CITY COUNCIL SPECIAL MEETING NOTICE & AGENDA
SEPTEMBER 7, 2023
Open Session: 5:00 p.m., Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315
COUNCILMEMBERS
MAYOR RANDALL PUTZ
MAYOR PRO TEM PERRI MELNICK
COUNCILMEMBER RICK HERRICK
COUNCILMEMBER BYNETTE MOTE
COUNCILMEMBER KENDI SEGOVIA
CITY STAFF
CITY MANAGER ERIK SUND
ASSISTANT CITY MANAGER ERICA STEPHENSON
CITY ATTORNEY STEPHEN DEITSCH
CITY CLERK REBECCA CANNON
To:
Mayor Randall Putz
Mayor Pro Tem Perri Melnick
Councilmember Rick Herrick
Councilmember Bynette Mote
Councilmember Kendi Segovia
City Manager
City Attorney
Division Managers
Local Media
NOTICE
NOTICE IS HEREBY GIVEN, that the City Council will conduct a Special Meeting on Thursday, September 7, 2023, at 5:00 p.m., at 39707 Big Bear Blvd, Big Bear Lake, CA 92315; said meeting is being called pursuant to Section 54956 of the Government Code of the State of California for the purpose of considering the following matter:
AGENDA
OPEN SESSION
CALL TO ORDER
ROLL CALL
CITY COUNCIL AGENDA
SEPTEMBER 7, 2023 - Page 2
PLEDGE OF ALLEGIANCE
PUBLIC COMMUNICATIONS - Public comment is permitted only on items included on the posted agenda. There is a three-minute maximum time limit when addressing Council during this time period. The time limit is subject to adjustment at the discretion of the Presiding Officer.
Speakers are limited to their individual maximum time limit and other members of the public cannot cede their speaking time to another person.
1. DISCUSSION/ACTION ITEMS
1.1 VACATION RENTAL ORDINANCE
City Council will engage in a discussion regarding the Vacation Rental Ordinance and provide direction to staff on any desired changes.
ADJOURNMENT
DECLARATION OF POSTING
I, Rebecca F. Cannon, City Clerk of the City of Big Bear Lake, do hereby declare that the foregoing Agenda for the Big Bear Lake City Council Meeting was posted in accordance with the applicable legal requirements.
DATED: September 1, 2023
Rebecca F. Cannon, City Clerk
The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
MEETING
DATE: September 7, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Erik Sund, City Manager
SUBJECT: Vacation Rental Ordinance Workshop
BACKGROUND
Pursuant to City Council direction, the City was tasked with conducting an annual review of the City’s vacation rental ordinance with public engagement of community members to seek their input on recommendations to the current vacation rental regulations.
DISCUSSION
At the City Council meeting on July 12, 2023, City Council approved a resolution authorizing a professional services agreement with Tripepi Smith for Vacation Rental Outreach Services.
Tripepi Smith did significant outreach and conducted community workshops:
• July 31, 2023 – Virtual, via Zoom
• August 5, 2023 – Hofert Hall, City Hall
• August 8, 2023 – Hofert Hall, City Hall
The City developed a website to provide information on this review process:
www.citybigbearlake.com/vroreview
Tripepi Smith has drafted a report that summarizes their outreach efforts and policy response ideas, please reference attachment 1.
Additionally the City created an email address for public input as well. Please reference attachment 2 for all email submittals.
The purpose of the workshop is to take in public input, deliberate on potential changes to the vacation rental ordinance, and provide direction to staff on any potential changes that would be considered at a future City Council meeting.
FISCAL IMPACT
There is no fiscal impact associated with this item at this time.
ENVIRONMENTAL CONSIDERATION
Under section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.
CONSIDERATION OF COUNCIL STRATEGIC PRIORITIES
1. Enhance community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners
2. Preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base
RECOMMENDED ACTION
It is recommended that the City Council engage in a discussion regarding the Vacation Rental Ordinance and provide direction to City staff on any desired changes.
Attachments:
1. City of Big Bear Lake Outreach Summary Report (Tripepi Smith)
2. VRO email submittals
3. City of Big Bear Lake Vacation Rental Ordinance
4. City of Big Bear Lake Vacation Rental Policies
5. Sample vacation rental ordinances
City of Big Bear Lake Outreach
Summary Report
The City of Big Bear Lake Vacation Rental
Ordinance Outreach Summary Report
September 7, 2023
Attachment 1
City of Big Bear Lake Outreach Summary Report
2 Table of Contents
The City of Big Bear Lake Vacation Rental Ordinance Outreach Summary Report............. 1 Introduction................................................................................................................................. 3 Building an Outreach Team .................................................................................................... 7 Channels of Outreach ............................................................................................................. 8 Dedicated Webpage.................................................................................................................... 9 Collateral Materials................................................................................................................... 10 Social Media ......................................................................................................................... 10 Press Releases..................................................................................................................... 11 Community Workshops......................................................................................................... 12 Paid Advertising.......................................................................................................................... 13 Meta Digital Ads.................................................................................................................... 13 Public Comments...................................................................................................................... 14 Appendix A - Workshop Feedback on Poster Boards..................................................... 14 Workshop 1..................................................................................................................... 14 Workshop 2..................................................................................................................... 17 Appendix B - Email Submission........................................................................................ 20 City of Big Bear Lake Outreach Summary Report
3 Introduction
The City of Big Bear Lake launched an effort to review its existing Vacation Rental Ordinances and started with a process focused on stakeholder engagement. The City started with an extensive outreach campaign designed to offer engagement opportunities to the entire Big Bear Lake community. This Outreach Summary Report is intended to provide a high-level overview of the outreach process and summary findings of the stakeholder feedback. Notably, stakeholders were encouraged throughout the process to also submit their ideas and feedback directly to the City Council or via inclusion of their written comments in this report as exhibits. As such, while Tripepi Smith is providing a summary, the verbatim feedback is also available to the City Council City Staff and public at large to ensure transparency and a deep understanding of viewpoints.
Feedback Summary
Based upon what Tripepi Smith has read in emails, heard in the form of questions and observed as reported out in our in-person workshops, we are providing the following general summary of policy concerns and ideas shared by various stakeholders. Tripepi Smith is not providing a qualitative or quantitative evaluation on the merits of these concepts, or the depth and breadth of the concerns expressed by the stakeholders we heard from. Deliberation on the ideas and policy decisions are best left to the City Council with the benefit of City Staff insights.
Stakeholder Groups
There were generally three stakeholder groups we heard from in this process: vacation rental owners, Big Bear Lake residents who were not in the vacation rental industry and other service providers who work in the industry or support the industry. In some cases, these groups may have overlapped for some individuals who might be both a full time resident and own a vacation rental property in the City, for example.
Policy Response Ideas
The following are some of the Vacation Rental Ordinance feedback we heard in the process of gathering public feedback. These are primarily just pulling unique issues or ideas from all the emails and all the large notepads that were filled out during the in-person workshops. The volume of any one suggestion was not considered in the ordering of these response ideas.
Further, inclusion on this list is not an endorsement of the idea, just an attempt at a relatively comprehensive list of ideas shared by stakeholders. Finally, to the extent our review of all the email traffic and large in-person notepads from meetings missed a particular suggestion or idea, or we misunderstood the suggestion, I welcome additional follow up communications from the City of Big Bear Lake Outreach Summary Report
4 public or recognize they may choose to highlight the suggestion in their comments of the City Council Workshop.
.
1. The fines are too high and need to be adjusted.
2. The fines have worked to quell the issues and should not be changed.
3. There is a desire for more clarity and information about the true number of active rentals in the Big Bear Lake area and a perception among some that the current count of 2,765 overstates the number of active listings by a substantial amount.
4. A desire to consider how to effectively put a portion of the Transient Occupancy Tax revenues generated by the industry to work in a manner that enhances the visitor experience in Big Bear Lake to bolster the reputation of Big Bear Lake as a vacation destination.
5. Identify a specific pool of TOT revenues that can be dedicated to specific community improvements that full time residents can clearly correlate to the benefit of vacation rentals on the local community.
6. Extend the response time to resident complaints to show up at a vacation rental property to an hour or longer, especially during the snow season, to ensure traffic safety is not compromised in an effort to show up quickly.
7. Allow the use of technology to check-in guests virtually using camera devices on home entrances and minimizing the need for in-person check-ins.
8. Offer training on the inspection process and how that will work to better prepare owners and management companies.
9. Provide a clearly defined checklist for the inspection process and have all inspection items noted on that checklist.
10. Require that owners be contacted before fines are imposed on properties that are managed by vacation rental companies.
11. Provide a method to notify neighbors of properties that are becoming licensed vacation rental properties. It was noted that the County of San Bernardino requires this.
12. Identify a method to denote residents who frequently complain about vacation rentals but where there is never an actual matter of violation.
13. Remove limits on ownership of only 2 vacation rentals.
14. Consider R-3 zoning to allow for vacation rentals or to treat vacation rentals in R-3 zones differently than R-1.
15. Provide more proactive education for visitors to the areas to learn about the rules and how to be a polite guest in Big Bear Lake.
16. Consider changing the citation review and appeal process to be conducted by a board of residents of the community or various stakeholders such as residents, vacation rental owners and management companies.
17. Introduce a warning process before going to the fine stage of a violation.
18. Consider making fines that progressively rise from a smaller amount than is currently set to address repeat offenders.
19. Require inspections to be less invasive and more scheduled so as to avoid impact on renters and property owners.
20. Allow day guests at a house that exceed the current limit on total guests in a house.
City of Big Bear Lake Outreach Summary Report
5 21. Allow temporary street parking for day guests.
22. Eliminate restrictions on spa usage and simply require that noise be minimized after 10 PM.
23. Place the citation summary spreadsheet on the website each month.
24. Use a mediator to address issues between the City and problematic vacation rental owners.
25. Implement noise monitors in neighborhoods.
26. Tweak the Vacation Rental Ordinance, do not overhaul it entirely.
27. Create an overflow parking lot somewhere in town where guests can park excess cars.
28. Shift to a two-year cycle for the review of the Vacation Rental Ordinance rather than annually.
29. Create zones in town where vacation rentals are the dominant element of the neighborhood and consider alternative rules for those areas.
30. Enhance overall data collection for the City and provide stronger data portal experience for better transparency and access to information by all stakeholders.
31. Identify property management companies that have rule violations to provide great information on which vacation rental management companies have stronger processes to mitigate fines.
32. Have the Good Neighbor Policy document signed in advance of showing up to Big Bear Lake.
33. Remove the rental signs.
34. Apply the same rules to all residents, not just vacationing visitors to Big Bear Lake.
35. Increase education about the enforcement and general rules of the Vacation Rental Ordinance.
36. Provide direct contact information for vacation rental property owners to adjoining neighbors to encourage more direct neighbor-to-neighbor communications and try to prevent the City from having to intervene in issues.
37. Reconsider the current parking restrictions and occupancy county to encourage people to carpool up versus not correlating car count to occupancy count.
38. Decrease negative impact to the community from vacation rentals.
39. Increase positive impacts of vacation rentals.
40. Push toward harmony between residents, 2nd homeowners, businesses and guests.
41. Consider reforming how units are rented by requiring age limits or disallowing instantbooks or adding additional contract elements to rental agreements beyond the Good Neighbor Policy.
42. Allow owners to be the first point of contact.
43. Consider requiring cameras or noise monitoring devices on vacation rental properties.
44. Make occupancy based on square footage.
45. Aggressively identify problem homes and address those specific cases with vigor.
46. Consider a two-night minimum on stays in town.
47. Create more flexibility and warning on license renewal.
48. Connect vacation rental property industry to City policies to address affordable housing.
49. Perform data analysis on properties groups managed by type: Owner, Boutique, Local Company, Corporate.
City of Big Bear Lake Outreach Summary Report
6 50. Ensure the Vacation Rental Ordinance does not block or prevent commercial filming activity in Big Bear Lake. Let film permits create an exception to the Vacation Rental Ordinance.
51. Consider policies to reduce light pollution and maintain our dark skies.
52. Continue requiring in-person check in.
53. City should produce lots of information videos that vacation rental businesses and owners can use to educate or require renters to review. Videos can address both the Good Neighbor Policy and other general information like how to use the Lake, or where to park in town.
54. Collect more guest data for industry analysis and consideration to improve overall industry and community experience.
55. Change the complaint process to first require the owner/management company to intervene before the City has to get involved.
56. Treat noise complaints at vacation rental properties the same as you would treat them for full time resident homes.
57. Use funds from TBID or TOT to encourage or support more development of long-term rental units in Big Bear Lake.
58. Practice more civility between permanent residents and vacation rental owners.
Encourage human-to-human interactions.
59. The ordinance and the escalation to fines should consider intent when determining fines and penalties and weigh that in fines that are levied.
60. Have TOT remittance paid quarterly, not monthly.
61. Allow more time to correct a violation prior to issuance of fines.
62. Clarify that vacation renter restriction on street parking does not also mean they are not allowed to park cars in public parking lots.
63. Create general noise restrictions of after 10 PM on weekdays, 11 PM on weekends and quiet until 7 AM each morning. Then eliminate other outdoor restrictions.
64. Consider more than an email to provide notification on fines being levied against a property owner.
65. The language, tone and some of the rules in the Good Neighbor Policy should be revisited to be more customer friendly.
66. Review if TOT and BBLTBID can all be paid in one payment to the City.
67. Consider moving to virtual check-ins as a pilot program to see if and how the operation change impacts incident or neighborhood harmony.
68. Remove limitation on fines accruing to the property manager instead of the owner.
69. No caps on vacation rental licenses should be implemented.
70. Do not eliminate the option to check-in guests at the rental properly.
71. Consider a 36-hour restriction between booking to allow for proper cleaning and preparation on the next rental.
72. Work on great operational consistency between code enforcement and inspection activities.
73. Limit the total vacation rental count to 2,000 and arrive down to this number through attrition of licenses to expire.
City of Big Bear Lake Outreach Summary Report
7 74. Employees and contractors working at vacation rental homes should be subject to the same rules as the guests.
75. Outdoor party areas like fire rings should be limited to the same use hours as the jacuzzi use.
76. Increase restriction on outdoor lighting.
77. Sufficient space should be denoted to allow for snow removal to keep the snow on the vacation rental property and not piled onto the private property of an adjoining property.
78. Review impacts of trash services and trash receptacle needs of vacation properties relative to traditional properties and if special accommodation is needed.
79. Review the schedule around fee payment and inspection timings to ensure a full twelve months of licensing is available each time the license is renewed.
80. Review clarity in the language on the fine shifting rules between owners and renters in the Good Neighbor Policy.
81. Consider more flexibility on maximum occupancy during the day for workers and visitors versus nighttime sleep occupancy.
82. Apply RV, boat and toy storage to permanent and vacation rental properties.
83. Consider expanding the ordinance to encapsulate realtors, rental services and cleaning crews to address service requirements and a complaint management system.
84. Consider requiring a pre-interview discussion on Big Bear Lake rules prior to allowing someone to book a vacation rental.
85. Revisit the requirement for a representative if the owner lives more than 15 miles away and scale it to the frequency of rental or trigger on a certain rental count per year.
86. Consider requiring larger ownership pools to reserve 30% of their housing units for long term rentals to supply local housing.
87. Provide a pathway for someone who has a revoked license to come back into license status under certain management conditions.
Outreach and Engagement Summary
Tripepi Smith is providing the following detailed information on the outreach process to ensure transparency and City Council context for the outreach work that was done and the extent of the outreach that took place.
Building an Outreach Team
The City of Big Bear Lake engaged Tripepi Smith to support the City as a neutral third-party to assist with public engagement and lead community workshop discussions.
Tripepi Smith focused on educating community stakeholders and establishing a fact base from which the community could engage in constructive conversation. Tripepi Smith’s goal throughout the outreach campaign was not to stifle natural responses, but to distill ideas and provide the City Council with ample access to information and stakeholder ideas to consider when reviewing the Vacation Rental Ordinance.
City of Big Bear Lake Outreach Summary Report
8 Also, note that Tripepi Smith was not contracted by the City to provide its opinion on policy ideas or to provide policy guidance to the City about fee structures, penalties or other items. Our scope was focused on only generating community awareness and engagement on this policy matter and to facilitate that engagement work to make the results available to the City Council.
These outreach efforts were ably assisted by the City’s communications team and City Manager’s office. City Staff were strategic partners in this process and worked diligently to field our numerous questions and to directly address public questions during the two in-person workshops and during the virtual question and answer discussion.
Channels of Outreach
The City of Big Bear Lake leveraged multiple outreach platforms to connect with the public.
These included:
● A dedicated webpage on the City’s website for the project:
CityBigBearLake.com/VROReview
● The City’s social media channels, including Facebook, Instagram and Twitter ● Boosted posts on the City’s Facebook page to target all Page Followers and anyone on Facebook in the Big Bear Lake area.
● The City’s e-newsletter platform
● A dedicated email to the Vacation Rental licensee database Key Highlights of outreach efforts to date include:
● Rollout of the dedicated webpage, CityBigBearLake.com/VROReview, where resources are available for the public to learn about short-term rentals and the VRO review and access all the materials and meeting information.
● Six social media posts spread across Facebook, Instagram and Twitter ● One news release distributed to the City’s media contacts and published on the City’s main website
● One announcement article published on the City’s main website ● Three community workshops: one virtual informational workshop and two in-person community workshops
● Paid advertisement through Meta platforms
City of Big Bear Lake Outreach Summary Report
9 Dedicated Webpage
In the spirit of transparency and to create a single spot for information about this effort, a dedicated webpage was established. The web page went live on July 21, 2023. The webpage served as a one-stop location for the public, enabling the community to revisit the workshops, access raw data, read an in-depth overview of the history of Vacation Rental Ordinances, review frequently asked questions, and offer their feedback.
Webpage Metrics
Between July 21 and August 29, the designated webpage received a total of 1,291 views1.
During this period, the webpage gained traction from a diverse range of user acquisition sources.
1 Google Analytics page views count every time a user loads a given page on the site.
City of Big Bear Lake Outreach Summary Report
10 A sum of 437 sessions occurred on the webpage during this duration of time. A session is the period of time a user is actively engaged with the web page.
Furthermore, the website has been optimized for mobile devices, ensuring convenient access for all users. Out of the total visitors, 197 accessed the webpage through desktop computers, 139 through mobile devices and 13 via tablets.
Collateral Materials
Social Media
The City of Big Bear Lake published 17 posts across Facebook, Instagram and Twitter.
Facebook posts were boosted to ensure a wide-reaching audience, maximizing the dissemination of information to as many individuals as possible.
City of Big Bear Lake Outreach Summary Report
11 Social Media Metrics
Cross-Network Facebook Instagram Twitter
Published Posts 17 6 6 5
Reach 22,782 8,646 10,945 3,191
Engagements 150 150 - -
Reactions 174 41 124 9
Comments 39 19 18 2
Shares 69 42 24 3
Saves 3 3 - -
Post Link Clicks 78 78 - -
Press Releases
To date, the City of Big Bear Lake distributed one press release to the City’s media list:
1. Released July 25, 2023 - City of Big Bear Lake to Host Vacation Rental Ordinance Community Workshops
City of Big Bear Lake Outreach Summary Report
12 Community Workshops
The City of Big Bear Lake held a series of three workshops, one virtual and two in-person, to educate and engage the community and stakeholders.
● July 31, 2023 – Virtual, via Zoom
● August 5, 2023 – Hofert Hall, City Hall
● August 8, 2023 – Hofert Hall, City Hall
To ensure most community members and stakeholders had the opportunity to participate, the City scheduled one virtual question and answer session and two in-person workshops. Each workshop was recorded for transparency and posted to CityBigBearLake.com/VROReview.
The first workshop was an informational session to educate the community and stakeholders about the history and purpose of the VRO and to answer numerous questions that were asked from the public.
The two in-person workshops focused on ensuring the same basic information was available to all attendees and then focused on asking the group to collaborate among each other to come up with ideas to amend the existing Vacation Rental Ordinance. The goal, and the results, was stakeholders collaborating with one another to share ideas and try to find solutions. Each gathered group of City of Big Bear Lake Outreach Summary Report
13 stakeholders at each table were charged with documenting their suggestions and ideas on a large notepad and sharing the information with the assembled group.
Photos of each of those notepads is included in an appendix below.
Note that the online session and the two in-person workshops were all recorded to ensure all stakeholders and the City Council would have access to the full original record of information.
Those recordings are posted on the VRO Review website.
Tripepi Smith facilitated each workshop with City Manager Erik Sund and Assistant City Manager Erica Stephenson as panelists and subject matter experts.
Paid Advertising
The City of Big Bear Lake expanded its outreach efforts to include paid advertising and increase the overall reach to the community and stakeholders. Advertising platforms included Meta.
Meta Digital Ads
The City ran boosted posts on Meta to further boost awareness of the VRO review process via social media. These boosted posts included graphics and copies encouraging community members and stakeholders to learn more about the review process and history of the ordinance.
Four posts were used as paid advertisements. Ad runs began July 25 and concluded August 25, with 7,393 impressions.
City of Big Bear Lake Outreach Summary Report
14 The ads each contained links routing users to CityBigBearLake.com/VROReview, garnering 78 clicks.
Public Comments
The City of Big Bear Lake received public input throughout each step of the process to date.
Community members and stakeholders have shared their feedback through multiple channels:
via the dedicated webpage,cityofbigbearlake.com/vroreview, and the dedicated email, [email protected].
Public comment received as of August 25, 2023, at 5 p.m., are in the following appendices.
Appendix A - Workshop Feedback on Poster Boards
Workshop 1
City of Big Bear Lake Outreach Summary Report
15 City of Big Bear Lake Outreach Summary Report
16 City of Big Bear Lake Outreach Summary Report
17 City of Big Bear Lake Outreach Summary Report
18 Workshop 2
City of Big Bear Lake Outreach Summary Report
19 Rebecca F. Cannon
From:
Sent:
To:
Subject:
Laura Breech
Thursday, August 24, 2023 1 :12 PM
Rick Herrick; Perri Melnick; Bynette Mote; Randall Putz; Kendi Segovia; Erica Stephenson; VRO Review; bblcm
STR/VRO Feed back
Good afternoon. First, thank you for your service to Big Bear Lake. We are fortunate to live in one of the most beautiful places in Southern California. Unfortunately, our severe short-term rental rules are discouraging folks from coming up and enjoying all the beauty and charm the city has to offer. Thank you in advance for considering the points I make on that topic.
I bought my condo in March of 2021 as a second home. I spend most of the spring, summer, and fall in Big Bear (I spend winter in San Diego). I volunteer with USARC and spend a lot of time working and playing In the village. I rent the condo for short stays on airbnb during ski season and have rented on a semi-long-term basis at other times of the year to traveling nurses and nursing students, fellow USARC volunteers, and local teachers.
Given its proximity to Snow Summit, my home is a very popular destination and always receives rave reviews -- other than for the check-in process. I've had many airbnb renters complain about having to go to a physical location to sign a piece of paper. Folks don't want that kind of hassle on vacation. They either want to go straight to the slopes or their destination/hotel.
Many guests have said that while they loved my condo and had fun in Big Bear, the rental rules are so strict that they don't plan to return to the area. Further, I've had guests cancel their inquiries once I explained the STR rules. Even if they have no intention of partying or being loud, guests feel the city is on hyper-alert for any little misstep. It's hard to relax under those conditions.
The bottom line is that bad actors are going to act badly no matter what they sign or say they agree to. There are bad apples everywhere. That said, as shown by the data, Big Bear is imposing draconian rules to correct a situation that occurs in less than 0.1 % of stays. The city is harming itself; overall STR occupancy is declining, which leads to less tourism money to employ locals and keep businesses alive. Tourists have been given the impression that Big Bear Lake hates them. Again, the city is punishing everyone for a problem that occurs less than 0.1 % of the time. That just doesn't compute.
