The purpose of this chapter is to minimize the potential adverse impacts of transient occupancy uses in residential neighborhoods on traffic, noise and density, to ensure the health, safety and welfare of renters and guests patronizing vacation rentals in order to ensure the long-term availability of housing stock in compliance with the housing element of the city of Winters general plan.
(Ord. 2019-02 § 3(c) (part))
"Advertise"
means any communication that induces or encourages any person to rent for transient occupancy purposes, or provides information (to any person) that promotes the availability to rent for transient occupancy purposes, any building in the city of Winters.
"Applicant"
is as defined in Section 17.04.140.
"Authorized agent"
means the person specifically authorized by an owner to represent and act on behalf of the owner and to act as an operator, manager and contact person of a nonhosted accommodation, and to provide and receive any notices identified in this section on behalf of the owner, applicant, permittee, or authorized agent.
"Bedroom"
means any habitable room with no less than seventy (70) square feet of floor area and no dimension less than seven feet in a dwelling other than bathroom(s), kitchen, living and dining room. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryways without doors, no windows open to the exterior, etc.), any den, study or other room meeting the above definition of a bedroom shall be considered a bedroom for the purpose of meeting the standards of this code.
"Community development director"
as defined in Chapter 17.04.
"Enforcement officer"
means the community development director, building official, code enforcement officer, city department manager (to the extent responsible for enforcing provisions of this code), or any other city employee designated by the community development director or city manager to enforce this chapter.
"Guest"
means an invitee of a renter or other person visiting a renter of a vacation rental unit who does not rent the unit.
"Hosted accommodation"
means a vacation rental business for which the owner or authorized agent sleeps on the property of the vacation rental unit while it is being rented for transient occupancy pursuant to this chapter.
"Life safety"
means those items required by the state of California (NFPA 101), which include: smoke and carbon monoxide detectors, fire extinguisher, functioning water heater, furnace and other gas appliances, six-inch or lighted address numbers visible from the street and openable windows (means of egress) from bedrooms.
"Nonhosted accommodation"
means a vacation rental business for which the authorized agent is not required to reside at the vacation rental unit which is rented for transient occupancy pursuant to this chapter.
"Owner"
is as defined in Section 17.04.140.
"Permittee"
means the person to whom a vacation rental permit is issued pursuant to this chapter. To the extent this chapter identifies requirements of a permit, or obligations of the permittee, the owner and any identified authorized agent shall be jointly and severally liable (see Chapter 1.16).
"Renter"
means a person, not an owner, renting or occupying a vacation rental unit in accordance with the terms of this chapter.
"Reside,"
as used in this chapter, means the "domicile" of a person, as defined by California Elections Code Section 349, which generally means the place in which the person's habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.
"Transient occupancy"
means any person's use or possession, or right to use or possess, a building (or any portion thereof) for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less (counting portions of calendar days as full days).
"Vacation rental"
means any transient occupancy use for which the city has issued a vacation rental permit pursuant to this chapter. The term "vacation rental" shall be used to include all vacation rental businesses, all hosted accommodation vacation rentals, and all nonhosted accommodation vacation rentals.
"Vacation rental permit"
means a permit issued by the community development director or a use permit issued by the planning commission.
"Vacation rental unit"
means the structure in which the vacation rental use is permitted to operate, pursuant to a permit issued in accordance with this chapter.
"Zoning administrator"
means the office of the zoning administrator pursuant to Section 65900 of the Government Code of the state.
(Ord. 2019-02 § 3(c) (part))
The community development director shall invite applications for vacation rental permits pursuant to this section.
A. 
Each application for a vacation rental permit shall include the following information, signed by the owner and the authorized agent, for nonhosted accommodations:
1. 
Identify the owner of the real property on which the vacation rental is proposed (include the name, mailing address, email address, and telephone number).
2. 
Identify whether the application is for a hosted or a nonhosted accommodation.
3. 
If the vacation rental is proposed for a nonhosted accommodation, identify the owner's authorized agent (include the name, mailing address, email address, and telephone number).
4. 
Identify the number of bedrooms and approximate square footage in the vacation rental unit, and the maximum number of overnight renters under the limitations imposed under Section 17.54.040(D).
5. 
