Following the discussion at the September 13, 2021 Council meeting, staff considered testimony and discussion received at this meeting, and reviewed the intent of the home stay regulations. Staff noted that the Council wished to address rentals of individual rooms, or similar arrangements, on a short-term basis where the owners are inresidence under the STR Program regulations. The Council also wanted to ensure that home stay license owners would feel responsible to surrounding neighbors and address any issues of parking, noise and trash control by occupants before they impacted the neighborhood.
On November 22, 2021, the Council received a follow-up presentation covering the issues raised at the previous meeting. In response to the testimony regarding home stays and in light of the Council's intent for home stay licenses, staff proposed the idea of amending the STR Administrative Policies and Procedures to clarify that home stay licenses will be issued only if the unit is the owner's primary residence and to establish procedures to track compliance with such requirement. After receiving testimony from the public, the Council directed staff to move forward in initiating amendments to the STR Administrative Policies and Procedures to clarify the intent of the City's home stay regulations by adding a primary residency requirement.
City staff has recently also received complaints that certain home stay licensees may be hosting multiple home stay bookings at one time, possibly as a means to bypass the maximum occupancy and vehicle limitations set forth in Section 14.52.060 of the Carpinteria Municipal Code (CMC). Specifically, that CMC 14.52.060 requires that: (1) the maximum occupancy of a home stay shall be limited to no more than four home stay guests, and (2) the home stay guests shall be limited to no more than one vehicle. City staff interprets these requirements to mean that a home stay licensee may only host one home stay booking at a time, and that such booking is limited to four guests and one vehicle. This limitation is consistent with the purpose of home stays being a low intensity type of STR in residential zones. If a home stay licensee was instead allowed to host several home stay bookings simultaneously and each concurrent home stay booking was allowed up to four guests and one vehicle, the overall number of guests and cars may exceed the intent of the home stay regulations. Accordingly, City staff has worked with the City Attorney to propose edits to the STR Administrative Policies and Procedures that clarify the intent behind the maximum occupancy and vehicle limitations for home stays.
The purpose of this agenda matter is to allow the City Council an opportunity to review and comment on the changes to the City's STR Administrative Policies and Procedures that have been drafted by staff in response to Council direction and in light of recent complaints regarding home stays. Please note that the proposed changes to the City's STR Administrative Policies and Procedures also include minor clean-up changes.
Once review by the City Council is concluded, the City Manager will approve and promulgate the amended STR Administrative Policies and Procedures pursuant the authority established in Chapter 14.52 of the Municipal Code. 24889578.8
Updated Short Term Rental Administrative Policies and Procedures November 28, 2022
DISCUSSION
Staff has worked with the City Attorney to propose edits to the STR Administrative Policies and Procedures that are consistent with Council's direction at the 2021 meetings. The updated STR Administrative Policies and Procedures attached hereto as Attachment A accomplish this purpose by expressly stating that a home must be an owner's primary residence in order for it to be eligible for a home stay license and by adding a procedure for home stay hosts to provide proof of their compliance with the primary residence requirement both at the initial application stage and upon subsequent renewals of their license. Additionally, in light of recent complaints regarding home stay licensees hosting multiple home stay bookings at the same time, the updated STR Administrative Policies and Procedures attached hereto as Attachment A clarify that home stay licensees shall only allow one home stay booking at a time and that each such booking shall be limited to a maximum of four guests and one vehicle. Finally, the updated STR Administrative Policies and Procedures also include minor revisions for clarity, internal consistency, and consistency with current City practices, such as revisions to the appropriate place to submit STR Applications.
FINANCIAL CONSIDERATIONS
Over the last three fiscal years alone, the City's STR program has brought in $54,720 in license fees (new applications and renewals) and $1,998,451.64 in Transient Occupancy Taxes (TOT) from licensed STRs. In the event that any current home stay licensees cannot meet the new primary residence requirement or are non-compliant with the clarified limitations on bookings, they would not be eligible for renewal of a Home Stay License, in which case the affected licensee's annual payment of licensing fees and TOT remittance would be expected to cease. Otherwise, the proposed amendments to the STR Administrative Policies and Procedures are expected to have a negligible impact on the overall revenues generated by the City's STR programs.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Manager is expressly authorized to develop policies and procedures to implement the intent of Chapter 14.52 of the Municipal Code regarding home stays.
Specifically, Section 14.52.210 states: "The city manager or his/her designee, shall have the authority to develop administrative policies to implement the intent of this chapter. The City's current STR Administrative Policies and Procedures were established in 2018, after review by the City Council. The City Council may, from time to time, consider modifications to the administrative policies." As has been past practice, the City Manager is seeking comment from the City Council on the draft Policies and Procedures.
City staff interprets the intent of Chapter 14.52 to, among other things, require that home stay licensees maintain the home stay residence as their primary residence. This is clear from the administrative record at prior Council meetings as well as from the language of the Chapter itself, such as the sections requiring the licensee to stay on site 24889578.8
Updated Short Term Rental Administrative Policies and Procedures November 28, 2022
during the entire home stay period. City staff also interprets the intent of Chapter 14.52 to limit home stay licensees to hosting one home stay booking at a time, with each such booking limited to a maximum of four guests and one vehicle. This is clear from Subdivisions (e) and (f) of Section 14.52.060 regarding operating standards for home stays. Accordingly, adding a primary residence requirement to the home stay licensee requirements and clarifying the limitations on bookings implements the intent of the Chapter and making such updates through an amendment to the Administrative Policies and Procedures is within the scope of the City Manager's authority.
OPTIONS
The Council may choose to:
1. Approve the updated STR Administrative Policies and Procedures presented herewith as Attachment A
2. Take no action, or elect not to approve the updates as proposed herein.
3. Request staff to return to a future Council meeting with additional information prior to deciding whether to approve the updates.