The STRNRO rules need to be completely overhauled -- but I'll limit my comments today to two major concerns.
First, please consider making in-person check in optional. Some folks like having that safeguard in place, and there's no reason they shouldn't be allowed to continue it if it works for them. The rest of us can count on e-signing, photos of IDs, and security cameras. Again, someone who plans to sneak 20 people into a house permitted for 4 is going to do that no matter whether they come in to sign something or provide an e-signature over a rental platform.
Second, please consider a tiered fine/penalty structure. Someone who violates, say, a "lesser" rule versus a "more serious" rule, so to speak, shouldn't risk having their permit revoked after one violation. There should be warning and probation options. I've never had any complaints or calls at my property, but I still worry constantly about what seems to be a "gotcha" mentality in City Hall.
As I said, there are other problems with the STR/VRO rules but I'll stick to those two points for today. I think they would alleviate much of the concern faced by owners and guests without creating additional burdens for locals and residents.
Again, thank you in advance for considering my points. I look forward to participating in next month's council meeting on the issue.
Sincerely,
Laura Breech
1 URGENCY ORDINANCE NO. 2021-488
URGENCY ORDINANCE OF THE CITY OF BIG BEAR LAKE
APPROVING DEVELOPMENT CODE AMENDMENT 2020-103
RELATED TO TRANSIENT PRIVATE HOME RENTALS, ADDING
TITLE 4, SECTION 1, TO THE MUNICIPAL CODE RELATED TO
VACATION RENTALS, AND FINDING THE ACTION TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Big Bear Lake is a four-season resort community where tourists visit to escape everyday urban life in order to enjoy a unique mountain experience, including recreation activities, rest and relaxation; and
WHEREAS, the City of Big Bear Lake desires to preserve the residential character of neighborhoods that enhance the quality of life for our residents and provide a peaceful retreat for our visitors; and
WHEREAS, according to the Big Bear Lake General Plan, the local economy is primarily based on tourism, therefore, a guiding principle of the City of Big Bear Lake is to encourage a yearround, well-balanced economic base while recognizing the importance of tourism in the local economy; and
WHEREAS, due to Big Bear Lake’s status as a resort community that offers unique vacation opportunities for large families, the City desires to maintain the ability for visitors to rent family homes for their vacation accommodations; and
WHEREAS, the City Council adopted Ordinance No. 99-300 on August 9, 1999 establishing regulations for Transient Private Home Rentals (vacation rentals); and WHEREAS, the City Council adopted Ordinance No. 2007-375 on December 10, 2007 amending the Development Code to include provisions for enforcing regulations on Transient Private Home Rentals (vacation rentals); and
WHEREAS, the protection of public health, safety and welfare is a primary objective of the Big Bear Lake General Plan; and
WHEREAS, on March 3, 2020, Governor Newson declared the existence of a state of emergency for the State of California; and on March 11, 2020, the Director-General for the World Health Organization declared that COVID-19 can be characterized as a “pandemic.” On March 13, 2020, the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency; and
Attachment 3A
Urgency Ordinance No. 2021-488
WHEREAS, on March 17, 2020, City Manager Frank A. Rush, Jr. issued a proclamation declaring a local state of emergency due to the outbreak of COVID-19; and on March 23, 2020, City Council adopted Resolution No. 2020-05 ratifying and declaring the existence of a local emergency regarding COVID-19 pursuant to Government Code Section 8630; and WHEREAS, tourism has increased dramatically during the COVID-19 pandemic resulting in extraordinary occupancy rates of vacation rentals and a record high number of complaints associated with the behavior of vacation rental guests; and WHEREAS, during the past several months there has been a dramatic increase in the number of complaints relating to noise, parties, over-occupancy, and parking issues at vacation rentals; and WHEREAS, on December 7, 2020, the Governor’s Regional Stay-at-Home Order went into effect for Big Bear Lake due to a rising number of COVID-19 case and low capacity in the region’s intensive care units; and
WHEREAS, on January 11, 2021, the number of available beds in the regional intensive care units remain below 15 percent due to rising cases of COVID-19; and WHEREAS, the project is not subject to the California Environmental Quality Act (CEQA) under Section 15061(b)(3), the general rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have the potential to cause a significant effect on the environment; and WHEREAS, Government Code Sections 36934 and 36937 expressly authorize the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must be passed by a four-fifths (4/5) vote of the City Council; and WHEREAS, based on the foregoing, it is urgent the City adopt regulations in order to minimize (i) the adverse impacts vacation rentals may have on surrounding residential properties and the City’s limited law enforcement resources, and (ii) dense social gatherings that pose an immediate threat of COVID-19 transmission, and as a result, the City desires to establish, on an urgency basis, an ordinance to repeal existing regulations for transient private home rentals and add new Municipal Code Title 4 establishing a licensing and regulatory program for vacation rentals; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, the City Council does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council hereby finds that, based on the public testimony and substantial evidence in the record, the application is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “common sense” rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have potential to cause a significant effect on the environment.
Urgency Ordinance No. 2021-488
Section 3. This urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety of residents and businesses in the City, as it will facilitate better City oversight and monitoring of vacation rental operations that pose (i) adverse impacts on surrounding residential properties and the City’s limited law enforcement resources, and (ii) the immediate threat of increased COVID-19 transmission through dense social gatherings that are non-compliant with State-recognized measures for minimizing disease exposure.
Section 4. Based on the evidence presented to the City Council, including oral and written agenda reports and public testimony, the City Council finds as follows with respect to the Municipal Code Amendment and Development Code Amendment 2020-103:
1. The Municipal Code amendment is consistent with all other related provisions thereof because the amendment does not conflict with other standards and provisions of the Municipal Code and adding provisions to regulate vacation rentals elsewhere in the Municipal Code is in the City’s best interest.
2. The Development Code amendment is reasonable and beneficial at this time because it will remove any potential conflict arising from existing regulations pertaining to Transient Private Home Rentals and the new regulations pertaining to Vacation Rentals.
Section 5. Based on the findings and conclusions set forth in Sections 1 and 2, above, the City Council hereby adopts the amendments identified in Exhibit A to this ordinance, which is attached hereto and incorporated herein by reference.
Section 6. The City Clerk shall certify to the adoption of this ordinance. The Clerk shall timely file a notice of exemption under CEQA.
Section 7. This urgency ordinance takes effect immediately upon its adoption.
Section 8. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED THIS 11th day of January, 2021. ________________________
David Caretto, Mayor
ATTEST:
________________________
Erica Stephenson, City Clerk
Urgency Ordinance No. 2021-488
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Urgency Ordinance No. 2021-488 is a full, true and correct original of Urgency Ordinance No. 2021-488 of the City of Big Bear Lake entitled:
URGENCY ORDINANCE OF THE CITY OF BIG BEAR LAKE
APPROVING DEVELOPMENT CODE AMENDMENT 2020-103
RELATED TO TRANSIENT PRIVATE HOME RENTALS, ADDING
TITLE 4, SECTION 1 TO THE MUNICIPAL CODE RELATED TO
VACATION RENTALS, AND FINDING THE ACTION TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 11th day of January 2021, and that the same was so passed and adopted by the following vote:
AYES: Mote, Putz, Herrick, Lee, Caretto
NOES: None
ABSTAIN: None
ABSENT: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Urgency Ordinance No. 2021-488 was duly and regularly published according to law and the order of the City Council and circulated within the said City.
Erica Stephenson, City Clerk
Urgency Ordinance No. 2021-488
ORDINANCE EXHIBIT A
Section 17.03.310 and Section 17.03.315 of the Development Code are hereby repealed in their entirety.
Table 17.25.040.A of the Development Code is hereby amended as follows:
Under the heading that reads Accessory Commercial Uses, “Vacation home rental” is changed to “Vacation rental,” and the corresponding references to “TPHR” in the R-L, R1, and R-3 zone district columns are changed to “VR.” The footnote to the table that defines “TPHR” is replaced with the following:
“VR = permitted subject to approval of a vacation-rental license in accordance with Chapter 4.01 of this code.”
Section 17.25.070, subsection E, is hereby amended to add a new paragraph 3, to read in its entirety as follows:
“3. The off-street parking requirement for a vacation rental is one parking space per bedroom. The parking space or spaces shall be located in the garage or on a legally established driveway.”
The former paragraph 3 is renumbered as paragraph 4.
Table 17.35.030.A is hereby amended as follows: Under the heading that reads Lodging, commercial, including the following and similar services, “Rental agency for transient private home (TPHR) rentals” is changed to “Rental agency for vacation rentals (VR).” Municipal Code Title 4, Section 1, is hereby added to the Municipal Code to read in its entirety as follows:
Title 4 Visitor-serving uses and tourism
Chapter 4.01 Vacation Rentals
Section 4.01.010. Purpose
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.
Section 4.01.020. Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
A. “Agent” means a person or entity with authority to act on behalf of the owner.
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B. “Bedroom” means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the city.
C. “Business entity” means a corporation, partnership, or other legal entity that is not one of the following: a natural person; the trustee or beneficiary of a personal or family trust if the trustee or beneficiary is a natural person; a limited liability company or a limited liability partnership if the LLC or LLP consists solely of natural persons.
D. “Check in” means the arrival of a guest at a vacation-rental property or agent’s office.
E. “Hosting platform” means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.
F. “Owner” means a person who holds record fee title to the property, except that “owner” does not include a business entity or the holder of a leasehold interest in the property.
G. “Responsible party” means the lessee of a vacation-rental property.
H. “Vacation rental” or “vacation-rental property” means a residential dwelling unit that is leased for a term of 30 or fewer consecutive days.
Section 4.01.030. License Required
A current, valid annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. The license number shall be included in all advertisements for the vacation-rental property. The license shall be posted inside of the vacation-rental property.
Section 4.01.040. Licensing Procedure
An owner shall apply to the city for a license annually for each vacation-rental property and pay a fee established by resolution of the city council. The city shall provide an application form and list of application requirements.
Section 4.01.050. Transient Occupancy Tax
The owner is responsible for collecting and remitting transient occupancy tax to the city and shall comply with all provisions of Chapter 3.20 of this code concerning transient occupancy taxes.
Section 4.01.060. Operational Requirements
A. The owner and owner’s agent shall ensure that the vacation-rental property
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complies with all applicable codes regarding fire, building and safety, health and safety, and all other laws and regulations.
B. All guest check-ins must be performed in person by the owner or the owner’s agent.
The responsible party must be present in person at the check-in.
C. Occupancy of the vacation-rental property shall always be limited to the limit stated on the license. Such occupancy shall not exceed two adults per bedroom, plus children; but the total number of persons may not exceed one person per 200 square feet of living space or 16 persons, whichever is less.
D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager’s designee at least 30 days in advance. City approval is discretionary and may be subject to reasonable conditions.
E. Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants. All vehicles and trailers associated with the vacation-rental property or its occupants shall be parked off the street and shall not be parked on a city street at any time. A lack of off-street parking spaces will reduce allowable occupancy.
F. Upon the request of the city, the owner or the owner’s agent shall respond in person at the vacation-rental property within 30 minutes of dispatch of notice by the city to correct a violation of this chapter or any other provision of this code.
G. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property.
H. The use of an outdoor spa or any other activity that disturbs the peace is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
I. Each transient private home rental shall be equipped with no more than one identification sign, not to exceed two square feet in area. No other advertising signs promoting or identifying the unit shall be permitted anywhere in residential zone districts. The required identification sign shall be permitted anywhere in residential zone districts. The required identification sign shall be attached to the transient private home rental in a location, which is clearly visible from the street, and shall clearly display all of the following information in lettering of sufficient size to be easily legible:
1. the name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be reached on a twenty-four (24) hour basis;
2. the maximum number of occupants permitted to stay in the unit;
Urgency Ordinance No. 2021-488
3. the maximum number of vehicles allowed to be parked on the property; and
4. the telephone number of the City’s Code Compliance Division.
J. The owner shall include notice to lessee of the requirements of this section in all leases and post a visible notice at the entrance to the vacation-rental property as well as near any space that is on the vacation-rental property.
Section 4.01.070. Agency and Certification
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of authority to a notice, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority of making such change. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.
Section 4.01.080. Inspection and Audit.
Each owner and owner’s agent shall provide the city with access to the vacationrental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled.
Section 4.01.090. Hosting Platform Responsibilities.
A. Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each vacation-rental property listing located in the city, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
B. A host platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.
Section 4.01.100. Violations and Penalties
A. The city may issue an administrative citation to any person who operates a vacationrental property without a license. The administrative fine for the first citation shall be in the amount of $5,000.00. Any person operating an unlicensed vacation-rental property shall be permanently ineligible to operate a vacation-rental property in the city, and any property that is operated as a vacation property without the required license shall be ineligible for vacation-rental property license for a period of one year from the most recent citation issued for operating without a license. If the person continues to operate a vacation-rental property without a license, the city may issue an additional administrative citation, with an administrative fine in the amount of $10,000.00. Any additional violation shall be subject to additional citations with escalating fines provided in a schedule established by the city council
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by resolution. A person operating an unlicensed vacation-rental property is liable to the city for the payment of transient occupancy tax in accordance with the provisions of Chapter 3.20 of this code, including without limitation penalties and interest.
B. For any violation of this chapter that is not subject to subsection A above, the city may impose an administrative fine for the first violation in the amount of $500.00.
The fine for each subsequent violation shall be $1,000.00.
C. Each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner’s agent, a hosting platform, and the responsible party. The city may initiate revocation of a license after one violation. Each day that a violation occurs is a separate violation, for which the city may issue a separate administrative citation and fine.
D. Any person who advertises a vacation-rental property without including the license number in the advertisement shall pay a fine in the amount of $2,500.00, and the owner’s license shall be revoked. However, if the violation is a first offense, the city manager may elect to merely suspend the owner’s license for six months and impose a fine in the amount of $5,000.00. The owner’s license shall be revoked for a second offense, if not revoked already.
E. The failure of an owner or the owner’s agent to comply with an order of any police officer shall result in the revocation of the license.
F. The appeal and hearing provisions of Section 1.17.070 of this code apply to any revocation or suspension of a license.
G. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this code or to remedy any other public nuisance.
ORDINANCE NO. 2021-495
ORDINANCE ADOPTING MUNICIPAL CODE AND DEVELOPMENT
CODE AMENDMENT 2020-103 TO AMEND DEVELOPMENT CODE
SECTION 17.25.070 PERTAINING TO RESIDENTIAL PARKING
STANDARDS AND AMEND CHAPTER 4.01 PERTAINING TO
VACATION RENTALS, AND FINDING THESE ACTIONS TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Big Bear Lake is a four-season resort community where tourists visit to escape everyday urban life in order to enjoy a unique mountain experience, including recreation activities, rest, and relaxation; and
WHEREAS, the City of Big Bear Lake desires to preserve the residential character of neighborhoods that enhance the quality of life for our residents and provide a peaceful retreat for our visitors; and
WHEREAS, the City has a legitimate governmental interest in appropriately regulating the transitory use of residential properties to preserve the long-term residential character of its residential neighborhoods; and
WHEREAS, according to the Big Bear Lake General Plan, the local economy is primarily based on tourism, therefore, a guiding principle of the City of Big Bear Lake is to encourage a yearround, well-balanced economic base while recognizing the importance of tourism in the local economy; and
WHEREAS, due to Big Bear Lake’s status as a resort community that offers unique vacation opportunities for large families, the City desires to maintain the ability for visitors to rent family homes for their vacation accommodations; and
WHEREAS, the City Council adopted Ordinance No. 99-300 on August 9, 1999, establishing regulations for Transient Private Home Rentals (vacation rentals); and WHEREAS, the City Council adopted Ordinance No. 2007-375 on December 10, 2007, amending the Development Code to include provisions for enforcing regulations on Transient Private Home Rentals (vacation rentals); and
WHEREAS, the City Council adopted Urgency Ordinance No. 2021-488 on January 11, 2021, deleting references to Transient Private Home Rentals from Chapter 17 and adding Chapter 4.01 to the Municipal Code regulating vacation rentals; and
WHEREAS, the protection of public health, safety, and welfare is a primary objective of the Big Attachment 3B
Ordinance No. 2021-495
Bear Lake General Plan; and
WHEREAS, under Public Resources Code section 21065, adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA), and, alternatively, adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3), the general rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have the potential to cause a significant effect on the environment; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, the City Council does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council hereby finds that, based on the public testimony and substantial evidence in the record, under Public Resources Code section 21065, adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA), and, alternatively, the adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3), the “common sense” rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have potential to cause a significant effect on the environment.
Section 3. Based on the evidence presented to the City Council, including oral and written agenda reports and public testimony, the City Council finds as follows with respect to the Municipal Code Amendment and Development Code Amendment 2020-103:
1. The Municipal Code amendment is consistent with all other related provisions thereof because the amendment does not conflict with other standards and provisions of the Municipal Code and adding provisions to regulate vacation rentals elsewhere in the Municipal Code is in the City’s best interest.
2. The Development Code amendment is reasonable and beneficial at this time because it will remove any potential conflict arising from legally established gravel parking spaces located on vacation rental properties, and is consistent with the City’s General Plan.
Section 4. Based on the findings and conclusions set forth in Sections 1 and 2, above, the City Council hereby adopts the amendments identified in Attachments A, B, C to this ordinance, which are attached hereto and incorporated herein by reference.
Section 5. The City Clerk shall certify to the adoption of this ordinance. The Clerk shall timely file a notice of exemption under CEQA.
Section 6. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that they would have adopted
Ordinance No. 2021-495
this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED THIS 16th day of August, 2021. ________________________
Rick Herrick, Mayor
ATTEST:
________________________
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2021-495 is a full, true and correct original of Ordinance No. 2021-495 of the City of Big Bear Lake entitled:
ORDINANCE ADOPTING MUNICIPAL CODE AND DEVELOPMENT CODE
AMENDMENT 2020-103 TO AMEND DEVELOPMENT CODE SECTION 17.25.070
PERTAINING TO RESIDENTIAL PARKING STANDARDS AND AMEND
CHAPTER 4.01 PERTAINING TO VACATION RENTALS, AND FINDING THESE
ACTIONS TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 16th day of August 2021, and that the same was so passed and adopted by the following vote:
AYES: Putz, Melnick, Mote
NOES: Lee
ABSTAIN: Herrick
ABSENT: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2021-495 was duly and regularly published according to law and the order of the City Council and circulated within the said City.
Erica Stephenson, City Clerk
Ordinance No. 2021-495
ORDINANCE ATTACHMENT A
CHAPTER 17.25.070
17.25.070 RESIDENTIAL PARKING STANDARDS
A. General parking requirements for residential zones
1. Off-street parking shall be provided for any new building constructed and for any new uses established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which any use is conducted, that would result in additional parking spaces being required, subject to the provisions of this section.
2. No existing use of land or existing structure where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed by this section. Facilities being used for off-street parking may be reduced in capacity to the minimum standards prescribed in this chapter to provide for landscaping and snow storage.
3. All off-street parking spaces and driveway areas shall be paved with a solid concrete or asphalt surface, except for parking decks constructed with wood, and maintained for the duration of the use requiring such areas in accordance with City standards; except that clearly delineated parking spaces and driveway areas that were legally established before January 1, 2004, and that are comprised of a minimum of a 1-inch-deep gravel surface are permitted to be maintained. Any expansion of existing parking spaces or driveway area shall be paved.
4. All required parking spaces, including covered spaces, shall be maintained exclusively for the parking of vehicles of the occupant(s) of the premises or their guests.
5. All required off-street parking spaces shall be located on the same lot as the use to be served.
6. Vehicle parking shall be allowed within designated driveways, parking pads or garages. No parking of vehicles shall be permitted within the natural open space area provided within the front, side or rear yards of the dwelling unit.
7. Where the application of the off-street parking requirements results in a fractional number of spaces, a fraction of one-half or greater shall be rounded to the next higher whole number, and a fraction of less than one half shall not be counted.
8. The required parking is cumulative for all of the uses proposed on the same lot, except as otherwise approved. The applicant may submit a parking study prepared by a qualified traffic engineer to justify the provision of a lesser number of spaces than that required by this section, based on shared use of spaces, the nature of the use, or other factors, and the reviewing authority may approve a reduction of the
Ordinance No. 2021-495
parking requirement based upon the recommendations contained in the approved parking study as part of the land use approval process. In the event no other land use approval process is required to establish the uses in question, a minor modification allowing reduction in required parking based upon an approved parking study may be approved.
9. The off-street parking requirements contained in this section are minimums for the listed uses. If evidence before the reviewing authority shows that a specific application will result in a higher demand for parking than is normally expected for that type of use, a greater number of spaces may be required.
10. Parking of abandoned, unlicensed, or inoperative vehicles is subject to and will be abated pursuant to applicable provisions of the Big Bear Lake Municipal Code and the California Vehicle Code.
11. Commercial vehicles, as defined in Section 22507.5 of the California Vehicle Code, shall not be parked on any public or private property used for residential purposes unless they are (1) in the process of making an immediate pickup or delivery of goods, or (2) making a service call to the occupants of the premises, or (3) said vehicle is used by an occupant of the premises as a primary means of transportation to and from work.
12. The minimum dimensions of an uncovered parking space are 9 feet (width) by 19 feet (length).
B. Parking for single family residential zones and uses
1. Single-family detached residential dwelling units in any zone shall be provided with a minimum of 2 parking spaces, which may be tandem spaces.
2. No alteration of a single family dwelling unit which has at least one covered parking space at the time such alteration is proposed shall be approved, if said alteration would result in the elimination of all covered parking spaces on the lot; at least one (1) covered parking space shall be maintained.
3. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items is permitted within the side yard or rear yard of the dwelling unit, provided that such items are stored on a paved surface and that screening is provided from adjacent rights-of-way. These items shall not be parked within the area of the lot considered to be the front yard (excluding the driveway).
No more than 2 of these items may be kept on a single-family residential lot, except within a permitted, enclosed building.
4. Except as otherwise allowed by a home occupation permit issued pursuant to section 17.03.270, parking or storage of commercial or business-related vehicles, equipment, materials, and tools is not permitted on single-family residential lots; except that a business or commercial vehicle regularly used to transport a resident of the home to and from that person’s place of employment is exempt from this restriction.
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5. The use of tents, canopies or similar devices to shade vehicles is not allowed in residential zones. Where provided, covered parking shall consist of permanent structures, such as garages or carports, and shall meet all applicable codes. This section shall not be interpreted to restrict the use of vehicle coverings that are attached to the vehicle and are not affixed to the ground.
6. Where provided, garages and carports shall meet all applicable codes. A single-car garage for single-family residential use shall have minimum clear inside dimensions of 10 feet (width) by 20 feet (length). A double-car garage shall have minimum inside dimensions of 20 feet by 20 feet. Additional parking spaces within an enclosed garage shall be a minimum of 9 by 19 feet each.
7. The minimum driveway width for a single-family residence shall be 12 feet, and the maximum driveway width at the street shall be 24 feet. Driveways for garages accommodating 3 or more vehicles shall be tapered down at the street.
8. Driveways for single-family residential uses shall not exceed a grade of 14 percent, except as otherwise approved by the City Engineer and Fire Department.
C. Parking for small-scale multiple family residential uses (2, 3, 4, or 5 family dwellings)
1. Construction of new attached or detached two, three, four, or five family dwellings shall be required to provide 2 parking spaces per dwelling unit, of which 1 parking space shall be covered. When the addition of new units to existing units is proposed to increase the residential density of the site, at least 1 covered parking space for each existing and proposed dwelling unit on the site shall be provided, in addition to the required uncovered parking.
