Big Bear Lake City Council
September 7, 2023

ORDINANCE NO. ORD-2023-011

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING ZONING CODE TEXT AMENDMENTS TO TITLE 20 OF THE SANTA ROSA CITY CODE, CHAPTER 20-48, SHORT-TERM RENTALS, TO REVISE AND ADD NEW DEFINITIONS

AND POLICIES, AND TO INCORPORATE TECHNICAL CHANGES TO IMPROVE FUNCTIONALITY AND AID IN IMPLEMENTATION AND ENFORCEMENT; FILE NUMBER REZ23-001
WHEREAS, the City of Santa Rosa desires to preserve the residential characteristics of neighborhoods that enhance the quality of life for our residents, protect public peace, welfare, health, and safety, and preserve housing stock for residential use; and WHEREAS, the City of Santa Rosa is experiencing a severe and protracted housing crisis which has been exacerbated by the wildfire disasters of recent years; and WHEREAS, the conversion of housing units to short-term rentals (STRs) reduces the supply of housing available to serve permanent residents, which increases housing costs for both renters and buyers; and
WHEREAS, in 2018, 2019, 2020, 2021, 2022 and 2023 the Council adopted policy priorities, which include a housing for all strategy, reaffirming the Council’s housing goals; and WHEREAS, the October 2, 2020, online edition of Marketing Science (Vol. 40, No. 1) found that the number of Airbnb listings in a zip code was associated with increases in property prices and rental rates; and
WHEREAS, on August 10, 2021, and September 14, 2021, recognizing that STRs were operating within the City of Santa Rosa without operating standards or adequate regulations, staff presented the Economic Development Subcommittee (EDS) with information about how many short-term rentals might be operating within City limits and the increasing frequency of short-term rental related complaints. Based on public testimony and the information presented, the EDS directed staff to take immediate action to preserve public peace, welfare, health, and safety by regulating short-term rentals to address community compatibility, public safety threats related to wildfires and other potential emergencies requiring evacuation, limited housing stock, and the COVID-19 pandemic; and
WHEREAS, in August 2021, the City conducted an online Short-Term Rentals community survey to help inform the development of a STR ordinance; and WHEREAS, on September 29, 2021, a virtual public meeting targeting industry representatives was held to receive feedback on a potential STR ordinance; and WHEREAS, on October 13, 2021, the City Council adopted Ordinance No. ORD 2021-011 on an urgency basis adding Chapter 20-48, Short-Term Rentals, to the Zoning Code to establish a regulatory framework for short-term rentals to reduce safety risks during Ord. No. ORD-2023-011

wildfire events, preserve housing stock and the residential characteristics of neighborhoods, and prevent short-term rental activities from becoming a nuisance to, or threatening the public health, welfare, or safety of neighboring residents. Chapter 20-48 also facilitates the collection and payment of transient occupancy tax (TOT) and Business Improvement Area (BIA) assessments; and
WHEREAS, despite having regulations in place, certain non-hosted STR activities continued to generate police and code enforcement complaints related to noise, occupancy, and large events; and
WHEREAS, on May 17, 2022, the Economic Development Subcommittee received an update on the STR program including permitting status, enforcement issues, and potential ordinance amendments to address immediate issues related to public health, welfare, or safety.

Based on public testimony and the information presented, the EDS directed City staff to draft Zoning Code text amendments to Chapter 20-48 to address ongoing code enforcement complaints related to non-hosted STRs; and
WHEREAS, on August 9, 2022, the City Council adopted Ordinance No. ORD-2022-008 on an urgency basis to set a maximum number of 198 non-hosted STR Permits to be issued citywide and to clarify that enforcement penalties apply to permit owners and “operators in good standing,” and, by Resolution No. RES-2022-177, the Council established a STR Permit renewal fee and authorized the Director of Planning and Economic Development to approve future fee adoptions and changes to the STR Permit renewal process; and WHEREAS, between September 23, 2022 and December 18, 2022, the City conducted a second online public sentiment survey to gather feedback on the STR Ordinance; and WHEREAS, in October and December 2022, multiple in person pop-up events were held at various locations throughout the City of Santa Rosa providing additional opportunities to reach community members that do not typically participate in formal public meetings and workshops; and
WHEREAS, on November 14, 2023 and December 12, 2023, the City held two virtual public meetings to receive community feedback on the adopted STR Ordinance; and WHEREAS, on November 16, 2023, the Santa Rosa Tourism Business Improvement Area Advisory Board received an update on the STR Ordinance; and WHEREAS, since adoption of the STR Ordinance and its subsequent amendment, City staff has recognized areas of the STR Ordinance that would benefit from technical changes such as the addition of clarifying language and minor reorganization of certain sections which will aid in implementation and enforcement; and
WHEREAS, based on prior Economic Development Subcommittee and City Council discussion as well as results from community engagement efforts, new definitions and policies are proposed that will (1) result in additional opportunities for a fairer distribution of non-hosted Ord. No. ORD-2023-011

STR Permits by limiting the number of non-hosted STR Permits allowed per owner, while allowing existing Permit owners with multiple Permits to retain them, (2) adding unit type restrictions to prohibit STRs in all accessory dwelling units that have not previously received an STR Permit, and in all affordable housing units and other sensitive residential unit types, (3) adding outdoor lighting standards and trash and recycling facilities restrictions to help protect the quality of life of STR neighbors, (4) adding water conservation requirements similar to other lodging types to protect the City’s natural resources, (5) providing a permanent 30-day grace period for submitting renewal applications after permit expiration, (6) clarify that allowed outdoor burning at non-hosted Short-Term Rentals is limited to code compliant natural gas and propane appliances and that the regulations do not apply to hosted Short-Term Rentals, (7) providing for transfer of Short-Term Rentals to family members under certain circumstances, (8) requiring hosted Short-Term Rental Permit applicants to file an affidavit that they will live on site, (9) providing that the cap on non-hosted Short-Term Rentals will be reduced through natural attrition, prohibit new non-hosted Short-Term Rental Permit applications, and (10) require the City to send renewal reminder notifications to Permit owners; and WHEREAS, the City continues to receive public complaints related to STRs necessitating new code enforcement language and provisions to: (1) better clarify general enforcement remedies and options, (2) provide an overview of how complaints may be submitted, (3) reenforce that Local Contact failure to respond pursuant to the requirements of the Ordinance constitutes a violation of the STR Permit, (4) align City penalties for STR violations with California Government Code provisions applicable to STRs, as well as violations which are indirectly related to STRs and indicate when and how such penalties shall be assessed, (5) establish the circumstances under which revocation proceedings are triggered, and provide clarifying language as to the types of violations that constitute verified violations for purposes of revocation proceedings, and (6) provide a tiered violation penalty schedule, requiring a fine for first violations of Transient Occupancy (TOT)/ Business Improvement Area Assessments (BIA) and operating without a Permit, and clarifying that after a third violation a Permit is revoked and the Permit holder is permanently barred from owning or operating an STR within Santa Rosa; and
WHEREAS, on April 27, 2023, the Planning Commission of the City of Santa Rosa held a duly noticed public hearing and adopted resolution number PC-2023-013 recommending to the City Council adoption of Zoning Code text amendments to Title 20 of the Santa Rosa City Code, Chapter 20-48, Short-Term Rentals, to revise and add new definitions and policies, and to incorporate technical changes including reorganization and the addition of clarifying language to improve functionality and aid in implementation and enforcement of Chapter 20-48; and WHEREAS, on June 6, 2023, the City Council of the City of Santa Rosa held a duly noticed public hearing and introduced an ordinance amending the text of Title 20 of the Santa Rosa City Code, Chapter 20-48, Short-Term Rentals, to revise and add new definitions and policies, to incorporate technical changes including reorganization and clarifying language to improve functionality and aid in implementation and enforcement, and directed City staff to bring the Ordinance back in two parts for second reading and adoption as follows:

Ord. No. ORD-2023-011

1. First, to provide for a grace period, following the effective date of the Ordinance amendment, for Permit owners whose Permits were issued within the first year of the Ordinance and expired without a renewal application being timely submitted; and

2. Second, amend the Ordinance to (a) provide a permanent 30-day grace period for submitting renewal applications, (b) clarify that allowed outdoor burning at non-hosted STRs only includes natural gas and propane appliances, (c) clarify that outdoor burning regulations do not apply to hosted STRs, (d) provide for transfer of STRs to family members under certain circumstances, (e) allow Owners with multiple STR Permits to retain those permits, (f) require hosted STR Permit applicants to file an affidavit that they will live on site, (g) provide a tiered violation penalty schedule, (h) require a fine for first violations of TOT/BIA and operating without a Permit, (i) clarify that after a third violation a Permit is revoked permanently, (j) provide that the cap on non-hosted STRs will be reduced through natural attrition, prohibit new non-hosted STR Permit applications, and (k) require the City to send renewal reminder notifications to Permit owners.

WHEREAS, Section 8 of the City Charter provides, in relevant part, that a proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, providing its general scope and original purpose are retained; and WHEREAS, on June 20, 2023, the Council held the first of two second readings and adopted an Ordinance amending the text of Title 20 of the Santa Rosa City Code, Chapter 20-48, Short-Term Rentals, to provide a 31-day grace period, following the effective date of the ordinance, to submit applications to renew expired Short-Term Rental Permits issued during the first year of the Short-Term Rental Ordinance, and to clarify that in the event that any non-hosted Short-Term Rental Permit was issued for a property within 1,000 feet of an expired non-hosted Permit that is subsequently renewed under that new grace period, both Short-Term Rentals would be able to retain their Permits regardless of the distance between them; and WHEREAS, on July 25, 2023, the Council held the second of two second readings to amend the text of Title 20 of the Santa Rosa City Code, Chapter 20-48, Short-Term Rentals to (a) provide a permanent 30-day grace period for submitting renewal applications, (b) clarify that allowed outdoor burning at non-hosted STRs only includes natural gas and propane appliances, (c) clarify that outdoor burning regulations do not apply to hosted STRs, (d) provide for transfer of STRs to family members under certain circumstances, (e) allow Owners with multiple STR Permits to retain those permits, (f) require hosted STR Permit applicants to file an affidavit that they will live on site, (g) provide a tiered violation penalty schedule, (h) require a fine for first violations of TOT/BIA and operating without a Permit, (i) clarify that after a third violation a Permit is revoked permanently, and (j) provide that the cap on non-hosted STRs will be reduced through natural attrition, prohibit new non-hosted STR Permit applications; and WHEREAS, Council’s direction to staff to provide renewal reminder notifications to Permit owners is being addressed administratively.