PRINCIPAL PARTIES EXPECTED AT MEETING
Affected property owners
Interested citizens
ATTACHMENTS
Attachment A Updated STR Administrative Policies and Procedures (Redline and Clean Versions)
Staff Contact: Steve Goggia, Community Development Director (805) 755-4414 / [email protected] ¢ '7..~~
~Sign'~
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria
24889578.8
Attachment A
Updated STR Administrative Policies and Procedures
(Redline and Clean Versions)
CITY OF CARPINTERIA
SHORT-TERM RENTAL ADMINISTRATIVE
POLICIES AND PROCEDURES
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Phone: (805) 684 - 5405
Fax: (805) 684 - 5304
Revised
August 2018November 2022 (Redline Version)
24849024.6
CITY OF CARPINTERIA
SHORT-TERM RENTAL ADMINISTRATIVE POLICIES AND
PROCEDURES
TABLE OF CONTENTS
Contents
I. GLOSSARY 3
II. INTRODUCTION 5
III. KEY DA TES AND DEADLINES 5
IV. VACATION RENTALS 6
A. Vacation Rental Overlay District. 6
B. Issuance of Vacation Rental Licenses 6
C. Renewal of Vacation Rental Licenses 8
D. Denial of STR Application for Vacation Rental License 9 E. Amortization of Nonconforming Vacation Rentals 9
F. Transferability of Vacation Rental License 9
G. Application Fee for Vacation Rental License 10
H. Submission of TOT Under Vacation Rental License 10
I. Revocation of Vacation Rental License .10
V. HOMESTAYS 11
A. Issuance of Home Stay Licenses 11
B. Renewal of Home Stay Licenses 11
C. Denial of STR Application for Home Stay License 12
D. Application Fee for Home Stay Licenses 12
E. Submission of TOT Under Home Stay License 12
F. Revocation of Home Stay License 13
24849024.6
I. GLOSSARY
This glossary provides definitions for many of the terms used in these STR Administrative Policies and Procedures
City
City Council
CMC
Home Stay
Home Stay License
Home Stay Licensee
Nonconforming Vacation
Rental
Residential Unit
Short-Term Rental
City of Carpinteria and/or its designee, including without limitation any third-party companies with which the City may contract. References herein to City staff, including such as the Community Development Department, shall refer to such staff person or other designee.
City Council of the City of Carpinteria.
Carpinteria Municipal Code.
A type of short-term rental where the residential unit is the owner's primary residence and the owner remains in the
residential unit during the entire rental period. A Home Stay does not include the hosting of personal guests, home
exchanges or Vacation Rentals. Tents, yurts and RVs are not allowed as a part of a Home Stay rental.
A license that allows the owner of a Residential Unit to use his or her Residential Unit as a Home Stay.
The owner of a Residential Unit who has been granted a
Home Stay License for the Residential Unit and operates a Home Stay at the Residential Unit.
A Vacation Rental that is located outside of the Vacation Rental Overlay District that meets the requirements specified in Section 14.47.190 of the CMC.
A building or portion thereof designed for or occupied in whole or in part, as a home, residency, or sleeping place, either permanently or temporarily, and containing not more than one kitchen per residential unit, but not including a hotel or boarding house, lodging house or motel. For the purposes of the CMC, Residential Unit includes the term dwelling unit and housing unit. See also CMC Section 14.08.190
"Dwelling."
The rental of a Residential Unit for a period of thirty (30) consecutive calendar days or less, subject to all applicable City land use regulations, permit/licensing requirements, and payment of fees and/or taxes, including transient occupancy tax as defined in Chapter 3.20 of the CMC. Short-Term
24849024.6
STR Regulations
STR Administrative Policies
and Procedures
STR Application
STR Renewal Application
STR Website
TOT
Vacation Rental
Vacation Rental License
Rentals include both Vacation Rentals and Home Stays.
Tents, yurts and RVs are not allowed as a part of a ShortTerm Rental.
The City's comprehensive regulations governing Short-Term Rental use throughout the City, adopted as Ordinance
No. 708.
This document, which sets forth the City's administrative policies and procedures for implementation of the STR
Regulations.
A Business Tax License and Transient Occupancy Tax
Certificate Initial Application for Short-Term Rental use that the owner of a Residential Unit must fill out and submit via the City's STR Website to the City's Community
Development Department to apply for a Vacation Rental
License or Home Stay License.
A Business Tax License and Transient Occupancy Tax
Certificate Renewal Application for Short-Term Rental use that the owner of a Residential Unit must fill out and submit via the City's STR Website to the City's Community
Development Department by June 15 of each year to renew their Vacation Rental License or Home Stay License.
The website portal that the owner of a Residential Unit must use to submit its STR Application or STR Renewal
Application. Information regarding how to access the portal is available at https://carpinteriaca.gov/cityhall/administrative-services-finance/ short-term-rentalinformation/.
Transient Occupancy Tax.
A type of Short-Term Rental where the owner of the
Residential Unit does not remain in the Residential Unit during the entire rental period. Vacation Rentals typically include the rental of an entire dwelling or premises. For the purposes of the CMC, a Vacation Rental does not include time shares, Home Stays or home exchanges. Tents, yurts and RVs are not allowed as a part of a Vacation Rental.
A license that allows the owner of a Residential Unit to use his or her Residential Unit as a Vacation Rental.
Vacation Rental License List A list of applicants interested in receiving a Vacation Rental License that the City creates upon receipt of an application 24849024.6
for a Vacation Rental License. Applicants will be added to the Vacation Rental License List in the order in which STR Applications are received. Residential Unit(s) will be
considered for Vacation Rental License(s) based on their ranking.
II. INTRODUCTION
The City's comprehensive STR Regulations, codified in the CMC as Chapters 14.47 and 14.52, became effective on July 1, 2017. This document sets forth the City's administrative policies and procedures for clarification and implementation of the STR Regulations.
Pursuant to CMC Sections 14.47.240 and 14.52.210, the City Manager has the authority to adopt and amend the STR Administrative Policies and Procedures as necessary to implement the intent of the STR Regulations. The City Council may also request amendments to the STR Administrative Policies and Procedures.
III. KEY DATES AND DEADLINES
The following chart sets forth key dates and deadlines under the STR Regulations.
Key Dates and Deadlines
Mayl
June 15
July 1
July 1 - June 15
Revised STR Application and STR Renewal Application forms available for new TOT Certificate/Business License Cycle Deadline to submit STR Application for new or renewal of existing STR Vacation Rental License (for processing before start of new TOT Certificate/Business License Cycle begins)
New TOT Certificate/Business License cycle begins
STR Applications for new Vacation Rental Licenses accepted for review on rolling basis
24849024.6
IV. VACATIONRENTALS
A. Vacation Rental Overlay District
The Vacation Rental Overlay District map depicted below was adopted as part of the STR Regulations. This map identifies the four areas (i.e., Area A, B, C, and D) that comprise the Vacation Rental Overlay District. Section 14.47.090 of the CMC sets forth the maximum number of Vacation Rental Licenses the City is authorized to issue in each of these four areas at any given time.