2. For additions and/or alterations to existing two, three, four, or five family dwellings which do not result in increased density on the site, and for which there exists no covered parking spaces at the time the addition or alteration is proposed, provision of covered parking spaces shall not be required; except that any such addition or alteration shall not be located or configured on the lot so as to preclude the future construction of accessible, covered parking spaces for each unit on the lot.
3. Parking spaces provided pursuant to this section shall be located no further than 100 feet from the main entry of the dwelling unit they are intended to serve, except as otherwise approved by the reviewing authority to limit tree removal or grading.
4. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items is permitted within the side yards or rear yards of the dwelling units, provided that such items are stored on a paved surface and that screening is provided from adjacent rights-of-way. These items shall not be parked within the area of the lot considered to be the front yard (excluding the driveway) of any dwelling unit. No more than 2 of these items may be kept on the lot, except within a permitted, enclosed building.
5. Except as otherwise allowed by a home occupation permit issued pursuant to Section 17.03.270, parking or storage of commercial or business-related vehicles,
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equipment, material and tools is not permitted; except that a business or commercial vehicle regularly used to transport a resident of one of the units to and from that person’s place of employment is exempt from this prohibition.
D. Parking for large-scale multiple family residential uses (6 or more dwelling units)
1. Multiple-family residential projects with 6 or more dwelling units (excluding manufactured home parks and manufactured home subdivisions; see Section
17.25.180) shall provide a minimum of 1 parking space for each studio or onebedroom unit; 2 spaces per each two or three bedroom unit; and 3 spaces for each unit with four or more bedrooms.
2. In addition to required parking for residents, each multiple family project shall provide a minimum of 2 guest parking spaces for each four units up to 12 units; 1 space for each four units for the 13th to the 48th unit; and 1 space for each additional 6 units above 48 units. These spaces shall be designed to be accessible to guests and visitors and shall not be allocated to individual units.
3. At least 50 percent of the total parking spaces on the site shall be covered.
4. A driveway apron of no less than 5 feet in length shall be provided between any garage and the adjacent private street or drive aisle of a multiple family residential project.
5. Parking spaces designated for each dwelling unit shall be located no farther than 100 feet from the unit they are intended to serve, except as otherwise approved by the reviewing authority to limit tree removal or grading. For housing projects where parking spaces are not designated for specific dwelling units, parking shall be located within 150 feet of all dwelling unit entrances.
6. Pedestrian walkways shall be designated and clearly delineated between parking areas and residences. The parking area shall be designed to minimize the need for pedestrians to cross parking aisles or landscaped areas in order to reach their destinations.
7. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items may be allowed as part of the site plan for the project, provided that a designated area is provided for such items with a paved surface and that screening is provided from adjacent properties and the interior of the site by use of a decorative 6-foot visual barrier. This area shall be used for storage by residents only.
E. Parking for other uses allowed in residential zones
1. Parking for non-residential uses permitted in residential zones, such as churches, schools and other primary uses listed in Table 17.25.010.A. shall be required as specified in Table 17.35.070.A. and other applicable regulations in Chapter 17.35.
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2. Parking for boarding and rooming houses shall be provided at a ratio of 1 space per guest room, plus 3 spaces. Parking spaces shall be located no more than 100 feet from building entrances.
3. The off-street parking requirement for a vacation rental is one parking space per bedroom. Parking shall be provided in a garage, legally established driveway, or other legally established parking space or spaces.
4. The parking requirement for any use not specifically listed shall be determined by the City Planner on the basis of the requirements for similar uses.
F. Design standards for parking areas
The following parking lot standards shall apply to all residential uses other than singlefamily residential:
1. Driveways providing access to garages, carports, and open parking spaces shall be a minimum of 12 feet in width for one-way traffic, and 24 feet for two-way traffic, except as otherwise approved by the City to minimize grading and/or tree removal.
In no case shall a two-way drive aisle be less than 20 feet in width.
2. Any driveway providing access for fire apparatus shall be a minimum of 20 feet, with a minimum turning radius of 40 feet.
3. Head-in or diagonal parking spaces shall be no less than 9 feet in width and 19 feet in length; parallel parking spaces shall have a minimum dimension of 10 feet by 24 feet. Minimum vertical clearance for parking spaces shall be 15 feet for uncovered spaces and 8 feet for covered spaces. No reduction in these dimensions shall be permitted.
4. The minimum drive aisle width for one-way aisle shall be provided as follows:
Parallel parking spaces 12 feet aisle width
30 degree spaces 16 feet
45 degrees 18 feet
60 degrees 20 feet
90 degrees 24 feet
5. Parking with access for disabled persons shall be provided in accordance with state law. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 14 feet wide by 19 feet long, and shall be located in an area not exceeding 2 percent slope. All spaces shall be located near or convenient to a level or ramped entrance, not exceeding a 5 percent slope, to the facility served by the parking space. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only.
6. Parking lots and driveways shall be constructed with 3 inches of asphalt paving over 4 inches of aggregate base, except as otherwise approved by the City Engineer
Ordinance No. 2021-495
based upon the recommendations of an approved soils study provided by a qualified soils engineer. Alternate surface material may be considered if it is shown that such material will not cause adverse effects and that it will remain in a usable condition.
7. Parking areas shall be graded and provided with permanent storm drainage facilities. Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets and to preclude standing pools of water within the parking facility.
8. The maximum grade of parking lots shall not exceed 5 percent. The maximum grade of driveways serving parking lots shall not exceed 10 percent.
9. Each parking space shall be individually accessible, except that automobiles may be parked in tandem where the parking area is serving a single dwelling (including dwellings in multiple-family developments where each dwelling has its own driveway) and where the tandem parking is not more than 2 cars in depth. Both tandem spaces must be for the same dwelling and not more than one such space may be enclosed.
10. Parking lots shall be designed so that vehicles do not have to exit the site to get from one parking space to another. Design shall ensure that no vehicle must back into a public right of way to maneuver into or out of the site.
11. Parking lots shall be designed in consideration of existing trees on the site, in conformance with Chapter 17.10. Existing trees over 6 inches DBH shall be preserved to the extent practicable in the design of parking lots. Within lots having 6 or more parking spaces, trees shall be provided at a ratio of 1 tree per 6 parking spaces, which may include existing trees to be preserved on site or newly planted trees, provided that any such trees counted to meet this requirement must be located within 10 feet of the parking area.
12. For multiple family residential projects with private streets or driveways, visitor parking shall be provided in off-street visitor parking bays within 150 feet of all dwelling units. Visitor parking shall be clearly delineated through proper signage as approved by the Planning Division.
13. In parking lots where headlights from vehicles will shine into adjacent residential units, screening of headlight glare shall be provided which may include but not be limited to screen walls, berms, landscape planting, or a combination thereof.
14. For parking lots with 6 or more spaces, at least 5 percent of the parking area shall be landscaped. The parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering and landscaping within that portion of the premises that is devoted to vehicular parking and circulation. Any planter area containing trees shall be no less than 5 feet in width, excluding paving.
15. Where the side of a parking space abuts a landscaped planter, a minimum 12-inch wide paved landing strip shall be provided adjacent to the parking space to accommodate passengers exiting the vehicle. Where the front of a parking space
Ordinance No. 2021-495
abuts a walkway, the walkway shall be a minimum of 6 feet in width to allow for vehicle overhang.
16. Parking lots shall be designed to accommodate snow plowing and snow storage.
An area for snow storage shall be designated on the site plan, which shall be adequate to accommodate snow on the site without diminishing the number of parking spaces available. Snow storage area may be combined with required landscape area, provided that plant materials will not be damaged by plowing operations. No wheel stops or raised curbs shall be permitted within parking areas.
17. All parking areas shall be maintained in good condition at all times, free from potholes and excessive cracking, with pavement striping clearly visible.
18. In the event practical difficulties and hardships result from the strict enforcement of the parking standards due to existing permanent buildings or an irregularly shaped parcel, the City Planner may grant a minor deviation to the standards with respect to allowance of limited off-site parking, maximum of 15 percent reduction to on-site parking spaces, or minor reconfiguration of existing parking to comply with accessibility requirements, pursuant to Section 17.03.180 of the Development Code. All other requests to deviate from residential parking standards must be approved through the Variance procedure pursuant to said section.
Ordinance No. 2021-495
ORDINANCE ATTACHMENT B
CHAPTER 4.01
Municipal Code Title 4, Section 1, is amended to read in its entirety as follows:
Title 4 Visitor-serving uses and tourism
Chapter 4.01 Vacation Rentals
Section 4.01.010. Purpose
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.
Section 4.01.020. Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
A. “Agent” means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner
B. “Bedroom” means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the city.
C. “Check in” means the arrival of a guest at a vacation-rental property or agent’s office.
D. “Home-sharing” or “home-sharing property” means the rental of no more than two bedrooms in a detached single-family unit for a term of 28 or fewer consecutive days while the owner of the unit is present and living in the unit.
E. “Hosting platform” means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.
F. “Owner” means a person or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property.
G. “Responsible party” means the lessee of a vacation-rental property.
H. “Vacation rental” or “vacation-rental property” means either (1) a residential dwelling unit that is leased for a term of 28 or fewer consecutive days or (2) a home-
Ordinance No. 2021-495
sharing property.
Section 4.01.030. License Required
A current, valid annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. The license shall be posted inside of the vacation-rental property.
Section 4.01.040. Licensing Procedure
A. An owner shall apply to the city for a license annually for each vacation-rental property and pay a fee established by resolution of the city council. The city shall provide an application form and list of application and insurance requirements B. An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed within 30-days of expiration.
Section 4.01.050. Transient Occupancy Tax
A. Except as provided in Paragraph B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this code concerning transient occupancy taxes.
B. Beginning January 1, 2022, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and tourism business improvement district assessments and remitting the same to the city. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.20.
C. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.
D. Licensees making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.
Section 4.01.060. Operational Requirements
A. The owner and owner’s agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations.
B. All guest check-ins must be performed in person by the owner or the owner’s agent.
The responsible party must be present in person at the check-in. The responsible party must sign a copy of the City’s Good Neighbor Policy prior to or during check-
Ordinance No. 2021-495
in. A copy of the signed policy shall be provided to the city by the owner or owner’s agent upon request. An owner or agent may provide an electronic process for guests to sign and acknowledge the City’s Good Neighbor Policy at check-in.
C. Occupancy of the vacation-rental property shall always be limited to the limit stated on the license. Such occupancy shall not exceed two adults per bedroom, plus two additional adults, not including persons under 18 years of age; but the total number of persons, including persons under 18 years of age, may not exceed one person per 200 square feet of living space or 16 persons, whichever is less. Properties without all the parking spaces that are required by Section 17.25.070 are limited to two adults per parking space provided.
D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager’s designee at least 30 days in advance. City approval is discretionary and may be subject to reasonable conditions.
E. Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants in accordance with Section 17.25.070. Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time. The maximum number of vehicles at a vacation-rental property at any time is also the minimum number of parking spaces required. Gravel parking spaces approved for vacation-rental properties licensed before January 11, 2021, and originally constructed after January 1, 2004, shall continue to be allowed until January 1, 2026. Properties licensed before January 11, 2021, that do not contain off-street parking spaces shall continue to be allowed until January 1, 2026.
F. Upon the request of the city, the owner or the owner’s agent shall respond in person at the vacation-rental property within 30 minutes of dispatch of notice by the city to correct a violation of this chapter or any other provision of this code.
G. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property.
H. Outdoor activity that disturbs the peace and the use of an outdoor spa are prohibited between the hours of 10:00 p.m. and 7:00 a.m.
I. Each vacation-rental property shall be equipped with no more than one informational sign as described in the registration materials.
J. Trash may not be stored at a vacant vacation-rental property at any time.
K. Incessant barking from dogs heard beyond the property line is prohibited.
L. The owner shall include notice to lessee of the requirements of this section in all leases and post a visible notice at the entrance to the vacation-rental property.
Ordinance No. 2021-495
Section 4.01.070. Agency and Certification
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of authority to a notice, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority of making such change. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.
Section 4.01.080. Inspection and Audit.
Each owner and owner’s agent shall provide the city with access to the vacationrental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled.
Section 4.01.090. Hosting Platform Responsibilities.
A. Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each vacation-rental property listing located in the city, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
B. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.
C. A hosting platform is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts beginning January 1, 2022, in accordance with Section 1.01.050 above.
D. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2022.
Section 4.01.100. Violations and Penalties
A. The city may issue an administrative citation to any person who operates a vacationrental property without a license. The administrative fine for the first citation shall be in the amount of $5,000.00. Any person operating an unlicensed vacation-rental property shall be permanently ineligible to operate a vacation-rental property in the city, and any property that is operated as a vacation property without the required license shall be ineligible for vacation-rental property license for a period of one year from the most recent citation issued for operating without a license. If the person continues to operate a vacation-rental property without a license, the city may issue an additional administrative citation, with an administrative fine in the amount of $10,000.00. Any additional violation shall be subject to additional citations with escalating fines provided in a schedule established by the city council
Ordinance No. 2021-495
by resolution. A person operating an unlicensed vacation-rental property is liable to the city for the payment of transient occupancy tax in accordance with the provisions of Chapter 3.20 of this code, including without limitation penalties and interest.
B. For any violation of this chapter that is not subject to subsection A above and D below, the city may impose an administrative fine for the first violation in the amount of $500.00. The fine for each subsequent violation shall be $1,000.00.
C. Each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner’s agent, a hosting platform, and the responsible party. The city may initiate revocation of a license after one violation. Each day that a violation occurs is a separate violation, for which the city may issue a separate administrative citation and fine.
D. Any person who advertises a vacation-rental property with false occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement shall pay a fine in the amount of $2,500.00, and the owner’s license may be revoked. The owner’s license shall be revoked for a second offense, if not revoked already.
E. The failure of an owner or the owner’s agent to comply with an order of any police officer shall result in the revocation of the license.
F. The appeal and hearing provisions of Section 1.17.070 of this code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the City Manager, at his or her discretion, may place additional operating conditions on a vacation-rental property.
G. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this code or to remedy any other public nuisance.
H. Owners and agents must accept all city vacation-rental-related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via email delivery. It is the responsibility of the owner and agent to ensure that the email address provided on the license application is active and monitored regularly.
Ordinance No. 2021-495
ORDINANCE ATTACHMENT C
VACATION RENTAL ELIGIBILITY TABLE
Zoning District Improvements on Property Vacation Rental Eligibility R-L & R-1 Zones 1 Single-Family Unit Eligible
1 Single-Family Unit & Detached
Guest House (no kitchen)
Eligible, as one unit
combined. Must rent the
entire property to same
party. No kitchen allowed in
Guest House.
1 Single-Family Unit & ADU** Not eligible
1+ Detached Single-Family Units Only 1 unit is eligible 1+ Attached Single-Family Units Only 1 unit is eligible R-3 Zone 1 Single-Family Unit Eligible
1 Single-Family Unit & Detached
Guest House (no kitchen)
Eligible, as one unit
combined. Must rent the
entire property to same
party. No kitchen allowed in
Guest House.
1 Single Family Unit & ADU** Not eligible
1+ Detached Single-Family Units Only 1 unit is eligible 2-4 Attached Single-Family Units All are eligible
>4 Attached Single-Family Units
Under Single Ownership
(Apartments)
None are eligible
>4 Attached Single-Family Units
Under Multiple Ownership
(Condominiums)
All are eligible
Commercial Zones
(including Village
Commercial)
1 Single-Family Unit Village Commercial = Eligible.
Commercial Zones = Not
eligible.
Mixed-use building
1+ Detached Single-Family Units
1+ Attached Single-Family Units
None are eligible.
*Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than 30 days. ** No property is eligible for a vacation rental license if the property has an ADU on it, regardless of zone.
CITY OF BIG BEAR LAKE, CALIFORNIA
ADMINISTRATIVE POLICY
Number 2021-01 Issued: 9/15/2021
SUBJECT: EXTERIOR SIGNAGE REQUIREMENTS FOR VACATION RENTALS
PURPOSE
To inform agents and owners the standards for exterior signage for a vacation rental property.
SITUATION
Each vacation rental property shall display an exterior sign per the policy below.
POLICY
Each vacation rental shall be equipped with no more than one identification sign, not to exceed two square feet in area. No other advertising signs promoting or identifying the unit shall be permitted anywhere in residential zone districts. The required identification sign shall be attached to the home in a location, which is clearly visible from the street, and shall clearly display all the following information in lettering of sufficient size to be easily legible:
1. "24/7 Agent" and a telephone number at which the 24/7 agent may be reached on a twenty-four (24) hour basis; and
2. the maximum number of occupants permitted to be at the property; and
3. the maximum number of vehicles allowed to be parked on the property; and
4. the telephone number of the City's Code Compliance Division.
Example:
-
I 24 inches I
24/7 Agent: 909-555-1212
Max Occupancy: 8
Max# of Cars: 3
Compliance Repot1ing Number:
909.866.2633
Attachment 4
Sample Vacation Rental Ordinances
1. City of Pismo Beach
https://pismobeach.org/881/Short-Term-Rental-Permit
2. City of Paso Robles
https://www.prcity.com/847/Short-Term-Rental
3. County of Shasta
https://www.shastacounty.gov/planning/page/short-term-rentals
4. City of Newport Beach
https://www.newportbeachca.gov/government/departments/finance/revenue-division/short-termrentals
5. Sierra County
https://sierracounty.ca.gov/685/Short-Term-Rentals
6. City of Palm Springs
https://www.palmspringsca.gov/government/departments/special-program-compliance/vacationrentals-1098
7. City of South Lake Tahoe
https://www.cityofslt.us/453/Vacation-Home-Rentals-VHRs
8. City of Santa Rosa
https://www.srcity.org/3625/Short-Term-Vacation-Rentals
9. Alpine County
https://www.alpinecountyca.gov/478/Residential-Short-Term-Rental Attachment 5
10. City of Napa
https://www.cityofnapa.org/325/Vacation-Rental-Permits
11. City of Sonoma
https://www.sonomacity.org/vacation-rental-regulation/
12. City of Palm Desert
https://www.palmdesert.gov/our-city/departments/planning/short-term-rentals
13.City of Indio
https://www.indio.org/departments/finance/licenses-permits/short-term-rentals 8/31/23, 2:09 PM export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ https://export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ 1/5 Chapter 5.22
Vacation Rental Regulation
Article I. Vacation Rental Regulation
5.22.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. “Transient” shall have the same meaning as set forth in Section 3.20.020 of this code. “Vacation rental” means any structure, as defined in the building code adopted in Section 15.04.010 of this code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units. (Ord. O-2010-002 § 1, 2010)
5.22.020 Application process.
A. Persons wishing to use a structure as a vacation rental shall do all of the following:
1. Complete a vacation rental certificate request form, which form shall be provided by the director of community development or designee.
2. Submit the following information in support of a vacation rental certificate:
a. The name, address and telephone number of the property owner and a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person/entity shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the requirement of maintaining a residence or physical business address. An owner of a vacation rental who resides within a twenty-five (25) mile radius of the vacation rental unit may designate himself/herself as the contact person. Any change in the contact person's address or telephone number shall be promptly furnished to the city. b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking location. c. A copy of the proposed notices required by Section 5.22.040E. to be posted inside the vacation rental unit. d. Proof of written notification to all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in subsection A.2.a.
e. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes. f. Such other information as the director of community development or designee deems reasonably necessary to administer this chapter.
3. Submit to an inspection of the vacation rental by city staff if staff deems an inspection to be required prior to issuance of certificate.
4. Obtain a valid business license for a vacation rental unit.
B. Once the vacation rental is approved by the director of community development or designee and a valid business license is on file for the vacation rental, the tax administrator will issue a transient occupancy registration certificate for the vacation rental pursuant to Section 3.20.060 of this code.
C. Vacation rental certificates shall be personal property of the vacation rental unit operator and shall not run with the land. Upon sale of a property operated as a vacation rental, the new owner shall comply with the provisions of this chapter prior to operation of the vacation rental unit.
(Ord. O-2018-013 § 3, 2018: Ord. O-2010-002 § 1, 2010)
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5.22.030 Vacation rental standards.
A. Except as otherwise permitted by the community development director upon presentation of extenuating circumstances, each vacation rental shall have a minimum of two parking spaces available on-site at all times.
B. Each vacation rental shall provide for garbage removal as required by Chapter 8.12 of this code. (Ord. O-2010-002 § 1, 2010)
5.22.040 On-going requirements for vacation rental operation.
A. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity that can be reached via telephone twenty-four hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person shall respond, either in person, or by return telephone call, within three hours of a complaint, and the contact person shall provide the complaining party a proposed resolution to the complaint.
B. The operator or contact person/entity shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy.
Notwithstanding the retention of a separate contact person/entity, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or contact person to comply with this chapter shall be deemed noncompliance by the owner.
C. The operator of the vacation rental shall annually, not later than December 31 of each year, notify in writing all property owners and residents within one hundred feet of any point on the property containing the vacation rental, that the property will be used as a vacation rental.
D. The operator of the vacation rental shall annually, not later than December 31 of each year, provide in writing to all property owners and residents within one hundred feet of any point on the property containing the vacation rental the name, address and telephone number of the contact person required in subsection A.
E. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection A. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the city police department.
F. Any advertising of the vacation rental shall include the vacation rental permit number provided by the city. (Ord. O-2010-002 § 1, 2010)
5.22.050 Violations and enforcement.
A. It shall be unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with this chapter.
B. In addition to, or in lieu of criminal sanctions set forth in subsection A., administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection B.
1. The city building official or designee shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the city building official or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the city building official, constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing. The penalties for violations specified in subsection B. of this section shall be as follows:
a. For the first violation within any twelve-month period, the penalty shall be a fine not to exceed one hundred dollars, and/or suspension of the permit for a period not to exceed three months. b. For a second violation within any twelve-month period, the penalty shall be a fine not to exceed two hundred fifty dollars, and/or suspension of the permit for a period not to exceed six months. c. For a third violation within any twelve-month period, the penalty shall be a fine not to exceed five hundred dollars, and/or suspension of the permit for a period not to exceed one year. 8/31/23, 2:09 PM export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ https://export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ 3/5
2. If the owner requests a hearing within the time specified in subsection 1. of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen days, nor more than forty-five days of receipt of request for a hearing. The community development director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the community development director. The community development director shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The community development director shall render a decision within thirty days of the hearing and the decision shall be final.
C. The community development director or designee shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this chapter. (Ord. O-2010-002 § 1, 2010)
Article II. Short-Term Rental Regulation
5.22.100 Definitions.
For the purposes of this chapter, certain terms are hereby defined. The words "shall" and "will" are mandatory; the word "may" is discretionary.
A. "Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a short-term rental or homestay shall meet all applicable California Building Code life safety requirements.
B. "Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.
C. "Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than 50% of the year, defined herein as 183 days or more per year. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.
D. "Proof of primary residence." In addition to the requirement that the licensed property be the property owner's primary residence as defined herein, the city shall also review documentation relating to the factors set forth in U.S.
Internal Revenue Regulation 26 C.F.R. §1.121-1(b)(2)(i) through (vi), or other documentation deemed acceptable by the city showing the dwelling is the owner's principal residence.
E. "Responsible party" shall mean a person, over the age of eighteen, who shall be legally responsible for compliance of all renters and visitors of the STR or homestay with all applicable provisions of the Pismo Beach Municipal Code. The responsible party shall sign the good neighbor policy and is designated as the point of contact for the STR or homestay.
The responsible party shall assure the maintenance of the licensed property in compliance with this and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein.
The responsible party's contact information shall be provided to all short-term renters and neighbors within three hundred (300) feet of the STR or homestay in the manner prescribed in Chapter 5.22.