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Ord. No. ORD-2023-011

Section 1. The Council of the City of Santa Rosa finds, pursuant to City Code Section 20- 64-050 (Findings), based on evidence and records presented, that:

A. The proposed amendments are consistent with the goals and policies of the Santa Rosa General Plan, and all applicable Specific Plans in that the amendments further existing policies related to economic vitality, police services, fire protection, and noise and do not allow density beyond what is currently allowed. Further, the Residential section of the Land Use and Livability Element of the General Plan includes seven residential land use classifications that are established to provide for a development of a full range of housing types, with a goal to “maintain a diversity of neighborhoods and varied housing stock to satisfy a wide range of needs”. While the Short-Term Rental Ordinance allows for a more transient occupancy of residential units in the City, it does not permanently remove those units as residential, and therefore does not impact the City’s ability to meet its Regional Housing Needs Allocation (RHNA), as set by the State of California. The units will continue to count toward the City’s overall housing stock, and will not be altered such that they cannot be immediately returned to longer-term residential use at the end of the one-year term of a Short-Term Rental Permit. Further, the concentration requirements within the Short-Term Rental Ordinance, which limits non-hosted Short-Term Rentals to no more than one within a 1,000-foot radius, and the limit of 182 non-hosted Short-Term Rentals citywide which will decrease over time through attrition, further limits the impact of these short-term residential leases on the City’s overall housing stock.

B. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendments strive to improve and enhance implementation and enforcement of the STR Ordinance to ensure STRs are compatible with the neighborhoods in which they are located. Further, the proposed amendments limit the number of non-hosted STR Permits that a single entity can own to encourage a fairer distribution of non-hosted STR Permits and the proposed amendments prohibit STR activities in all accessory dwelling units which have not previously received an STR Permit and in other sensitive housing types.

C. The proposed amendments are internally consistent with other applicable provisions of this Zoning Code except where explicitly identified such as the extension of quiet hours to 9:00 p.m. to 8:00 a.m. In addition, Zoning Code Section 20-22.010, Purpose, identifies that the purpose of Zoning Code Chapter 20-22, Residential Zoning Districts, is to determine the type of land use permit/approval required for each use identified as allowed in each of the City’s residential zoning districts, and provides basic standards for site layout and building size. Zoning Code Section 20-22.020, Purposes of the Residential Zoning Districts, further identifies specific purposes for each residential zoning district. While this section of the Zoning Code identifies residential units as the primary use, it also allows compatible accessory uses. Such compatible accessory uses allowed by-right, or with the approval of a Minor Use Permit or Conditional Use Permit, include neighborhood serving retail uses; home occupations, including those that allow both clients and customers to visit the home Ord. No. ORD-2023-011

occupation; community care facilities, both large and small; emergency shelters; supportive and transitional housing; rooming or boarding houses; organizational houses (dormitory, sorority, monastery, etc.); child and adult day care uses; and bed and breakfast inns. While the Short-Term Rental Ordinance allows for a more transient occupancy of traditional residential units, it will not permanently remove those units for residential use. The units will continue to be residential in nature and will not be altered such that they cannot be immediately returned to longer-term residential use at the end of the one-year term of a Short-Term Rental Permit.

D. The proposed amendments have been reviewed in compliance with the California Environmental Quality ACT (CEQA) and the City Council has determined that adoption of this ordinance is exempt from CEQA under CEQA Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and because it is not a project as defined in CEQA Guidelines Section 15378, as it has no potential for resulting in a physical change in the environment, directly or indirectly. Additionally, or alternatively, the Ordinance is exempt from CEQA under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance or its implementation of the Amendments would have a significant effect on the environment, would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The Ordinance is also exempt from CEQA pursuant to CEQA Guidelines section 15301 in that no new development or construction is authorized by the Ordinance and nothing in the Ordinance permits any expansion of use beyond the level of land uses already existing in the City. Singlefamily homes that are rented on a short-term basis will still be used as single-family homes and in a manner that is not substantially different from how they would be used if they were occupied by full-time residents or long-term renters. In addition, the Ordinance is exempt pursuant to CEQA guidelines sections 15307 and 15308 as an action taken to assure the maintenance, restoration, enhancement and protection of natural resources and the environment, in that requiring a short-term rental permit program that imposes standards related to water conservation, refuse management, noise, outdoor burning and emergency evacuation serves to further protect natural resources and the environment.

Section 2. Chapter 20-48, Short-Term Rentals, of the Santa Rosa City Code is amended to read and provide as follows:
“Chapter 20-48, Short-Term Rentals
20-48.010 Purpose.

This chapter provides a regulatory framework for the Short-Term Rental of residential units so that Short-Term Rental activities do not become a nuisance or threat to the public peace, welfare, health, or safety of neighboring properties; to preserve the City’s limited housing stock; to retain the residential characteristics of neighborhoods; and to facilitate the collection of Transient Occupancy Taxes (TOT) and Business Improvement Area (BIA) assessments. In order to Ord. No. ORD-2023-011

monitor the success of Chapter 20-48 in reaching these goals and objectives, City Council has directed staff to provide the Council with an opportunity to review Chapter 20-48, in its entirety, in or about August 2024. Council shall use that opportunity to determine if any revisions are necessary or appropriate. In the event that Council determines that no revisions are necessary or appropriate, or if no such Council review takes place, Chapter 20-48 shall remain in full force and effect as written.
20-48.020 Application of this chapter.

This chapter applies to all Short-Term Rental uses as defined herein but is not intended to regulate hotels, motels, inns, the home exchange of a dwelling unit as defined herein, or other rental arrangements, including, but not limited to, community care facilities, lodging or rooming houses, or supportive or transitional housing. Each Short-Term Rental Owner, Agent, Local Contact, Short-Term Renter, and Daytime Guest as defined herein shall comply with the requirements of this chapter.
20-48.030 Definitions.

Terms that are not defined in this chapter shall have the meanings ascribed to them in Chapter 20-70 of the Santa Rosa City Code. The following words and phrases shall have the meanings set forth below when used in this chapter unless the context plainly requires otherwise:

A. Agent. A person, authorized in writing by the Short-Term Rental property owner to comply with the requirements of this ordinance.

B. Daytime Guests. Guests of Short-Term Renters who visit the Short-Term Rental between the allowed daytime guest hours of 8:00 a.m. and 9:00 p.m.

C. Dwelling Unit. A single unit that provides complete independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation.

D. Enforcement Official. The City Manager, the Planning and Economic Development Director (Director), the Police Chief, the Fire Marshal, the Building Official, or one or more of their respective designees.

E. Home Exchange. A type of accommodation in a legal dwelling unit in which two or more parties agree to offer exclusive use of each other’s homes for living and sleeping purposes for a set period of time whereby the agreement involves the exchange of homes and may include use of the vehicles associated with those homes, with no additional monetary exchange or other consideration exchanged between the parties. Also known as home swapping.

F. Host. A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Host includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business Ord. No. ORD-2023-011

entity, or any fractional ownership of six or more interests. Host is synonymous with Owner and Operator.

G. Hosted Short-Term Rental. A Short-Term Rental where, throughout the Short-Term Rental period, the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, which parcel is the Owner’s principal residence as defined herein. Hosted Short-Term Rentals shall be allowed only in the primary residence on any property containing more than one legal Dwelling Unit except where allowed in an ADU pursuant to Section 20-48.040(A)(4)(b).

H. Local Contact. A natural person identified in the Short-Term Rental Permit application who is available 24 hours per day, seven days per week, for the purpose of responding to complaints regarding the condition, operation, or conduct of the Short-Term Rental or its occupants, and for taking any remedial action necessary to resolve such complaints, including visiting the Short-Term Rental, if necessary, within 45 minutes after initial complaint. A Local Contact shall not be a call center where a call is not directly answered by a natural person or where the complainant is required to consent to being recorded.

I. New Operator. Any Short-Term Rental owner who does not qualify as an Operator in Good Standing as defined herein.

J. Non-Hosted Short-Term Rental. A Short-Term Rental where the Host does not live and sleep in the Dwelling Unit or in another legal Dwelling Unit on the same parcel throughout the Short-Term Rental period.

K. Operator. A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Operator includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Operator is synonymous with Host and Owner.

L. Operator in Good Standing. A Short-Term Rental Operator who was registered on or before October 27, 2021 to pay the City’s Transient Occupancy Tax (TOT) and Santa Rosa Tourism Business Improvement Area (BIA) assessments; who submitted a Short-Term Rental Permit application prior to December 3, 2021, that was subsequently approved; and who has not lost Operator in Good Standing status pursuant to any of the reasons provided for in Section 20-

48.040(H)(1-4).

M. Owner. A natural person or persons who is/are the Short-Term Rental Owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Owner includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Owner Ord. No. ORD-2023-011

is synonymous with Host and Operator.

N. Principal Residence. The place where one resides for more than one-half of the year.

O. Renoticing Fee. A fee set forth in the City of Santa Rosa Fee Schedule that is assessed to Short-Term Rental Owners if Local Contact, occupancy or parking information for the ShortTerm Rental is changed during the life of the Short-Term Rental Permit.

P. Short-Term Rental. A Dwelling Unit, or any portion thereof, utilized for residing, lodging, sleeping, or other occupancy purposes for less than 30 consecutive days, counting portions of days as full days. Short-Term Rentals may be Hosted or Non-Hosted as defined herein.

Q. Short-Term Rental Permit Application Fee. The fee assessed for a new or renewal ShortTerm Rental Permit application as defined herein and as set forth in the City of Santa Rosa Fee Schedule.

R. Short-Term Rental Permit Application – New. A Short-Term Rental Permit application for a property that does not have an issued and active Short-Term Rental Permit, or where a prior Short-Term Rental Permit has expired or been revoked, or where an Owner no longer qualifies as an Operator in Good Standing.

S. Short-Term Rental Permit Application – Renewal. A Short-Term Rental Permit application for a property that has an issued and active Short-Term Rental Permit, and where the Short-Term Rental Permit renewal application is submitted during the 60 calendar day period prior to expiration of the issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the issued Short-Term Rental Permit.

T. Short-Term Renter. A person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement for a period of less than 30 consecutive days, counting portions of days as full days.

Short-Term Renters also include all persons who occupy the Short-Term Rental during the overnight hours of 9:00 p.m. to 8:00 a.m. Daytime Guests as defined herein are not considered Short-Term Renters.
20-48.040 Short-Term Rental Permit requirements and limits.

A Short-Term Rental Permit issued by the Director is required prior to renting, offering, or advertising a Short-Term Rental within the City.

