Code Section Topic Code Language Comments Recommendation
5.96.040 (H) Commercial Insurance The owner must provide proof of commercial insurance that covers the rental
of the property as a short-term vacation
rental with limits as may be established by
the city manager and amended from time to
time. Proof of insurance shall be provided at
the time of both initial and renewal permit
issuance and shall remain in effect for the
duration of the annual permit. Failure to
maintain commercial property insurance
shall result in suspension of the permit.
Revise the requirement for
commercial insurance, as
commercial insurance is applicable
to commercial uses such as retail,
restaurants, etc.
Revise this section to delete the
requirement for commercial
insurance and instead require the
property owner to obtain short
term vacation rental insurance.
5.96.040 (N)(2) Denial of application A permit application shall be denied if the city determines any of the following grounds
for denial exist:
Findings not included. Refer to Attachment 3-
STVR Ordinance.
This section does not indicate if the
findings apply to new or renewal
permits and should be clarified to
indicate findings for a new or
renewal permit.
Revise language establishing
findings for both "New" and
"Renewal" applications.
Proposed CCMC 5.96 Ordinance Changes
SHORT TERM VACATION RENTAL PROGRAM
01/11/2022 Page 1 of 6 CCMC 5.96 Proposed Changes
Code Section Topic Code Language Comments Recommendation
5.96.040 (Q) Certificate of Occupancy Any newly constructed dwelling applying for a permit must be accompanied by a
completed and approved certificate of
occupancy.
A certificate of occupancy is not
issued on single family residential
construction. A final inspection is
conducted on the building permit
and final approval granted.
Recommend deletion of this
provision, as certificates of
occupancy are not issued for single
family residential construction.
Section 5.96.040 (L) prohibits the
issuance of a new or renewal
permit if the STVR does not have
functioning smoke and carbon
monoxide detectors, utilities,
unpermitted alterations or other
conditions that present health and
safety concerns, which would
cover the original permitting.
5.96.040(R) Mailing Notification Within thirty days of the issuance of a new permit or renewal permit, the city shall mail
a notice to all residences within three
hundred feet of the STVR notifying the
residents that a permit has been issued and
providing information regarding how to
lodge complaints regarding the STVR, if any.
This requirement should only be
applicable for new applications.
In HOA communities, the 300 foot
radius can average 200 mailings for
one STVR. Where there are multiple
STVRs residents are receiving
multiple mailings and have called to
complain. Hundreds of notices have
been returned by the post office,
the majority of which are for HOA
properties.
Revise to require that notification
should be required for new permit
applications only.
For HOA properties, notification to
be given to HOA management,
rather than the property owner.
It should be noted that postage
associated administrative costs are
not offset by the STVR owner.
01/11/2022 Page 2 of 6 CCMC 5.96 Proposed Changes
Code Section Topic Code Language Comments Recommendation
5.96.050 (C) Occupancy The number of occupants allowed to be present at any short-term vacation rental or
home share shall be limited as follows:
Table not included. Refer to Attachment 3 -
STVR Ordinance.
Currently there is no distinction
between adults and children as
occupants.
Staff has received calls from
potential renters with a young child
forced to rent a larger STVR
because the child is counted
towards occupancy.
Occupancy limitations are intended
to limit overcrowding, noise and
other deleterious effects related to
the number of persons in a STVR.
Should the City Council be inclined
to consider a change, staff
recommends that children under
the age of two (2) not be
considered towards occupancy.
5.96.050(G) Trash Permitted short-term vacation rental
properties shall have walk up trash service
for trash cans and are further required to
have a total of two regular trash cans and
two recycling trash cans. The owner or the
owner’s authorized agent or representative
shall use reasonably prudent business
practices to ensure compliance with all the
provisions of Chapter 6.04 and Section
13.80.090 of the city municipal code.
Additional trash bins should only be
required for four (4) bedroom
properties or more.
Add verbiage that this does not
apply to home shares.
Walk up service should not apply to
homeshares where the homeowner
is at the home to ensure
compliance and has lesser
occupancies, nor to STVR's in an
HOA which either have communal
bins and/or are gated.
Amend the code as noted.
5.96.050(K) URL Submittal All internet listing sites (e.g., website URLs) and listing numbers associated with a short-
term vacation rental shall be submitted
within thirty days of approval of the permit
and thereafter with the monthly transient
occupancy tax form due to the city.
Providing URL on a monthly basis is
redundant for staff and property
owner and provides minimal
enforcement value. URL
information should be gathered at
the time of application and upon
yearly renewal.
Delete requirement for monthly
URL submittal.
01/11/2022 Page 3 of 6 CCMC 5.96 Proposed Changes
Code Section Topic Code Language Comments Recommendation
5.96.050 (N) Parking A maximum of one vehicle per bedroom of the STVR is permitted to park in the garage
and driveway of the STVR or property or on
the street. Vehicle parking in front of any
mailbox is prohibited.
STVR Officers respond to a number
of complaints of a car parked in
front of an STVR property's mailbox
and determined that the car
belonged to the STVR occupant.