F. "Short-term rental" or "STR" shall mean the rental of a detached single-family residence or accessory dwelling unit for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.
G. "Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a short-term rental and be subject to the terms of a short-term license as provided in this code. (Ord. O-2020-007 § 3, 2020: Ord. O-2019-004 § 1, 2019: Ord. O-2018-013 § 4 (part), 2018)
5.22.110 Permit required.
No owner or owners of a short-term rental or homestay shall rent, offer to rent, or advertise for rent the short-term rental or homestay to another person without a permit approved and issued in the manner provided for by this chapter. (Ord. O-2018-013 § 4 (part), 2018)
5.22.120 Application process.
A. A property owner wishing to use a detached single-family residence as a short-term rental or homestay shall do all of the following:
1. Complete a short-term rental application. Submit the following information at the time of application. Applications will not be deemed complete nor processed until all required information is provided and the short-term rental application 8/31/23, 2:09 PM export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ https://export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ 4/5 fee, set by council resolution, is paid to the city:
a. The name, address and telephone number of the property owner, or authorized responsible party, that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the STR or homestay. Any change in the contact information for either the property owner or responsible party shall be promptly furnished to the city.
b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking location. c. Notification materials containing information that allows the city to produce mailing labels, including both owner and occupant lists. The information should be provided on compact disc or other digital media in Microsoft Excel format.
The information should include the following fields for all properties within a three hundred foot radius of the site: assessor parcel number, property address, first and last name of owner, owner mailing address, owner city, owner state, and owner zip code. A receipt or letter from the title company or person who completes notification labels, certifying that the labels are correct, to the best ability of the preparer, must also be included. d. Such other information as the director of community development or designee deems reasonably necessary to administer this chapter.
e. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.
2. Submit to an inspection of the rental by city staff prior to issuance of the certificate. Prior to issuance of an STR or homestay license, the city shall conduct an inspection of subject property to confirm bedroom count, on-site parking, and applicable safety standards. If complaints are received about STR or homestay operations, the city shall have the right to re-inspect the property. In the event such re-inspection requires access to the interior of a dwelling unit, the property owner shall provide the city access to the premises upon forty-eight (48) hours' advance notice.
3. Review and initial the good neighbor policy.
4. Obtain a valid business license for a short term rental property.
B. Once the short-term rental certificate is issued by the community development department and a valid business license is on file for the short-term rental or homestay, the tax administrator will issue a valid transient occupancy registration certificate for the short-term rental or homestay pursuant to Section 3.20.060 of this code.
C. Short-term rental and homestay permits shall be personal property of the property owner and shall not run with the land. Upon sale of a property operated as a short-term rental or homestay, the certificate shall be deemed void without further action by the city.
(Ord. O-2020-007 § 4, 2020: Ord. O-2018-013 § 4 (part), 2018)
5.22.130 Short-term rental standards.
A. The STR or homestay shall be operated consistent with the standards and regulations contained within the zoning codes of the Pismo Beach municipal code, including but not limited to Chapters 17.09 and 17.113 of this code.
B. Each STR or homestay shall provide for garbage removal as required by Chapter 8.12 of this code.
C. A written notice shall be conspicuously posted inside each STR or homestay setting forth the name, address and telephone number of the contact person required in Section 5.22.120A.1.a. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the city police department.
D. Any advertising of the STR or homestay shall include the STR or homestay permit number provided by the city. (Ord. O-2018-013 § 4 (part), 2018)
5.22.140 Violations and enforcement.
A. It shall be unlawful and a misdemeanor for any person to construct for short-term rental or homestay use, to convert to short-term rental or homestay use, to offer to another for short-term rental or homestay use, or to occupy as a short-term rental or homestay use any portion of any structure or facility without full compliance with this chapter.
B. In addition to, or in lieu of criminal sanctions set forth in subsection A., administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection B. 8/31/23, 2:09 PM export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ https://export.amlegal.com/api/export-requests/b285994a-664e-46a4-a2b1-0c468eb3cb97/download/ 5/5
1. The community development director or designee shall cause an investigation to be conducted whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the community development director or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the community development director, constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing. a. The penalties for violations specified in subsection B. of this section shall be as follows: Notwithstanding anything to the contrary in Section 1.24.080 of this code, the initial fine shall be, at a minimum, seven hundred and fifty dollars ($750.00) for an administrative violation of this chapter and shall be, at a minimum, one thousand dollars ($1,000.00) for each subsequent violation. Each separate day or rental night in which a violation exists may be considered a separate violation. Any attempt to rent an unlicensed residence as an STR or homestay by advertising said property for short-term rental or homestay purposes shall be deemed a violation of this chapter.
2. If the owner requests a hearing within the time specified in subsection B.1. of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days of receipt of request for a hearing. The community development director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the community development director. The community development director shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The community development director shall render a decision within thirty (30) days of the hearing and the decision shall be final.
C. The community development director or designee shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this chapter. (Ord. O-2018-013 § 4 (part), 2018)
5.22.150 Cessation of use of a property as short-term rental.
Where the owner of property permitted as a short-term rental or homestay pursuant to this chapter ceases such use, the property owner shall promptly inform the tax administrator of the cessation of use of the property as a short-term rental or homestay and shall surrender the STR or homestay permit. (Ord. O-2018-013 § 4 (part), 2018)
5.22.160 Permit suspension, modification, or revocation.
In addition to any other remedy provided by this chapter, a permit issued pursuant to this chapter may be suspended, modified or revoked for violations of this chapter, for violation of any other law on the premises of the short-term rental or homestay, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety.
Revocation proceedings may be initiated by the community development director and shall be conducted pursuant to the procedures set forth in Section 5.22.140B.
(Ord. O-2018-013 § 4 (part), 2018)
8/31/23, 2:06 PM export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ https://export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ 1/4 Chapter 17.09
SHORT-TERM RENTALS
17.09.010 Purpose and intent.
The use of single-family homes as short-term rentals (for a period of less than 30 consecutive days) has become increasingly more common in the decade preceding the adoption of this regulation. Negative impacts associated with this unregulated proliferation of short-term rentals include, but are not limited to increased traffic, noise and trash; parking impacts; loss of residential character, including vacancies in neighborhoods; reduction in long-term housing stock and opportunities for low and moderate income housing; a competitive disadvantage for legal short-term rental operators and hoteliers; and loss of transient occupancy taxes (TOT).
The purpose of this chapter is to establish a permitting process and appropriate standards to regulate the short-term rental of single-family homes in the city in order to minimize the potential negative impacts of such rentals on neighborhoods; preserve the character of residential neighborhoods; minimize impacts to coastal resources; provide for the reasonable use of property; and ensure that short-term rentals are consistent with the general plan, zoning code, and other applicable sections of the municipal code.
This chapter addresses applicability, residency requirements, frequency, penalties, registration, maximum occupancy, good neighbor policy, on-site parking requirements, inspection requirements, and compliance with occupancy tax and assessment requirements.
(Ord. O-2018-007 § 1 (part), 2018)
17.09.020 Definitions.
For the purposes of this chapter, certain terms are hereby defined. The words "shall" and "will" are mandatory; the word "may" is discretionary.
A. "Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a short-term rental or homestay shall meet all applicable California Building Code life safety requirements.
B. "Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.
C. "Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than 50% of the year (26 C.F.R. §1.121-1(b)(2)), defined herein as 183 days or more per year. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.
D. "Proof of primary residence." In addition to the requirement that the licensed property be the property owner's primary residence as defined herein, the city shall also review the homeowner's income tax return or other documentation deemed acceptable by the city showing the dwelling is the owner's principal residence for tax purposes.
Pursuant to U.S. Internal Revenue Regulation 26 C.F.R. §1.121-1(b)(2), the address used on federal and state tax returns is used as a factor to determine principal residency for tax purposes.
E. "Responsible party" shall mean a person, over the age of eighteen, who shall be legally responsible for compliance of all renters and visitors of the STR or homestay with all applicable provisions of the Pismo Beach Municipal Code. The responsible party shall sign the good neighbor policy and is designated as the point of contact for the short-term rental or homestay.
The responsible party shall assure the maintenance of the licensed property in compliance with this and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein.
The responsible party's contact information shall be provided to all short-term renters and neighbors within three hundred feet of the STR or homestay in the manner prescribed in Chapter 5.22.
F. "Short-term rental" or "STR" shall mean the rental of a detached single-family residence or accessory dwelling unit for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.
G. "Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a short-term rental and be subject to the terms of a short-term license as provided in this Code. (Ord. O-2020-007 § 2, 2020: Ord. O-2019-004 § 2, 2019: Ord. O-2018-007 § 1 (part), 2018) 8/31/23, 2:06 PM export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ https://export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ 2/4
17.09.030 Applicability.
This chapter shall be applicable only in the following zoning designations: Single-Family Low Density Residential (RSL), Single-Family Medium Density Residential (RSM), and Open Space (OS). STRs and homestays are prohibited in all other residential zones. To the extent that vacation rentals, short-term rentals, or equivalent uses are permitted in the Downtown Core, as defined by Planning Area K of the General Plan, or other non-residential zones, such rentals shall not be subject to this chapter.
(Ord. O-2018-007 § 1 (part), 2018)
17.09.040 Application and permit requirements.
Each STR or homestay shall procure a short-term rental (STR) license from the City of Pismo Beach. The STR or homestay shall be registered by the property owner, not a property management company. The licensing process and other administrative provisions shall be established in Chapter 5.22. As part of the licensing process, property owners within three hundred (300) feet of the subject licensed property shall be notified about the intent to operate said property as an STR or homestay and shall be provided contact information for the property owner and responsible party. (Ord. O-2018-007 § 1 (part), 2018)
17.09.050 Homestay.
Homestays shall be regulated in the same manner as short-term rentals with the exception of allowed frequency. For homestays, there is no limit to the number of rental days allowed per year, subject to the property owner being concurrently on-site during the homestay.
(Ord. O-2018-007 § 1 (part), 2018)
17.09.060 Primary residence requirement.
STRs and homestays shall be permitted only at single-family properties that are the primary residence of the property owner. For purposes of short-term rental or homestay licensing, a property owner shall only have one primary residence at any time. Legally permitted accessory dwelling units occupied by the property owner may be deemed to be the property owner's primary residence.
The property owner shall be required to provide proof of primary residence on a yearly basis. The property owner(s) shall be required to be individual owner(s) or trustee(s), and not a corporation, limited liability company, partnership, or other business or commercial entity.
(Ord. O-2018-007 § 1 (part), 2018)
17.09.070 Short-term rental and homestay standards.
A. Initial inspection. Prior to issuance of an STR or homestay license, the city shall conduct an inspection of subject property to confirm bedroom count, on-site parking, and applicable safety standards. If complaints are received about STR or homestay operations, the city shall have the right to re-inspect the property. In the event such re-inspection requires access to the interior of a dwelling unit, the property owner shall provide the city access to the premises upon forty-eight (48) hours' advance notice.
B. Transmittal of rules and good neighbor policy. Prior to rental of an STR or homestay, the property owner and responsible party shall be provided with a good neighbor policy, consisting of a list of rules and responsibilities, in a form approved by the city manager. The property owner and responsible party shall initial each rule indicating that they have read the policy and sign an acknowledgement that in the event applicable municipal code sections and/or administrative rules are violated, renters and/or visitors and/or the property owner may be fined by the city. A good neighbor brochure, summarizing the good neighbor policy shall be placed or posted in a clearly visible location within the STR or homestay.
C. Maximum occupancy. Maximum overnight occupancy of an STR or homestay shall be limited to two people per bedroom, plus two additional people. For example, a two-bedroom STR may have up to and including six occupants overnight. This calculation shall be inclusive of children. Bedroom count shall be confirmed via inspection by the city prior to the issuance of an STR or homestay license.
D. Visitors. The number of visitors to an STR or homestay shall not exceed a number equal to the allowable occupancy of the STR or homestay at any time. For example, if the maximum overnight occupancy is 6, then no more than 6 additional visitors are allowed. Visitors are not allowed in the STR or homestay between 11:00 p.m. and 7:00 a.m. and shall not stay overnight on the premises.
E. Frequency. Consistent with the definition of primary residence, a qualifying STR property shall be limited to a maximum of 182 rental days per year (less than half the year) without the property owner concurrently on site. There shall be no limit to the number of rental days per year for homestays, during which the property owner is concurrently on site.
F. On-site parking. On-site parking shall be required for the operation of an STR or homestay. 8/31/23, 2:06 PM export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ https://export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ 3/4
1. Required parking is based on the number of bedrooms provided for rent, as follows:
1 bedroom: Minimum of 1 on-site parking space
2 bedrooms: Minimum of 2 on-site parking spaces
3–4 bedrooms: Minimum of 3 on-site parking spaces
5 or more bedrooms: Minimum of 4 on-site parking spaces
2. Required parking shall be provided in a garage or on a driveway. Tandem parking configurations shall be acceptable. Street parking shall not be counted toward required parking.
G. Noise. Renters and visitors of STR and homestay properties shall not generate noise to an extent that unreasonably interferes with the quiet use and enjoyment of any other residence or business in the area. Any noise occurring after 10:00 p.m. and before 7:00 a.m. shall be contained within the STR or homestay. What is reasonable in terms of noise generated shall be determined under existing legal standards applicable to evaluating alleged nuisances, including Chapter 9.24 any other city noise standards.
H. Trash. Trash and refuse shall not be left stored within public view, except in proper containers for the purposes of collection. There shall be no accumulation or storage of trash and/or debris on the site or within the STR or homestay.
I. Traffic. Vehicles used and traffic generated by the STR or homestay shall not exceed normal residential levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under existing legal standards applicable to evaluating alleged nuisances.
(Ord. O-2018-007 § 1 (part), 2018)
17.09.080 Tax and assessment compliance.
The property owner shall be required to submit a business license application to the City of Pismo Beach identifying the property as a short-term rental/homestay. Once it is determined that the property is eligible to be licensed, the property owner shall apply for a Transient Occupancy Tax/Lodging Business Improvement District/Tourism Marketing District (TOT/LBID/TMD) certificate. This certificate shall require the property owner to collect and remit TOT/LBID/TMD payments to the city on a monthly basis, in full compliance with the city's TOT and LBID ordinances, including but not limited to Chapter 3.20 and Chapter 3.26, as well as the County's Tourism Marketing District assessment. (Ord. O-2018-007 § 1 (part), 2018)
17.09.090 Administrative standards and rules.
The city manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this chapter. In particular, the city manager, or designee, will establish administrative procedures for complaints. A copy of such administrative rules and regulations shall be on file in the office of the city clerk and posted on the city's website.
(Ord. O-2018-007 § 1 (part), 2018)
17.09.100 Violations.
A. Penalty. It is unlawful to violate the provisions of this chapter. Violations of this chapter are punishable as misdemeanors, except as otherwise provided in Section 1.20.010. Violations of this chapter may alternatively be punished as administrative violations as provided in Chapter 1.24. Notwithstanding anything to the contrary in Section 1.24.080, the initial fine shall be, at a minimum, seven hundred and fifty dollars ($750) for an administrative violation of this chapter and shall be, at a minimum, one thousand dollars ($1,000) for each subsequent violation. Each separate day or rental night in which a violation exists may be considered a separate violation. Any attempt to rent an unlicensed residence as an STR or homestay by advertising said property for short-term rental purposes shall be deemed a violation of this chapter.
B. Revocation. If the property owner or responsible party is deemed by the city manager to be non-responsive to a complaint more than three (3) times in a twenty-four (24)-month period, or if more than three (3) significant violations, as defined below, occur in any twenty-four (24)-month period, or if the property owner or responsible party is cited three (3) or more times in a twenty-four (24) month period, the STR license may be revoked. Appeals shall be conducted pursuant to Section 1.24.110.
C. Significant violations. "Complaint" as used in this subsection means the need or requirement to contact the property owner or responsible party to rectify a situation that is disturbing to a neighbor or resident.
As used in this subsection, a "significant violation" means a situation where the property owner or responsible party is either unable or unwilling to rectify the situation within thirty (30) minutes, and/or when public safety personnel must be called to assist in resolving the situation, and/or a situation that causes substantial disturbance to the neighbors or neighborhood.
8/31/23, 2:06 PM export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ https://export.amlegal.com/api/export-requests/0bb04810-b565-451d-be48-fa1693a4e476/download/ 4/4 Examples of significant violations include, but are not limited to:
1. Failure of the property owner or responsible party to take action to respond to a complaint within thirty (30) minutes after the city contacts the property owner or responsible party.
2. The inability of city staff or the Pismo Beach Police Dispatch to reach the property owner or responsible party.
3. Violation of the STR or homestay maximum overnight occupancy, number of visitors, parking, noise, trash, or other requirements as set forth in this chapter.
4. Failure to notify city staff when responsible party or property owner contact information changes.
5. Failure to pay fees or make TOT/LBID/TMD payments in accordance with this chapter or Chapters 3.20 or 3.26.
6. Providing false or misleading information on an STR/homestay license application or other documentation as required by this chapter.
7. Violations of state, county, or city health regulations.
The city manager, or designee, shall have the authority to determine what other violations of this chapter constitute a significant violation, as necessary, to achieve the objectives of this chapter. (Ord. O-2018-007 § 1 (part), 2018)
17.09.110 Fees.
Application and licensing fees associated with STRs and homestays shall be established from time to time by resolution of the city council.
(Ord. O-2018-007 § 1 (part), 2018)
8/31/23, 2:07 PM export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ https://export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ 1/4 Chapter 17.113 SHORT-TERM RENTALS
17.113.010 Purpose and intent.
A. The use of single-family homes as short-term rentals (for a period of less than 30 consecutive days) has become increasingly more common in the decade preceding the adoption of this regulation. Negative impacts associated with this unregulated proliferation of short-term rentals include, but are not limited to increased traffic, noise and trash; parking impacts; loss of residential character, including vacancies in neighborhoods; reduction in long-term housing stock and opportunities for low and moderate income housing; a competitive disadvantage for legal short-term rental operators and hoteliers; and loss of transient occupancy taxes (TOT).
B. The purpose of this chapter is to establish a permitting process and appropriate standards to regulate the short-term rental of single family homes in the city in order to minimize the potential negative impacts of such rentals on neighborhoods; preserve the character of residential neighborhoods; minimize impacts to coastal resources; provide for the reasonable use of property; and ensure that short-term rentals are consistent with the general plan, zoning code, and other applicable sections of the municipal code.
C. This chapter addresses applicability, residency requirements, frequency, penalties, registration, maximum occupancy, good neighbor policy, on-site parking requirements, inspection requirements, and compliance with occupancy tax and assessment requirements. (Ord. O-2018-006 § 1 (part), 2018)
17.113.020 Definitions.
For the purposes of this chapter, certain terms are hereby defined. The words "shall" and "will" are mandatory; the word "may" is discretionary.
A. "Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a short-term rental or homestay shall meet all applicable California Building Code life safety requirements.
B. "Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.
C. "Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than fifty percent of the year (26 C.F.R. § 1.121-1(b)(2)), defined herein as one hundred eighty-three days or more per year. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.
D. "Proof of primary residence." In addition to the requirement that the licensed property be the property owner's primary residence as defined herein, the city shall also review the homeowner's income tax return or other documentation deemed acceptable by the city showing the dwelling is the owner's principal residence for tax purposes.
Pursuant to U.S. Internal Revenue Regulation 26 C.F.R. § 1.121-1(b)(2), the address used on federal and state tax returns is used as a factor to determine principal residency for tax purposes.
E. "Responsible party" shall mean a person, over the age of eighteen, who shall be legally responsible for compliance of all renters and visitors of the STR or homestay with all applicable provisions of the Pismo Beach municipal code. The responsible party shall sign the good neighbor policy and is designated as the point of contact for the short-term rental or homestay.
The responsible party shall assure the maintenance of the licensed property in compliance with this and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein.
The responsible party's contact information shall be provided to all short-term renters and neighbors within three hundred (300) feet of the STR or homestay in the manner prescribed in Chapter 5.22.
F. "Short-term rental" or "STR" shall mean the rental of a detached single-family residence or accessory dwelling unit for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.
G. "Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation that allows multiple rentals within a thirty (30) day period shall be considered a short-term rental and subject to the terms of a short-term license as provided in this code. (Ord. O-2021-001 § 2, 2021: Ord. O-2019-004 § 8, 2019: Ord. O-2018-006 § 1 (part), 2018)
17.113.030 Applicability.
This chapter shall be applicable only in the following zoning designations: single family residential (R-1), two and threefamily residential (R-2), multi-family residential (R-3), planned residential (P-R), and open space-natural resources 8/31/23, 2:07 PM export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ https://export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ 2/4 protection (O-S-1). STRs and homestays are prohibited in all other residential zones. To the extent that vacation rentals, or equivalent uses are permitted in the downtown core, as defined by planning area K of the general plan, or other nonresidential zones, such rentals shall not be subject to this chapter. (Ord. O-2019-004 § 9, 2019: Ord. O-2018-006 § 1 (part), 2018)
17.113.040 Application and permit requirements.
Each STR or homestay shall procure a short-term rental (STR) license from the City of Pismo Beach. The STR or homestay shall be registered by the property owner, not a property management company. The licensing process and other administrative provisions shall be established in Chapter 5.22. As part of the licensing process, property owners within three hundred (300) feet of the subject licensed property shall be notified about the intent to operate said property as an STR or homestay and shall be provided contact information for the property owner and responsible party. (Ord. O-2018- 006 § 1 (part), 2018)
17.113.050 Homestay.
Homestays shall be regulated in the same manner as short-term rentals with the exception of allowed frequency. For homestays, there is no limit to the number of rental days allowed per year, subject to the property owner being concurrently on-site during the homestay. (Ord. O-2018-006 § 1 (part), 2018)
17.113.060 Primary residence requirement.
A. STRs and homestays shall be permitted only at single-family properties that are the primary residence of the property owner. For purposes of short-term rental or homestay licensing, a property owner shall only have one primary residence at any time. Legally permitted accessory dwelling units occupied by the property owner may be deemed to be the property owner's primary residence.
B. The property owner shall be required to provide proof of primary residence on a yearly basis. The property owner(s) shall be required to be individual owner(s) or trustee(s), and not a corporation, limited liability company, partnership, or other business or commercial entity. (Ord. O- 2018-006 § 1 (part), 2018)
17.113.070 Short-term rental and homestay standards.
A. Initial inspection. Prior to issuance of an STR or homestay license, the city shall conduct an inspection of subject property to confirm bedroom count, on-site parking, and applicable safety standards. If complaints are received about STR or homestay operations, the city shall have the right to re-inspect the property. In the event such re-inspection requires access to the interior of a dwelling unit, the property owner shall provide the city access to the premises upon forty-eight (48) hours' advance notice.
B. Transmittal of rules and good neighbor policy. Prior to rental of an STR or homestay, the property owner and responsible party shall be provided with a good neighbor policy, consisting of a list of rules and responsibilities, in a form approved by the city manager. The property owner and responsible party shall initial each rule indicating that they have read the policy and sign an acknowledgment that in the event applicable municipal code sections and/or administrative rules are violated, renters and/or visitors and/or the property owner may be fined by the city. A good neighbor brochure, summarizing the good neighbor policy shall be placed or posted in a clearly visible location within the STR or homestay.
C. Maximum occupancy. Maximum overnight occupancy of an STR or homestay shall be limited to two people per bedroom, plus two additional people. For example, a two-bedroom STR may have up to and including six occupants overnight. This calculation shall be inclusive of children. Bedroom count shall be confirmed via inspection by the city prior to the issuance of an STR or homestay license.