'> 11 n I,, fl ,11 /, ,1, cf l /1u1111, I
Vacation Rental Overlay
Area Map ~< /
Date: 4/2612017
B. Issuance of Vacation Rental Licenses
Pursuant to the STR Regulations, a maximum number of Vacation Rentals are allowed within each area of the Vacation Rental Overlay District. In order to operate a Vacation Rental, the owner of a Residential Unit must apply for and receive a Vacation Rental License from the City under the STR Regulations. All Vacation Rentals must be operated in compliance with the Operating Standards set forth in Section 14.47.080 of the CMC.
The application requirements for Vacation Rentals are located in Sections 14.47.070, 14.47.090,
14.47.100, and 14.47.180 of the CMC. In order to apply for a Vacation Rental License, the owner of the Residential Unit must submit a completed STR Application via the STR Website te 24849024.6
the City's Community Development Department located at 5775 Carpinteria /\venue, Carpinteria, California 93013. A Copy of the STR Application is available at City Hall and on the City's website at carpinteria.ca.us STR Website. Each STR Application should specify the area (i.e., Area A, B, C, or D) within the Vacation Rental Overlay District where the Residential Unit is located.
The City will accept STR Applications for a new Vacation Rental License on a rolling basis throughout the year. Revised STR Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most up-to-date version of the STR Application; STR Applications submitted on outdated forms will not be accepted. The City will issue a Vacation Rental License to each owner of a Residential Unit that meets the requirements set forth in the STR Regulations and in this Section of the STR Administrative Policies and Procedures, provided that the maximum number of Vacation Rental Licenses the City is authorized to issue within each area (i.e., Area A, B, C, and D) of the Vacation Rental Overlay District has not been exceeded. (See CMC § 14.47.090(a).) The City will accept STR Applications, and review and issue Vacation Rental Licenses, on a first-come, first-served basis until the maximum is reached in each area. Vacation Rental Licenses expire June 30 of each year and are subject to renewal requirements regardless of the date they were issued.
If and when the number of submitted STR Applications exceeds the number of Vacation Rental Licenses available for any area within the Vacation Rental Overlay District, upon receipt of an STR Application for that area, the City will add the applicant's name to the Vacation Rental License List. 1 Prior to being added to the Vacation Rental License List, the applicant must submit payment of an application fee to cover staff time involved in maintaining and managing the Vacation Rental License List.2 Names will be added to the Vacation Rental License List on a first-come, first-served basis. An applicant's position on the Vacation Rental License List cannot be sold or transferred; it is specific to both the applicant and the Residential Unit identified in the STR Application. Except as allowed under Section IV(E_F-) of these STR Administrative Policies and Procedures, any transfer in ownership of a Residential Unit requires submission of a new STR Application subject to Sections 14.47.070, 14.47.090, 14.47.100, and
14.47.180 of the CMC and the procedure outlined in Section IV(B) of these STR Administrative Policies and Procedures.
If and when an additional Vacation Rental License becomes available within a previously full area within the Vacation Rental Overlay District, the City will contact the first applicant on the Vacation Rental License List to offer the opportunity to obtain a Vacation Rental License. The City will use the applicant's contact information listed on his or her STR Application. Once contacted by the City, the applicant will have ten (10) days to respond to the City and submit an application fee, as set forth in Section IV (.EG) of these STR Administrative Policies and Procedures.
3 If the applicant does not submit an application fee within ten (10) days of being contacted by the City, that applicant will be removed from the Vacation Rental License List and the City will offer the opportunity to obtain a Vacation Rental License to the next highest ranked 1 Only owners ofa Residential Unit are eligible to apply for a Vacation Rental License. (CMC § 14.47.030.) 2 The City is in the process of developing this fee.
3 Once the City begins its review of an applicant's STR Application, the application fee is non-refundable regardless of whether or not the applicant is issued an STR License. 24849024.6
applicant on the Vacation Rental License List. Once an applicant submits the required application fee, the City will review the applicant's STR Application and, upon a determination that the STR Application is complete and complies with the STR Regulations, will issue the applicant a Vacation Rental License. If there are no names on the Vacation Rental License List, the City will review and issue Vacation Rental Licenses to applicants on a first-come, firstserved basis.
For example, if the City receives five (5) STR Applications for residential units within Area A and there are two (2) available Vacation Rental Licenses in Area A, the City will issue Licenses to the property owners of the first two (2) STR Applications it received, assuming the STR Applications are complete and meet all the requirements in the CMC. The property owners named on the remaining three (3) STR Applications will be added to the Vacation Rental License List in the order the applications were received. If and when an additional Vacation Rental License becomes available in Area A, the City will follow the procedure set forth in the paragraph above and offer the opportunity to obtain a Vacation Rental License to the first name listed on the Vacation Rental License List for Area A.
Each owner shall agree to waive all claims, indemnify, and hold harmless the City for any and all liability for any injury or damages arising out of, or in connection with, the owner's participation under the City's STR Regulations.
C. Renewal of Vacation Rental Licenses
By May 1 of each year, the City will send out Vacation Rental License renewal reminders to the owners of all Residential Units with a valid Vacation Rental License. To renew an existing Vacation Rental License, the owner of the Residential Unit must (1) submit a STR Renewal Application via the STR Website to the City's Community Development Department located at 5775 Carpinteria Avenue, Carpinteria, California 93013, (2) submit a copy of the advertisement for the rental unit or, if the Vacation Rental is not advertised, a written explanation of how the rental unit is rented out, (3) be in compliance with the requirements of both the STR Regulations and the STR Administrative Policies and Procedures, ( 4) pay the Renewal of STR Application/License fee, as set forth in Section IV (GE) of these STR Administrative Policies and Procedures, and (5) remit all required TOT remittance payments and quarterly statements (even if the amount of TOT owed is $0) associated with the Vacation Rental to the City.
Revised STR Renewal Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most up-to-date version of the STR Renewal Application; STR Renewal Applications submitted on outdated forms will not be accepted.
The City will, on an annual basis, audit 5% of Vacation Rental licenses and respond to complaints received. Audit findings, code violations, or failure to comply with the requirements herein and renew prior to June 15 of each year may result in expiration or revocation of the Vacation Rental License and require that a new STR Application be submitted to the City subject to Sections 14.47.070, 14.47.090, 14.47.100, and 14.47.180 of the CMC and the procedure outlined in Section IV (B) of these STR Administrative Policies and Procedures. Renewals of Vacation Rental Licenses must be for the same owner, address, and unit number; changes to any of these details require submission of a new STR Application subject to Sections 14.4 7 .070, 24849024.6
14.47.090, 14.47.100, and 14.47.180 of the CMC and the procedure outlined in Section IV(B) of these STR Administrative Policies and Procedures.