Ensure all designated bedrooms and structures being used for habitation meet life safety codes to include the following:
a. 
Smoke and carbon (CO) monoxide detectors.
b. 
Fire extinguisher.
c. 
Six-inch or lighted address numbers visible from the street.
d. 
Openable windows (means of egress) from bedrooms.
e. 
Functioning water heater, furnace and other gas appliances.
An inspection by the city may be necessary to verify compliance.
6. 
Identify the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants. Each vacation rental must provide one legal off-street parking space for each guest vehicle. On-street parking in front of the vacation rental may be counted towards meeting the parking requirement.
7. 
Acknowledge the owner and authorized agent for nonhosted accommodations have read all regulations pertaining to the operation of a vacation rental, including this section, the city's transient occupancy tax ordinance (Chapter 3.24) and the city's business license ordinance (Chapter 5.04), and any additional administrative regulations as determined by the community development director necessary to implement this chapter.
8. 
Provide any other information as the community development director deems reasonably necessary to administer this chapter.
9. 
Agree that any and all use of the property for vacation rental/transient occupancy purposes shall cease upon the revocation of the vacation rental permit pursuant to Section 17.54.040(A).
B. 
The community development director shall evaluate permit applications, and process the applications for review by the zoning administrator pursuant to Section 17.12.030(D)(10) or the planning commission pursuant to Chapter 17.20 and subsection D of this section. Each applicant shall provide the following supplemental submittal in a form acceptable to the community development director:
1. 
Payment of the application and processing fee established by city council resolution. The fee is paid when establishing the use and is nonrecurring.
2. 
Public notice mailing labels for "nonhosted accommodation" (to notify neighboring property owners, pursuant to Section 17.16.040(C)).
C. 
If the community development director determines an applicant has failed to satisfy the application requirements of subsection A or B of this section, the community development director shall provide written notice to the applicant of the determination.
D. 
If the community development director determines an applicant (hosted accommodation) has satisfied the application requirements of subsections A and B of this section, and the owner has borne the burden of proving the owner will adequately mitigate potential adverse impacts on the public health, safety, and welfare, the community development director shall schedule for a review by the zoning administrator pursuant to Section 17.12.030(D)(10). The community development director, at his or her discretion, may refer an application for a hosted facility to the planning commission. The notice shall identify the date and time on which zoning administrator shall consider the permit application.
E. 
If the community development director determines an applicant (nonhosted accommodation) has satisfied the application requirements of subsections A and B of this section, and the owner has borne the burden of proving the owner will adequately mitigate potential adverse impacts on the public health, safety, and welfare, the community development director shall schedule for a public hearing a use permit pursuant to Chapter 17.20.
(Ord. 2019-02 § 3(c) (part))
Each vacation rental permit issued pursuant to this section shall be subject to all of the following requirements:
A. 
Each vacation rental permit issued under the authority of this section may be subject to an annual review by the community development department or planning commission.
B. 
Each vacation rental permit will be subject to the house rules set forth in this subsection. The permittee shall provide the community development director with a copy of the house rules prior to rental of the vacation rental unit, and shall promptly notify the community development director in writing identifying any changes to the house rules. Prior to each rental of a vacation rental unit a copy of the house rules shall be posted in a prominent location inside the vacation rental unit. Each vacation rental shall at a minimum comply with the following:
1. 
The permittee shall limit overnight occupancy of the vacation rental to the specific number of renters designated in the permit, with the number of renters not to exceed two guests per bedroom, plus two additional guests per vacation rental unit.
In no case may more than ten (10) guests, not including the host family, be allowed to sleep in a vacation rental unit. This includes any property which has multiple habitable buildings, except that the planning commission may allow with a use permit more than ten (10) guests to sleep in a hosted or nonhosted vacation rental unit.
2. 
The permittee shall limit the number overnight renters to the maximum number designated in the permit and shall require overnight renters to utilize designated on-site parking spaces to the maximum extent possible.
3. 
The permittee shall provide access to the garage or carport if that area has been included in the determination of the number of available on-site spaces per this code.
4. 
The permittee shall provide appropriate refuse and recycling service for the vacation rental business. Property shall be free of debris both on site and in the street. Trash cans shall be maintained in a clean and sanitary manner in conformance with Chapter 8.04. Trash cans shall not be placed on the street prior to twenty-four (24) hours before pick-up day and shall be promptly removed from the street following service.
