RESOLUTION NO. 44-26
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ENACTING CHAPTER 17.74 OF TITLE 17 (ZONING) RELATING TO SHORT-TERM RENTALS.
WHEREAS, the City of Bakersfield proposes to enact Chapter 17.74 to Title 17 (Zoning) relating to Short-Term Rentals, as show on attached Exhibit “A” (the “Project”); and
WHEREAS, the proposed Project is as a response of the City striking a balance between regulating Short-Term Rentals and addressing neighborhood compatibility and environmental concerns, while recognizing property owner rights; and WHEREAS, the Secretary of the Planning Commission did set Thursday, May 7, 2026, at 5:30 p.m. in the Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for the public hearing; and WHEREAS, the Project has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Section15061(b)(3), Common Sense Exemption; and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, the City of Bakersfield Planning Division (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received at the above referenced public hearing support the following findings:
1. All required public notices have been given. A n 1/8 th page size advertisement for the hearing notice regarding the Project was published in the Bakersfield Californian, a local newspaper of general circulation at least 20 days prior to the hearing date.
2. The provisions of the California Environmental Quality Act (CEQA) have been followed.
3. Pursuant to State CEQA Guidelines Section 15 061(b)(3), Common Sense Exemption, the Project is exempt from CEQA because it can be seen with certainty to have no possibility for causing a significant effect on the environment.
4. The text amendments are necessary and desirable as the proper use of the City's zoning authority for the protection of the general health, safety, and welfare of the community.
5. The Project is consistent with the goals, objectives and policies of the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD as follows:
1. The recitals above are true and correct and incorporated herein by this reference.
2. The project is exempt from CEQA, pursuant to CEQA Guidelines Section15061(b)(3), Common Sense Exemption.
3. The ordinance as shown in Exhibit A and incorporated herein, are hereby recommended for adoption by the City Council.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 7th day of May, 2026, on a motion by Commissioner Martin and seconded by Commissioner Brar, by the following vote.
AYES: Strickland, Brar, Kaur, Martin, Oliver Brandt
NOES: None
ABSENT: Bittle and Cater
APPROVED
____________________________________________
ADAM STRICKLAND, CHAIR
City of Bakersfield Planning Commission
Exhibit A:
Draft Ordinance
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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ORDINANCE NO. __________________
ORDINANCE ENACTING CHAPTER 17.74 OF THE BAKERSF IELD
MUNICIPAL CODE RELATING TO SHORT-TERM RENTALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.74 of the Bakersfield Municipal Code is hereby enacted to read as follows:
Chapter 17.74 SHORT-TERM RENTALS
Sections:
17.74.010 Purpose.
17.74.020 Definitions.
17.74.030 Permit required.
17.74.040 Expiration and Renewal.
17.74.050 Short-Term Rental Regulations.
17.74.060 Short-Term Rental Operator Requirements.
17.74.070 Enforcement.
17.74.080 Fees.
17.74.090 Appeal of permit denial or revocation.
17.74.100 Severability.
17.74.010 Purpose.
The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short -term basis; ensure the collection and payment of Transient Lodging Taxes ("TLT"); safeguard the residents of the City by ensuring that such short - term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.
17.74.020 Definitions.
A. "Booking transaction" means any reservation and/or payment service provided by a person or entity who facilitates a short -term rental transaction between a prospective guest and a short-term rental operator.
B. "Emergency contact person" means the person designated by the operator to respond to and take remedial action regarding short-term rental complaints.
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C. "Guest" means any person or persons renting a short -term rental for overnight transient occupancy.
D. “Short-term rental operator” or “operator” means any person who is the owner or tenant of a residential dwelling unit and who offers or provides that residential dwelling unit for short-term rental use.
The term also includes:
1. a personal or family trust consisting solely of natural persons, including the trustee(s) of such trust;
2. a limited liability company, including the member(s) of such company;
3. any authorized tenant of the property who offers or provides the residential dwelling unit for short-term rental use.
E. "Hosting platform" means a person or entity that participates in the short -term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a short -term rental booking transaction using any medium of facilitation.