A. Permit requirements.

1. A Short-Term Rental Permit is required for each address where a Short-Term Rental is proposed.

2. A Short-Term Rental Permit may be issued only to an Owner as defined herein.

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3. A Short-Term Rental Permit may be issued only for a fixed location and address and only for a habitable and permitted Dwelling Unit.

4. A Short-Term Rental Permit shall not be issued for any of the following unit types or spaces:
a. Income-restricted affordable housing.
b. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU); except an ADU where a Short-Term Rental Permit has been issued and is in effect may continue to operate as a Short-Term Rental until or unless it is no longer compliant with any other section of this chapter. A Short-Term Rental Permit for an ADU which has been revoked or vacated or for which a Short-Term Rental Permit Renewal application has not been received pursuant to Section 20-

48.040(E), or for which a Short-Term Rental Permit Renewal application has been denied, may not be reissued.
c. Student housing, dormitories, and single-room occupancy facilities. d. Senior housing.
e. Transitional housing.
f. Temporary housing units such as recreational vehicles, including but not limited to non-motorized travel trailers, tiny homes, yurts, tents, treehouses, and sleeping in vans or cars.
g. Areas not designed or intended for human habitation, such as closets, laundry rooms, storage sheds, and similar areas.

B. Location requirements and permit limits.

1. Hosted Short-Term Rental. Hosted Short-Term Rentals are allowed with a ShortTerm Rental Permit in all City zoning districts. a. Short-Term Rental Permits may be issued for Hosted Short-Term Rentals citywide with no cap on the total number issued.
b. There is no separation requirement between Hosted Short-Term Rentals. c. Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Hosted Short-Term Rental within city limits.
d. Hosted Short-Term Rental Application Affidavit. All applications for a Hosted Short-Term Rental Permit shall require the submittal of an affidavit Ord. No. ORD-2023-011

documenting that the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, one of which is which parcel is the Owner’s principal residence as defined herein, throughout the ShortTerm Rental period, as defined in Section 20-48.030(G).

2. Non-Hosted Short-Term Rentals are allowed with a Short-Term Rental Permit in the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Rural Residential (RR), Single Family Dwelling (R1), Residential Planned Development (PD) where not explicitly prohibited, Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), Transit Village Residential (TV-R), Office Commercial (CO), Neighborhood Commercial (CN), Community Shopping Center (CSC), General Commercial (CG), and Transit VillageMixed (TVM) zoning districts. Non-hosted short-term rentals are prohibited in all other zoning districts.
a. The maximum number of Short-Term Rental Permits issued for NonHosted Short-Term Rentals shall be 182 citywide. No new Non-Hosted ShortTerm Rental Permit applications shall be accepted. The maximum number of Non-Hosted Short-Term Rental Permits citywide shall decrease through attrition when existing Non-Hosted Short-Term Rental Permits are vacated or revoked, or when properties are sold or transferred, with the exception of transfers allowed pursuant to Section 20-48.040(G)(1).
b. Required separation between Non-Hosted Short-Term Rentals. A new Non-Hosted Short-Term Rental may not be proposed within 1,000 feet of another existing or proposed Non-Hosted Short-Term Rental as measured from property line to property line.

3. Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Non-Hosted Short-Term Rental within city limits. NonHosted Short-Term Rental Permit Owners with more than one issued Non-Hosted ShortTerm Rental Permit as of August 24, 2023 may continue to maintain all of their existing Non-Hosted Short-Term Rental Permits, provided that the Permits are maintained in good standing and have not otherwise been vacated or revoked. If a Non-Hosted Short-Term Rental Permit is not renewed pursuant to Section 20-48.040(E), the Owner shall lose the right to that Permit and their total number of Permits held shall be reduced.

C. New application. A new Short-Term Rental Permit application accompanied by the appropriate application fee shall be filed with the Planning and Economic Development Department. The new Application shall include all supporting materials, verifications, and signatures required by said application and any other information determined necessary by the Director, or the application shall be deemed incomplete and subject to expiration pursuant to Section 20-50.080, Initial application review.

D. Duration of Short-Term Rental Permit. A Short-Term Rental Permit shall be valid for a period of no more than one year from date of issuance and is automatically void upon expiration, Ord. No. ORD-2023-011

unless an application for a Renewal Short-Term Rental Permit has been submitted to the City pursuant to Section 20-48.040(E) below. A Short-Term Rental Permit may not be extended but may be renewed in accordance with Subsection E, below.

E. Annual Renewal.

1. A Renewal Short-Term Rental Permit application accompanied by the ShortTerm Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Economic Development Department annually prior to expiration of the Short-Term Rental Permit.

Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2023, the renewal Short-Term Rental Permit issuance date shall be January 1, 2024.

3. If a Renewal Short-Term Rental Permit application is not received prior to the expiration of an issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit, including separation requirements between Non-Hosted Short-Term Rentals, shall apply.

F. Neighbor notification.

1. Upon issuance of a New Short-Term Rental Permit, the City will provide mailed notice of permit issuance, Local Contact information, and certain Short-Term Rental regulations to property owners and tenants within 600 feet of the Short-Term Rental.

2. Renoticing requirement. Neighbor renoticing is required if the Local Contact, occupancy, or parking limits change during the life of the Short-Term Rental Permit.

Where neighbor renotification is required, the applicant shall be responsible for all renotification costs including staff time, printing, and postage prior to Permit issuance or implementation of the requested changes, as set forth in the City of Santa Rosa Fee Schedule.

G. Transferability. A Short-Term Rental Permit is non-transferrable, except as identified in subsection 20-48.040(G)(1) below. If a property with an approved Short-Term Rental Permit is Ord. No. ORD-2023-011

sold or transferred to any other person, the Short-Term Rental Permit is void. Any subsequent reapplication shall be subject to all requirements of a New Short-Term Rental Permit application including the 1000-foot separation requirement for Non-Hosted Short-Term Rentals. The following exception shall apply:

1. In the event that a Short-Term Rental Permit Owner is incapacitated, deceased, or otherwise unable to carry out the terms of the Short-Term Rental Permit, a valid ShortTerm Rental Permit may be transferred to a spouse or domestic partner.

H. Loss of Operator in Good Standing Status. Any owner of a property that applied for or was issued a Short-Term Rental Permit as an Operator in Good Standing as defined herein, shall lose Operator in Good Standing status and all benefits accorded heretofore for any of the reasons outlined below and any subsequent reapplication shall be subject to all requirements for a new Short-Term Rental Permit, including the 1000-foot separation requirement for Non-Hosted Short-Term Rentals.

1. The Short-Term Rental, whether before or after Short-Term Rental Permit issuance, has accrued in any one-year (12 consecutive months) period, three verified code enforcement violations; or

2. The New or Renewal Short-Term Rental Permit has been denied or revoked; or

3. The property is sold or transferred to another person, with the exception of transfers allowed pursuant to 20-48.040(G)(1); or

4. The Owner does not submit a Renewal Short-Term Rental Permit application prior to or within 30 calendar days following the expiration of the issued Short-Term Rental Permit.

I. Denial. The Director may deny a New or Renewal Short-Term Rental Permit application for any of the following reasons:

1. The application or supporting materials, signatures, or verifications are incomplete, are not consistent with the requirements of this chapter, contain(s) false or misleading information or omission of a material fact; or

2. The appropriate application fee has not been received; or

3. The applicant has lost Operator in Good Standing Status and does not comply with the requirements of a new Short-Term Rental Permit, including the 1000-foot distance requirement between non-hosted Short-Term Rentals; or

4. The application seeks authorization at an address where a Short-Term Rental Permit:

Ord. No. ORD-2023-011

a. Has expired and a complete Short-Term Rental Permit renewal application has not been received prior to or within 30 calendar days following the expiration; or
b. Is subject to revocation proceedings for violation of any of the provisions of this chapter or any other chapter of the City's Municipal Code, or any local, State, or Federal laws.

5. The applicant is ineligible for a Short-Term Rental Permit due to a prior revocation pursuant to Section 20-48.080(C); or

6. The Owner has failed to remit TOT and/or BIA assessments in the amount(s) required based on the number of nights the Short-Term Rental has been occupied and the level of compensation received; or

7. The Short-Term Rental Owner has unpaid code enforcement penalties or other City fees at the time of New or Renewal Short-Term Rental application submittal, unless said penalties or fees are paid within 30 days of the filing of a New or Renewal ShortTerm Rental application.

J. Appeals. Director determinations on New or Renewal Short-Term Rental Permit applications may be appealed to the Planning Commission. Appeals shall be submitted in writing on a City application and filed with the Planning and Economic Development Department with the appropriate fee within 10 calendar days after the decision date. The time limit will extend to the following business day where the last of the specified number of days falls on a day that City offices are not open for business.
20-48.050 Registration requirements.

A. Transient Occupancy Tax. Short-Term Rental Owners shall impose, report, and remit Transient Occupancy Tax pursuant to City Code Chapter 3-28, Transient Occupancy Tax.

Notwithstanding Section 3-28.050, Registration, Short-Term Rental Owners must register for TOT prior to submittal of a new Short-Term Rental Permit application. Any Short-Term Rental Owner who fails to accurately impose, report, and remit Transient Occupancy Tax shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 3-28 and section 20-48.080 of this chapter.

B. Santa Rosa Tourism Business Improvement Area Assessment. Short-Term Rental Owners shall report and remit Business Improvement Area Assessment pursuant to City Code Chapter 6- 56, Article IV, Santa Rosa Tourism Business Improvement Area. Any Short-Term Rental Owner who fails to accurately report and remit Business Improvement Area Assessments shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 6-56 Article IV and section 20-48.080 of this chapter.
20-48.060 Occupancy and parking requirements.

Ord. No. ORD-2023-011

A. Occupancy limits. Maximum Short-Term Rental occupancy shall not exceed two (2) Short-Term Renters per bedroom and shall in no instance exceed ten (10) Short-Term Renters in total, excluding children under the age of three. The number of bedrooms shall be determined by County Assessor’s record. The Owner shall not allow the Short-Term Rental to be used for any gathering that exceeds the maximum number of Short-Term Renters and allowable Daytime Guests, or for any gathering that does not meet the minimum parking requirements specified herein.

B. Daytime Guests. In addition to the maximum number of Short-Term Renters allowed, Daytime Guests shall be allowed to visit the property between the hours of 8:00 a.m. and 9:00 p.m. The maximum number of Daytime Guests shall be equal to one-half of the maximum number of Short-Term Renters allowed (e.g., if the maximum number of Short-Term Renters is 10, then five Daytime Guests are allowed for a total occupancy to not exceed fifteen (15) people between the hours of 8:00 a.m. and 9:00 p.m.).

C. Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to Sections 20-48.060(A) and (B), the maximum occupancy of a Short-Term Rental shall not exceed the occupancy supported by the minimum parking spaces as required below, except for Short-Term Rentals located in CMU, SMU, MMU, and NMU zoning districts where maximum occupancies shall be determined by the number of bedrooms proposed for Short-Term Rental Use exclusively:

1. Each Short-Term Rental shall provide one off-street parking space per bedroom proposed for Short-Term Rental use.

2. Parking spaces within garages and carports shall have minimum dimensions of nine and one-half feet in width by 19 feet in length, clear of any obstructions (e.g. laundry or HVAC equipment).

3. Standard parking spaces shall have a minimum dimension of 9 feet in width by 19 feet in length.

4. Parallel parking spaces shall be at least 8 feet by 22 feet, except that spaces that are encumbered at one end may be reduced to 8 feet by 20 feet.

5. Where legal on-street parking is available, no more than one on-street parking space may count toward the minimum number of parking spaces required.

6. A garage or driveway used to meet the Short-Term Rental minimum parking requirement must be available to the Short-Term Renter for that purpose.

7. Parking shall not be located in a required front or street side setback except when located on a driveway.

8. Parking shall not encroach into the roadway or obstruct Fire apparatus access roads (Emergency Vehicle Access) or travel. This includes driveways where fire Ord. No. ORD-2023-011

department access is required to come within 150 feet from the furthest point of the structure for firefighting purposes.
20-48.070 Operating requirements.

Each Owner, Agent, and Short-Term Renter or Daytime Guest shall comply with all operational requirements and standard conditions established by this section.

A. General

1. Compliance with Other Codes and Laws. At the time of Short-Term Rental Permit issuance and at all times the Short-Term Rental Permit is active, the Short-Term Rental shall be in compliance with the provisions of the City Code, the California Fire Code, California Building Code, California Residential Code, International Property Maintenance Code, National Fire Protection Association Standards, local amendments to adopted codes or regulations, and any other applicable laws and codes.

2. Noise limits. Short-Term Renters and Daytime Guests shall comply with all requirements of City Code Section Chapter 17-16, Noise, with the following modification and addition:
a. Quiet hours shall be enforced from 9:00 p.m. to 8:00 a.m. b. Outdoor amplified sound shall not be allowed at any time.

3. Outdoor lighting. All exterior lighting shall be adequately shielded from adjacent properties to minimize light pollution impacts and shall comply with all other provisions of Section 20-30.080, Outdoor lighting.

4. Trash and recycling facilities. Trash and refuse shall not be left stored within public view, except in the proper containers for the purpose of collection on scheduled trash days. Recycling and trash receptacles shall be removed from the street within 24 hours of trash pick-up.

5. Permit posting. A copy of the Short-Term Rental Permit and accompanying Short-Term Rental Requirements shall be posted within the Short-Term Rental in a prominent place and shall be included as part of all rental agreements.

6. Water conservation. During any City Council declared water shortage, the Owner shall provide Short-Term Renters with information related to water reduction, how to report plumbing leaks to the Owner/Agent/Local Contact, and any City mandated water use prohibitions and restrictions.

7. Events or gatherings. Events or gatherings including, but not limited to, weddings, receptions, and corporate events, are prohibited. Personal, private events hosted by the Owner of the Short-Term Rental, where the Owner is present at all times during the Ord. No. ORD-2023-011

event, including overnight, are not subject to this provision.

8. Advertising and listing requirements. Advertising may be conducted only for Short-Term Rentals operating under a valid Short-Term Rental Permit. All advertisements, flyers, internet listings, or other methods of offering the Short-Term Rental shall include the following:
a. Maximum number of Short-Term Renters.
b. Maximum number of Daytime Guests.
c. Number of dedicated off-street parking spaces and whether there is one legal on-street parking space available for use by Short-Term Renters. d. Notification that quiet hours must be observed between 9:00 p.m. and 8:00 a.m.
e. Notification that outdoor amplified sound is prohibited; and f. The Short-Term Rental Permit number for the property.

9. Accessibility. The Short-Term Rental shall be made available by the Owner, Agent, or Local Contact for inspection by code enforcement, building, police, or fire personnel by request at any time.

B. Life, safety requirements.

1. Emergency communication. Each Short-Term Rental shall be equipped with landline telephone service (POTS) or VoIP line with battery backup for the handset if a POTS isn’t available. The POTS or VoIP shall be registered to receive SoCoAlert or the most current opt in form of “Reverse 911.”

2. Right to privacy. All video surveillance, or any mechanism that can be used to capture or transmit audio, video, or still images on site, shall be disclosed to Short-Term Renters.

3. Evacuation preparation and signage. The following shall be posted in a visible location within each Short-Term Rental:
a. A City of Santa Rosa evacuation checklist;
b. A “Know Your Alerts” flyer which provides the City’s alert and warning systems for emergency notifications;
c. A “Know Your Ways Out” map which reflects the recommended neighborhood travel routes to be used in the event of evacuation; and Ord. No. ORD-2023-011

d. The evacuation zone for the Short-Term Rental location.

4. Exit, fire, and emergency signage. Each Short-Term Rental shall have a clearly printed sign which shows the locations of all fire extinguishers, gas shut off valves, exits, and pull fire alarms in the unit and building (if applicable).

5. Outdoor burning. Outdoor burning at Non-Hosted Short-Term Rentals shall be limited to outdoor firepits, fireplaces, barbeques/grills and heaters that generate an open flame through the use of a single five-gallon cylinder of liquid petroleum gas (LGP) or are fed by natural gas, provided that such outdoor burning shall not be located within 10 feet of combustible vegetation and overhanging trees limbs. No other outdoor burning shall be permitted at Non-Hosted Short-Term Rentals. Outdoor burning at Hosted ShortTerm Rentals shall comply with all requirements of Santa Rosa Municipal Code Chapter 18-44 and the California Fire Code.
20-48.080 Enforcement.

It shall be unlawful for any person to violate any provision of, or to fail to comply with any requirement of this chapter, or of any other applicable local, State, or Federal law. Violations of this chapter may be enforced through any combination of remedies, including, but not limited to those outlined in Chapters 1-28, 1-30, 3-28, 6-56 and Section 20-54.100 of this Code.

Enforcement as described herein may be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances, up to and including revocation of the Short-Term Rental Permit.

A. Complaint procedure. Point-in-time complaints may be directed to the City’s complaint hotline and may additionally be directed to the Local Contact as identified in the Short-Term Rental Permit application. Other complaints may be directed to Code Enforcement using the City’s online portal. A failure of the Local Contact to respond as provided for herein, when verified by Code Enforcement, shall constitute a violation of a Short-Term Rental Permit.

B. Penalties. Violation of any provision of this chapter shall result in the issuance of administrative citations and the assessment of enforcement penalties as provided for in Table

48.1, below. In no case shall such penalties exceed maximum fine amounts established pursuant to California Government Code Section 36900 et seq, or future amendments thereof.

Ord. No. ORD-2023-011

A citation issued for a first-time violation of Section 20-48.070(A)(8) pertaining to advertising or listing requirements shall not include a fine. The issuance of an administrative citation for any violation of this Chapter, including a first-time violation of Section 20-48.070(A)(8) as described herein, or for a violation of any other applicable local, State, or Federal law, shall constitute a verified violation for purposes of section 20-48.080(C).

C. Revocation. Upon a third verified violation of this Chapter within a 12 consecutive month period, a Short-Term Rental Permit will be subject to revocation proceedings pursuant to Section 20-54.100. The Owner of a Short-Term Rental Permit that has been revoked for any reason shall be permanently ineligible for future consideration of a Short-Term Rental Permit on the property that was the subject of the revocation.”
Section 3. Environmental Determination. The proposed amendments have been reviewed in compliance with the California Environmental Quality ACT (CEQA) and the City Council has determined that adoption of this ordinance is exempt from CEQA under CEQA Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and because it is not a project as defined in CEQA Guidelines Section 15378, as it has no potential for resulting in a physical change in the environment, directly or indirectly. Additionally, or alternatively, the Ordinance is exempt from CEQA under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance or its implementation of the Amendments would have a significant effect on the environment, would not be detrimental to the public interest, health, Ord. No. ORD-2023-011

safety, convenience, or welfare of the City. The Ordinance is also exempt from CEQA pursuant to CEQA Guidelines section 15301 in that no new development or construction is authorized by the Ordinance and nothing in the Ordinance permits any expansion of use beyond the level of land uses already existing in the City. Single-family homes that are rented on a short-term basis will still be used as single-family homes and in a manner that is not substantially different from how they would be used if they were occupied by full-time residents or long-term renters. In addition, the Ordinance is exempt pursuant to CEQA guidelines sections 15307 and 15308 as an action taken to assure the maintenance, restoration, enhancement and protection of natural resources and the environment, in that requiring a short-term rental permit program that imposes standards related to water conservation, refuse management, noise, outdoor burning and emergency evacuation serves to further protect natural resources and the environment.

Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 5. Effective Date. This ordinance shall take effect on the 31st day following its adoption and, upon its effective date, shall supersede Ordinance No. ORD-2023-008, adopted by the City Council on June 20, 2023.

This ordinance was introduced by the Council of the City of Santa Rosa on June 6, 2023.

IN COUNCIL DULY PASSED AND ADOPTED this 25th day of July, 2023.

AYES: (6) Vice Mayor MacDonald, Council Members Alvarez, Fleming, Okrepkie, C.