5. 
Guests of the vacation rental shall comply with the city's noise regulations in Chapter 8.20 and performance standards in Chapter 17.68.
6. 
The permittee shall, upon notification that renters and/or guests of his or her vacation rental have violated any house rules, promptly act to stop the violation and prevent a recurrence of the violation.
7. 
It is prohibited to use the vacation rental unit for any wedding, reception, auction, commercial function, or other similar event that is inconsistent with the use of the property for transient occupancy in a residential neighborhood.
8. 
Pets may be permitted by vacation rental business owner; however, the pet must be attended to at all times.
C. 
No person shall advertise the use of a building in a residential or nonresidential zoning district of the city for a transient occupancy use unless: (1) the use is an approved hotel or bed and breakfast inn; or (2) the use is a vacation rental which has been issued a vacation rental permit or a use permit pursuant to Chapter 17.20.
D. 
For each vacation rental use:
1. 
The owner or the authorized agent must be available by telephone within twenty-four (24) hours, while the vacation rental is rented.
2. 
The owner or the authorized agent (non-hosted accommodation) must be on the premises of the vacation rental unit within twenty-four (24) hours of being notified (by a renter or enforcement officer) there is a need for the owner to address an issue of permit compliance or the health, safety, or welfare of the public or the renter.
3. 
Only one rental agreement per vacation rental unit shall be in effect at any one time.
E. 
No person shall transfer, or attempt to transfer, a vacation rental permit to any other person, unless the transfer is made in accordance with this section.
F. 
Any attempt to transfer a vacation rental permit, or use a transferred vacation rental permit, not transferred in accordance with this section shall be void and shall constitute a violation of this code.
G. 
A use permit granted for a nonhosted vacation rental is transferable to a purchaser of the real property on which the permitted vacation rental unit is located, subject to the conditions of approval in the use permit and set forth in this section. No purchaser shall operate a vacation rental use under the permitted owner's vacation rental permit until after the community development director has approved the transfer of the permit. The permitted owner shall submit to the community development director a written notice of intent to transfer the permit to the purchaser.
H. 
Each vacation rental permit issued pursuant to this section may be subject to an annual permit review and inspection to ensure compliance with life safety codes as stated in Section 17.54.030(A)(5).
1. 
If an inspection is required by the city the owner shall pay the inspection fee established by city council resolution.
2. 
If the community development director determines the permittee is in compliance with all requirements of this section and the permit, the community development director shall provide written notice to the permittee.
3. 
If the community development director determines the permittee has failed to comply with this section or the permit, the community development director may notice a public hearing of the planning commission pursuant to Section 17.20.050.
4. 
Upon revocation of any vacation rental permit, it shall be of no further force, validity or effect, and use of the property for transient occupancy purposes shall cease.
I. 
At any time during the term of a vacation rental permit, the community development director is authorized to initiate proceedings to revoke or modify the permit (or pursue any other remedy set forth in Title 1), if the community development director determines in his or her discretion: (1) a vacation rental use is detrimental to the public health, safety, or welfare; (2) the permittee has provided materially false or misleading information in any submittal required under this chapter; or (3) the permittee is in violation of, or has failed to comply with, any requirements of this chapter or the permit.
1. 
Pursue any of the remedies set forth in Chapter 17.40, including, but not limited to, notice of a public hearing of the planning commission to consider a revocation of the use permit pursuant to Section 17.20.050.
2. 
Pursue any of the remedies set forth in Chapter 1.16, including, but not limited to, issuance of an administrative citation in accordance with Chapter 1.24 and Section 17.54.050.
(Ord. 2019-02 § 3(c) (part))
It is a violation of this code, subject to enforcement pursuant to Chapter 1.16, for any person to establish or operate a transient occupancy use in any residential or nonresidential zoning district unless: (A) the use is in compliance with a hotel use in a nonresidential zoning district approved by the city pursuant to this title; or (B) the use is in compliance with a vacation rental permit pursuant to this chapter; or (C) the use is in compliance with a use permit for a bed and breakfast inn pursuant to Chapter 17.20.
(Ord. 2019-02 § 3(c) (part))