F. "Prohibited buildings" means buildings where short-term rentals are not permitted to operate, such as deed restricted affordable housing units , single room occupancy, special group residence, junior accessory dwelling units and accessory dwelling units . Prohibited buildings shall also apply to buildings with restrictive covenants or homeowners' associations covenants, conditions, and restrictions (CC&Rs) that are not discriminatory (as defined in Government Code 12955).
G. “Residential development project” means a multi-family development of five (5) or more units.
H. "Short-term rental" or "STR" means a residential dwelling unit, that is offered or provided to a paying guest(s) for occupancy by a short -term rental operator for the use or possession, or the right to the use or possession, for overnight lodging, dwelling, or sleeping purposes for one (1) to less than thirty (30) consecutive nights. This term shall not include hotels, motels, inns, or bed and breakfast inns, or hourly rentals.
I. "Short-term rental advertisement" means any method of soliciting use of a residential dwelling unit for short-term rental purposes.
J. "Tenant" means a person who has a rental agreement for a residential dwelling unit in which the rental payments are paid on a monthly or other periodic basis in exchange for occupancy of the residential dwelling unit.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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K. "Transient lodging tax" or "T LT", also commonly referred as “TOT” means local transient lodging tax as set forth in Chapter 3.40.
17.74.030 Permit required.
A. No person or entity shall advertise, rent, or operate a short-term rental in the City unless a short -term rental (STR) permit has been issued by the City pursuant to this Chapter. An STR operator shall obtain a permit from the City and shall be responsible for all requirements of this Chapter. Application for a STR shall be in a form prescribed by the Development Services Director with all information determined by the Director to be necessary to evaluate the eligibility of the operator, consistent with this Chapter.
B. The following requirements must be met at the time of submitting a STR permit application:
1. The property is a residential dwelling unit, as defined in Section 17.04.200.
The residential dwelling shall not be an accessory dwelling unit, a junior accessory dwelling unit, a deed restricted affordable housing unit, in a special group residence, or single room occupancy.
2. If the property involves a residential development project, then the number of STRs shall not exceed the number of dwelling units identified in the Table below:
Number of dwelling units in a
residential development project
Number of STRs allowed per
residential development project: 20%
5 to 10 1-2
11 to 50 3-10
51 to 100 11-20
101 to 150 21-30
3. The STR operator shall identify, to the satisfaction of the City, a local emergency contact person who shall be available twenty -four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints forwarded from the City or its agent regarding the condition, operation, or conduct of the STR or its guests; and (2) taking any remedial action necessary to resolve such complaints.
4. The full legal name, the street and mailing address, the email address and the telephone number of the property owner and in all cases where a business entity or trust is the property owner, the individual who has responsibility to oversee the ownership of the dwelling on behalf of the business entity or trust, including the street and mailing addres s, the email address and the telephone number of the individual having such responsibility.
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5. If the property owner is a business entity, information and documentation pertaining to the owner’s status with the California Secretary of State shall also be required.
6. If the STR operator is not the property owner, a signed and notarized property owner consent form shall be provided. The documentation provided shall have the full legal name of the owner, mailing address, email address and telephone number. A property manager may submit this form on behalf of the property owner with a fully executed and current property management agreement.
7. The residential dwelling unit shall not be the subject of any active or pending code enforcement actions or violations pursuant to the Bakersfield Municipal Code.
8. No STR permit for the residential dwelling unit has been revoked or denied within the last twelve (12) months.
9. If the residential dwelling unit is subject to the rules of a homeowners' association or non-discriminatory restrictive covenant that restricts STRs or their equivalent, allowance to engage in short -term rental activity through this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions in those documents. Operator shall provide City with written proof that its homeowner’s association allows STRs.
10. The STR operator shall sign an indemnification agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect and defend the City, the City Council , individually and collectively, and the City ’s 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 a s a result of, or arising out of the operato r's actions or inaction in the operation, occupancy, use, and/or maintenance of the short - term rental.
11. The residential dwelling unit shall be legally permitted.
12. After the submission of an application, City shall inspected the property to determine the presence of any hazardous or unsafe conditions and document the areas that will be advertised for STR occupancy by guests. If the City determines corrective action is needed, the STR operator shall resolve these issues prior to the issuance of a STR permit.