D. Visitors. The number of visitors to an STR or homestay shall not exceed a number equal to the allowable occupancy of the STR or homestay at any time. For example, if the maximum overnight occupancy is 6, then no more than six additional visitors are allowed. Visitors are not allowed in the STR or homestay between 11:00 p.m. and 7:00 a.m. and shall not stay overnight on the premises.
E. Frequency. Consistent with the definition of primary residence, a qualifying STR property shall be limited to a maximum of 182 rental days per year (less than half the year) without the property owner concurrently on site. There shall be no limit to the number of rental days per year for homestays, during which the property owner is concurrently on site.
F. On-site parking. On-site parking shall be required for the operation of an STR or homestay.
1. Required parking is based on the number of bedrooms provided for rent, as follows:
1 bedroom: Minimum of 1 on-site parking space
2 bedrooms: Minimum of 2 on-site parking spaces
3-4 bedrooms: Minimum of 3 on-site parking spaces
5 or more bedrooms: Minimum of 4 on-site parking spaces 8/31/23, 2:07 PM export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ https://export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ 3/4
2. Required parking shall be provided in a garage or on a driveway. Tandem parking configurations shall be acceptable.
Street parking shall not be counted toward required parking.
G. Noise. Renters and visitors of STR and homestay properties shall not generate noise to an extent that unreasonably interferes with the quiet use and enjoyment of any other residence or business in the area. Any noise occurring after 10:00 p.m. and before 7:00 a.m. shall be contained within the STR or homestay. What is reasonable in terms of noise generated shall be determined under existing legal standards applicable to evaluating alleged nuisances, including Chapter 9.24 any other city noise standards.
H. Trash. Trash and refuse shall not be left stored within public view, except in proper containers for the purposes of collection. There shall be no accumulation or storage of trash and/or debris on the site or within the STR or homestay.
I. Traffic. Vehicles used and traffic generated by the STR or homestay shall not exceed normal residential levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under existing legal standards applicable to evaluating alleged nuisances. (Ord. O-2018- 006 § 1 (part), 2018)
17.113.080 Tax and assessment compliance.
The property owner shall be required to submit a business license application to the City of Pismo Beach identifying the property as a short-term rental/homestay. Once it is determined that the property is eligible to be licensed, the property owner shall apply for a transient occupancy tax/lodging business improvement district/tourism marketing district (TOT/LBID/TMD) certificate. This certificate shall require the property owner to collect and remit TOT/LBID/TMD payments to the city on a monthly basis, in full compliance with the city's TOT and LBID ordinances, including but not limited to Chapter 3.20 and Chapter 3.26, as well as the county's tourism marketing district assessment. (Ord. O-2018-006 § 1 (part), 2018)
17.113.090 Administrative standards and rules.
The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this chapter. In particular, the city manager, or designee, will establish administrative procedures for complaints. A copy of such administrative rules and regulations shall be on file in the office of the city clerk and posted on the city's website. (Ord. O-2018-006 § 1 (part), 2018)
17.113.100 Violations.
A. Penalty. It is unlawful to violate the provisions of this chapter. Violations of this chapter are punishable as misdemeanors, except as otherwise provided in Section 1.20.010. Violations of this chapter may alternatively be punished as administrative violations as provided in Chapter 1.24. Notwithstanding anything to the contrary in Section 1.24.080, the initial fine shall be, at a minimum, seven hundred and fifty dollars ($750) for an administrative violation of this chapter and shall be, at a minimum, one thousand dollars ($1,000) for each subsequent violation. Each separate day or rental night in which a violation exists may be considered a separate violation. Any attempt to rent an unlicensed residence as an STR or homestay by advertising said property for short-term rental purposes shall be deemed a violation of this chapter.
B. Revocation. If the property owner or responsible party is deemed by the city manager to be non-responsive to a complaint more than three (3) times in a twenty-four (24)-month period, or if more than three (3) significant violations, as defined below, occur in any twenty-four (24)-month period, or if the property owner or responsible party is cited three (3) or more times in a twenty-four (24) month period, the STR license may be revoked. Appeals shall be conducted pursuant to Section 1.24.110.
C. Significant violations. "Complaint" as used in this subsection means the need or requirement to contact the property owner or responsible party to rectify a situation that is disturbing to a neighbor or resident.
As used in this subsection, a "significant violation" means a situation where the property owner or responsible party is either unable or unwilling to rectify the situation within thirty (30) minutes, and/or when public safety personnel must be called to assist in resolving the situation, and/or a situation that causes substantial disturbance to the neighbors or neighborhood.
Examples of significant violations include, but are not limited to:
1. Failure of the property owner or responsible party to take action to respond to a complaint within thirty (30) minutes after the city contacts the property owner or responsible party.
2. The inability of city staff or the Pismo Beach police dispatch to reach the property owner or responsible party.
3. Violation of the STR or homestay maximum overnight occupancy, number of visitors, parking, noise, trash, or other requirements as set forth in this chapter.
4. Failure to notify city staff when responsible party or property owner contact information changes. 8/31/23, 2:07 PM export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ https://export.amlegal.com/api/export-requests/a71e742f-eb0f-4a06-a9b4-1e659cf01f53/download/ 4/4
5. Failure to pay fees or make TOT/LBID/TMD payments in accordance with this chapter or Chapters 3.20 or 3.26.
6. Providing false or misleading information on an STR/homestay license application or other documentation as required by this chapter.
7. Violations of state, county, or city health regulations.
The city manager, or designee, shall have the authority to determine what other violations of this chapter constitute a significant violation, as necessary, to achieve the objectives of this chapter. (Ord. O-2018-006 § 1 (part), 2018)
17.113.110 Fees.
Application and licensing fees associated with STRs and homestays shall be established from time to time by resolution of the city council. (Ord. O-2018-006 § 1 (part), 2018) ORDINANCE NO. 1120 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL PASO DE ROBLES AMENDING ZONING ORDINANCE TABLE 21.16.200 AND CHAPTER 21.34 REGARDING SHORT-TERM RENTALS
(City of Paso Robles)
WHEREAS, between 2015 and 2019, the City conducted 35 separate public meetings evaluating short-term rentals; and
WHEREAS, on August 6, 2019, the City Council adopted Ordinance 1082, regulating short-term rentals, and known as the Short-Term Rental Ordinance. The ordinance differentiates between homeshares and non-hosted accommodations, establishes permit requirements and conditions, sets occupancy limits and parking requirements, and requires the City to maintain a short-term rental hotline; and WHEREAS, concurrent with the Short-Term Rental Ordinance, the City Council approved Resolution 19-077, which established numerical limits for non-hosted short-term rental permits available in the city and fees for short-term rental permits; and
WHEREAS, on August 8, 2020 and October 19, 2021, City staff presented annual reviews of the short-term rental program to the City Council as required by Resolution 19-077; and WHEREAS, on October 9, 2019, the City reached the R1 numerical limit of 75 non-hosted shortterm rental permits. On May 24, 2021, the City reached the citywide numerical limit for non-hosted shortterm rental permits; and WHEREAS, the Short-Term Rental Ordinance (Ordinance 1082) will expire August 6, 2022 unless the City Council adopts an amendment to extend the ordinance; and WHEREAS, on March 25, 2022, City staff conducted a public workshop, where staff presented potential amendments to the Short-Term Rental Ordinance and received comments from the community.
WHEREAS, on April 26, 2022, the Planning Commission held a public hearing to consider amendment to Ordinance 1082 and voted to forward a recommendation to amend the ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals of this resolution are true and correct, and such recitals are hereby incorporated by reference as fully set forth in the text of this Ordinance.
Section 2. The Ordinance is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance extends the existing Short-Term Rental Ordinance, and thus maintains the status quo, while making minor amendments. None of these amendments have the possibility of having a significant effect on the environment. For example, the Ordinance would amend the Short-Term Rental Ordinance by limiting swimming pool and hot tub use at Short Term Rentals, reduces the amount of time the Owner of a Homeshare may be absent from the property during the time a Renter is occupying the Short-Term Rental unit from 30 days to 10 days, and increases the number of neighbors entitled to notification that a Short-Term Rental Permit has been obtained. These amendments have no possibility of having a significant effect on the environment. Additionally, and in the alternative, the Ordinance is exempt from CEQA under the Class 1 exemption, which applies to the operation, permitting, or licensing of existing structures involving negligible or no expansion of existing or former use. The Ordinance does not expand the scope of the Short-Term Rental Ordinance; it merely extends the existing Short-Term Rental Ordinance, with limited amendments that have no possibility of a significant impact the environment. For all of the foregoing reasons and based on substantial evidence in the record of proceedings, the Ordinance is exempt from CEQA..
Section 3. The City Council adopts the following Ordinance as shown in Sections 4 attached hereto, and incorporated herein by reference.
Section 4. Chapter 21.34 of the Municipal Code of the City of El Paso de Robles is hereby amended as follows:
CHAPTER 21.34 SHORT-TERM RENTAL PERMITS
21.34.010 Scope, Purpose and Findings.
CC Ordinance 1120 N.S. Page 1 of 10
A. The purpose of this Chapter is to document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any short-term rental use within the city.
B. The city council hereby finds that unregulated transient occupancy uses in residential and non-residential 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.
C. The city council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits is necessary to protect the public health, safety and welfare. The purpose of this Chapter is to provide a permit system and to impose operational requirements to minimize the potential adverse impacts to surrounding neighbors of transient uses in residential neighborhoods and zoning districts, such as traffic congestion, street parking, and noise, and to ensure the health, safety and welfare of renters and guests patronizing short-term rentals.
D. The provisions of this Chapter will also benefit the public welfare by providing an additional source of revenue to the city, as operators of short-term rentals are required to pay transient occupancy tax to the city, which will offset some of the additional costs of providing services to the renters.
E. The City Council hereby finds that the city’s regulation of short-term rental uses in accordance with this Chapter is a valid exercise of the city’s police power in furtherance of the legitimate governmental interests documented in this Chapter.
F. The City Council hereby finds that short-term rentals are an allowable accessory use to legally permitted, existing residential dwellings within all zoning districts subject to the regulations of this code section, applicable Council resolutions, and other sections of this municipal code.
21.34.020 Definitions
A. “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 ShortTerm Rental Permit under the authority of this Chapter.
B. “Authorized Agent” means the person specifically authorized by an Owner, in writing, 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, along with the Owner, to provide and receive any notices identified in this Chapter on behalf of the Owner.
C. “Bed and Breakfast” means a Homeshare with no more than five (5) bedrooms, a permit issued by the San Luis Obispo County Health Department for food service, and which may be used for special events only when special events are authorized by a conditional use permit issue in compliance with this Code.
D. “Bedroom” means any habitable room with no less than 70 square feet of floor area and no dimension less than seven (7) feet, in a dwelling, with at least one wall located along an exterior wall with a window that can be used for emergency egress, and equipped with ventilation, heating, smoke detector and carbon monoxide detector. Egress window requirements shall be based on the California Building Code requirements at the time of original construction of the room.
E. “Director” means the Director of Community Development of the City, or a designee of the Community Development Director or City Manager.
F. “Enforcement Officer” means the Director, chief building official, fire marshal, city manager or any other city employee designated by the Director or city manager to enforce this Chapter.
G. “Good Neighbor Brochure” means a handbook prepared by the city regarding the general rules of conduct to be followed by Renters and applicable provisions of the Paso Robles Municipal Code.
H. “Guest” means an invitee of a Renter or other person visiting a Renter of a ShortTerm Rental unit who does not rent the unit.
I. “Homeshare” means a Short-Term Rental structure in which the Owner both resides and remains during the time a Renter is occupying the Short-Term Rental unit. This can include an accessory dwelling unit (ADU) located on the same parcel as with the primary residence occupied by the owner. As a Homeshare, the Owner may be absent from the property during the time a Renter is occupying the Short-Term Rental unit for a maximum of 30 days within any calendar year, only if an CC Ordinance 1120 N.S. Page 2 of 10
Authorized Agent has been designated and provided to the City to respond to complaints as required in Section 21.34.050.
J. “Hotline” means the telephonic service maintained by the city for the purpose of receiving complaints regarding the operation of any Short-Term Rental.
K. “Hotline Contact” means the person designated on the Permit who shall be available by telephone 24 hours a day, 7 days a week during the entire time a Short-Term Rental property is occupied by a Renter.
L. “Non-Hosted Accommodation” means a Short-Term Rental structure that is not occupied by either the Owner or an Authorized Agent while it is being occupied by a Renter. A NonHosted Accommodation permit may operate as a Homeshare, but not the converse.
M. “Owner” means the person or entity holding fee title to the real property that is the subject of a Short-Term Rental Permit.
N. “Permit” means the permit issued by the city, in accordance with the procedures set forth in this Chapter, allowing an Owner or Authorized Agent to rent a Short-Term Rental unit at the specified location.
O. “Permittee” means the person or entity to whom a Permit is issued pursuant to this Chapter.
P. “Renter” means a person, not an Owner or Authorized Agent, renting or occupying a Short-Term Rental property for fewer than 28 days in accordance with the terms of this Chapter.
For purposes of Chapter 3.26, “Renter” shall have the same meaning as “Transient,” as defined in Section 3.26.020.
Q. “Short-Term Rental” means any habitable structure constructed for residential occupancy under the California Building Code for which a rental contract for occupancy has been made for a term of 27 days or fewer and which the Short-Term Rental use is permitted to operate, pursuant to a current and valid Permit on file with the City. Short-Term Rentals include both Homeshares and Non-Hosted Accommodations.
21.34.030 Permit Requirements
A. No Owner may operate, or allow a subject property to be operated, as a Short-Term Rental unless and until it has been issued (1) a Permit issued by the city in accordance with this Chapter
21.34; and (2) a business license tax certificate, pursuant to Chapter 5.04 of the Paso Robles Municipal Code. Together, the Owner and Owner’s Authorized Agent shall be responsible for applying for and for renewing the business license tax certificate and the Permit.
B. All short-term rental permits shall consistent with Table 21.34.030.1. and Table
21.34.030.2.
CC Ordinance 1120 N.S. Page 3 of 10
Table 21.34.030.1. Short-Term Rental Permitting Table
Rental Type Homeshare Permit Non-Hosted Accommodation
Permit
Short-Term Rental Short-Term Rental Permit may be
issued for the following:
• Primary dwelling
• Second Units
• Guest Houses
• Multi-family residential
apartments
• Residential portions of
Mixed Use structures
Interpretations:
1. A maximum of two (2)
Homeshare Short-Term Rental
Permits will be issued per legal
parcel in the R-1 zoning district
Short-Term Rental Permit may be
issued for the following:
• Primary dwelling
• Second Unit
• Residential portions of
Mixed Use structures
consistent with
interpretation (2).
Interpretations:
1. Multi-family residential
apartment units (4 or more
dwellings per lot) may not
be used as Non-Hosted
Short-Term Rentals.
2. No more than two (2) NonHosted Short-Term Rental
Permits will be issued per
legal parcel.
Bed & Breakfast - Food Service Conditional Use Permit
San Luis Obispo County health
permit
Not permitted
Table 21.34.030.2. Non-Hosted Accommodation Separation Requirement No short-term rental permit for a Non-Hosted Accommodation shall be issued in conflict with this table.
Exceptions:
1. Permit applicants in possession of a valid short-term rental business license, with an application submitted date on or before July 16, 2019 shall be exempt from the numeric requirements for purposes of Permit issuance.
2. Homeshare Permits are not subject to the separation requirement.
Zoning District Minimum Separation Distance Interpretation R-1 – Single-Family Residential 100 feet 1. Measured from perimeter of property line.
2. Does not apply to a
second short-term rental
permit on the same lot.
All other zones 0 feet No separation requirement
C. The application form for a Permit shall be available from the Community Development Department. A separate Permit application is required for each rental address or individual rental unit. The Owner (for a Homeshare Permit) or the Owner and registered Authorized Agent (for a Non-Hosted Accommodation Permit) shall be required to provide, maintain and keep current the following information on the Permit application:
1. Name and contact information (including home/business telephone numbers, mobile phone numbers, email address and permanent mailing address) of the Owner and Authorized Agent, if any, of the Short-Term Rental property.
2. Identification of whether the Short-Term Rental is a Homeshare and/or Non-Hosted Accommodation.
3. Address of the Short-Term Rental property.
CC Ordinance 1120 N.S. Page 4 of 10
4. Floor plan (to scale) showing all interior rooms and location of each Bedroom with number of beds (including sofa beds or hide-a-beds) to be rented as part of the ShortTerm Rental and approximate square footage in the Short-Term Rental property, and the maximum number of overnight Renters, subject to the limitations set forth in Section 21.34.030 D., below.
5. Site plan showing entire property on which Short-Term Rental unit is located, including the power panel disconnect, house water main valve, number and location of designated on-site parking spaces available (including garage parking) for use by Renter(s), and storage location of trash containers and scheduled day for trash pickup.
6. Evidence satisfactory to city that each Bedroom meets all local building and safety code requirements.
7. Acknowledgement that the Owner, and the Authorized Agent, if any, has read all regulations pertaining to the operation of a Short-Term Rental, including this Chapter, the city’s business license tax requirements (Chapter 3.28), the city’s transient occupancy tax requirements (Chapter 3.26), City Council Resolution 17-082 creating the Paso Robles Tourism Improvement District and agreement to pay the required assessments thereunder, the San Luis Obispo County Visitors and Conference Bureau (dba Visit SLO CAL) and agreement to pay the required assessments thereunder, and to comply with any additional administrative regulations promulgated by the Director to implement this Chapter.
8. The name and all forms of contact information of the registered contact person (who may be the Owner or the Authorized Agent, if any) who shall be available by telephone 24 hours a day, 7 days a week, and who shall be able to respond within 30 minutes of receipt of a complaint while the Short-Term Rental property is occupied by a Renter.
9. Any other information as the Director deems reasonably necessary to administer this Chapter.
10. Acknowledgement and agreement that any and all use of the property for Short-Term Rental shall cease upon transfer of the property, expiration of the Permit, or revocation of the Permit, pursuant to Section 21.34.060.
11. Agreement to hold harmless, indemnify, and defend the city against any claims or litigation arising from the issuance or revocation of the Permit.
12. Agreement to pay any costs to enforce the conditions of the Permit, including, but not limited to any city authority response to verified nuisance complaints, or inspections of the Short-Term Rental Property.
14. Certification under penalty of perjury as to the accuracy of the information provided on the Permit application and agreement to comply with all conditions of the Permit and this Chapter.
D. Permit Application Process.
1. Processing Fee. The City Council, by resolution, shall specify from time to time, in its master fee schedule, the amount of the Permit application and processing fee, based upon the city’s reasonable estimated costs for processing and reviewing the Permit application materials and maintaining the Hotline. The Permit application and processing fee shall be non-refundable.
2. Numeric Limits on the Processing and Issuance of Short-Term Rental Permits. The City Council, by resolution, may adopt procedures to implement permit issuance, including the establishment of application periods, waitlists and/or grace periods for applicants already in possession of valid short-term rental business licenses, and may limit the total number of Short-Term Rental Permits available for issuance.
3. Review. Upon review of the materials submitted with the Permit application, the Director shall determine whether a Permit will be issued or the application is incomplete and notify the Applicant within 60 days. If the Director determines that the Permit may be issued upon compliance with certain conditions, the Director shall notify the Applicant in writing of the nature of the conditions that must be satisfied in order to receive a Permit. If the Director determines that the Permit should be denied, the Director shall notify the applicant in writing of the reasons for the denial.
CC Ordinance 1120 N.S. Page 5 of 10
The decision of the Director may be appealed to the Planning Commission pursuant to the procedures set forth in Chapter 21.23A.
4. Permit Renewal. No earlier than 12 months and at least sixty (60) days prior to the expiration of a Permit, the Owner and the Authorized Agent, if any, of a Short-Term Rental shall submit an application to renew the Permit on a form available from the City, along with a renewal fee in an amount to be established by resolution of the City Council in the city’s master fee schedule. The Owner or Authorized Agent shall identify any notice of violation or concern (including any compliance or citation issued by the city) issued for the Short-Term 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 renewal for a period of 12 months. The Applicant or any interested person may appeal the decision of the Director to the Planning Commission pursuant to the procedures set forth in Chapter
21.23A.
5. Permit Transfer Prohibited. No Permittee shall transfer, or attempt to transfer, a Permit to any other person.
Exceptions: Short-Term Rental Permits may be transferred to a new owner in the TC-1 and TC-2 Zoning Districts (Uptown / Town Center Specific Plan) and any other ”T” zoning districts.
E. Permit Conditions. Each Permit issued pursuant to this Chapter shall be subject to all of the following conditions:
1. The term of each Permit issued pursuant to this Chapter shall be for three (3) years.
Upon the expiration or lapse of any Permit, it shall be of no further force or effect.
2. A copy of the Permit and Good Neighbor Brochure shall be posted in a prominent location inside the Short-Term Rental unit.
3. The Permittee shall require any Renter to sign an agreement acknowledging receipt of the Good Neighbor Brochure and agreement to comply with its terms. If the rental is through a third party hosted on-line platform, the Permittee shall require the third party to provide an on-line link to the Good Neighbor Brochure and a mechanism by which a Renter shall provide an acknowledgement of receipt of the Good Neighbor Brochure and agreement to comply with its terms.
4. The Permittee shall require Renters to utilize the designated on-site parking spaces, to the maximum extent possible.
5. The Permittee shall limit (i) parking on public streets, (ii) overnight occupancy, and (iii) daytime guests of the Short-Term Rental property to the numbers specified in the following table:
Table 21.34.030.3 Short-Term Rental Parking and Occupancy Limits # of Bedrooms
Minimum On-site
Parking
Total # of
Overnight
Occupants
(9 pm. to 7 a.m.)
Maximum # of
Daytime
Occupants
(7 a.m. to 9 p.m.)
0 / 1 bedrooms 1 2 6
2 bedrooms 2 4 8
3 bedrooms 3 6 10
4 bedrooms 4 8 12
5 bedrooms 5 10 14
Exceptions to Table 21.34.030.2.
5.a. The Director may approve exceptions to the parking requirements for shortterm rentals with existing, non-conforming on-site parking deficiencies in all zoning districts.
CC Ordinance 1120 N.S. Page 6 of 10
5b. Children 2 years of age and under are not counted as occupants.
6. The Permittee shall provide access to the garage of the Short-Term Rental if the garage has been included in the determination of the number of available on-site parking spaces.
7. 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 vehicle access area.
8. The Permittee shall provide appropriate refuse and recycling service for the ShortTerm Rental property. Property shall be free of debris both onsite and in the street.
Refuse and recycling cans shall be maintained in a clean and sanitary condition, stored in the approved onsite location, moved to the pickup location no more than 24 hours prior to trash pickup, and returned to storage no more than 24 hours after pickup.
9. The Permittee shall post in a conspicuous interior location near the entry door, an informational sign for Renters with important notices, rules and regulations; immediate contact information for Owner/Agent, Police, and Emergency Services; Hotline telephone number; emergency procedures; site address; maximum allowed number of permitted overnight renters, daytime occupants, and vehicles; neighborhood quiet time regulations; and trash pickup instructions and trash pickup days.
10. The Permittee shall ensure that the Renters and/or Guests of the Short-Term Rental property do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code, including but not limited to any City noise regulations including Chapter 9.07 (Prohibited Conduct).
11. The Permittee shall, upon notification that Renters and/or Guests of the Short-Term Rental property have violated any Permit conditions (including any unreasonable noise or disturbances, disorderly conduct, or violations of this Code or state law), promptly act to stop the violator(s) and prevent a recurrence of the violation, 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.
12. The Permittee shall not allow the Short-Term Rental property to be used for any gathering where the number of persons will exceed the permitted daytime occupancy limits, as set forth in this Section, unless an approved city use permit for a special event has been obtained.