Rogers, Stapp
NOES: (0)
ABSENT: (1) Mayor N. Rogers
ABSTAIN: (0)
ATTEST: _________________________ APPROVED: ______________________________ City Clerk Vice Mayor
APPROVED AS TO FORM: ________________________
Interim City Attorney
Samantha Zutler (Aug 4, 2023 07:14 PDT)
Samantha Zutler
Dianna MacDonald (Aug 7, 2023 11:20 PDT)
8/31/23, 3:45 PM Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty18/AlpineCounty1873.html#18.73 1/10 Chapter 18.73

RESIDENTIAL SHORT-TERM RENTALS
Sections:

18.73.010 Purpose.

18.73.020 Applicability.

18.73.030 Exemptions.

18.73.060 Notification of residential short-term rental.

18.73.070 Standards.

18.73.080 Enforcement and penalties.

18.73.090 Transient lodging tax proof of payment.

18.73.100 Preexisting short-term rental uses.

18.73.110 No property rights conferred.

18.73.120 License required.

18.73.130 Application requirements.

18.73.140 Requirements for license issuance.

18.73.150 License form and period of validity.

18.73.160 License issuance and nontransferability.

18.73.170 Term of license—Expiration.

18.73.180 License renewal.

18.73.190 Cessation of use of a residential unit as a short-term rental.

18.73.200 License revocation.
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18.73.210 License revocation notice.

18.73.220 Appeal from denial or revocation of license.

18.73.230 Fee.

18.73.010 Purpose.

The purpose of this chapter is to provide a fair, equitable and streamlined means of allowing residential short-term rentals throughout Alpine County in a manner that provides for the health and safety of the occupants and does not create a public nuisance. (Ord. 740-21 § 1, 2021; Ord. 723 § 1(1), 2017)

18.73.020 Applicability.

Residential short-term rentals may be located in any zone that allows residential use; provided, that the residential short-term rental complies with all the requirements of this chapter. Residential shortterm rental means the use of a dwelling unit by any person or persons for the purpose of providing overnight lodging in exchange for payment for a period of less than thirty consecutive days. Short-term rentals also include owner-occupied short-term rentals, but do not include bed and breakfasts, inns, hotels and motels. Short-term rentals are prohibited in accessory (secondary) dwelling units or junior accessory dwelling units (Government Code 65852.2). (Ord. 740-21 § 1, 2021; Ord. 723 § 1(2), 2017)

18.73.030 Exemptions.

A. Five Nights/Year. Residential short-term rentals offered or used up to a maximum of five nights per calendar year are exempt from the requirements of this chapter except that the owner or operator shall pay all applicable transient lodging taxes as required by county code.

B. One Bedroom in an Owner-Occupied Residence. One bedroom in an owner-occupied residence accommodating no more than three overnight guests is exempt from the requirements of this chapter except that the owner or operator shall pay all applicable transient lodging taxes as required by county code. (Ord. 740-21 § 1, 2021; Ord. 723 § 1(3), 2017)

18.73.060 Notification of residential short-term rental.

Upon approval of a license and prior to offering the residential short-term rental, the property owner or their agent shall send a notification to all property owners shown on the latest equalized assessment roles as owning real property within three hundred feet of the property where the residential short-term rental is located. Notices shall contain the property owner’s and, if applicable, the rental agent’s name, telephone number and mailing address; street address of the residential short-term rental unit, description of the residential short-term rental use, name and phone number for a local twentyfour/seven emergency contact. 8/31/23, 3:45 PM Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty18/AlpineCounty1873.html#18.73 3/10 This notification requirement does not apply to residential short-term rentals located within the Kirkwood Specific Plan and Bear Valley Master Plan areas. (Ord. 740-21 § 1, 2021; Ord. 723 § 1(6), 2017)

18.73.070 Standards.

A. Limitation on Structures. A residential short-term rental may be conducted only within a legally established residential unit or portion thereof.

B. Noise Limitations. No activity at any time shall produce sounds measured in excess of the standards as stated in Section 18.68.090(B) of this code. Outdoor amplified sound is prohibited.

C. Outdoor Fires. Outdoor fires are limited pursuant to Chapter 8.16 regarding outdoor burning and fire control.

1. East Slope properties which violate the standards of Chapter 8.16 for outdoor fire will be prohibited from all future outdoor burning with the exception of propane fuel barbeques and appliances.

D. Solid Waste. Solid waste storage and disposal shall not become a nuisance. The property owner shall not fail to adequately provide for appropriate refuse collection and/or storage. Solid waste violations include failure to secure waste from wildlife, leaving waste out for excessive time, and failure to secure waste from weather.

1. East Slope properties which violate the standard for solid waste shall be required to install a wildlife-proof solid waste receptacle or bear box.

E. Parking. No additional parking in excess of what is required for the residential use of the property shall be required.

F. Signs. One single, nonilluminated sign of not more than six square feet in area is permitted. In addition, each residential short-term rental shall have an address placard displayed on the building or land in such manner as to be clearly visible from the street or road on which the residential short-term rental is located. The address placard shall comply with the requirements of the California Fire Code.

G. Life Safety Measures. The following life safety measures are required to be in place within the area to be used for the residential short-term rental:

1. Operating smoke detector(s) and carbon monoxide detector(s) installed in accordance with state law;
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2. At least one functioning fire extinguisher in an easily accessed location inside the space;

3. Written information available to the occupant in a conspicuous location inside the space containing twenty-four/seven emergency contact information for a representative of the property owner or rental agent, law enforcement, fire department, and ambulance services.

H. Confinement of Pets. Guests of residential short-term rentals shall confine pets per the requirements of Section 6.04.160.

I. Outdoor Lighting. For all exterior lighting the light source shall be fully shielded from neighboring properties and directed downward. All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source.

Motion-sensing light fixtures shall be fully shielded from neighboring properties and properly adjusted to turn off when detected motion ceases.

J. Interior Notice Requirements. Each rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:

1. The name of the managing agency, agent, property manager, local contact, or owner of the unit, and a telephone number at which that party may be reached on a twenty-four-hour basis.

2. The number and location of on-site parking spaces and the parking rules for seasonal snow removal.

3. The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property except from six p.m. of the day prior to trash pickup to six p.m. on the day designated for trash pickup and that failure to utilize the provided garbage can enclosure, unless otherwise exempted, is a violation of this chapter.

4. Occupants and/or guests of the rental shall not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct, and shall not produce noise such that neighboring properties are disturbed between the hours of nine p.m. and seven a.m.

5. Occupants may be cited and fined for violating any provisions of the Alpine County Code.

L. Compliance with Other Codes, Laws and Regulations. The residential short-term rental shall be conducted in compliance with other applicable codes, laws and regulations including, but not limited to, all applicable provisions of the Alpine County Code. 8/31/23, 3:45 PM Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty18/AlpineCounty1873.html#18.73 5/10 M. Public Nuisance. The residential short-term rental shall not be operated in a manner that creates a public nuisance.

N. Local Contact. The property owner shall designate a local contact. The local contact may be a professional property manager, realtor, property owner, or other designated person who is available twenty-four hours per day, seven days per week during all times that the property is rented, and has access and authority to assume management of the unit and take remedial measures. The local contact shall be required to abate a nuisance relating to noise, trash, or parking within one hour after being notified of the existence of a potential violation of this chapter. The local contact shall be located within one hour driving distance of the short-term rental.

O. Advertisement. The residential short-term rental shall post the license identification number issued by the county within all online listings or other advertisements of the property for rent. (Ord. 740-1 § 1, 2021; Ord. 723 § 1(7), 2017)

18.73.080 Enforcement and penalties.

A. Upon violation of the standards the responsible party and property owner will receive a written warning that additional violations of the standards will result in an administrative fine.

B. The second successive violation of the standards will cause an administrative fine not to exceed five hundred dollars. The third successive violation of the standards will cause an administrative fine not to exceed seven hundred fifty dollars. The fourth violation will cause an administrative fine not to exceed one thousand dollars and the license to conduct short-term rental use shall be revoked and the property shall be prohibited from future short-term rental use. Successive violation means there have been three upheld fines for violations which fines were issued during three separate events and/or calls at the property within any twenty-four-month period.

C. Operation of a residential short-term rental without a valid license will result in an immediate administrative fine not to exceed one thousand dollars. (Ord. 740-21 § 1, 2021)

18.73.090 Transient lodging tax proof of payment.

On or before April 1st of each year, payment in full of all transient lodging taxes due for the preceding calendar year shall be confirmed by the community development department. Nonpayment of transient lodging taxes is a violation of this chapter and the county may take action against the property owner and/or operator of the residential short-term rental pursuant to the applicable sections of the Alpine County Code. (Ord. 740-21 § 1, 2021; Ord. 723 § 1(8), 2017. Formerly 17.83.080)

18.73.100 Preexisting short-term rental uses.
8/31/23, 3:45 PM Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty18/AlpineCounty1873.html#18.73 6/10 A. Effective July 1, 2021, all short-term rentals in residential dwellings in existence shall obtain a license and comply with all of the requirements for residential short-term rentals as described in this chapter.

B. Effective July 1, 2021, East Slope residential short-term rentals are required to meet the operational standards of this section and are subject to enforcement provisions including immediate administrative citations for violation of operational standards. (Ord. 740-21 § 1, 2021)

18.73.110 No property rights conferred.

Residential short-term rental licenses shall not be construed as providing property rights or vested interests and entitlements in continued operation of a short-term rental. Residential short-term rental licenses are revocable. Residential short-term rental licenses shall not run with the land. (Ord. 740-21 § 1, 2021)

18.73.120 License required.

No person shall rent, offer to rent, or advertise for rent a residential unit to another person or persons for a short-term rental without a license approved and issued in a manner provided for by this chapter.

Only owners of a residential unit are eligible to apply for and receive a short-term rental license.

Licenses for operation of a short-term rental shall be issued pursuant to an administrative policy developed by the county planner and/or his designee. (Ord. 740-21 § 1, 2021)

18.73.130 Application requirements.

Prior to renting, offering to rent or advertising the rental of a residential unit for a short-term rental, the property owner shall make an application to the county on a form provided by the county. The application shall be filed by the owner and include the following information:

A. The full true name under which the business will be conducted.

B. The address and assessor parcel number where the short-term rental is to be conducted. Where multiple units are located on the same parcel, each unit's address shall be provided on a separate application.

C. The owner's full, true name, mailing address, email address and telephone number.

D. In the case that a separate management company or person shall assume responsibility of the short-term rental for the owner, the management company or contact person's name, phone number, mailing address and email address shall be provided in addition to the owner. (Ord. 740-21 § 1, 2021)

18.73.140 Requirements for license issuance.
8/31/23, 3:45 PM Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty18/AlpineCounty1873.html#18.73 7/10 The county shall consider the information included in a submitted application in order to determine whether the issuance of the license for the short-term rental is consistent with the provisions of this chapter. Upon determination by the county that the following criteria have been met, the county shall approve the license:

A. The number of licensed short-term rentals within the East Slope short-term rental overlay district does not exceed thirty-five;
B. The property is not within one hundred feet distance as measured from the property boundary to a licensed short-term rental property in the residential neighborhood or residential estate zoning district or within one hundred feet of a dwelling unit for a licensed property in the agriculture zoning district.