13. There shall be no outstanding code enforcement citation fees owed against the property.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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14. If the STR operator fails to meet all requirements listed above within forty- five (45) days after the application has been reviewed by the City, such application shall become invalid and no permit shall be issued unless a new application is submitted and a new fee paid.
15. The STR operator is required to obtain a business tax certificate pursuant to Chapter 5.02 of this Code before renting or advertising the availability of the STR residential dwelling unit.
17.74.040 Expiration and renewal.
A. A STR permit is valid for one (1) year from the date of issuance. It may not be transferred or assigned and does not run with the land. A STR permit may be renewed annually if the operator: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR permit; (3) submits records described in Section 3.40.070 for the last year to demonstrate compliance with this Chapter; and (4) provides updated written documentation as applicable.
B. Upon review of the STR renewal application, the City may require a re-inspection of the property as a condition of STR renewal permit approval.
C. In order for the STR permit to be eligible for renewal, the residential dwelling unit or property owner and/or operator shall not be the subject of any active or pending code enforcement actions or violations.
D. The STR permit shall not be renewed if the STR owner or operator has accumulated two (2) or more citations during the twelve (12) month lifespan of the permit.
E. If the STR operator fails to obtain approval within forty -five (45) days after the renewal application has been reviewed by the City, such renewal application shall become invalid and no permit shall be issued unless a new application is submitted and a new fee paid.
F. The STR permit shall not be renewed if there are outside code enforcement citation fees owed against the property.
17.74.050 Short Term Rental Regulations.
A. All marketing and advertising of a STR, including any listing on a hosting platform, shall clearly list the City-issued STR permit number and expiration date.
B. STR’s are prohibited in any part of the property not approved and permitted for residential use/habitable space including, but not limited to, a vehicle parked on the property, a recreation vehicle, pool house, a storage room/shed, trailer, garage, boat
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or similar watercraft, tree house, or any temporary structure, including, but not limited to, a tent. Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are approved for residential use but are prohibited from use as a STR.
C. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:
1. The maximum number of persons permitted in the unit;
2. Parking capacity, location of parking spaces, and parking rules, if any;
3. Trash and recycling pickup information;
4. The name of the emergency contact person and a telephone number at which that person may be reached on a twenty-four (24) hour basis;
5. Emergency contact information for police, fire, or emergency medical services; and
6. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations.
D. The maximum number of persons who may be present on the STR property at any time shall be limited to two (2) persons per bedroom. Children age twelve (12) and under do not count toward this limit.
E. Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
F. All activities shall comply with all provisions of the Bakersfield Municipal Code, including, but not limited to Chapter 9.22 (Noise), Chapter 9.23 (Loud or Unruly Events), Chapter 8. 29 (Litter Control), and Chapter 8.32 (Solid Waste/Recyclable Materials/Organic Waste).
G. No registered STR operator shall offer or provide hourly rentals to a paying guest at the residence, property, or any other portion thereof where the unit is registered.
H. No sign shall be posted on the exterior of the STR premises to advertise the availability of the STR rental unit to the public.
I. No person shall offer, advertise, book, facilitate, or engage in short -term rental activity in a manner that does not comply with this Chapter.
J. The STR operator shall not knowingly book, transfer, or facilitate the booking to any person banned or removed from any STR in the previous five (5) years.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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K. No STR advertisement shall offer a unit, bedroom, or any other area not documented during an inspection(s) described in Section 17.74.030(B)(10) or Section
17.74.040(B), whichever is more recent.
L. Short-term rentals shall comply with all applicable laws and regulations of the City including those pertaining to health, safety, building, and fire protection.
M. The STR operator shall pay all applicable fees and charges set by the City Council as may be necessary to effectuate the purpose of this Chapter.
N. The appearance of the STR premises shall not conflict with the residential character of the neighborhood. All applicable development, design, and landscaping standards, including, but not limited to, those contained in Chapter 17.61 of this Code, are expressly made applicable to any premises used for STR purposes.
17.74.060 Short-Term Rental Operator Requirements.
A. The STR operator shall provide information on the maximum number of persons allowed, parking capacity and location of parking spaces, noise regulations, and trash and recycling disposal requirements to prospective guests, prior to their occupancy of the unit.