D. Denial of STR Application for Vacation Rental License In order to receive a Vacation Rental License, an applicant must comply with all requirements of the STR Regulations. Based on the authority set forth in Sections 14.47.070(h), 14.47.080(m),
14.47.080(0), and 14.47.090 of the CMC, the City Manager has discretion to deny an STR Application for a Vacation Rental License, which discretion shall include but not be limited to the following reasons: (1) the Residential Unit is located outside of the Vacation Rental Overlay District, (2) the limit on the number of Vacation Rental Licenses the City is authorized to issue pursuant to Section 14.47.090(a) of the CMC has already been met, (3) the Residential Unit is not in compliance with any federal, state, or local law, including the STR Regulations, and (4) the STR Application is incomplete or does not comply with the requirements of the STR Regulations.
E. Amortization of Noneonforming Vaeation Rentals
Vacation Rentals that are located outside of the Vacation Rental Overlay District that meet the requirements specified in Section 14. 4 7 .190 of the CMG are considered Nonconforming Vacation Rentals. An owner of a Nonconforming Vacation Rental is required to renew his or her Vacation Rental License on an annual basis in compliance with the requirements of the STR Regulations and Section IV(C) of these STR A.dministrative Policies and Procedures.
Nonconforming Vacation Rentals must be operated in compliance with the STR Regulations.
The owner of a Nonconforming Vacation Rental is eligible to apply for and receive a Vacation Rental License for five (5) years after the STR Regulations become effective, provided that the owner applied for and received an STRVacation License for the 2017/2018 TOT certificate/business license cycle.
4 This right will terminate (1) on July 1, 2022, (2) failure to timely renev1 as required by the STR Regulations and these STR Administrative Policies and Procedures, or (3) upon transfer or sale of the Residential Unit (including as a result of inheritance), whichever occurs first.
F. Transferability of Vacation Rental License
The STR Regulations specify that sale or transfer of a Residential Unit will result in automatic expiration of the Vacation Rental License. For purposes of the STR Regulations, "sale or transfer" does not include (1) a change in property ownership as a result of inheritance, (2) transfer of ownership interest between existing owners as long as the portion of the ownership interest being transferred is being transferred to one of those existing owners, or (3) transfer of less than 10 percent of total ownership of the property. Although these enumerated situations constitute a change of ownership of the Residential Unit, the change would not result in the automatic expiration of the Vacation Rental License associated with that Residential Unit. 4 The City's issuance ofa Vacation Rental License to a Nonconforming Vacation Rental does not count against the maximum number of Vacation Rental Licenses the City is authorized to issue within the Vacation Rental Qyerlay District.
24849024.6
Within ninety (90) days of a change of ownership falling into one of the exception categories listed above, the new owner must fill out and submit an STR Application (pursuant to the requirements set forth in Sections 14.47.070, 14.47.090(b)-(e), 14.47.100, and 14.47.180 of the CMC) via the STR Website to the City's Community Development Department located at 5775 Carpinteria Avenue, Carpinteria, California 93013. ,ti. Copy of the STR Application is available at City Hall. The City's fee for reviewing an initial STR Application will apply. As part of the application process, the new owner must provide the City with documentation sufficient to prove that the change in ownership for the Residential Unit is due to one of the exemptions outlined in the preceding paragraph.
G. Application Fee for Vacation Rental License
The City Council adopted the following fee schedule in Resolution No. 5700 on February 13, 2017. These fees are effective as of April 14, 2017:
• Initial STR Application/License: $315.00
• Renewal of STR Application/License: $105.00
Pursuant to the CMC, the City Council may amend these fees from time to time.
H. Submission of TOT Under Vacation Rental License
All owners of Residential Units holding a Vacation Rental License must comply with the requirements, procedures, and schedule set forth in Chapter 3.20 of the CMC regarding remittance of the TOT to the City. Remittance payments must be accompanied by a TOT Remittance Form, available at City Hall the STR Website. TOT Remittance Forms must be submitted quarterly, even if no TOT has been collected. Failure to remit TOT consistent with these requirements may result in expiration and forfeiture of the Vacation Rental License pursuant to Section 14.47.140 of the CMC.
I. Revocation of Vacation Rental License
Vacation Rental Licenses may be revoked as set forth in Sections 14.47.150, 14.47.160, and
14.47.170 of the CMC. Before undertaking revocation proceedings, however, the City Manager will notify the owner of the Vacation Rental, in writing, of the ground(s) for revocation. At his or her discretion, the City Manager may provide an owner with a grace period to rectify the violation.
If an STR License for a Nonconforming Vacation Rental is revoked via revocation proceedings as set forth in Sections 14.47.150, 14.47.160, and 14.47.170 of the CMC, the nonconforming status and use shall terminate and a new Vacation Rental License will not be issued.
This Section in no way limits the City's authority pursuant to its police power, the CMC, or other applicable statutes. Health and safety violations do not require compliance with the revocation proceedings outlined in the STR Regulations and the City may rely on its police power, the CMC, and other applicable statutes to remedy such violations immediately. 24849024.6
V. HOME STAYS
A. Issuance of Home Stay Licenses
Pursuant to the STR Regulations, Home Stays are allowed in Residential Units throughout the City. The application requirements for Home Stays are located in Sections 14.52.050, 14.52.070,
14.52.080, and 14.52.160 of the CMC. In order to apply for a Home Stay License, the owner of the Residential Unit must fill out and submit a STR Application via the STR Website te-the City's Community Development Department located at 5775 Carpinteria Avenue, Carpinteria, California 93013. With its application, the owner-applicant must also submit a signed affidavit stating that the Residential Unit for which the applicant is seeking a Home Stay License is the applicant's primary residence, as well as at least one (l) form of documentation evidencing the same. Such evidentiary documentation may include the owner-applicant's driver's license, property tax residential exemption, homeowner's insurance, or other similar documentation that, in the sole discretion of the City Manager, provides sufficient evidence that the owner-applicant primarily resides at the Residential Unit. A Copy of the STR Application is available at City Hal-h Revised STR Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most up-to-date version of the STR Application; STR Applications submitted on outdated forms will not be accepted.
Home Stays must be operated in compliance with the Operating Standards set forth in Section
14.52.060 of the CMC.