For property in the agriculture zoning district the dwelling unit shall not be within one hundred feet of a licensed short-term rental property. Properties with a valid registration or transient lodging home occupancy permit approved prior to March 17, 2020, are not required to meet the one-hundred-foot distance requirement if the owner applies for license prior to July 1, 2021. Legal nonconforming uses which do not meet the one-hundred-foot distance requirement are allowed to continue short-term rental use by maintaining an annual license. Legal nonconforming status with the one-hundred-foot distance requirement shall be rescinded if a legal nonconforming use changes ownership, fails to renew the annual license, the license is revoked by the county, or upon cessation of use. The limits of this section apply only to properties within the East Slope; C. A license for a short-term rental use for the residential unit has not been revoked in the prior twentyfour month period; D. The premises or residential unit is not currently the subject of an active compliance order or administrative citation for violation of this code;
E. An administrative citation has not been issued, regarding a violation on the site, in the past twelve months;
F. The property owner has demonstrated, through an application filed to the county, the ability to meet the requirements outlined in this chapter. (Ord. 740-21 § 1, 2021)

18.73.150 License form and period of validity.

All licenses for short-term rental uses shall be made on forms furnished by the community development department and shall be issued for a period of one year. Licenses shall be issued for the period of time beginning on July 1st of each year and shall conclude on June 30th of the following year. Applications made during the year shall be issued for a prorated period to conclude on June 30th. (Ord. 740-21 § 1, 2021)
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18.73.160 License issuance and nontransferability.

The short-term rental license issued under this chapter shall be issued to the owner of record of the residential unit and no license may be assigned, transferred or loaned to any other person, entity, location or establishment. (Ord. 740-21 § 1, 2021)

18.73.170 Term of license—Expiration.

The short-term rental license shall be personal to the applicant/owner and shall automatically expire upon sale or transfer of the premises or residential unit, or if not renewed pursuant to Section

18.73.180. The license may be revoked for failure to comply with the requirements of the Alpine County Code, subject to the administrative and revocation procedures outlined in Section 18.73.200, unless otherwise specified by this chapter. (Ord. 740-21 § 1, 2021)

18.73.180 License renewal.

The short-term rental license shall automatically renew upon payment of the short-term rental license renewal fee and all required transient occupancy tax remittance documents associated with the shortterm rental license. Nonrenewal prior to the expiration date will result in expiration of the short-term rental license and will require that a new application be made subject to Sections 18.73.130 and

18.73.140 and all other requirements of this code. (Ord. 740-21 § 1, 2021)

18.73.190 Cessation of use of a residential unit as a short-term rental.

A. Where the owner of a premises or residential unit used and occupied as a short-term rental pursuant to a short-term rental license approved and issued in the manner provided by this chapter fails to remit transient occupancy tax for a period of twelve consecutive months as determined by the county, the short-term rental license shall be deemed to have automatically expired and shall be forfeited.

B. Where the owner of a premises or residential unit used and occupied as a short-term rental pursuant to a short-term rental license approved and issued in the manner provided by this chapter intends to cease such use and abandon the short-term rental license for the residential unit, the owner shall promptly cause a notice of cessation to be filed with the county. The short-term rental license for the unit shall expire immediately upon receipt by the county of the notice of cessation. (Ord. 740-21 § 1, 2021)

18.73.200 License revocation.

A short-term rental license issued under the provisions of this chapter may be revoked by the county planner or his/her designee after notice and hearing, as provided in Section 18.73.210, for any of the following reasons:
8/31/23, 3:45 PM Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty18/AlpineCounty1873.html#18.73 9/10 A. Fraud, misrepresentation or false statement contained in the application; B. Fraud, misrepresentation or false statement made in the course of carrying on a short-term rental as regulated by this chapter;
C. Any violation of any of the provisions of this chapter or of any other provision of this code; D. Any violation of any provision of federal, state or local laws; or E. Cessation of use. (Ord. 740-21 § 1, 2021)

18.73.210 License revocation notice.

Before revoking a short-term rental license, the county planner or his/her designee shall give the owner notice in writing ten days prior to the revocation action. (Ord. 740-21 § 1, 2021)

18.73.220 Appeal from denial or revocation of license.

Any person whose application has been denied by the county planner or his/her designee or any person who has had a short-term rental license revoked by the county planner or his/her designee shall have the right to appeal per Chapter 18.88. (Ord. 740-21 § 1, 2021)

18.73.230 Fee.

A. The county shall collect an annual fee of one hundred dollars for every application.

B. The above fee amounts are not anticipated to fully cover the cost of administrating this chapter; however, within twelve months of the ordinance codified in this chapter, the county shall conduct a fee study to determine the total cost of administering this chapter.

1. If, based on the results of the fee study, the fee needs to be increased, the county may increase the fee by way of resolution for any new or renewed registrations.

2. If, based on the results of the fee study, the fee exceeds the cost of administering this chapter, the county shall decrease the fee by way of a resolution and shall also reimburse applicants their proportional share of overpayment. (Ord. 740-21 § 1, 2021) The Alpine County Code is current through Ord. 751, passed June 20, 2023.

Disclaimer: The clerk of the board’s office has the official version of the Alpine County Code. Users should contact the clerk of the board’s office for ordinances passed subsequent to the ordinance cited above. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 1/13 Napa, California Municipal Code

CITY OF NAPA MUNICIPAL CODE
Title 17 ZONING
Chapter 17.52 SITE AND USE REGULATIONS

17.52.515 Vacation rental permits.

A. Scope, Purpose and Findings.

1. The purposes of this section (which may be referred to as the “Vacation Rental Ordinance”) are to:
a. Document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any vacation rental use within the city.
b. Establish that transient occupancy uses are not permitted or conditionally permitted in residential or nonresidential zoning districts, unless either: (i) the city has approved a hotel use in a nonresidential zoning district pursuant to Title 17, or (ii) the city has approved a use permit for a bed and breakfast inn pursuant to Section 17.52.060 of this chapter, or (iii) the city has approved a vacation rental permit pursuant to this section.

2. The City Council hereby finds that unregulated transient occupancy uses in residential and nonresidential districts present a threat to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located, and to the availability of housing stock in compliance with the Housing Element of the General Plan.

3. The City Council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to vacation rental permits is necessary to protect the public health, safety and welfare. The purpose of this section is to provide a permit system and to impose operational requirements to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density, to ensure the health, safety and welfare of renters and guests patronizing vacation rentals, and to impose limitations on the total number and types of permits issued in order to ensure the long term availability of housing stock in compliance with the Housing Element of the City of Napa General Plan. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
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4. The City Council hereby finds that the provisions of this section which impose restrictions on commercial speech, pursuant to the restrictions on advertisements set forth in subsection (E)(5) of this section, are necessary in order to advance the city’s legitimate interest in preventing rental activity that violates this code, and in regulating fraudulent, misleading, or deceptive advertising.

These restrictions on advertising are necessary in order to prevent advertisers from engaging in unlawful rental activity and from misleading the general public to think that a particular property in the City of Napa is available for transient occupancy if, in fact, the advertised property is not authorized to be used for transient occupancy purposes in accordance with this section.

5. The City Council hereby finds that the city’s regulation of vacation rental uses in accordance with this section is a valid exercise of the city’s police power in furtherance of the legitimate governmental interests documented in this section.

B. Definitions. As used in this section:
“2009 permit” means each of the 41 vacation rental permits which were in effect prior to July 1, 2015, and which were issued pursuant to city Ordinance Nos. O2009-6 and O2010-16 (former versions of vacation rental regulations). Each 2009 permit shall be deemed by the city to be “approved” and “issued” “pursuant to this section,” as those phrases are used in this section, including, but not limited to, subsections (A)(1)(b), (D)(1), (E), (F), and (H) of this section. “Advertise” means any communication that induces or encourages any person to rent for transient occupancy purposes, or that provides information (to any person) that promotes the availability to rent for transient occupancy purposes, any building in the City of Napa. “Applicant” means any person, firm, partnership, association, joint venture, corporation, or an entity, combination of entities or consortium who seeks or seek approval of a vacation rental permit under the authority of this section.
“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 non-hosted accommodation, and to provide and receive any notices identified in this section on behalf of the owner, applicant, permittee, or authorized agent.
“Bedroom” is as defined by Section 17.06.030 of this code. “Director” means the Director of the Community Development Department of the city, or a designee of the Community Development Director or City Manager.
“Enforcement officer” means the Director, Chief Building Official, Fire Marshall, City Code Enforcement Officer, City Department Manager (to the extent responsible for enforcing provisions of this code), or any other city employee designated by the Director or City Manager to enforce this section. “Guest” means an invitee of a renter or other person visiting a renter of a vacation rental unit who does not rent the unit.
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https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 3/13 “Hosted accommodation” means a vacation rental business for which the owner resides at the vacation rental unit, and the owner sleeps at the vacation rental unit while it is being rented, and no more than two bedrooms are rented for transient occupancy pursuant to this section. “Non-hosted 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 section.
“Owner” means the person holding fee title to the real property that is the subject of a vacation rental permit.
“Permittee” means the person to whom a vacation rental permit is issued pursuant to this section. To the extent that this section identifies requirements of a permit, or obligations of the permittee, the owner and any identified authorized agent shall be jointly and severally liable as a “responsible person” (see Section

1.16.010).
“Renter” means a person, not an owner, renting or occupying a vacation rental unit in accordance with the terms of this section.
“Reside,” as used in this section, 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” is as defined by Section 17.06.030 of this code. “Vacation rental” means any transient occupancy use for which the city has issued a vacation rental permit pursuant to this section. The term “vacation rental” shall be used to include all vacation rental businesses operating pursuant to a 2009 permit, all hosted accommodation vacation rentals, and all nonhosted accommodation vacation rentals. “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 section.

C. The Director shall invite applications for vacation rental permits pursuant to this subsection C.

1. The Director shall issue a written notice inviting applications for vacation rental permits in accordance with this section. Each written notice pursuant to this subsection shall be published in accordance with California Government Code Sections 6060 and 6061, and the Director shall endeavor to use other reasonably available means of communications such as the city’s Internet website.

2. Each written notice inviting applications shall identify the date and time which applications must be received by the Director, not less than 30 days after publication of the notice. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
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3. Each written notice inviting applications shall refer to the permit requirements of this section.

