All short-term rentals shall conform to the following standards:
(a) 
Nonhosted short-term rental of an entire single-unit detached house is limited to a total of ninety (90) calendar days per permit term. Portions of calendar days shall count as full days.
(b) 
Short-term rental of part of a single-unit detached house must be hosted; the primary, permanent resident shall continue to occupy the single-unit detached house in his/her usual manner, while operating the short-term rental of a room or other space that is a portion of the dwelling.
(c) 
The house that includes the short-term rental must be the permittee's primary, permanent residence.
(d) 
If the permittee is not the owner, the permittee must have the owner's written permission to operate a short-term rental on the property.
(e) 
The dwelling must have a smoke detector, a fire extinguisher, a carbon monoxide detector, and adequate egress, as determined by the Chief Building Official.
(f) 
The permittee shall post a diagram of exits, fire extinguisher locations, Fire and Police Department phone numbers, the operator's contact information, and the City noise ordinance hours.
(g) 
The permittee must obtain and maintain a current business tax certificate and pay transient occupancy tax as may be required by the Emeryville Municipal Code.
(h) 
The operator must inform and update the City regarding what advertising platforms are used to advertise the unit or room for short-term rental.
(i) 
The short-term rental shall not result in a nuisance.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
Application for a short-term rental permit shall be submitted to the Planning Division on a form provided by the Director, accompanied by a fee as set forth in the master fee schedule and application materials as determined necessary by the Director, including but not limited to the following, all including the applicant's name and the address of the dwelling where the short-term rental would occur:
(a) 
Driver's license or State identification card;
(b) 
If the operator/permanent primary occupant is not the owner, written permission from the owner to operate short-term rentals, with owner contact information;
(c) 
Photos of smoke detector, carbon monoxide detector, and fire extinguisher in the area of the dwelling to be rented, and egress from the rental space to the exterior of the building;
(d) 
One (1) of the following documents to prove that the applicant/permittee is the primary, permanent resident of the property where the short-term rental is proposed to occur:
(1) 
Proof of homeowner's tax exemption,
(2) 
Voter registration card or certificate,
(3) 
Proof of vehicle registration,
(4) 
Original proof of car insurance,
(5) 
One (1) original utility bill from EBMUD, Waste Management, or PG&E,
(6) 
Lease;
(e) 
Statement of what advertising platforms will be used to advertise the space to be rented;
(f) 
Current business tax certificate.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
The Director shall consider applications for short-term rentals in consultation with the Chief Building Official, Fire Marshal, and Police Chief. The Director, at his/her discretion, may give such notice as is deemed appropriate to adjacent property owners or other interested parties. However, the Director may, instead, refer any application to the Planning Commission for consideration. If considered by the Commission, the application shall be heard at a public hearing noticed by Types C, D, and E and optionally by Types A and F, as these notice types are defined in Section 9-7.208(b). The Director or Commission, as the case may be, may approve or disapprove an application or impose conditions of approval which, in his/her/its judgment, are necessary to ensure conformity with the provisions of this article. The decision may be appealed as set forth in Section 9-5.2110.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
In order to approve a short-term rental permit, the Director or the Planning Commission shall find that the proposed short-term rental conforms to the standards in Section 9-5.2104.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
A short-term rental permit shall expire on December 31 of the calendar year in which it was issued or renewed. A valid permit which has not been surrendered, suspended, or revoked may be renewed for subsequent periods of no longer than one (1) year upon the following terms and conditions:
(a) 
All annual short-term rental permits issued under this article, except the first permit issued for a newly established short-term rental, shall be considered to be issued on January 1 of each year and shall expire on December 31 of the same year.
(b) 
An application for renewal of a short-term rental permit shall be filed with the Planning Division before the short-term rental permit expires, on a form provided by the Director, accompanied by a statement indicating whether any information required by Section 9-5.2105 has changed for the renewal period.
(c) 
The Director shall review the renewal application in consultation with the Chief Building Official, Fire Marshal, and Police Chief to ensure the short-term rental's continued compliance with the provisions of this article and any conditions of approval, and to assess any outstanding violations or complaints. The Director may request additional information in order to complete his/her review. To renew a short-term rental permit, the Director must make the same findings as for approval of an initial permit.
(d) 
Upon completion of the review, the Director shall determine whether to renew the application, and shall promptly inform the renewal applicant of his/her decision. If the permit is renewed, the Director shall provide a new permit for the renewal period. In renewing the short-term rental permit, the Director may modify or delete any existing conditions of approval, and impose any new conditions of approval, as he/she deems appropriate. If the permit is not renewed, the Director shall provide a written explanation to the renewal applicant detailing the reasons for the nonrenewal. If the permit is not renewed, the renewal applicant shall immediately cease operating the short-term rental.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
A permit issued pursuant to this article shall be subject to suspension, revocation, or modification for the violation of any provisions of this Code or for any grounds which would warrant the denial of the issuance of such original permit. The Director may issue a notice of violation for any failure to comply with any requirement of this article or any condition of the permit. Such notice shall set forth the action necessary to come into compliance and a time frame for compliance. If the noncompliance is not abated, corrected, or rectified within the time specified by the Director in said notice, the Director may revoke, suspend, or modify the permit, upon thirty (30) days' notice. If the Director decides to revoke or suspend the permit, the operator shall cease operation of the short-term rental immediately.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
(a) 
A decision of the Director on a new short-term rental permit pursuant to Section 9-5.2106 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7 of this title. The decision of the Planning Commission shall be final.
(b) 
If the Director refers a new short-term rental permit application to the Planning Commission for consideration pursuant to Section 9-5.2106, the decision of the Planning Commission may be appealed to the City Council as provided in Article 14 of Chapter 7 of this title.
(c) 
A decision by the Director to revoke, suspend, or modify a short-term rental permit pursuant to Section 9-5.2109 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7 of this title. The decision of the Planning Commission shall be final. If the Commission decides to revoke or suspend the permit, the operator shall cease operation of the short-term rental immediately.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
The City Attorney shall have authority to initiate a civil action to enforce the provisions of this article without prior City Council approval. In making such determination, the City Attorney shall consult with the Code Enforcement Officer.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)
As used in this article:
(a) 
"Hosted"
means that the primary occupant of the dwelling within which the rental takes place occupies the dwelling during the entire rental period.
(b) 
"Nonhosted"
means that the primary occupant of the dwelling within which the rental takes place is absent from the dwelling for some or all of the rental period.
(c) 
"Single-unit detached house"
means a dwelling that is a structure not attached to another structure, but which may be on the same lot as another dwelling.
(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)