B. Any issues raised or brought by the City to the STR operator must be resolved within the timeframe set by the City when notified by a citation warning notice or citation issued, and failure to do so may result in penalties and/or fines.
C. The STR operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, emergency contact, and emergency response contact information.
D. The STR operator shall maintain and provide proof of liability insurance appropriate to cover the short -term rental use in an aggregate of not less than One Million Dollars ($1,000,000), including containing an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers; or conduct each short -term rental transaction through a platform that provides equal or greater insurance coverage.
E. Transient Lodging Taxes (TLT) shall be collected on all STRs. Operators are solely responsible for the collection of all applicable TLT and for remitting the collected taxes to the City in accordance with Chapter 3.40 of the Municipal Code. The City reserves the right, at its discreti on, to collect the TLT directly from the Operator or to engage a third party to collect such taxes on its behalf.
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F. The STR operator and property owner shall be jointly responsible for any nuisance violations arising at a property during STR activities.
G. The STR operator must consent to receive all City notices and fines regarding STR registration by U.S. mail.
17.74.070 Enforcement.
A. It is unlawful to violate the provisions of this Chapter. Violations include, but are not limited to:
1. Failure of the emergency contact to acknowledge and take any remedial action needed to respond to a complaint forwarded by the City or its agent within one (1) hour after the complaint is received or a contact is attempted and the emergency contact cannot be reached;
2. Failure to promptly notify the City when the emergency contact information changes;
3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter;
4. Providing false or misleading information on a STR permit application or other documentation required by this Chapter;
5. Any attempt to rent an un permitted STR by advertising the property for short-term rental purposes;
6. Violations of state, county health, City, building, or fire regulations;
7. Conduct or activities that constitute a public nuisance as determined by the City or which otherwise constitute a hazard to public peace, health, or safety.
B. Any and all violations of this Chapter shall count as violations toward the two (2) citations required for non-renewal of the STR permit.
C. A violation of this Chapter shall be subject to the processes and procedures in Chapter 1.40 and Chapter 17 of the Bakersfield Municipal Code.
D. A STR operator may receive multiple citations for a single event, if it violates multiple provisions of the Bakersfield Municipal Code, or if the violations continue for multiple days without successful resolution.
E. If the STR permit is revoked, no dwelling unit on that parcel may obtain an STR permit for a minimum period of twelve (12) months, regardless of who is the STR
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operator, and may only be registered thereafter upon request and review by the Development Services Director or their designee.
F. Any STR operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to pay back all unpaid TLT, if applicable.
G. The City may take any other action permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Chapters 1.40, 8, 9,15, and 17 of this Code.
17.74.080 Fees.
The City Council shall establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
17.74.090 Appeal of a permit denial or revocation.
A. Should a STR permit be denied or revoked, then said applicant may, no later than ten business days after notice of such decision is deposited in the United States mail, addressed to the applicant at the address provided on the application, make written obj ection to the City Manager or designee setting forth the grounds for dissatisfaction, whereupon the City Manager or designee shall hear such objections at a scheduled hearing;
B. As soon as practicable after receiving the appeal, the City Manager or designee shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The City Manager, or designee, shall give the appellant written notice of the time and place of the hearing at least fifteen days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. At the hearing, the City Manager, or designee, shall hear the appellant and any witnesses, as well as any information to be provided by the Development Services Director, or designee. Upon conclusion of the hearing, the City Manager, or designee, shall render a decision. The decision of the City Manager, or designee, shall be final.
C. Pending the hearing, the decision of the Development Services Director or designee shall remain in full force and effect and any reversal thereof by the City Manager or designee shall not be retroactive but shall take effect as of the date of the City Manager or designee’s decision.
17.74.100 Severability.
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If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of t his chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portio n of this chapter would be subsequently declared invalid or unconstitutional.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN BASHIRTASH, KAUR NOES: COUNCILMEMBER:___________________________________________________________________ ABSTAIN: COUNCILMEMBER:___________________________________________________________________ ABSENT: COUNCILMEMBER:___________________________________________________________________
______________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield
APPROVED
By:______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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