13. The Owner or Authorized Agent must be available to respond to any nuisance complaints within 30 minutes, at all times when the Short-Term Rental is rented, 24- hours a day.
14. The Permittee shall allow the City, upon 24-hour notice from the city, to inspect, with cause, the Short Term Rental for compliance with the requirements of this Chapter.
Permittee shall pay an inspection fee in an amount set by the City Council by resolution for the city’s master fee schedule based on the estimated reasonable cost to perform the inspection.
15. Within 10 days of permit issuance, the Owner or agent shall notify all neighbors, within 100 feet of the perimeter of the property, that a Short-Term Rental Permit has been obtained. Notification will include a copy of the Good Neighbor Brochure and the owner’s name and phone number.
F. Rental Agreements. The Permittee shall enter into a written rental agreement with the Renter of any Short-Term Rental property, or shall enter into an agreement provided by a third party hosted on-line platform, which agreement shall, at a minimum, include the following:
1. The name, address, mobile phone, text and email address of the Renter.
2. The terms and conditions of the rental agreement, including occupancy limits, noise prohibitions and vehicle parking requirements.
CC Ordinance 1120 N.S. Page 7 of 10
3. Acknowledgment by the Renter that he or she is legally responsible for compliance by all occupants of the Short-Term Rental and any guests with the conditions of this Section and the terms of the rental agreement.
4. Acknowledgment by the Renter of receipt of a copy of the Good Neighbor Brochure.
5. Acknowledgment and agreement that the City may inspect the Short-Term Rental property, for cause, upon 24-hours’ notice.
21.34.040 Occupancy and Guest Limits for Short-Term Rentals.
The number of overnight occupants and guests for each Short-Term Rental property shall be limited in accordance with Table 21.34.030.2 and state law, based on the number of Bedrooms identified in the Short-Term Rental Permit.
21.34.050 Short-Term Rental Hotline
A. The City shall establish and maintain a non-emergency Hotline telephone number for the express purpose of receiving complaints regarding the operation of any Short-Term Rental property, and forwarding those complaints to both the Owner and Authorized Agent, if any, for that Short-Term Rental property for immediate resolution of the complaint, and/or, if necessary, to the Paso Robles Police Department if the complaint has not been resolved. Owner/Authorized Agent will be responsible for paying any and all city costs incurred in response to the complaint. The Hotline number and the city complaint policy shall be included in all Permits, the Good Neighbor Brochure, and in all rental agreements for all Short-Term Rental properties. In addition, the city shall post the Hotline number on the city website.
B. The city / Hotline shall maintain a record of complaints received on the Hotline that shall include the following information:
1. Date and time of complaint;
2. Nature of complaint;
3. Address of the Short-Term Rental property that is the subject of the complaint;
4. Complainant’s name, address and contact information; and
5. Actions taken by the Hotline attendant in response to the complaint including, but not limited to: persons contacted, including law enforcement, if applicable, and date and time of actions taken in response to complaint.
6. Corrective action taken by Owner/Authorized Agent in response to complaint.
C. Hotline Response
1. The Owner or Authorized Agent shall resolve the complaint within thirty (30) minutes of being notified of a complaint by the Hotline.
2. The Owner or Authorized Agent shall notify the Hotline attendant of the corrective action taken and results obtained within thirty (30) minutes of being notified of a complaint by the Hotline.
3. If the Owner or Authorized Agent believes the situation is un-safe, they shall immediately contact the Police Department for assistance. Proactively contacting the Police Department for assistance will not be counted as a permit violation.
21.34.060 Enforcement
A. Revocation of Permit. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. At any time during the term of permit, the Director is authorized to initiate proceedings to revoke a Permit (or pursue any other remedy set forth in Title 1 of this Code), if the Director determines in his or her discretion that (i) the Permittee provided materially false or misleading information in any submittal required under this Chapter; or (ii) the Permittee has committed a total of three (3) violations of a combination of any of the violations specified in Section
21.34.060.B within a 365-day period ; or (iii) the Permittee fails to maintain an active business license tax certificate per Chapter 3.28.
In the event the Director determines that any of the conditions described above exists, the Director is authorized to issue an order specifying the violations to be cured. If the Permittee fails to cure the CC Ordinance 1120 N.S. Page 8 of 10
violations identified in the order within the time period specified, the Director may pursue any of the remedies set forth in Title 1 of this Code, including but not limited to the issuance of administrative citations, revocation of permit, criminal prosecution, and/or civil action. The City Council may, by resolution, establish escalating administrative fines for violations of this Chapter. The Applicant or any interested person may appeal the decision of the Director to the planning commission pursuant to the procedures set forth in Chapter 21.23A.
B. Cause for Revocation or Non-Renewal of a Permit
1. Failure to remit required fees and taxes.
2. Attempt to transfer of the permit to another owner
3. Operation for other than the specific purpose of the property as a short-term rental including, but not limited to:
a. Criminal activity, habitual public nuisance, or serial violation of the ordinance take place at, on, or with respect to the short-term rental property; b. Keeping of a disorderly place; that is, the ownership and/or management of any property purported to be a short-term rental where unlawful practices regularly occur will result in the loss of the short-term rental permit; c. Operation of the property for other than the specific purpose of a short-term rental including but not limited to allowing or taking part in dealing of controlled substances, gambling, pandering, or prostitution, or sub-letting for such illegal use or uses;
4. Keeping of a disorderly place, defined as one or more criminal complaints verified within a 365-day period or two or more complaints requiring law enforcement response, also within a 365-day period;
5. The property constitutes a public nuisance pursuant to Section 9.06.030 of the Paso Robles Municipal Code. In addition to any other remedy allowed by law, the City may enforce the provisions of this Ordinance through the provisions Chapter 9.06 of the Paso Robles Municipal Code, including civil, criminal, and administrative abatement proceedings, administrative citations, and penalties.
6. Failing to comply with regulations specified (by written notice) all related corrective measures within a 30-day period;
7. Advertising the short-term rental and purposely not including in the advertisement display the short-term rental permit identification;
8. Failure to comply with the short-term rental occupancy and parking requirements;
9. Failure to maintain solid waste and recycling consistent with short-term rental requirements.
C. Operating without a Permit. Operating a Short-Term Rental without a permit is a violation of the Paso Robles Municipal Code and any person operating a short-term rental without a permit is guilty of a misdemeanor subject to the enforcement process and a fine of not more than $1,000. Each Owner and/or Authorized Agent is guilty of a separate offense for each and every day during any portion of which the violation of this chapter or any rule or regulation promulgated there under is continued.
D. Pursuant to California Government Code Section 38771, the city council hereby declares the following condition to constitute a public nuisance: operating and/or maintaining a ShortTerm Rental without a valid Permit.
E. The penalties in this chapter are in addition to, and not in lieu of, any other available remedy at law. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof or in the abatement of any public nuisance.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
CC Ordinance 1120 N.S. Page 9 of 10
8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 1/19 Chapter 5.95
SHORT TERM LODGING PERMIT
Sections:
5.95.005 Purpose and Findings.
5.95.010 Definitions.
5.95.015 Residential Properties Eligible for Short Term Lodging Permits.
5.95.020 Permit Required.
5.95.025 Agency.
5.95.030 Application for Permit.
5.95.035 Denial of Permit.
5.95.040 Filing Fee.
5.95.042 Maximum Number of Permits.
5.95.043 Transfer of Permit.
5.95.045 Conditions.
5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest.
5.95.050 Agents and Hosting Platform Responsibilities.
5.95.055 Issuance of Administrative Subpoenas.
5.95.060 Violations, Penalties and Enforcement.
5.95.065 Suspensions and Revocations.
5.95.070 Permits and Fees Not Exclusive.
5.95.080 License and Permit Closure.
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5.95.005 Purpose and Findings.
The City Council of the City of Newport Beach finds and declares as follows:
A. An ever-increasing number of tourists renting short term lodging units is increasing the demand for City services and creating adverse impacts in residential zones.
B. Over a thousand dwelling units within residential zones near the City’s beaches and harbor are rented for less than thirty (30) consecutive calendar days with the vast majority of those rentals occurring during the summer when the demand for parking and City services is the greatest.
C. Many of the occupants of short term lodging units are permanent residents of areas distant from Newport Beach and the City has no effective way to prevent occupants from continuing to violate provisions of the this Code and the Penal Code relating to noise, disturbances and disorderly conduct.
The only effective way to minimize the problems associated with occupancy of short term lodging units is to impose responsibility on the owner of the property, either personally or through an agent, to control the conduct of guests and occupants.
D. Numerous incidents involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and accumulation of refuse are directly related to short term lodging units which increasingly require response from police, fire, paramedic and other City services.
E. The increase in demand for City services resulting from short term lodging units overburdens and threatens the City’s ability to provide necessary services.
F. Many short term lodging units are operated by agents and/or absentee owners who exercise little or no supervision or control of occupants.
G. There has been an increase in the number of lodging units booked on a short term basis where the owner of the unit does not have a short term lodging permit, affecting the ability of the City to properly regulate the impacts caused by the illegal operation.
H. There has been an increase in the number of lodging units booked on a short term basis where the owner of the property has not taken steps to ensure the transient occupancy tax and visitor service fee is collected and/or remitted to the City, resulting in an unfair business advantage to these illegal operations and loss of revenue necessary to provide City services.
I. Problems with short term lodgings is particularly acute in residential districts where the peace, safety and general welfare of the long term residents are threatened. 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 3/19 J. To ensure the effective enforcement of this Code, it is necessary to have the owner include the short term lodging permit number issued by the City on all advertisements for a short term lodging unit so the transient user knows the owner is authorized to rent the lodging unit on a short term basis.
K. To ensure the transient user knows the total cost associated with renting the lodging unit and to prevent fraud, it is necessary for the owner to make sure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completing a booking transaction.
L. The restrictions of this chapter are necessary to preserve the City’s housing stock, the quality and character of the City’s residential neighborhoods as well as to prevent and address the impacts on residential neighborhoods posed by short term lodgings. (Ord. 2021-28 § 3, 2021; Ord. 2020-26 § 2, 2020; Ord. 2020-15 § 2 (part), 2020: Ord. 92-13 § 3 (part), 1992)
5.95.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Accessory dwelling unit” shall have the same definition as set forth in Chapter 20.70.
B. “Agent” shall mean any person who is authorized in writing by the owner to represent and act for an owner.
C. “Booking transaction” shall mean any reservation or payment service provided by a person who facilitates a short term lodging rental transaction between a transient user and owner for the use of a unit for a period of less than thirty (30) consecutive calendar days.
D. “City Manager” shall mean the City Manager of the City or his or her designee.
E. “Finance Director” shall mean the Finance Director of the City or his or her designee.
F. “Gross floor area” shall mean the area of the lodging unit that includes the surrounding exterior walls and any interior finished portion of a structure that is accessible and that measures more than six feet from finished floor to ceiling. Stairwells and elevator shafts above the first level shall be excluded from the calculation of gross floor area.
G. “Home-sharing” shall mean an activity whereby the owner hosts a transient user in the owner’s lodging unit, for compensation, for periods of less than thirty (30) consecutive calendar days, during which time the owner of the unit lives on site, in the unit, throughout the transient user’s stay and the owner, the transient user and any other occupants live together in the same unit as a single housekeeping unit.
8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 4/19 H. “Hosting platform” shall mean a person, other than an owner or agent, who participates in the short term lodging business by facilitating a booking transaction using any medium of facilitation.
I. “Lodging unit” or “unit” shall mean a “dwelling unit” as that term is defined in Chapter 20.70. An accessory dwelling unit shall not be considered a lodging unit or unit for purposes of this chapter.
J. “Owner” shall mean the person(s) that hold(s) legal and/or equitable title to the lodging unit.
K. “Person” shall mean any individual and any form of business entity including, but not limited to, all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, or limited liability companies.
L. “Residential district” shall mean those areas of the City so designated by Title 20 as well as any other area in the City designated for a residential use as part of a planned community development plan, specific area plan or planned residential district.
M. “Short term” shall mean a lodging unit that is rented or leased as a single housekeeping unit for a period of less than thirty (30) consecutive calendar days. This also includes home-sharing.
N. “Short term lodging unit registry” shall mean the published registry maintained by the City that sets forth a list of all owners and the address of all units that have a valid short term lodging permit and business license with the City, a copy of which is available, without charge, to any person who requests a copy and which shall be accessible on the City’s website.
O. “Single housekeeping unit” shall have the same definition as set forth in Chapter 20.70.
P. “Transient” or “transient user” shall mean any person or persons who, for any period less than thirty (30) consecutive calendar days either at his or her own expense, or at the expense of another, obtains lodging in a lodging unit or the use of any lodging space in any unit, for which lodging or use of lodging space a charge is made. (Ord. 2020-15 § 2 (part), 2020: Ord. 2013-11 § 27, 2013; Ord. 2008-5 § 20, 2008; Ord. 92-13 § 3 (part), 1992)
5.95.015 Residential Properties Eligible for Short Term Lodging Permits.
Only properties in a residential district that are authorized under Titles 20 and 21 and this chapter shall be eligible for a short term lodging permit.
Subsequent to June 1, 2004, no annual permit shall be issued to or renewed for any dwelling unit on any parcel zoned for “Single-Unit Residential (R-1)” or that is designated for a single-family residential use as part of a planned community development plan, specific area plan or planned residential 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 5/19 district, unless a permit has previously been issued for that lodging unit and the permit was not subsequently revoked. (Ord. 2020-15 § 2 (part), 2020)
5.95.020 Permit Required.
No owner of a lodging unit shall advertise for rent or rent a lodging unit located within a residential district for a short term without a valid short term lodging permit for that unit issued pursuant to this chapter. (Ord. 2020-15 § 2 (part), 2020: Ord. 2004-6 § 1, 2004: Ord. 92-13 § 3 (part), 1992)
5.95.025 Agency.
An owner may retain an agent to comply with the requirements of this chapter, including, without limitation, the filing of an application for an annual permit, the renewal of a permit, the reinstatement of a permit or the transfer of a permit; the management of the short term lodging unit or units; and the compliance with the short term lodging permit conditions. The permit shall be issued only to the owner of the short term lodging unit or units. The owner of the short term lodging unit or units is responsible for compliance with the provisions of this chapter and the failure of an agent to comply with this chapter shall be deemed noncompliance by the owner. (Ord. 2021-28 § 4, 2021; Ord. 2020-26 § 3, 2020; Ord. 2020-15 § 2 (part), 2020: Ord. 92-13 § 3 (part), 1992)
5.95.030 Application for Permit.
An application for an annual short term lodging permit, renewal of a short term lodging permit, reinstatement of a short term lodging permit or transfer of a short term lodging permit shall be filed with the Finance Director upon forms provided by the City.
A. An application for a new permit, renewal permit, the reinstatement of a permit or the transfer of a permit shall contain the following information:
1. The name, address and telephone number of the owner of the unit for which the short term lodging permit is to be issued.
2. The name, address and telephone number of the agent, if any, of the owner of the unit.
3. Evidence of a valid business license issued by the City for the separate business of operating a short term lodging unit or units.
4. The number of bedrooms in the lodging unit.
5. The gross floor area of the lodging unit.
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6. The number of parking spaces available on site and a description indicating the location and size of each parking space.
7. A nuisance response plan, which sets forth the owner’s plan for handling disruptive transient users.
8. A certification that the applicant has reviewed the covenants, conditions and restrictions, if any, and a short term use is permitted at the location pursuant to the terms of the covenants, conditions and restrictions, if any.
9. Acknowledgment of receipt and inspection of a copy of all regulations pertaining to the operation of a short term lodging unit.
10. Such other information as the Finance Director deems reasonably necessary to administer this chapter.
B. An application for the renewal of a short term lodging permit shall be filed within thirty (30) calendar days of the short term lodging permit’s expiration, or the short term lodging permit shall be deemed abandoned.
C. An application for the reinstatement of a short term lodging permit closed by the Finance Director pursuant to Section 5.95.080 shall be filed within thirty (30) calendar days of the date the permit was closed by the Finance Director, or the short term lodging permit shall be deemed abandoned.
D. An application for the reinstatement of a previously suspended short term lodging permit shall be filed within thirty (30) calendar days of the end of the suspension period, or the short term lodging permit shall be deemed abandoned.
E. If any application is deemed incomplete, which shall be determined in the sole discretion of the Finance Director, the application shall be completed within thirty (30) calendar days of the service of notice that the application is incomplete, which shall be served in accordance with Section 1.08.080, or the application and any associated permit shall be deemed abandoned.
F. If good causes exist, as determined in the sole discretion of the Finance Director, the Finance Director may extend the deadlines set forth in subsections (B) through (E) of this section.
G. For purposes of calculating the maximum number of permits under Section 5.95.042, a short term lodging permit shall be deemed valid until the applicable permit has been deemed abandoned. 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 7/19 (Ord. 2021-28 § 5, 2021; Ord. 2020-26 § 4, 2020; Ord. 2020-15 § 2 (part), 2020: Ord. 92-13 § 3 (part), 1992)
5.95.035 Denial of Permit.
If permits are available for issuance, no timely application filed by an owner for an annual permit, renewal of a permit, reinstatement of a permit or transfer of a permit for a unit eligible to be used as a short term lodging unit, as provided for in Section 5.95.015 and this Code, shall be denied unless: the owner does not have a current valid business license; the owner has failed to pay transient occupancy tax, the visitor service fee, a penalty, a fine or inspection cost, due and owing to the City; the nuisance response plan is deemed inadequate by the Finance Director; or the short term lodging permit for the same unit and issued to the same owner has been revoked. (Ord. 2021-28 § 6, 2021; Ord. 2020-26 § 5, 2020; Ord. 2020-15 § 2 (part), 2020: Ord. 92-13 § 3 (part), 1992)
5.95.040 Filing Fee.
An application for a new annual permit, the renewal of an existing permit, the reinstatement of a permit, or the transfer of a permit shall be accompanied by a fee established by resolution of the City Council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter and for providing the answering service. (Ord. 2021-28 § 7, 2021; Ord. 2020-26 § 6, 2020; Ord. 2020-15 § 2 (part), 2020: Ord. 92-13 § 3 (part), 1992)
5.95.042 Maximum Number of Permits.
A. The maximum number of short term lodging permits shall be limited to one thousand five hundred fifty (1,550) permits at any time. If there are more than one thousand five hundred fifty (1,550) valid permits that have been issued as of the effective date of the ordinance codified in this section, an owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of this chapter; however, no new permit shall be issued to anyone on the waiting list, as described in subsection (D) of this section, until the total number of permits does not exceed the one thousand five hundred fifty (1,550). For purposes of calculating the maximum number of permits available, a permit shall be deemed valid and unavailable until it is abandoned in accordance with Sections 5.95.030(B) through (F), and/or Section 5.95.043(B). To avoid wholesale conversion of existing and new housing complexes into short term lodgings, multi-unit developments with five or more units may permit a maximum of twenty (20) percent of the total number of units to be short term lodgings (rounded down to the nearest whole number).
B. An owner who has a short term lodging permit, or an owner seeking to reinstate a short term lodging permit that has not been abandoned in accordance with Sections 5.95.030(B) through (F), 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 8/19 shall have priority to renew or reinstate the permit over anyone on the waiting list, as described in subsection (D) of this section.
C. An owner seeking to transfer a valid short term lodging permit that files an application within the time frames set forth in Section 5.95.043(A) shall have priority to transfer the permit over anyone on the waiting list, as described in subsection (D) of this section.
D. If the City has issued the maximum number of permits available, the City shall maintain a waiting list. An application for placement on the waiting list shall be submitted to the Finance Director, on a form approved by the Finance Director, and shall be accompanied by a fee established by resolution of the City Council. In the event a short term lodging permit becomes available, the Finance Director shall notify the person or persons next in order on the waiting list. The notice shall specify that applications will be accepted for ten (10) calendar days after the date of the notice, and that failure to apply within the ten (10) calendar-day period shall result in removal of the person or persons receiving notice from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. The City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. (Ord. 2021-28 § 8, 2021; Ord. 2020-26 § 7, 2020)
5.95.043 Transfer of Permit.
A. A short term lodging permit that is valid, and has not been abandoned in accordance with Sections 5.95.030(B) through (F), may be transferred to any of the following:
1. If the owner transfers the ownership of the lodging unit to an inter vivos trust, family trust, or other similar type of trust estate, a valid short term lodging permit may be transferred to the inter vivos trust, family trust, or other similar type of trust estate, if an application to transfer a valid permit, in accordance with Section 5.95.030, is filed within three hundred sixty-five (365) days of the date title is transferred to the inter vivos trust, family trust, or other similar type of trust estate.
2. If the owner transfers the ownership of the lodging unit to a corporation, limited liability company, partnership, limited partnership, or similar business entity, a valid short term lodging permit may be transferred to the business entity, if an application to transfer a valid permit, in accordance with Section 5.95.030, is filed within three hundred sixty-five (365) days of the date title is transferred to the business entity.
3. If the owner transfers the ownership of the lodging unit to an immediate family member, which shall include a spouse, domestic partner, child, stepchild, grandchild, parent, stepparent, 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 9/19 mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great-grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin (that is, a child of an aunt or uncle), a valid short term lodging permit may be transferred to the immediate family member, if an application to transfer a valid permit, in accordance with Section 5.95.030, is filed within three hundred sixty-five (365) days of the date title is transferred to the immediate family member.
4. If the owner sells the lodging unit to a bona fide purchaser for value, a valid short term lodging permit may be transferred to the purchaser, if an application to transfer a valid permit is filed in accordance with Section 5.95.030, within sixty (60) days of the date title is transferred to the purchaser.
5. If the owner is deceased, the short term lodging permit for the short term lodging unit may be transferred to the heir(s) once the estate is closed and the assets distributed, if an application to transfer a valid permit is filed in accordance with Section 5.95.030, within ninety (90) days of the date the heir(s) becomes the owner of the short term lodging unit.
B. The deadlines set forth in subsection (A) of this section are established for purposes of setting deadlines for the transfer of a valid permit that has not been deemed abandoned in accordance with Sections 5.95.030(B) through (F). The deadlines set forth in subsection (A) of this section shall not extend the deadlines set forth in or in accordance with Sections 5.95.030(B) through (F). Authorization to transfer a valid short term lodging permit shall be deemed waived and the permit abandoned if an application is not filed to transfer a permit in accordance with the deadlines set forth in this section. (Ord. 2021-28 § 9, 2021; Ord. 2020-26 § 8, 2020)
5.95.045 Conditions.
A. All permits issued pursuant to this chapter are subject to the following standard conditions:
1. The owner shall prohibit a lessee of a lodging unit from renting the lodging unit to a transient user for a short term and from home-sharing.
2. The owner shall not rent a lodging unit to a transient user that is under the age of twenty-five (25).
3. The owner shall enter into a written agreement with the transient user that requires:
a. All persons residing in the short term lodging unit to live together as a single housekeeping unit; and
8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 10/19 b. Limits the overnight occupancy of the short term lodging unit to the maximum permitted by the building code and fire code.
4. The owner shall ensure that the transient user complies with all terms of the written agreement set forth in subsection (A)(3) of this section.
5. The owner shall use best efforts to ensure that the transient user, occupants and/or guests of the short term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs.
6. The owner shall, upon notification that any transient user, occupant and/or guest of his or her short term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest.
7. The owner of the short term lodging unit shall use best efforts to ensure compliance with all the provisions of Title 6.
8. The owner of the short term lodging unit shall provide the transient user with a copy of Sections 5.95.047, 10.28.007, 10.28.010, 10.28.020, 10.58.030, and 10.66.020.