Consider revising so that vehicles
associated with the STVR can park
in front of the mailbox for the STVR
property.
It should not be a violation to park
in front of the STVR property's own
mailbox. Determining whether the
vehicle belongs to an STVR
occupant can easily be done by
checking the guest
acknowledgment form which
identifies the vehicles associated
with the rental.
5.96.050(R) Long Term and
subleasing property
short-term
The lessee of a long term rental property
shall not obtain a permit and is prohibited
from using the property as a short-term
vacation rental. No person who has rented a
short-term vacation rental shall sublet such
dwelling unit or any portion thereof to any
other person or entity.
This language is a permitting
requirement and should be moved
to Section 5.96.040.
Move to Section 5.96.040.
5.96.050(S) Administrative Appeal
Process
If a permit is suspended or revoked, all
property owners within three hundred feet
of the short-term vacation rental property
shall be provided written notice within ten
days of such action. If such action is
appealed, all property owners within three
hundred feet of the short-term vacation
rental property shall be notified of the time,
date, and location of the appeal hearing and
shall be afforded the right to testify during
the hearing.
Inconsistent wording with the
administrative appeal process in
Chapter 13. 150 (Permit and License
Suspension, Modification and
Revocation Procedures).
A hearing is required on a
suspension/revocation. The hearing
officer's decision can be appealed,
but it is done through civil
proceedings, which is outside of the
City's authority.
Revise this Section so it is
consistent with Chapter 13.150.
01/11/2022 Page 4 of 6 CCMC 5.96 Proposed Changes
Code Section Topic Code Language Comments Recommendation
5.96.050(S) Administrative Appeal
Process: Noticing of
Neighbors
If a permit is suspended or revoked, all
property owners within three hundred feet
of the short-term vacation rental property
shall be provided written notice within ten
days of such action. If such action is
appealed, all property owners within three
hundred feet of the short-term vacation
rental property shall be notified of the time,
date, and location of the appeal hearing and
shall be afforded the right to testify during
the hearing.
Notification of the action taken
should be provided to residents.
The hearing to suspend or revoke, is
not a public hearing and should not
be treated as such.
Revise Section so it is consistent
with Chapter 13.150 and remove
requirement for public notice
and/or participation.
5.96.070 (B)(2) Permit suspension
process: automatic
suspension
A violation of any provision of this chapter
by any of the occupants, responsible parties,
owner(s) or the owner’s authorized agent(s)
or representative(s) shall constitute grounds
for modification, suspension and/or
revocation of the short-term vacation rental
unit permit and/or any affiliated licenses or
permits pursuant to the provisions set forth
in Chapter 13.150. The city may issue a
notice of violation to any occupant,
responsible party, owner(s) or the owner’s
authorized agent or representative, pursuant
to Chapter 13.55, if there is any violation of
this section committed, caused or
maintained by the any of the above parties.
Chapter 13.150 (Permit and License
Suspension, Modification and
Revocation Procedures) requires
that the permittee be served with a
notice of action recommendation
and a hearing held regarding the
suspension.
The Code is clear that upon the
fourth violation that the permit
shall be suspended, and that is the
only deciding factor on a
suspension. Consideration should
be given to revising the language
stating the permit is automatically
suspeded, and a hearing would be
scheduled only if an appeal is filed.
If the Council were in agreement
with this change, the City
Attorney's office would need to
determine if such a change is
consistent with Chapter 13.150.
01/11/2022 Page 5 of 6 CCMC 5.96 Proposed Changes
Code Section Topic Code Language Comments Recommendation
5.96.070 (E) Permit suspension upon
fourth violation
Any person issued an administrative citation
under Chapter 13.58 for a violation of this
chapter or for violation of a term or
condition of a permit, for each separate
violation, shall be subject to a fine in an
amount to be established by resolution of
the city council. Upon a fourth violation
within twelve months at the same short-
term vacation rental, the city shall suspend
the permit for that STVR for a period of time
determined by the city.
In implementing this provision, Staff
determined that suspensions would
be issued upon the fourth citation,
rather than violation. This is a more
consistent and fair approach. The
reasoning is that there may be a
STVR owner with a well-managed
STVR but has a one-time bad tenant
that triggers four violations at one
call during a twelve month period.
As opposed to a STVR owner who
does not manage the property well
and may have multiple complaints
and may never reach a fourth
violation in a twelve-month period
and would not trigger a suspension.
Revise language so that a
suspension occurs upon the fourth
citation, rather than fourth
violation.
N/A - New Number of rooms that
can be rented in a home
share
N/A - New The code is silent on whether there
should be a limitation on the
number of rooms that can be
concurrently rented at a home
share. A premise of home shares is
that the generate less noise, trash,
parking, etc. Should the number of
rooms rented be limited to 50% of
the number of rooms in the home?
Provide staff direction on possible
code amendment.
01/11/2022 Page 6 of 6 CCMC 5.96 Proposed Changes