Each application for a vacation rental permit shall include the following information, signed by the owner (and the authorized agent for non-hosted accommodations), documented in a form acceptable to the Director:
a. Identify the owner of the real property on which the vacation rental is proposed (include the name, mailing address, email address, and telephone number). b. Identify whether the application is for a hosted accommodation or a non-hosted accommodation.
i. If the vacation rental is proposed as a hosted accommodation, provide adequate documentation that establishes the owner will reside at the vacation rental unit. ii. If the vacation rental is proposed as a non-hosted accommodation, identify the owner’s authorized agent (include the name, mailing address, email address, and telephone number). An authorized agent must be identified for each non-hosted accommodation; however, the authorized agent may be the owner, or a person other than the owner.
c. 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 subsection (E)(4)(b) of this section. For hosted accommodations, identify the location of each room to be rented as a vacation rental.
d. Document that all designated bedrooms meet all local building and safety code requirements.
e. Identify the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants.
f. Acknowledge that the owner (and authorized agent for non-hosted accommodations) have read all regulations pertaining to the operation of a vacation rental, including this section, the city’s business license requirements (Chapter 5.04 of this code), the city’s transient occupancy tax requirements (Chapter 3.20 of this code), and any additional administrative regulations promulgated by the Director to implement this section. g. Provide a copy of the form rental agreement, rental rules and regulations and any associated materials as required by subsection (E)(4) of this section. h. Provide any other information as the Director deems reasonably necessary to administer this section, as identified in the notice inviting applications. i. Acknowledge and agree that claims, requests, objections and arguments not timely raised in the vacation rental permit application are and shall be deemed waived. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 5/13 j. Agree that any and all use of the property for vacation rental/transient occupancy purposes shall cease upon the expiration or revocation of the vacation rental permit pursuant to subsection (E)(1) of this section.
k. Agree to hold harmless, indemnify and defend the city against claims and litigation arising from the issuance of the vacation rental permit.
l. Certify the accuracy of the information submitted and agree to comply with all conditions of the permit.

D. The Director shall evaluate permit applications, and process the applications for approval, conditional approval, or denial of vacation rental permits, pursuant to this subsection D:

1. The number of vacation rental permits issued pursuant to this section shall not exceed 41 nonhosted accommodations and 60 hosted accommodations.

2. For all applications that were received by the Director prior to the date and time on which applications were required to be received (pursuant to subsection (C)(2) of this section), the Director shall randomly select each application, and sequentially number each application in the order selected (the first selected application will be assigned the lowest application number, and the last selected application will be assigned the highest application number). A separate application list and application evaluation and issuance process will be established for: (a) hosted accommodations, and (b) non-hosted accommodations.

3. Beginning with the application with the lowest application number, and proceeding sequentially with each application thereafter (subject to the numerical limitation on the number of permits that may be issued, as set forth in paragraph 1 of this subsection), the Director shall select and evaluate each application to determine if the requirements of this section have been satisfied. The Director shall provide a written notice to the applicant identified on each selected application, and shall identify the date and time on which the following supplemental submittal must be received by the Director, not less than 30 days after the date of the notice. Each applicant shall provide the following supplemental submittal in a form acceptable to the Director:
a. Payment of the application and processing fee established by City Council resolution based on the city’s estimated reasonable costs to process and review the application materials.
b. A public notice mailing label submittal (to notify neighboring property owners, pursuant to Section 17.68.070(A)(3)).
c. If the property that is the subject of the application is within 500 feet of a bed and breakfast inn (permitted in accordance with Section 17.52.060) or a vacation rental (approved or conditionally approved by the Director pursuant to this section), the applicant shall submit supplemental information that establishes that the applicant will adequately mitigate potential adverse impacts of a concentration of transient occupancies on the character and livability of adjacent residential properties.
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https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 6/13 d. Provide any other information as the Director deems reasonably necessary to establish that the applicant will comply with all requirements of this section, as identified in the notice.

4. If the Director determines that an applicant has failed to satisfy the application requirements of subsection C or D of this section, the Director is authorized to provide written notice to the applicant of the determination of denial.

5. If the Director determines supplemental evidence at a public hearing is warranted in order to determine whether an applicant adequately mitigated potential adverse impacts to the public health, safety, or welfare (e.g., due to concerns raised by neighbors, or to evaluate the impacts of a concentration of uses, under paragraph (3)(c) of this subsection D), the Director shall notice a public hearing of the Planning Commission pursuant to Sections 17.68.070 through 17.68.100 of this code. The Planning Commission is authorized to deny, approve, or conditionally approve the permit in accordance with the criteria set forth in this section, particularly incorporating the requirements of paragraphs 6 through 8 of this subsection D.

6. If the Director determines that an applicant has satisfied the application requirements of subsections C and D of this section, and that the owner has borne the burden of proving that the owner will adequately mitigate potential adverse impacts on the public health, safety, and welfare, the Director shall provide written notice to the applicant that the vacation rental permit is conditionally approved, subject to compliance with the conditions identified by the Director in the notice. The notice shall identify the date and time on which the following supplemental submittal must be received by the Director, not less than 10 calendar days after the date of the notice. a. The applicant shall pay the annual inspection fee established by City Council resolution based on the city’s estimated reasonable costs to perform the annual inspections identified in this section.
b. The applicant shall comply, and provide documentation that the owner (and authorized agent for non-hosted accommodations) agree to comply, with all requirements of this section and the permit, particularly including the rules set forth in subsection (E)(4) of this section.

7. Upon the Director’s receipt of the documentation of agreement from the applicant (pursuant to paragraph (6)(b) of this subsection D), the Director shall provide written notice to all property owners within 500 feet of the conditional approval of the vacation rental, to include:
a. A concise summary of the terms of the permit, including: (i) the maximum number of occupants permitted to stay in the vacation rental unit; (ii) the maximum number of vehicles which are allowed to be parked on the property; (iii) any special conditions or restrictions applied to the vacation rental permit; and (iv) how to obtain a complete copy of the permit and this section.
b. The name of the owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) of the vacation rental, and the telephone numbers at which the owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) may be reached at all times, 24 hours per day. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 7/13 c. The City of Napa Code Enforcement telephone number which members of the public may report violations of the vacation rental permit (including this section and any conditions of approval).
d. The right of an interested person to file an appeal within 10 calendar days of the permit approval (pursuant to Chapter 17.70 of this code), or to identify concerns related to a permit extension pursuant to subsections H and I of this section.

8. Each vacation rental permit issued pursuant to this section shall be effective on the date determined pursuant to the provisions of Section 17.68.110 of this code. Each vacation rental permit issued pursuant to this section shall be subject to the appeal procedures set forth in Chapter 17.70 of this code.

E. Each vacation rental permit issued pursuant to this section shall be subject to all of the following requirements:

1. Each vacation rental permit issued under the authority of this section shall be valid for one year after the effective date, unless approved by the Director for a longer period under the terms of subsections H and I of this section. Upon expiration or lapse 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.

2. The owner shall comply with all requirements of the Business License Ordinance (Chapter

5.04 of this code) and the Transient Occupancy Tax Ordinance (Chapter 3.20 of this code) for the vacation rental use.

3. The owner shall comply with each of the requirements of this paragraph 3. The owner shall permit the enforcement officer to conduct an annual inspection of the vacation rental premises to confirm compliance with this section, and particularly including this paragraph 3. a. The property address shall be visible form the street and in contrasting colors for quick identification by emergency responders.
b. Smoke detectors shall be installed per the California Building Code. c. No double keyed dead bolts may be installed on exit doors. d. A portable fire extinguisher shall be provided.
e. Exit doors may not be obstructed and/or prohibited from fully opening. f. Clearance from ignition sources such as luminaries, heaters and flame-producing devices shall be maintained in an approved manner.
g. Hot ashes or coals shall be disposed in a metal container with a tight-fitting lid and kept a minimum of 10 feet from the building.
h. BBQs and open fires must be in an approved appliance or enclosure. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 8/13 i. No electrical wiring may be exposed or open in any outlet, switch or junction boxes. j. The electrical breaker box shall be labeled for distribution to appliances and may not contain any open slots.
k. The garage firewall shall not have any penetrations in sheet rock. l. An informational packet of emergency numbers shall be prepared for renters to direct them in the event of an emergency.

4. Each vacation rental permit will be subject to the house rules set forth in this paragraph 4. The permittee shall provide the Director with a copy of the house rules prior to rental of the vacation rental unit, and shall promptly notify the 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, the rental agreement, and the vacation rental permit shall be posted in a prominent location inside the vacation rental unit, including, at a minimum, the following:
a. As part of the application for rental, the prospective renter shall sign an agreement acknowledging the house rules and promising to comply with them. b. 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 persons per bedroom meeting building and fire code requirements, plus two additional persons per vacation rental unit. Each bedroom that is a part of the vacation rental use shall have an emergency escape or rescue exit and shall comply with all applicable provisions and requirements of Title 15 of this code. In no case may more than 10 persons be allowed to sleep at the vacation rental unit.
c. The permittee shall limit the number of vehicles of overnight renters to the maximum number of overnight renters designated in the permit, and shall require overnight renters to utilize designated on-site parking spaces to the maximum extent possible. d. The permittee shall provide access to the garage of the residence if that area has been included in the determination of the number of available onsite spaces per this code. e. It is the intent of the city to enforce sections of the Streets and Highways Code related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver’s presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency access area.
f. The permittee shall provide appropriate refuse and recycling service for the vacation rental business. Property shall be free of debris both onsite and in the street. Trash cans shall be maintained in a clean and sanitary manner in conformance with Chapter 5.60 of this code.

Trash cans shall not be placed on the street prior to 24 hours before pick up day and shall be promptly removed from the street following service.
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https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 9/13 g. Quiet times shall be 9:00 p.m. to 7:00 a.m. Sunday through Thursday evenings and 10:00 p.m. to 7:00 a.m. Friday and Saturday evenings.
h. The permittee shall ensure that the renters and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct; provided, however, that the city does not intend to authorize, and the city does not authorize, the permittee to act as a peace officer or place himself or herself in harm’s way. i. The permittee shall, upon notification that renters and/or guests of his or her vacation rental have violated any house rules (including any unreasonable noise or disturbances, disorderly conduct, or violations of this code or state law) promptly act to stop the violation and prevent a recurrence of the violation.
j. Pools and hot tubs shall be adequately screened from adjacent properties to minimize noise impacts and shall have the hours of operation clearly posted adjacent to the facility.

Hours shall comply with paragraph (4)(g) of this subsection E. k. Exterior lighting shall also be adequately shielded from adjacent properties to minimize light pollution impacts in accordance with Section 17.08.040(I) of this code. l. It is prohibited to use the vacation rental unit for any wedding, auction, commercial function, or other similar event that is inconsistent with the use of the property for transient occupancy in a residential neighborhood.
m. Pets may be permitted by vacation rental business owner, however the pet must be attended to at all times and must have current vaccinations.

5. Each written advertisement (whether paper or electronic form) for a vacation rental use shall include the “City of Napa Certified Vacation Rental” permit number as part of the rental offering. 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: (a) the use is a hotel use in a nonresidential zoning district approved by the city pursuant to Title 17; or (b) the use has a use permit for a bed and breakfast inn pursuant to Section 17.52.060 of this chapter; or (c) the city has approved a vacation rental permit pursuant to this section.