9. The owner of the short term lodging unit shall provide the transient user with a copy of the good neighbor policy created by the City and available on the City website, post a copy of the short term lodging permit and post a copy of the conditions set forth in this subsection in a conspicuous place within the unit. The notice shall be in substantial compliance with a template created by the City, which shall be available on the City website, and contain the following:
a. The name of the local contact person(s) and phone number at which that person(s) may be reached on a twenty-four (24) hour basis. The local person(s) must be located within twenty-five (25) miles of the unit and shall respond to any call related to the unit within thirty (30) minutes;
b. The number and location of on-site parking spaces;
c. The street sweeping schedule for all public rights-of-way within three hundred (300) feet of the unit;
8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 11/19 d. The trash collection schedule for the unit, and the Code rules and regulations concerning the timing, storage and placement of trash containers and recycling requirements;
e. Notification that no amplified sound or reproduced sound is allowed outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m.; and f. Notification that any transient user, occupant or guest is responsible for all activities occurring on the property and that any transient user, occupant or guest may be cited and fined for creating a disturbance or violating any provision of this Code.
10. With respect to any short term lodging unit that is located in any safety enhancement zone, the owner of the unit and any agent retained by the owner shall take immediate action during the period that the safety enhancement zone is in effect to prevent any transient user, occupant or guest from engaging in disorderly conduct or committing violations of this Code or state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs.
11. The owner shall:
a. Ensure that all transient occupancy taxes and visitor service fees are collected and remitted to the City and otherwise comply with all transient occupancy tax and visitor service fee requirements, as set forth in Chapters 3.16 and 3.28. b. If the owner uses an agent to collect and remit the transient occupancy tax and the visitor service fee, either voluntarily or as directed by the City, the owner shall be responsible for ensuring that the agent collects and remits the transient occupancy tax and the visitor service fee to the City pursuant to the requirements set forth in this chapter and Chapters
3.16 and 3.28.
c. If the Finance Director directs, in writing, a hosting platform to collect and remit the transient occupancy tax and the visitor service fee, the owner shall: (i) be responsible for ensuring that the hosting platform collects and remits the transient occupancy tax and the visitor service fee to the City in accordance with this chapter; and (ii) when filing a return in accordance with Sections 3.16.070 and 3.28.040, the owner shall provide the City with a copy of all receipts showing the date the short term lodging unit was rented, the name of the hosting platform, the amount of transient occupancy tax and visitor service fee collected by the hosting platform, and proof that the transient occupancy tax and visitor service fee was remitted to the City.
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12. The owner shall provide the City with the name and twenty-four (24) hour phone number of a local contact person(s) (who resides within twenty-five (25) miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within thirty (30) minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide a new local contact person and his or her phone number within five business days, if there is a change in the local contact person(s).
13. The owner shall ensure that all available parking spaces on site, which may include garage, carport, and driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall inform the transient user, occupant and/or guest that street parking may not be available.
14. The owner shall maintain a valid business license and short term lodging permit when engaging in short term lodging.
15. The owner shall include the City issued short term lodging permit number on all advertisements for the rental of the short term lodging unit and shall ensure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completion of the booking transaction.
16. The owner shall ensure that a permitted short term lodging unit is only used for residential purposes and not used for nonresidential uses, including, but not limited to, large commercial or non-commercial gatherings, commercial filming and/or nonowner wedding receptions.
17. The owner shall ensure that no amplified sound or reproduced sound is used outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m. and that the transient user does not violate the requirements set forth in this chapter and Chapters 10.28,
10.58 and 10.66.
18. The owner shall comply with the nuisance response plan submitted with the application for a short term lodging permit and approved by the Finance Director.
19. The owner shall allow the City to inspect the short term lodging unit to confirm the number of bedrooms, gross floor area, and number/availability of parking spaces, seven calendar days after the City serves the owner with a request for inspection in accordance with Section 1.08.080.
If, based on the inspection, it is determined that the information submitted to the City in accordance with Section 5.95.030 was false, in addition to any other remedy set forth in this chapter, the owner agrees that the owner shall be liable for the cost of conducting the inspection. 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 13/19
20. The owner shall provide the City with a copy of any written rental agreement(s) and the good neighbor policy, within seven calendar days after the City serves the owner with a notice of request for written rental agreements and the good neighbor policy in accordance with Section
1.08.080.
21. Neither an owner nor the owner’s agent shall rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than two consecutive nights.
22. The owner shall:
a. Require every transient user and guest of the transient user to comply with all State and local laws that regulate parking while staying at or visiting the short term lodging unit; b. Require every transient user to provide the owner with the license plate number for all vehicles which are used by the transient user or the transient user’s guest while staying at or visiting the short term lodging unit; and
c. Provide the City with the vehicle license plate number(s) for every vehicle which was used by the transient user or the transient user’s guest while staying at or visiting the short term lodging, within seven calendar days after the City serves the owner with a notice of request for the vehicle license plate number(s) in accordance with Section 1.08.080.
23. The owner shall ensure that any transient user or transient user’s guest complies with all State and local laws that regulate parking while the transient user or transient user’s guest is staying at or visiting the short term lodging unit. For purposes of this condition, a transient user or transient user’s guest shall be presumed to be staying at or visiting a short term lodging unit if a parking citation is issued to the transient user or the transient user’s guest within one hundred (100) feet of the property line of the short term lodging unit during the time the transient user is renting the short term lodging unit.
B. The City Manager shall have the authority to impose additional standard conditions, applicable to all short term lodging units, as necessary to achieve the objectives of this chapter.
C. The City Manager shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions to the permit or the provisions of this chapter subject to compliance with the procedures specified in Section 5.95.065. (Ord. 2021-28 § 10, 2021; Ord. 2020- 26 §§ 9, 10, 2020; Ord. 2020-15 § 2 (part), 2020: Ord. 2003-5 § 10, 2003: Ord. 92-13 § 3 (part), 1992.
Formerly 5.95.050)
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5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest.
A. In addition to other provisions of this Code, it shall be unlawful for any transient user, occupant or guest of a short term lodging unit to:
1. Exceed the overnight occupancy limit designated for the short term lodging unit.
2. Use street parking prior to utilizing all available on-site parking space(s) for the lodging unit.
3. Place trash for collection in violation of this Code’s rules and regulations concerning:
a. The timing, storage or placement of trash containers; or b. Recycling requirements.
4. Amplify or reproduce sound between the hours of 10:00 p.m. and 10:00 a.m.:
a. Outside of the lodging unit; or
b. That is audible from the property line for the lodging unit.
5. Use the short term lodging for any nonresidential purpose, including, but not limited to, large commercial or noncommercial gatherings, commercial filming and/or nonowner wedding receptions.
6. Rent a lodging unit to any person for a short term.
B. In addition to other provisions of this Code, it shall be unlawful for any lessee to rent a lodging unit to any transient user for a short term. (Ord. 2020-26 § 11, 2020; Ord. 2020-15 § 2 (part), 2020)
5.95.050 Agents and Hosting Platform Responsibilities.
A. If directed to do so by the Finance Director, in writing, agents or hosting platforms shall:
1. Collect all applicable transient occupancy taxes and visitor service fees that are imposed on the transient, pursuant to Chapters 3.16 and 3.28, from the transient, or from the person paying for such rental, at the time payment for such rental is made; and
2. Remit to the City any transient occupancy taxes or visitor service fees collected by the hosting platform or agent to the City before the last day of the month following the close of each calendar quarter or on the day specified by the Finance Director if a different reporting period has been established.
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B. Subject to applicable laws, agents and hosting platforms shall disclose to the City on a regular basis each home-sharing and vacation rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.
C. Agents and hosting platforms:
1. Shall prompt any person utilizing their advertising services to include the City-issued registration number in their listing(s), in a format designated by the City and shall not advertise any short term lodging unit where a registration number is not provided. Upon notice from the City that a listing is noncompliant, agents and hosting platforms shall cease any short term rental booking transactions for said listing(s) within five business days. An agent or hosting platform shall not complete any booking transaction for any short term lodging unit subject to a City notice that a unit is noncompliant, until notified by the City that the short term lodging unit follows the local registration requirement.
2. Shall not collect or receive a fee, directly or indirectly, for facilitating or providing services ancillary to an unpermitted short term lodging unit including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the short term lodging unit.
D. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (A), (B), and (C) of this section, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this chapter.
E. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, such law(s). (Ord. 2020-15 § 2 (part), 2020)
5.95.055 Issuance of Administrative Subpoenas.
The City Manager shall have the authority to issue and serve administrative subpoenas to the owner, agent or hosting platform, as necessary, to obtain specific information regarding short term rental 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 16/19 listings located in the City, including but not limited to the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the short term rental listing complies with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty (30) calendar days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty (30) calendar day period. Failure to respond to an administrative subpoena in accordance with the terms set forth therein shall be punishable in accordance with Section 5.95.060 and the City may file a judicial action to compel compliance with the subpoena. (Ord. 2020-15 § 2 (part), 2020)
5.95.060 Violations, Penalties and Enforcement.
A. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter.
B. In addition to, or separate from, the foregoing criminal penalties, any person violating any of the provisions or failing to comply with any of the requirements of this chapter is subject to the issuance of an administrative citation pursuant to the provisions of Section 1.04.010(E) and Chapter 1.05. (Ord. 2020-15 § 2 (part), 2020: Ord. 2011-13 § 2 (part), 2011: Ord. 2003-5 § 11, 2003: Ord. 92-13 § 3 (part), 1992)
5.95.065 Suspensions and Revocations.
In addition to any fine or penalty that may be imposed pursuant to any provision of this Code including, but not limited to, Section 5.95.060, a short term lodging permit for a unit may be suspended or revoked as provided in this section.
A. Suspensions/Revocations.
1. Except as otherwise provided in this subsection, if any person violates any short term lodging permit condition two or more times in any twelve (12) month period or any other provision of this Code, state law or federal law, two or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be suspended for a period of six months in accordance with subsection (B) of this section.
2. In the case of a short term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this Code during the period that the safety enhancement zone is in effect, the short term lodging permit for the unit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 17/19
3. If a lodging unit that is subject to a short term lodging permit has been the location of two or more loud or unruly gatherings, as defined in Chapter 10.66, while the lodging unit was occupied on a short term basis, within any twenty-four (24) month period, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. A loud or unruly gathering that occurred prior to the passage of fourteen (14) calendar days from the mailing of notice to the owner in compliance with Section 10.66.030(D) shall not be included within the calculation of the two or more loud or unruly gatherings required to revoke a short term lodging permit.
4. If a person violates Section 5.95.020 regarding any unit that has had a short term lodging permit suspended pursuant to subsection (B) of this section, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
5. If any person violates any short term lodging permit condition or any other provision of this Code, state or federal law within six months of having a previously suspended short term lodging permit reinstated for a unit, and the violation relates in any way to the unit that has the short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
6. If any person violates any short term lodging permit condition three or more times in any twelve (12) month period or provision of this Code, state or federal law three or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in regards to any unit that has a short term lodging permit, two or more times within any thirty-six (36) month period, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
8. If any person is determined to have provided false information on an application for an annual short term lodging permit, or renewal thereof, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
B. Permits shall be suspended or revoked, only in the manner provided in this section.
1. The Finance Director shall investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 18/19 permit condition, this Code, state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on-site property inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension or revocation of the short term lodging permit, the Finance Director shall issue written notice of intention to suspend or revoke the short term lodging permit. The written notice shall be served on the owner in accordance with Section 1.08.080, and shall specify the facts which, in the opinion of the Finance Director constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short term lodging permit shall be suspended and/or that the short term lodging permit shall be revoked within thirty (30) calendar days from the date the notice is given, unless the owner files with the Finance Director, before the suspension and/or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the City, and pays the fee for the hearing established by resolution of the City Council.
2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (B)(1) of this section, the Finance Director shall serve written notice on the owner, pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than fifteen (15) calendar days, nor more than sixty (60) calendar days, from the date on which notice of the hearing is served by the Finance Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within thirty (30) calendar days of the hearing and the decision shall be final.
C. If a short term lodging permit is suspended, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit during the term of the suspension. If a short term lodging permit is revoked, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit.
D. After any suspension, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and Chapters 3.16 and 3.28. (Ord. 2020-15 § 2 (part), 2020: Ord. 2011-13 § 2 (part), 2011: Ord. 92-13 § 3 (part), 1992) 8/31/23, 3:01 PM Chapter 5.95 SHORT TERM LODGING PERMIT https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach05/NewportBeach0595.html 19/19
5.95.070 Permits and Fees Not Exclusive.
Permits and fees required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. The issuance of any permit pursuant to this chapter shall not relieve the owner of the obligation to comply with all other provisions of this Code including, but not limited to, those provisions pertaining to the use and occupancy of the lodging unit or the property on which it is located as well as the collection and remittance of transient occupancy taxes and visitor service fees in accordance with this chapter and Chapters 3.16 and 3.28. (Ord. 2020-15 § 2 (part), 2020: Ord. 92-13 § 3 (part), 1992)
5.95.080 License and Permit Closure.
A. Any owner that has ceased operating a short term lodging unit shall inform the Finance Director in writing of the date of the last rental, and having done such, the short term lodging permit shall be closed. The City will send a final transient occupancy tax and visitor service fee bill, which will be due and payable thirty (30) days from the date of the invoice.
B. The Finance Director shall close any permit that has no short term lodging activity for a period of two consecutive years as evidenced by remitting zero dollars ($0.00) on the required transient occupancy tax and visitor service fee forms or has failed to return the transient occupancy and visitor service forms. After any permit closure pursuant to this subsection, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section
5.95.030. (Ord. 2020-15 § 2 (part), 2020)
The Newport Beach Municipal Code is current through Ordinance 2023-13, passed August 22, 2023.
Disclaimer: The City Clerk’s office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://www.newportbeachca.gov/
City Telephone: (949) 644-3005
Code Publishing Company
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TRANSIENT LODGING
Sections:
Article I. In General
3.50.010 Purpose of chapter.
Article II. Transient Occupancy Tax
3.50.040 Consideration for occupancy.
3.50.050 Tax imposed – Payment of tax by transient.
3.50.060 Allocation of funds.
3.50.070 Exemptions from applicability of tax.
3.50.080 Collection of tax by operators – Advertisement that tax will not be collected, etc., prohibited.
3.50.090 Registration of operators.
3.50.100 Registration of rental agents.
3.50.110 Reporting and remitting of transient occupancy tax.
3.50.130 Failure to collect and remit tax – Penalties.
3.50.140 Security for collection of tax.
3.50.150 Administration.
3.50.160 Refunds.
3.50.170 Records to be kept.
3.50.230 Warrant for collection of tax.
3.50.240 Seizure and sale.
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3.50.250 Required information to be shown.
3.50.260 Register to be kept for three years.
3.50.270 Inspection of register.
3.50.280 Fictitious registration.
3.50.290 Law to be posted.
Article IV. Transit Vehicles
3.50.300 Parking for chartered transit vehicles.
Article V. Vacation Home Rentals
3.50.370 Definitions.
3.50.380 Vacation home rentals – General provisions.
3.50.390 Vacation home rental application procedures.
3.50.400 Expiration and renewal of vacation home rental permits.
3.50.410 Review, issuance and denial of vacation home rental permit applications.
3.50.420 Revocation of vacation home rental permit.
3.50.430 Appeal from director of development services’ determination.
3.50.440 Conditions of operation.
3.50.450 Enforcement.
3.50.460 No property rights conferred.
Prior legislation: Code 1997 §§ 28A-68 through §§ 28A-83, Ords. 928, 936, 990, 991, 994, 1030, 1046, 1067, 1086 and 1092.
Article I. In General
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3.50.010 Purpose of chapter.
In enacting this chapter, it is the intent of the council to consolidate in one chapter of the city code all regulations imposed upon the transient lodging industry, including the transient occupancy tax. (Ord. 292 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-1)
Article II. Transient Occupancy Tax
3.50.040 Consideration for occupancy.
The following fees, charges, costs or rates shall not be deemed consideration for occupancy in a transient lodging facility: refundable pet deposits, movie/DVD/VCR fees, cancellation fees, cancellation insurance fees, concierge/stocking fees, mini bar fees, damage/breakage fees, telephone charges, parking, actual costs of goods and services included in “package plans,” restaurant and gift shop revenue, complimentary/donations of rooms. All other fees, charges, costs or rates shall be deemed consideration for occupancy in a transient lodging facility, including but not limited to resort fees, Internet fees, cleaning fees, pet cleaning fees, and online booking fees and charges. Any fees, charges, costs or rates not set forth in this section shall be deemed consideration for occupancy in a transient lodging facility subject to the discretion of the finance director.
Package plan revenue must be detailed on the receipts, listing out the room rate and tax separate from anything else that may be included in the price of the package plan, such as lift tickets, dinners, etc. Failure to itemize will result in an assessment of penalties and interest on the entire cost of package plans.
Owners shall not be subject to transient occupancy tax for any fees associated with personal occupancy of their property.
Transient occupancy tax shall be charged to all governmental employees occupying a transient lodging facility except employees of the federal government on official business and in such instances, documentation of travel by a federal government employee on official business must be retained and submitted to the finance director. (Ord. 935 § 1; Ord. 980 § 1; Ord. 1105 § 1 (Exh. B); Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-4)
3.50.050 Tax imposed – Payment of tax by transient.
For the privilege of occupancy in any transient lodging facility within the city, each transient is subject to and shall pay in the amount of 14 percent of rent charge on all newly constructed visitor accommodations within the redevelopment project area and those existing properties within the redevelopment project area which undergo substantial renovation with the participation and consent of the owner under the redevelopment plan, and 12 percent of the rent charged on all other transient 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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It is the intention of the city council, that, if any tax imposed under this title is for any reason held to be unconstitutional or contrary to state law, it is the intent of the city council that the tax which would have been imposed had this ordinance not been adopted shall remain in effect.
The city council of the city of South Lake Tahoe may delete, restore, amend or alter any of the provisions of this title and any provision of the city of South Lake Tahoe city code affected by this title; provided, that such action does not establish any new tax or increase any existing tax. (Ord. 294 § 2; Ord. 420 § 1; Ord. 631 § 1; Ord. 790 § 1; Ord. 861 § 1; Ord. 867 § 1; Ord. 924 § 1; Ord. 980 § 1; Ord. 1100 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-13)
3.50.060 Allocation of funds.
Allocation of monies collected pursuant to this chapter is set forth by South Lake Tahoe Resolution No. 2004-19.
Wherever the term “visitor promotion” appears within such resolution or is used within the SLTCC, the term shall have the following meaning:
A. Any media advertising or other promotional program designed to attract visitors to the South Shore of Lake Tahoe;
B. Programs designed or intended to promote the lodging, conference, or other visitor facilities at the South Shore;
C. Programs designed or intended to improve or enhance the capital facilities, environmental, or recreational amenities of the city of South Lake Tahoe so as to attract new or return visitors to the South Shore.
Monies appropriated for visitor promotion purposes as defined herein shall not be used to fund any municipal program or service which existed prior to the effective date of the predecessor section hereto which was not devoted to visitor promotion. (Ord. 631 § 1; Ord. 675 § 1; Ord. 790 § 3; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-13.1)
3.50.070 Exemptions from applicability of tax.
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No tax shall be imposed upon a transient occupying a hotel pursuant to a qualifying rental agreement or a uniform transient occupancy tax exemption form filled out and entered into prior to or on the first day of occupancy. If agreement is terminated prior to the thirtieth day, transient occupancy tax is due for all days that the transient occupied the hotel.
Lodging operators and/or agents accepting reservations for lodging for governmental entities shall advise the governmental entity representative requesting such accommodations that a refund of the tax may be requested from the city of South Lake Tahoe upon submittal of an approved claim by the governmental entity in accordance with the provisions of SLTCC 3.50.160. (Ord. 294 § 2; Ord. 818 § 1; Ord. 980 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-14)
3.50.080 Collection of tax by operators – Advertisement that tax will not be collected, etc., prohibited.
Each operator shall collect the tax imposed by this article to the same extent and at the same time as the rent is collected from every transient. Each transient shall receive a receipt for payment from the operator indicating the room rate and the amount of transient occupancy tax assessed based upon the percentage assessed in SLTCC 3.50.050. (Ord. 294 § 2; Ord. 572 § 1; Ord. 739 § 1; Ord. 790 § 2; Ord. 924 § 2; Ord. 980 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-15)
3.50.090 Registration of operators.
Within 30 days after commencing business, each operator of any transient lodging facility renting occupancy to transients shall register such transient lodging facility with the tax collector and obtain a business and professions tax certificate which shall at all times be posted in a conspicuous place on the premises of the lodging facility. (Ord. 294 § 2; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-16)
3.50.100 Registration of rental agents.
Within 30 days after first acting as a rental agent with respect to a unit of a transient lodging facility within the city, each rental agent shall register with the tax collector.
Rental agents shall not be required to comply with the provisions of SLTCC 3.50.090. (Ord. 294 § 2; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-17)
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3.50.110 Reporting and remitting of transient occupancy tax.
A. Each operator and rental agent shall, on or before the fifteenth day of each month or at the close of the reporting period, make a return to the finance department on forms provided by that office showing the total taxable gross charged and received, the amount of tax collected, and the number of rooms occupied during the month or any other reporting period immediately preceding, and all copies of the uniform transient occupancy tax exemption forms totaling the amount of allowable exemptions for the reporting period. Exemptions will not be considered without a completed uniform transient occupancy tax exemption form or a qualifying rental agreement (when applicable to occupancy over 30 consecutive days).
B. Reporting periods shall be set as follows: Monthly reporting periods shall run from the first day of a given month through the last day of that month; quarterly reporting periods shall run for the periods of January through March, April through June, July through September and October through December.
C. Operators and rental agents shall not make returns to the finance department or the city more than once a month and pursuant to subsection (A) of this section.
D. At the time the return is filed the full amount of the tax collected shall be remitted to the city. If the fifteenth day of the month falls on a weekend or city-observed holiday, the due date will be the next following business day. Postmarks are not accepted and returns must physically be in the office of the tax collector on the fifteenth day of the month. If exemptions claimed do not match the uniform transient occupancy tax exemption forms remitted, additional tax will be due, including penalties and interest. The finance director may establish shorter reporting periods for any certificate holder if deemed necessary to ensure collection of the tax and may require additional information in the return.
Returns and payments are due upon the cessation of business for any reason. All taxes collected by operators pursuant to this article shall be held in trust for the account of the city until payment thereof is made to the city. (Ord. 294 § 2; Ord. 702 § 1; Ord. 965 § 1; Ord. 980 § 1; Ord. 1109 § 1 (Exh. A).
Code 1997 § 28A-18)
3.50.130 Failure to collect and remit tax – Penalties.
A. Original Delinquency. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of 10 percent of the amount of the tax, in addition to the amount of the tax.
B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10 percent of the amount of the tax, in addition to the amount of tax and the 10 percent penalty first imposed.
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https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 7/28 C. Fraud. If the tax collector determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of 25 percent of the amount of tax shall be added thereto in addition to the penalties stated in subsections (A) and (B) of this section.
D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this article shall pay interest at the rate of one and one-half percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
E. Penalties Merged with Tax. Every penalty imposed and such interest as accrued under the provisions of this section shall become a part of the tax required to be paid.
F. Charge for Audits and Collection of Attorney’s Fees. A reasonable fee equal to the city’s costs for the audit of transient occupancy tax accounts shall be charged to the owner and/or operator of the transient lodging facility where unpaid taxes are discovered as a result of the audit. If the city is the prevailing party in litigation filed to collect taxes, penalties, and/or interest due under this chapter, the city shall be entitled to recover reasonable attorney’s fees and costs engendered by said litigation from the owner and/or operator of the transient lodging facility.