B. Renewal of Home Stay Licenses
By May 1 of each year, the City will send out Home Stay License renewal reminders to the owners of all Residential Units with a valid Home Stay License. To renew an existing Home Stay License, the owner of the Residential Unit must (1) submit a STR Renewal Application via the STR Website to the City's Community Development Department located at 5775 Carpinteria Aveeue, Carpinteria, California 93013, (2) be in compliance with the requirements of both the STR Regulations and the STR Administrative Policies and Procedures, (3) pay the Renewal of STR Application/License fee, as set forth in Section V(D) of these STR Administrative Policies and Procedures, and-( 4) remit all required TOT remittance documents associated with the Home Stay to the City, and (5) provide a newly executed affidavit stating that the Residential Unit for which the applicant is seeking a renewal of his or her Home Stay License is the applicant's primary residence, as well as at least one ( 1) form of documentation evidencing the same. Such evidentiary documentation may include the owner-applicant's driver's license, property tax residential exemption, homeowner' s insurance, or other similar documentation that, in the sole discretion of the City Manager, provides sufficient evidence that the owner-applicant primarily resides at the Residential Unit. Revised STR Renewal Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most up-to-date version of the STR Renewal Application; STR Renewal Applications submitted on outdated forms will not be accepted.
The City will, on an annual basis, audit 5% of Home Stay licenses and respond to complaints received. Audit findings, code violations, or Failure to comply with these requirements and 24849024.6
renew prior to June 15 of each year may result in expiration or revocation of the Home Stay License and require that a new STR Application be submitted to the City subject to Sections
14.52.050, 14.52.070, 14.52.080, and 14.51.160 of the CMC and the procedure outlined in Section V(A) of these STR Administrative Policies and Procedures.
C. Denial of STR Application for Home Stay License
In order to receive a Home Stay License, an applicant must comply with all requirements of the STR Regulations, including compliance with the requirement that the Residential Unit must be the applicant's primary residence. Based on the City's authority set forth in Sections
14.52.050(d), 14.52.060(h), and 14.52.070 of the CMC, the City has discretion to deny an STR Application for a Home Stay License, for reasons including but not limited to the following: (1) the Residential Unit is not in compliance with any federal, state, or local law, including the STR Regulations, and (2) the STR Application is incomplete or does not comply with the requirements of the STR Regulations.
D. Application Fee for Home Stay Licenses
The City Council adopted the following fee schedule in Resolution No. 5700 on February 13, 2017. These fees are effective as of April 14, 2017:
• Initial STR Application/License: $315 .00
• Renewal of STR Application/License: $105.00
Pursuant to the CMC, the City Council may amend these fees from time to time.
E. Operation of Home Stays
In operating a Home Stay, the Home Stay Licensee must comply with all operating standards set forth in Section 14.52.060 of the CMC, including the requirement that (1) the maximum occupancy of a Home Stay shall be limited to no more than four Home Stay guests, and (2) the Home Stay guests shall be limited to no more than one vehicle. For clarity and the avoidance of doubt, a Home Stay Licensee shall only allow one Home Stay booking at any specific time, and each such booking shall be limited to a maximum of four guests and one vehicle.
F. Submission of TOT Under Home Stay License
All owners of Residential Units holding a Home Stay License must comply with the requirements, procedures, and schedule set forth in Chapter 3.20 of the CMC regarding remittance of TOT to the City. Remittance payments must be accompanied by a TOT Remittance Form, available at City Hall at the STR Website. TOT Remittance Forms must be submitted quarterly even if no TOT has been collected. Failure to remit TOT consistent with these requirements may result in expiration and forfeiture of the Home Stay License pursuant to Section 14.52.120 of the CMC.
24849024.6
G. Revocation of Home Stay License
Home Stay Licenses may be revoked as set forth in Sections 14.52.130, 14.52.140, and
14.52.150 of the CMC. Before undertaking revocation proceedings, however, the City Manager will notify the owner of the Home Stay, in writing, of the ground(s) for revocation. At his or her discretion, the City Manager may provide an owner with a grace period to rectify the violation.
This Section in no way limits the City's authority pursuant to its police power, the CMC, and other applicable statutes. Health and safety violations do not require compliance with the revocation proceedings outlined in the STR Regulations and the City may rely on its police power, the CMC, and other applicable statutes to remedy such violations immediately. 24849024.6
CITY OF CARPINTERIA
SHORT-TERM RENTAL ADMINISTRATIVE
POLICIES AND PROCEDURES
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Phone: (805) 684 - 5405
Fax: (805) 684 - 5304
Revised
November 2022
24849024.6
CITY OF CARPINTERIA
SHORT-TERM RENTAL ADMINISTRATIVE POLICIES AND
PROCEDURES
TABLE OF CONTENTS
Contents
I. GLOSSARY 3
II. INTRODUCTION 5
III. KEY DATES AND DEADLINES 5
IV. VACATIONRENTALS 6
A. Vacation Rental Overlay District 6
B. Issuance of Vacation Rental Licenses 6
C. Renewal of Vacation Rental Licenses 8
D. Denial of STR Application for Vacation Rental License 9 E. Amortization of Nonconforming Vacation Rentals Error! Bookmark not defined.
F. Transferability of Vacation Rental License 9
G. Application Fee for Vacation Rental License 9
H. Submission of TOT Under Vacation Rental License 9
I. Revocation of Vacation Rental License 10
V. HOME STAYS 10
A.
B.
C.
D.
E.
F.
Issuance of Home Stay Licenses 10
· Renewal of Home Stay Licenses 10
Denial of STR Application for Home Stay License 11
Application Fee for Home Stay Licenses 11
Submission of TOT Under Home Stay License 12
Revocation of Home Stay License 12
24849024.6 11
I. GLOSSARY
This glossary provides definitions for many of the terms used in these STR Administrative Policies and Procedures
City
City Council
CMC
Home Stay
Home Stay License
Home Stay Licensee
City of Carpinteria and/or its designee, including without limitation any third-party companies with which the City may contract. References herein to City staff, including such as the Community Development Department, shall refer to such staff person or other designee.
City Council of the City of Carpinteria.
Carpinteria Municipal Code.
A type of short-term rental where the residential unit is the owner's primary residence and the owner remains in the
residential unit during the entire rental period. A Home Stay does not include the hosting of personal guests, home exchanges or Vacation Rentals. Tents, yurts and RVs are not allowed as a part of a Home Stay rental.
A license that allows the owner of a Residential Unit to use his or her Residential Unit as a Home Stay.
The owner of a Residential Unit who has been granted a Home Stay License for the Residential Unit and operates a Home Stay at the Residential Unit.
Nonconforming Vacation
Rental
Residential Unit
Short-Term Rental
A Vacation Rental that is located outside of the Vacation Rental Overlay District that meets the requirements specified in Section
14.47.190 of the CMC.