6. For each vacation rental use:
a. The owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) must be available by telephone at all times when the vacation rental is rented, 24 hours per day.
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https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_code-title_17-chapter_17_52-17_52_515 10/13 b. The owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) must be on the premises of the vacation rental unit within one hour of being notified (by a renter, or by the Director or Enforcement Officer) that there is a need for the owner (for a hosted accommodation) or the authorized agent (for a non-hosted accommodation) to address an issue of permit compliance or the health, safety, or welfare of the public or the renter.
c. Only one rental agreement per vacation rental unit shall be in effect at any one time. d. It is a violation of this section for any accessory dwelling unit (as defined by Section

17.52.015 of this code) to be used for transient occupancy purposes.

7. For each hosted accommodation:
a. The owner must reside at the vacation rental unit, and the owner must sleep at the vacation rental unit while it is being rented.
b. The owner must reside and sleep in a bedroom that is not rented to any renter. c. No more than two bedrooms may be rented for transient occupancy uses.

F. Each vacation rental permit issued in accordance with this section shall be personal to the owner to whom the permit is issued (hereinafter “permitted owner”), and no person shall transfer, or attempt to transfer, the permit to any other person, unless the transfer is made in accordance with this subsection F.

Any attempt to transfer a vacation rental permit, or use a transferred vacation rental permit, that is not transferred in accordance with this subsection shall be void, and shall constitute a violation of this code.

1. A hosted accommodation vacation rental permit shall not be transferred by any person.

2. A non-hosted accommodation vacation rental permit may be transferred by the permitted owner to a purchaser of the real property on which the permitted vacation rental unit is located, subject to the conditions set forth in this paragraph 2. No purchaser shall operate a vacation rental use under the permitted owner’s vacation rental permit until after the Director has approved the transfer of the permit in accordance with this subsection. a. Prior to the expiration of the permit, the permitted owner shall submit to the Director a written notice of intent to transfer the permit to the purchaser. b. Prior to the expiration of the permit, the purchaser shall submit to the Director all submittals and fee payments required pursuant to subsections (C)(3) and (D)(3) of this section. c. The Director shall evaluate and process the purchaser’s application for approval, conditional approval, or denial, in accordance with the criteria set forth in subsections (D)(4) through (8) of this section.

G. On or before January 1, 2017, and at least once per calendar year thereafter, the Director shall establish and update, in writing, a waiting list of applicants for a vacation rental permit, and a list of available permits (one set for hosted accommodations, and one set for non-hosted accommodations). 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
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1. Applicants included on the waiting list will include each application selected pursuant to subsection (D)(2) of this section for which: (a) a permit was not issued; and (b) the application was not denied pursuant to subsection (D)(4) of this section. The order of applicants on the initial waiting list shall be as set forth in subsection (D)(2).

2. The list of available permits shall identify the number of permits that are unissued or no longer in effect (based on expiration, termination, or lapse).

3. To the extent there are one or more permits identified on the list of available permits, the Director is authorized to evaluate permit applications, and process the applications for approval, conditional approval, or denial, in accordance with subsection D of this section.

4. If the Director determines that additional applications are warranted (based on a comparison of the number of applicants on the waiting list to the list of available permits), the Director shall issue a written notice inviting applications for vacation rental permits, which shall be published and processed in accordance with subsections C and D of this section. Any applicants selected by the Director in accordance with this paragraph 4 and subsection (D)(2) of this section shall be added to the waiting list beginning with a number higher than the highest number on the waiting list.

H. Each vacation rental permit issued pursuant to this section shall be subject to an annual permit review. No later than one year after the effective date of the permit, and no earlier than 275 days after the effective date of the permit, the owner shall submit to the Director the annual inspection fee along with all of the information set forth in this subsection H, documented in a form acceptable to the Director.

For the purpose of this subsection, “effective date” is as defined by subsections (D)(8) and I of this section; and the first “effective date” of each 2009 permit shall be April 1, 2016, unless otherwise specifically documented on the 2009 permit.

1. The owner shall pay the annual inspection fee established by City Council resolution based on the city’s estimated reasonable costs to perform the annual inspections identified in this section.

The owner shall document compliance with the requirements of subsection (E)(3) of this section.

2. The owner shall document compliance with all requirements of the Business License Ordinance (Chapter 5.04 of this code).

3. The owner shall document compliance with all requirements of the Transient Occupancy Tax Ordinance (Chapter 3.20, particularly Section 3.20.060, of this code). The owner shall also document each date on which the vacation rental was rented during the previous term of the permit.

If the owner fails to document rentals of at least 10 days during the permit term, the Director may determine that the permit is inactive and ineligible for approval of an extended term.

4. The owner shall identify any notice of violation or concern (including any compliance order or citation issued by the city, or any concern or complaint identified by a neighbor) issued for the vacation rental use during the permit term, and shall document how the violation or concern has been addressed. If the Director determines that any past violation or concern has not been adequately addressed, or that a history of past violations is detrimental to the public health, safety, or welfare, the Director may determine that the permit is ineligible for approval of an extended term. 8/31/23, 4:01 PM 17.52.515 Vacation rental permits.
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5. The owner shall document that written notice was provided to property owners within 500 feet of the vacation rental unit, with the information required by subsection (D)(7) of this section.

I. Following an annual permit review (pursuant to subsection H of this section):

1. If the Director determines that the permittee is in compliance with all requirements of this section and the permit, the Director shall provide written notice to the permittee that the permit term is extended for one year, and the notice shall identify the newly established “effective date” of the permit.

2. If the Director determines that the permittee has failed to comply with this section or the permit, the Director shall either: (a) notice a public hearing of the Planning Commission pursuant to the criteria of subsection (D)(5) of this section; or (b) provide written notice to the permittee that the term of the permit is expired.

3. Upon expiration 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.

J. At any time during the term of a vacation rental permit, the Director is authorized to initiate proceedings to revoke or modify the permit (or pursue any other remedy set forth in Title 1 of this code), if the Director determines in his or her discretion that: (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 section; or (3) the permittee is in violation of, or has failed to comply with, any requirements of this section or the permit. In the event that the Director determines that any of the conditions described above exists, the Director is authorized to issue a compliance order in accordance with the procedures set forth in Section 1.24.040 of this code. If the permittee fails to cure the violations identified in the order within the time frame specified in the compliance order (which cure may include the Director’s approval of a modification to the terms or conditions of the permit), the Director or the enforcement officer may either:

1. Pursue any of the remedies set forth in Chapter 17.72 of this code; including, but not limited to, issuance of a stop order under Section 17.72.060, or notice a public hearing of the Planning Commission to consider a revocation or modification of the permit under Section 17.72.070.

2. Pursue any of the remedies set forth in Chapter 1.16 of this code, including, but not limited to, issuance of an administrative citation in accordance with Chapter 1.24 and subsection K of this section.

K. It is a violation of this code, subject to enforcement pursuant to Chapter 1.16 of this code, for any person to establish or operate a transient occupancy use in any residential or nonresidential zoning district unless: (1) the use is in compliance with a hotel use in a nonresidential zoning district approved by the city pursuant to Title 17; or (2) the use is in compliance with a vacation rental permit pursuant to this section; or (3) the use is in compliance with a use permit for a bed and breakfast inn pursuant to Section 17.52.060 of this code. In addition to the fines and enforcement costs set forth in Section

1.16.050 of this code, and notwithstanding the limitations of Section 1.24.060 of this code, the amount of the fine imposed for each violation of this section shall be:
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1. $500.00 for a first violation;

2. $750.00 for a second violation of the same code section within 12 months; and

3. $1,000.00 for each day of each additional violation of the same code section within 12 months.

L. Any determination made by the city pursuant to this section shall be final unless appealed pursuant to the requirements of this subsection L.

1. Any determination by the Director or the Planning Commission to: approve, conditionally approve, or deny a permit application (pursuant to subsection D of this section), to transfer a permit to a purchaser (pursuant to subsection F of this section), to extend the term of a permit or to determine that a permit has expired following an annual review (pursuant to subsections H and I of this section), or to modify or revoke a permit (pursuant to subsection J of this section) may be appealed only in accordance with the requirements of Chapter 17.70 of this code.

2. Any enforcement action taken by the Director or the Enforcement Officer pursuant to subsections (J)(2) or K of this section may be appealed only by requesting an administrative hearing in accordance with the requirements of Sections 1.24.070 through 1.24.090 of this code.

3. Failure to timely appeal in the manner required by this subsection L shall constitute a waiver of the appeal and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the city pursuant to this section. (O2015- 13, 11/3/15; O2017-007, 3/7/17)
Contact:

City Clerk: 707-257-9503
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Sonoma Municipal Code

19.50.110 Vacation rentals.

This section sets forth requirements for the establishment and operation of vacation rental facilities.

A. Permit and Operational Requirements. The approval and operation of a vacation rental shall be subject to the following requirements and restrictions:

1. Maximum Number of Units. A vacation rental shall consist of no more than two complete residential units.

2. Maximum Length of Stay. Visitor occupancy per unit shall be limited to a maximum of 29 consecutive days.

3. Occupancy Limits: Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be limited to up to a maximum of two persons per sleeping room or guest room, plus two additional persons per unit.

4. Noise Limits. Vacation rentals shall be operated in conformance with the noise ordinance (Chapter 9.56 SMC). Outdoor amplified sound shall be prohibited.

5. Property Manager. All vacation rentals shall have a property manager who is available 24 hours per day, seven days per week during all times that the property is rented or used on a transient basis. The name and contact information of the property manager shall be provided to the city planning department and shall be provided to any interested person upon request.

6. Requirements – Internet Advertisements and Listings. To inform prospective guests of the rules and to simplify enforcement of illegal vacation rentals, online advertisements and/or listings for the vacation rental property shall include reference to the maximum occupancy limits and shall list the business license or transient occupancy tax certificate number of the establishment.

7. Business License Required. A business license is required for the establishment and operation of a vacation rental.

8. Transient Occupancy Tax. A transient occupancy tax registration form shall be completed, and the owner or manager shall pay transient occupancy tax and all other required fees.

9. Fire and Life Safety. Fire and life safety requirements as required by the fire department and the building department shall be implemented and appropriately maintained.

10. Annual Inspection. Each vacation rental shall comply with the annual fire and life safety certification procedures of the fire department.

CERTIFICATION
I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, hereby certify that Ordinance No. 1766 was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 1st day of December 2021 by the following vote, to wit:

Ayes:

Noes:

Holmes, Miller, Ramos Amith, Mayor Pro Tern Ortiz and Mayor Ferman None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 1st day of December 2021. 1 SABCITSANCHEZ, CMC
City Clerk Administrator
City of Indio