G. If the operator fails or refuses to collect said tax and to make any report and remittance of said tax or any portion thereof as required by this chapter, the director of finance, or his/her designee, shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of the tax due. As soon as the director of finance, or his/her designee, shall procure such facts and information as he/she is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and make such report and remittance, the director of finance, or his/her designee, shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this article.
In the case that such a determination is made, the director of finance, or his/her designee, shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, addressed to the operator at his last known place of address. The operator may appeal the tax collector’s determination pursuant to Chapter 2.35 SLTCC.
H. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof, to prevent or enjoin the collection of taxes sought to be collected pursuant to this chapter and payment of all taxes, interest and penalties shall be required as a condition precedent to seeking judicial review of any tax liability. (Ord. 294 § 2; Ord. 669 § 1; Ord. 710 § 1; Ord. 780 § 1; Ord. 965 § 1; Ord. 980 § 1; Ord. 1006 § 1 (Exh. A); Ord. 1105 § 1 (Exh. B); Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-20) 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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3.50.140 Security for collection of tax.
A. To ensure compliance with transient occupant tax payment requirements, the tax collector shall require each person subject to such requirements to deposit with the city a noninterest bearing security in the form of cash or cash equivalent in the amount required by the terms hereof. The required security shall be equal to an amount not greater than twice the person’s estimated average liability for the period for which a return must be filed or the sum of $20,000, whichever is less. At any time after the amount of the initial deposit is determined, the amount of the security deposit may be determined on current information and recent reporting and payment history if the secured amount is deemed insufficient by the tax collector.
B. If any person is delinquent in the payment of the amount required to be paid or in the event a determination has been made that an amount due remains unpaid, the tax collector may, not later than three years after the payment became delinquent, give notice thereof by certified mail to all persons in the county having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the tax collector consents to a transfer or disposition or until 20 days elapse after the receipt of the notice. All persons so notified shall within five days after the receipts of the notice advise the tax collector of all such credits, other personal property or debts in their possession, under their control or owing by them.
C. At any time within three years after any tax or any amount of tax required to be collected becomes due and payable or at any time within three years after any determination becomes final, the tax collector may bring an action in the courts of this state or any other state or of the United States in the name of the city to collect the amount delinquent together with penalties and interest.
D. If any owner and/or operator of any business or the real property upon which such business is operated sells, transfers, assigns, leases or otherwise quits the business, any person who takes ownership or operation of the business and/or real property upon which such business is operated shall, in escrow, or otherwise, pay such amount in full. The amount to be paid shall be determined by an audit for the last three fiscal years of the property being transferred conducted by the city, less the security deposit, if any, held by the city. No escrow shall be allowed to close concerning any property subject to this chapter unless sufficient funds are retained in escrow to cover any delinquency and paid over to the city from the escrow upon demand; provided, however, that such audit shall, in all cases, be completed within a reasonable period of time after all records necessary to the audit have been provided to the city. All sums deemed due the city at the completion of the audit shall be paid to 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 9/28 the city at the completion of the audit by the escrow holder upon written demand of the finance director.
If any such owner or operator of the business and/or the real property upon which the business is operated, or any escrow holder, fails to pay, withhold, or insure the withholding of the required sum, such person shall be liable for all monies due the city.
No city permit or entitlement of any type shall be issued to the successor, owner or operator of any transient lodging facility if transient occupancy taxes remain unpaid.
E. Notice shall be recorded with the El Dorado County recorder’s office on every transient lodging facility containing more than two units, as defined in SLTCC 3.00.010. The following notice shall appear with regard to such properties:
Pursuant to this chapter, if any owner or operator liable to the city for any amount of transient occupancy tax or security deposit sells, transfers or assigns the property, the purchasers or successors of such person shall, in escrow, hold sufficient funds to pay such amount in full. The amount shall be determined by audit as described in SLTCC
3.50.140(D).
If any person fails to pay or withhold the required sum, or allows escrow to close without satisfaction in cash of the amount owed to the city, such person shall be personally liable.
F. If any amount of transient occupancy tax or security deposit required to be remitted or paid to the city under this section is not remitted or paid when due, the city finance director or his/her designee may, within three years after the amount is due, file for record in the office of the El Dorado County recorder a certificate specifying the amount of tax, penalties and interest due, the name and address as it appears on the records of the city finance administrator of the owner and/or operator liable for that amount, and the fact that the city finance director has complied with all provisions of this section in the determination of the amount required to be paid to the city.
From the date of the filing for record, the amount required to be remitted together with penalties and interest constitutes a lien upon all real property in the county owned by the operator and/or owner, and any real property acquired by him/her at any subsequent date but before the lien expires. The lien has the force, effect and priority of a judgment lien and shall continue for 10 years from the time of filing of the certificate unless sooner released or otherwise directed. (Ord. 294 § 2; Ord. 442 § 1; Ord. 680 § 1; Ord. 722 § 1; Ord. 780 § 2; Ord. 848 § 1; Ord. 980 § 1; Ord. 1109 § 1 (Exh. A); Ord. 1167 § 1. Code 1997 § 28A-21)
3.50.150 Administration.
The provisions of Chapter 3.20 SLTCC shall be applicable to the taxes imposed by this article. (Ord. 294 § 2; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-22)
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3.50.160 Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this article, it may be refunded as provided in subsections (B), (C), (D) and (E) of this section; provided, that a claim therefor, in writing, stating under penalty of perjury the specific grounds upon which the claim is founded is filed with the tax collector within three years of the date of payment. The claim shall be on forms furnished by the tax collector.
B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received, when it is established in a manner prescribed by the tax collector that the person from whom the tax has been collected was not a transient; provided, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.
C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection (A) of this section, but only when the tax was paid by the transient directly to the tax collector, or where the transient having paid the tax to the operator establishes to the satisfaction of the tax collector that the transient has been unable to obtain a refund from the operator who collected the tax.
D. A federal governmental entity may obtain a refund of taxes paid by filing a claim in the manner provided in subsection (A) of this section, but only when the governmental entity requesting such refund can successfully demonstrate that the accommodations for which the tax was imposed were rented in connection with official federal government business, and therefore, laws relating to exemption from payment of such taxes are applicable.
E. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. (Ord. 294 § 2; Ord. 818 § 2; Ord. 980 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-23)
3.50.170 Records to be kept.
It shall be the duty of every owner and/or operator liable for the collection and payment of tax imposed by the city pursuant to this article to keep and preserve for a period of at least three years all such records as the city may deem necessary to determine the amount of tax. The city shall have the right to inspect all such records as the city may deem necessary to determine the amount of such tax as the owner and/or operator may have been liable to collect and remit to the city. The city shall have the right to inspect all such records at any time and place. All records which may be necessary to inspect 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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Such records shall include at least the following:
A. Owner/operator generated consecutively numbered room receipt documents under procedures established by the finance director or his/her designee. A sample of the room receipt to be given shall be displayed in the transient lodging establishment in such a way as to be readily visible to guests.
Such display shall contain an appropriate explanation of the use and purpose of such receipts.
B. A record of each occupancy charge for which exemption is claimed, the city-provided form of exemption, if applicable, including the complete name of the individual occupying the room, dates of occupancy, and reasons for exemptions.
C. All qualifying rental agreements or uniform transient occupancy tax exemption forms.
In the event that records are not produced upon request, or such records are not reasonably auditable, tax, interest, and penalties will be levied based upon the average room rate and occupancies for similar properties within that zone during the audit period. Further, and without limitation, any operator and/or owner who does not produce records following written notice as set forth herein shall pay, in addition to any tax, interest, or penalties due, the sum of $100.00 per day for each day the records are not produced for audit.
The information furnished or secured pursuant to this chapter shall be confidential to the extent allowed by law; provided, however, this section shall not apply to any disclosures made in connection with any appeal proceedings pursuant to this chapter, or any civil action relating to the recovery of such taxes, interest or penalties, or any prosecution of any person for violation of any provisions of this chapter. (Ord. 294 § 2; Ord. 554 § 1; Ord. 680 § 2; Ord. 780 § 3; Ord. 980 § 1; Ord. 1109 § 1 (Exh.
A). Code 1997 § 28A-24)
3.50.230 Warrant for collection of tax.
At any time within three years after any operator is delinquent in the remittance or payment of any amount herein required to be remitted or paid or within three years after the last recording of a certificate under SLTCC 3.50.090. Revocation of permit: the finance director or his/her designee may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the city under this chapter. The warrant shall be directed to any sheriff, marshal, or constable and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner with the same effect as a levy of and a sale pursuant to a writ of execution. The finance director or his/her designee may pay or advance to the sheriff, marshal, or 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 12/28 constable the same fees, commissions and expenses for these services as are provided by law for similar services pursuant to a writ of execution. The finance director or his/her designee, and not the court, shall approve the fees for publication in a newspaper. (Ord. 803 § 1; Ord. 1109 § 1 (Exh. A).
Code 1997 § 28A-25.5)
3.50.240 Seizure and sale.
At any time within three years after any operator is delinquent in the remittance or payment of any amount, the finance director or his/her designee may forthwith collect the amount in the following manner. The finance director or his/her designee shall seize any property, real or personal, of the operator and sell the property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect occupancy taxes due shall be only of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure. (Ord. 803 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-25.6) Article III. Registration of Guests
3.50.250 Required information to be shown.
No person shall provide transient sleeping accommodations in any transient lodging facility, or other similar place within the city, unless the person requesting such accommodation shall have filled out a register with at least the following information, to wit: names and home addresses of the persons to be accommodated; the make, type, and license number of any automobile, trailer or other vehicle; the state in which such vehicle is registered; and the year of registration. (Ord. 295 § 2; Ord. 780 § 4; Ord. 790 § 5; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-27)
3.50.260 Register to be kept for three years.
Such register shall be kept within the city for a period of not less than three years by the person providing the accommodations as specified in SLTCC 3.50.250. (Ord. 295 § 2; Ord. 1109 § 1 (Exh. A); Ord. 1167 § 2. Code 1997 § 28A-28)
3.50.270 Inspection of register.
Such register shall at all times be available for examination by any employee of the city and by any other duly authorized peace officer or law enforcement officer of the state, federal or any local government. (Ord. 295 § 2; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-29)
3.50.280 Fictitious registration.
No person registering at any place as specified in SLTCC 3.50.250 shall register himself or any other person under any false or assumed name or designation, or under the name of any other person or 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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Code 1997 § 28A-30)
3.50.290 Law to be posted.
A copy of this article shall be posted in a conspicuous place in each transient lodging facility as specified in SLTCC 3.50.250. (Ord. 295 § 2; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-31) Article IV. Transit Vehicles
3.50.300 Parking for chartered transit vehicles.
Any transient lodging facility which uses the services of a charter transit company for purposes of delivering patrons to the lodging facility shall comply with the following provisions:
A. Charter transit vehicles must be parked on the premises of the transient lodging facility to which they are delivering patrons. Overnight parking of charter transit vehicles on city streets is prohibited. In the event on-site parking is not possible, any transient lodging facility owner utilizing tour buses shall obtain a special use permit or other planning department approval, as appropriate, for off-site parking.
B. Parking for charter transit vehicles shall be located so as to have the least possible impact on surrounding properties and their occupants. (Ord. 753 § 2; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A60) Article V. Vacation Home Rentals
3.50.370 Definitions.
“Agent” shall mean a person engaged or appointed by an owner to represent and act on behalf of an owner (as defined in these definitions) and to act as an operator, manager and/or local contact person of a dwelling used or to be used as a short-term rental unit or short-term rental property and designated as such by the owner.
“Bear box” shall mean a locked container affixed to the ground which is utilized for the storage of trash and is designed to prevent access to its contents by wildlife. “Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 14/28 “Director of development services” shall mean the city’s director of development services or his/her designee. In the event the director of development services position is vacant or ceases to exist, “director of development services” shall mean the city manager or his/her designee. “Dwelling” shall mean a building, or portion thereof, designed exclusively for residential purposes, including single-family and multifamily dwellings, condominiums, and timeshares but not including hotels, motels, boardinghouses and lodging houses. “Dwelling” shall also mean a dwelling unit on the same parcel as a legally established single-family dwelling that has its own complete independent living accommodations and facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. “Multifamily dwelling” shall mean a dwelling in which multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex.
“Effective date” is defined as the date of passage by the voters. “Expiration date” is defined as December 31, 2021.
“Guest house” is a separate living space, with or without cooking facilities, on the same parcel as a legally established single-family dwelling.
Homeowners Property Tax Exemption. The California Constitution provides for the exemption of $7,000 in assessed value from the property tax assessment of any property owned and occupied as the owner’s principal place of residence under said exemption. (Article XIII Section 3 of the California Constitution, California Revenue and Taxation Code Section 218). “Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this chapter.
“Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling. “Pending application” shall mean a complete application for a vacation home rental permit filed with the development services director that has not been approved or denied by the city prior to December 21, 2017.
“Permanent resident” is defined as a person who deems his or her dwelling to be their principal place of residency and resides in said residence for the majority of the year, in the city of South Lake Tahoe, 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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“Vacation home rental” shall mean the rent or rental of an entire dwelling, by the owner or operator to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, and bed and breakfasts shall not be considered to be vacation home rentals. “Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements.
“Vacation home rental waitlist” shall mean when the number of permits issued by the city exceeds the cap, the development services department will accept applications to be placed on a list to be used when permits for issuance become available. (Ord. 1114 § 3; Measure T*, passed at November 6, 2018 election)
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https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 16/28 * Code reviser’s note: The text of the citizen initiative amending this section (Measure T, passed at the November 6, 2018 election) adds definitions to Section 3.50.070. These have been added to Section
3.50.370, the intended definitions section concerning vacation home rentals.
3.50.380 Vacation home rentals – General provisions.
A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.
B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short term rental without a valid vacation home rental permit issued pursuant to this article.
C. Vacation Home Rental Permits Nontransferable.
1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.
2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. (a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation home rental application was submitted to the city.
3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).
D. Multifamily Dwellings.
1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling as a vacation home rental.
2. Notwithstanding subsection (D)(1) of this section, owners of multifamily dwelling units with a valid vacation home rental permit on September 1, 2016, may continue to apply for a renewed vacation home rental permit for said multifamily dwelling and will be issued or denied a renewal permit based on the criteria of SLTCC 3.50.410.
3. Owners of a multifamily dwelling unit with a valid vacation home rental permit on the effective date of the initiative codified in this section shall continue to be eligible for renewal of said 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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E. Agency. An owner may retain an agent, local representative or local contact person to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental and the compliance with the conditions of the permit. The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent, representative, or local contact person to comply with this article shall not relieve the owner of his/her obligations as set forth in this article.
F. Repealed by Measure T.
G. Taxes.
1. Business and professions taxes, as set forth in Chapter 3.35 SLTCC, shall be assessed for vacation home rentals.
2. Transient occupancy tax shall be assessed for vacation home rentals.
H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner or operator of the vacation home rental from his/her obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.
I. Pending Applications. Pending applications shall be reviewed under the provisions of this article.
Applicants of pending applications shall have no right, entitlement, or expectation of issuance of a vacation home rental permit. (Ord. 1114 § 3; Measure T, passed at November 6, 2018 election)
3.50.390 Vacation home rental application procedures.
A. Initial Applications.
1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule.
2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements. 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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3. The filing date of the vacation home rental application shall be the date when the director of development services officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the director of development services determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the development services department. If the director of development services does not receive a complete application within the additional 30 days, he/she shall no longer consider that application and instead, he/she shall continue to review applications on the VHR waitlist.
4. All vacation home rental applications which have been deemed complete by the director of development services shall be placed on the South Lake Tahoe vacation home rental waitlist (“VHR waitlist”) in the order of the application’s filing date. Vacation home rental applications shall only be reviewed by the development services director in the order of ranking as established by the VHR waitlist.
5. Where vacation home rental permits are available subject to SLTCC 3.50.380(F), applications on the VHR waitlist shall be considered on a quarterly basis by the director of development services in the order of ranking as established by the VHR waitlist. Once a vacation home rental permit becomes available and the application is deemed complete, the director of development services shall conduct an inspection of the vacation home rental within 14 days. Vacation home rental applicants shall have 45 days to make all changes and improvements to the vacation home rental which are required by the city pursuant to the inspection. If the vacation home rental applicant fails to make all changes and improvements to the vacation home rental within 45 days of the inspection, said applicant’s vacation home rental application shall be placed on the bottom of the VHR waitlist.
6. The director of development services shall continue to review applications and inspect vacation home rental properties until all applications on the VHR waitlist have been reviewed or until the city can issue no further vacation home rental permits based on SLTCC 3.50.380(F).
7. Inspections.
(a) The director of development services shall inspect all dwelling units prior to issuing a vacation home rental permit for said dwelling unit.
(b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 19/28 vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property. (c) Notwithstanding subsections (A)(7)(a) and (b) of this section, inspections shall not be required for VHR renewal applications.
(d) Notwithstanding subsections (A)(7)(a) and (b) of this section, inspections shall not be required for vacation home rentals located in the tourist core area plan. (e) Notwithstanding subsections (A)(7)(a) and (b) of this section, inspections shall not be required for timeshares.
B. Vacation Home Rental Application and Renewal Application Filing Requirements.
1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Local contact information, management agency contact information or authorized representative contact information.
(c) Square footage of home.
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. (f) Vacation home rental permit number, if existing vacation home rental. (g) Maximum occupancy of vacation home rental.
(h) Number of paved parking spaces on the vacation home rental property. (i) Identification of outdoor hot tub, if any.
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2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.
3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.
4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.
5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, he/she must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section. (Ord. 1114 § 3)
3.50.400 Expiration and renewal of vacation home rental permits.
A. Vacation home rental permits shall expire one year after their issuance.
B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the director of development services a renewal application and a renewal fee.
C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the director of development services approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.
D. A renewal application shall be subject to all filing requirements set forth in SLTCC 3.50.390(B).
E. The director of development services shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C). (Ord. 1114 § 3)
3.50.410 Review, issuance and denial of vacation home rental permit applications.
A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.
B. Criteria for Issuance – Initial Application. The director of development services shall issue a vacation home rental permit where he/she makes all of the following findings:
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1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).
2. Inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property.
3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.
4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.
5. On the effective date, the VHR cap of 1,400 is eliminated. a. Vacation home rentals of real property will continue to be permitted in commercial zones or the tourist core area of the city of South Lake Tahoe.
C. Criteria for Issuance – Renewal Application. The director of development services shall issue a renewed vacation home rental permit where he/she makes all of the following findings:
1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).
2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period. For purposes of this subsection, upheld citations means citations which were neither overturned on appeal nor dismissed.
3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended.
4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due. 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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5. The vacation home rental permit has not been transferred to another person, entity, or property.
D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the director of development services confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the director of development services denies the vacation home rental application or renewal application, he or she shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC 3.50.430.
E. Any vacation home rental permit that is current on the effective date, issued to any property owner(s) by the city of South Lake Tahoe for a vacation home rental in a residential zone, shall continue in force and be eligible for renewal until the permit’s expiration date in the year 2021.
No new or additional vacation rental permits will be issued to a nonqualified property owner after the effective date of the initiative codified in this section.
All existing permits, except qualified VHR permits, will be discontinued by the expiration date, December 31, 2021, unless the permit is revoked prior to December 31, 2021 under provisions in SLTCC 3.50.420.
F. Qualified Vacation Home Rental Permit. An owner who is a permanent resident of the city of South Lake Tahoe, and whose dwelling is located in a residential zone in the city of South Lake Tahoe and who resides in said dwelling for the majority of the year, shall be entitled to rent the entire dwelling for up to 30 (consecutive or nonconsecutive) days total per one-year permit period.
1. This use shall be limited to only the owner-occupied dwelling unit or one guest house on the same parcel.
2. A vacation rental permit for this type of qualified vacation rental use shall be required and can be applied for at any time after the effective date.
3. The owner must provide proof of a homeowners property tax exemption for the subject property.
4. These permits are eligible for renewal beyond December 31, 2021.
5. A permit fee will be required along with the collection of transient occupancy tax (TOT). (Ord. 1114 § 3; Ord. 1120 § 3; Measure T, passed at November 6, 2018 election) 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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3.50.420 Revocation of vacation home rental permit.
A. A vacation home rental permit issued under the terms of this article shall be revoked by the director of development services at any time if he or she concludes any of the following:
1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due.
2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home service within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.
3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.
4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.
B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental. (Ord. 1114 § 3; Ord. 1120 § 3)
3.50.430 Appeal from director of development services’ determination.
An applicant or any interested party who disagrees with the director of development services’ decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to the planning commission in accordance with the appeal provisions of Chapter 2.35 SLTCC. (Ord. 1114 § 3)
3.50.440 Conditions of operation.
All vacation home rentals shall be operated, maintained and managed on a day-to-day basis in compliance with the following operational conditions and requirements. Violation of any of the below conditions of operations shall subject the owner to citation in accordance with SLTCC 3.50.450.
Violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O) and (Q) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC
3.50.450.
A. Occupancy of all VHRs in residential zones shall be calculated by multiplying the number of bedrooms by two. The maximum occupancy for any vacation rental is 12. The number of on-site 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long.
C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.
D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.
E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.
F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city.
G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.
H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.
I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:
1. The name of the managing agency, authorized representative, property manager, or local contact person, and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis. Any change in this contact person’s address or telephone number shall be promptly furnished to the city development services department;
2. The maximum number of occupants for the vacation home rental;
3. The maximum number of vehicles permitted to be parked on the vacation home rental property;
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4. The parking rules for seasonal snow removal;
5. The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property except in a bear box;
6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and
7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.
J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:
1. The name of the managing agency, authorized representative, property manager, local contact person or owner of the vacation home rental, and a telephone number at which that party may be reached on a 24-hour basis;
2. The maximum number of occupants for the vacation home rental;
3. The maximum number of vehicles permitted to be parked on the vacation home rental property;
4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;
5. This section of the South Lake Tahoe City Code.
K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces.
L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.
M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.
N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.
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https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe03/SouthLakeTahoe0350.html#3.50 26/28 O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.
P. Records of every night for which the vacation home rental is rented, including the name and contact information of the occupant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.
Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.
R. Trash. Bear boxes shall be installed on the vacation home rental property and all trash shall be disposed of in said bear boxes. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.
1. Table 1 of this subsection establishes the number of trash cans within bear boxes required of vacation home rental properties.
Table 1. Minimum Number of Trash Cans
within Bear Box
Size of Home
Number of Trash
Cans
Less than 2,500
square feet
2 2,500 – 3,500 square
feet
3 Greater than 3,500
square feet
4 2. Vacation home rental owners and operators shall arrange for the necessary level of trash pickup, drop-off, or other trash removal from the property so as to ensure that no trash is left on the 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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3. All required bear boxes shall be installed by July 31, 2018.
S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.
T. Transient Occupancy Tax.
1. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. (Ord. 1114 § 3; Ord. 1120 § 3; Measure T, passed at November 6, 2018 election)
3.50.450 Enforcement.
A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.
B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.
C. Where an owner or agent of the vacation home rental reports a violation of any provision of this article which violation was caused or permitted to exist by the vacation home rental occupants, the city shall not issue a citation to said vacation home rental owner, and shall only issue a citation, where warranted, to the occupants.
D. Owner(s) or their agent(s) found operating a VHR without a permit after the expiration date (December 31, 2021) shall be fined a minimum of $1,000 per violation. (Ord. 1114 § 3; Measure T, passed at November 6, 2018 election)
3.50.460 No property rights conferred.
Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land. (Ord. 1114 § 3)
The South Lake Tahoe City Code is current through Ordinance 1174, passed June 20, 2023. 8/31/23, 3:26 PM Chapter 3.50 TRANSIENT LODGING
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City Website: https://www.cityofslt.us/
City Telephone: (530) 542-6004
Code Publishing Company
Ord. No. ORD-2023-011