A building or portion thereof designed for or occupied in whole or in part, as a home, residency, or sleeping place, either permanently or temporarily, and containing not more than one kitchen per residential unit, but not including a hotel or boarding house, lodging house or motel. For the purposes of the CMC, Residential Unit includes the term dwelling unit and housing unit. See also CMC Section 14.08.190 "Dwelling."
The rental of a Residential Unit for a period of thirty (30) consecutive calendar days or less, subject to all applicable City land use regulations, permit/licensing requirements, and payment of fees and/or taxes, including transient occupancy tax as defined in Chapter 3.20 of the CMC. Short-Term Rentals include both 24849024.6
3 Vacation Rentals and Home Stays. Tents, yurts and RVs are not allowed as a part of a Short-Term Rental.
STR Regulations The City's comprehensive regulations governing Short-Term Rental use throughout the City, adopted as Ordinance No. 708.
STR Administrative This document, which sets forth the City's administrative policies Policies and Procedures and procedures for implementation of the STR Regulations.
STR Application A Business Tax License and Transient Occupancy Tax Certificate Initial Application for Short-Term Rental use that the owner of a Residential Unit must fill out and submit via the City's STR Website to apply for a Vacation Rental License or Home Stay License.
STR Renewal Application A Business Tax License and Transient Occupancy Tax Certificate Renewal Application for Short-Term Rental use that the owner of a Residential Unit must fill out and submit via the City's STR Website by June 15 of each year to renew their Vacation Rental License or Home Stay License.
STR Website The website portal that the owner of a Residential Unit must use to submit its STR Application or STR Renewal Application.
Information regarding how to access the portal is available at https :// carpinteriaca. gov/city-hall/ administrative-servicesfinance/ short-term-rental-information/.
TOT Transient Occupancy Tax.
Vacation Rental A type of Short-Term Rental where the owner of the Residential Unit does not remain in the Residential Unit during the entire rental period. Vacation Rentals typically include the rental of an entire dwelling or premises. For the purposes of the CMC, a Vacation Rental does not include time shares, Home Stays or home exchanges. Tents, yurts and RVs are not allowed as a part of a Vacation Rental.
Vacation Rental License A license that allows the owner of a Residential Unit to use his or her Residential Unit as a Vacation Rental.
Vacation Rental License
List
A list of applicants interested in receiving a Vacation Rental License that the City creates upon receipt of an application for a Vacation Rental License. Applicants will be added to the Vacation Rental License List in the order in which STR
Applications are received. Residential Unit(s) will be considered for Vacation Rental License(s) based on their ranking.
24849024.6
4 II. INTRODUCTION
The City's comprehensive STR Regulations, codified in the CMC as Chapters 14.47 and 14.52, became effective on July 1, 2017. This document sets forth the City's administrative policies and procedures for clarification and implementation of the STR Regulations.
Pursuant to CMC Sections 14.47.240 and 14.52.210, the City Manager has the authority to adopt and amend the STR Administrative Policies and Procedures as necessary to implement the intent of the STR Regulations. The City Council may also request amendments to the STR Administrative Policies and Procedures.
III. KEY DATES AND DEADLINES
The following chart sets forth key dates and deadlines under the STR Regulations.
Key Dates and Deadlines
May 1
June 15
July 1
July 1 - June 15
Revised STR Application and STR Renewal Application forms available for new TOT Certificate/Business License Cycle Deadline to submit STR Application for new or renewal of existing STR Vacation Rental License (for processing before start of new TOT Certificate/Business License Cycle begins)
New TOT Certificate/Business License cycle begins
STR Applications for new Vacation Rental Licenses accepted for review on rolling basis
24849024.6
5 IV. VACATION RENTALS
A. Vacation Rental Overlay District
The Vacation Rental Overlay District map depicted below was adopted as part of the STR Regulations. This map identifies the four areas (i.e., Area A, B, C, and D) that comprise the Vacation Rental Overlay District. Section 14.47.090 of the CMC sets forth the maximum number of Vacation Rental Licenses the City is authorized to issue in each of these four areas at any given time.
j
"'l ,l ,, 1 ,;.i 1~ :1 /1 a r u ( Ii :I r d t I
Vacation Rental Overlay
Area Map
Dale 412612017
B. Issuance of Vacation Rental Licenses
Pursuant to the STR Regulations, a maximum number of Vacation Rentals are allowed within each area of the Vacation Rental Overlay District. In order to operate a Vacation Rental, the owner of a Residential Unit must apply for and receive a Vacation Rental License from the City under the STR Regulations. All Vacation Rentals must be operated in compliance with the Operating Standards set forth in Section 14.47.080 of the CMC.
The application requirements for Vacation Rentals are located in Sections 14.47.070, 14.47.090,
14.47.100, and 14.47.180 of the CMC. In order to apply for a Vacation Rental License, the owner of the Residential Unit must submit a completed STR Application via the STR Website. 24849024.6
6 A Copy of the STR Application is available on the STR Website. Each STR Application should specify the area (i.e., Area A, B, C, or D) within the Vacation Rental Overlay District where the Residential Unit is located.
The City will accept STR Applications for a new Vacation Rental License on a rolling basis throughout the year. Revised STR Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most up-to-date version of the STR Application; STR Applications submitted on outdated forms will not be accepted. The City will issue a Vacation Rental License to each owner of a Residential Unit that meets the requirements set forth in the STR Regulations and in this Section of the STR Administrative Policies and Procedures, provided that the maximum number of Vacation Rental Licenses the City is authorized to issue within each area (i.e., Area A, B, C, and D) of the Vacation Rental Overlay District has not been exceeded. (See CMC § 14.47.090(a).) The City will accept STR Applications, and review and issue Vacation Rental Licenses, on a first-come, first-served basis until the maximum is reached in each area. Vacation Rental Licenses expire June 30 of each year and are subject to renewal requirements regardless of the date they were issued.
If and when the number of submitted STR Applications exceeds the number of Vacation Rental Licenses available for any area within the Vacation Rental Overlay District, upon receipt of an STR Application for that area, the City will add the applicant's name to the Vacation Rental License List. 1 Prior to being added to the Vacation Rental License List, the applicant must submit payment of an application fee to cover staff time involved in maintaining and managing the Vacation Rental License List.2 Names will be added to the Vacation Rental License List on a first-come, first-served basis. An applicant's position on the Vacation Rental License List cannot be sold or transferred; it is specific to both the applicant and the Residential Unit identified in the STR Application. Except as allowed under Section IV (E) of these STR Administrative Policies and Procedures, any transfer in ownership of a Residential Unit requires submission of a new STR Application subject to Sections 14.47.070, 14.47.090, 14.47.100, and
14.47.180 of the CMC and the procedure outlined in Section IV(B) of these STR Administrative Policies and Procedures.
If and when an additional Vacation Rental License becomes available within a previously full area within the Vacation Rental Overlay District, the City will contact the first applicant on the Vacation Rental License List to offer the opportunity to obtain a Vacation Rental License. The City will use the applicant's contact information listed on his or her STR Application. Once contacted by the City, the applicant will have ten (10) days to respond to the City and submit an application fee, as set forth in Section IV(F) of these STR Administrative Policies and Procedures.
3 If the applicant does not submit an application fee within ten (10) days of being contacted by the City, that applicant will be removed from the Vacation Rental License List and the City will offer the opportunity to obtain a Vacation Rental License to the next highest ranked applicant on the Vacation Rental License List. Once an applicant submits the required application fee, the City will review the applicant's STR Application and, upon a determination 1 Only owners of a Residential Unit are eligible to apply for a Vacation Rental License. (CMC § 14.47.030.) 2 The City is in the process of developing this fee.
3 Once the City begins its review of an applicant's STR Application, the application fee is non-refundable regardless of whether or not the applicant is issued an STR License. 24849024.6
7 that the STR Application is complete and complies with the STR Regulations, will issue the applicant a Vacation Rental License. If there are no names on the Vacation Rental License List, the City will review and issue Vacation Rental Licenses to applicants on a first-come, firstserved basis.
For example, if the City receives five (5) STR Applications for residential units within Area A and there are two (2) available Vacation Rental Licenses in Area A, the City will issue Licenses to the property owners of the first two (2) STR Applications it received, assuming the STR Applications are complete and meet all the requirements in the CMC. The property owners named on the remaining three (3) STR Applications will be added to the Vacation Rental License List in the order the applications were received. If and when an additional Vacation Rental License becomes available in Area A, the City will follow the procedure set forth in the paragraph above and offer the opportunity to obtain a Vacation Rental License to the first name listed on the Vacation Rental License List for Area A.
Each owner shall agree to waive all claims, indemnify, and hold harmless the City for any and all liability for any injury or damages arising out of, or in connection with, the owner's participation under the City's STR Regulations.
C. Renewal of Vacation Rental Licenses
By May 1 of each year, the City will send out Vacation Rental License renewal reminders to the owners of all Residential Units with a valid Vacation Rental License. To renew an existing Vacation Rental License, the owner of the Residential Unit must (1) submit a STR Renewal Application via the STR Website, (2) submit a copy of the advertisement for the rental unit or, if the Vacation Rental is not advertised, a written explanation of how the rental unit is rented out, (3) be in compliance with the requirements of both the STR Regulations and the STR Administrative Policies and Procedures, ( 4) pay the Renewal of STR Application/License fee, as set forth in Section IV(F) of these STR Administrative Policies and Procedures, and (5) remit all required TOT remittance payments and quarterly statements ( even if the amount of TOT owed is $0) associated with the Vacation Rental to the City. Revised STR Renewal Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle.
Applicants should be sure to use the most up-to-date version of the STR Renewal Application; STR Renewal Applications submitted on outdated forms will not be accepted.
The City will, on an annual basis, audit 5% of Vacation Rental licenses and respond to complaints received. Audit findings, code violations, or failure to comply with the requirements herein and renew prior to June 15 of each year may result in expiration or revocation of the Vacation Rental License and require that a new STR Application be submitted to the City subject to Sections 14.47.070, 14.47.090, 14.47.100, and 14.47.180 of the CMC and the procedure outlined in Section IV(B) of these STR Administrative Policies and Procedures. Renewals of Vacation Rental Licenses must be for the same owner, address, and unit number; changes to any of these details require submission of a new STR Application subject to Sections 14.4 7 .070,
14.47.090, 14.47.100, and 14.47.180 of the CMC and the procedure outlined in Section IV(B) of these STR Administrative Policies and Procedures.
24849024.6
8 D. Denial of STR Application for Vacation Rental License In order to receive a Vacation Rental License, an applicant must comply with all requirements of the STR Regulations. Based on the authority set forth in Sections 14.47.070(h), 14.47.080(m),
14.47.080(0), and 14.47.090 of the CMC, the City Manager has discretion to deny an STR Application for a Vacation Rental License, which discretion shall include but not be limited to the following reasons: (1) the Residential Unit is located outside of the Vacation Rental Overlay District, (2) the limit on the number of Vacation Rental Licenses the City is authorized to issue pursuant to Section 14.47.090(a) of the CMC has already been met, (3) the Residential Unit is not in compliance with any federal, state, or local law, including the STR Regulations, and ( 4) the STR Application is incomplete or does not comply with the requirements of the STR Regulations.
E. Transferability of Vacation Rental License
The STR Regulations specify that sale or transfer of a Residential Unit will result in automatic expiration of the Vacation Rental License. For purposes of the STR Regulations, "sale or transfer" does not include (1) a change in property ownership as a result of inheritance, (2) transfer of ownership interest between existing owners as long as the portion of the ownership interest being transferred is being transferred to one of those existing owners, or (3) transfer of less than 10 percent of total ownership of the property. Although these enumerated situations constitute a change of ownership of the Residential Unit, the change would not result in the automatic expiration of the Vacation Rental License associated with that Residential Unit.
Within ninety (90) days of a change of ownership falling into one of the exception categories listed above, the new owner must fill out and submit an STR Application (pursuant to the requirements set forth in Sections 14.47.070, 14.47.090(b)-(e), 14.47.100, and 14.47.180 of the CMC) via the STR Website. The City's fee for reviewing an initial STR Application will apply.
As part of the application process, the new owner must provide the City with documentation sufficient to prove that the change in ownership for the Residential Unit is due to one of the exemptions outlined in the preceding paragraph.
F. Application Fee for Vacation Rental License
The City Council adopted the following fee schedule in Resolution No. 5700 on February 13, 2017. These fees are effective as of April 14, 2017:
• Initial STR Application/License: $315.00
• Renewal ofSTRApplication/License: $105.00
Pursuant to the CMC, the City Council may amend these fees from time to time.
G. Submission of TOT Under Vacation Rental License
All owners of Residential Units holding a Vacation Rental License must comply with the requirements, procedures, and schedule set forth in Chapter 3.20 of the CMC regarding remittance of the TOT to the City. Remittance payments must be accompanied by a TOT 24849024.6
9 Remittance Form, available at the STR Website. TOT Remittance Forms must be submitted quarterly, even if no TOT has been collected. Failure to remit TOT consistent with these requirements may result in expiration and forfeiture of the Vacation Rental License pursuant to Section 14.47.140 of the CMC.
H. Revocation of Vacation Rental License
Vacation Rental Licenses may be revoked as set forth in Sections 14.47.150, 14.47.160, and
14.47.170 of the CMC. Before undertaking revocation proceedings, however, the City Manager will notify the owner of the Vacation Rental, in writing, of the ground( s) for revocation. At his or her discretion, the City Manager may provide an owner with a grace period to rectify the violation.
If an STR License for a Nonconforming Vacation Rental is revoked via revocation proceedings as set forth in Sections 14.47.150, 14.47.160, and 14.47.170 of the CMC, the nonconforming status and use shall terminate and a new Vacation Rental License will not be issued.
This Section in no way limits the City's authority pursuant to its police power, the CMC, or other applicable statutes. Health and safety violations do not require compliance with the revocation proceedings outlined in the STR Regulations and the City may rely on its police power, the CMC, and other applicable statutes to remedy such violations immediately.
V. HOME STAYS
A. Issuance of Home Stay Licenses
Pursuant to the STR Regulations, Home Stays are allowed in Residential Units throughout the City. The application requirements for Home Stays are located in Sections 14.52.050, 14.52.070,
14.52.080, and 14.52.160 of the CMC. In order to apply for a Home Stay License, the owner of the Residential Unit must fill out and submit a STR Application via the STR Website. With its application, the owner-applicant must also submit a signed affidavit stating that the Residential Unit for which the applicant is seeking a Home Stay License is the applicant's primary residence, as well as at least one ( 1) form of documentation evidencing the same. Such evidentiary documentation may include the owner-applicant's driver's license, property tax residential exemption, homeowner's insurance, or other similar documentation that, in the sole discretion of the City Manager, provides sufficient evidence that the owner-applicant primarily resides at the Residential Unit. Revised STR Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most upto-date version of the STR Application; STR Applications submitted on outdated forms will not be accepted.
Home Stays must be operated in compliance with the Operating Standards set forth in Section
14.52.060 of the CMC.
B. Renewal of Home Stay Licenses
By May 1 of each year, the City will send out Home Stay License renewal reminders to the owners of all Residential Units with a valid Home Stay License. To renew an existing Home 24849024.6
10 Stay License, the owner of the Residential Unit must (1) submit a STR Renewal Application via the STR Website, (2) be in compliance with the requirements of both the STR Regulations and the STR Administrative Policies and Procedures, (3) pay the Renewal of STR Application/License fee, as set forth in Section V(D) of these STR Administrative Policies and Procedures, ( 4) remit all required TOT remittance documents associated with the Home Stay to the City, and (5) provide a newly executed affidavit stating that the Residential Unit for which the applicant is seeking a renewal of his or her Home Stay License is the applicant's primary residence, as well as at least one (1) form of documentation evidencing the same. Such evidentiary documentation may include the owner-applicant's driver's license, property tax residential exemption, homeowner' s insurance, or other similar documentation that, in the sole discretion of the City Manager, provides sufficient evidence that the owner-applicant primarily resides at the Residential Unit. Revised STR Renewal Application forms will be available on May 1 prior to the start of the new TOT Certificate/Business License Cycle. Applicants should be sure to use the most up-to-date version of the STR Renewal Application; STR Renewal Applications submitted on outdated forms will not be accepted.
The City will, on an annual basis, audit 5% of Home Stay licenses and respond to complaints received. Audit findings, code violations, or Failure to comply with these requirements and renew prior to June 15 of each year may result in expiration or revocation of the Home Stay License and require that a new STR Application be submitted to the City subject to Sections
14.52.050, 14.52.070, 14.52.080, and 14.51.160 of the CMC and the procedure outlined in Section V(A) of these STR Administrative Policies and Procedures.
C. Denial of STR Application for Home Stay License
In order to receive a Home Stay License, an applicant must comply with all requirements of the STR Regulations, including compliance with the requirement that the Residential Unit must be the applicant's primary residence. Based on the City's authority set forth in Sections
14.52.050(d), 14.52.060(h), and 14.52.070 of the CMC, the City has discretion to deny an STR Application for a Home Stay License, for reasons including but not limited to the following: (1) the Residential Unit is not in compliance with any federal, state, or local law, including the STR Regulations, and (2) the STR Application is incomplete or does not comply with the requirements of the STR Regulations.
D. Application Fee for Home Stay Licenses
The City Council adopted the following fee schedule in Resolution No. 5700 on February 13, 2017. These fees are effective as of April 14, 2017:
• Initial STR Application/License: $315.00
• Renewal of STR Application/License: $105.00
Pursuant to the CMC, the City Council may amend these fees from time to time. 24849024.6
11 E. Operation of Home Stays
In operating a Home Stay, the Home Stay Licensee must comply with all operating standards set forth in Section 14.52.060 of the CMC, including the requirement that (1) the maximum occupancy of a Home Stay shall be limited to no more than four Home Stay guests, and (2) the Home Stay guests shall be limited to no more than one vehicle. For clarity and the avoidance of doubt, a Home Stay Licensee shall only allow one Home Stay booking at any specific time, and each such booking shall be limited to a maximum of four guests and one vehicle.
F. Submission of TOT Under Home Stay License
All owners of Residential Units holding a Home Stay License must comply with the requirements, procedures, and schedule set forth in Chapter 3.20 of the CMC regarding remittance of TOT to the City. Remittance payments must be accompanied by a TOT Remittance Form, available at the STR Website. TOT Remittance Forms must be submitted quarterly even if no TOT has been collected. Failure to remit TOT consistent with these requirements may result in expiration and forfeiture of the Home Stay License pursuant to Section 14.52.120 of the CMC.
G. Revocation of Home Stay License
Home Stay Licenses may be revoked as set forth in Sections 14.52.130, 14.52.140, and
14.52.150 of the CMC. Before undertaking revocation proceedings, however, the City Manager will notify the owner of the Home Stay, in writing, of the ground(s) for revocation. At his or her discretion, the City Manager may provide an owner with a grace period to rectify the violation.
This Section in no way limits the City's authority pursuant to its police power, the CMC, and other applicable statutes. Health and safety violations do not require compliance with the revocation proceedings outlined in the STR Regulations and the City may rely on its police power, the CMC, and other applicable statutes to remedy such violations immediately. 24849024.6
12 The Planning Commission did not meet since the last City Council meeting and there are no Planning Commission actions to report.