Agenda Item A.3
CONSENT CALENDAR
Meeting Date: May 19, 2026
TO: Mayor and Councilmembers
SUBMITTED BY: Peter T. Imhof, Planning and Environmental Review Director PREPARED BY: Anne Wells, Advance Planning Manager
Molly Cunningham, Assistant Planner
SUBJECT: Short-Term Vacation Rental Ordinance Amendments RECOMMENDATION:
Conduct second reading by title only and adopt Ordinance No. 26 -__, entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 5.08 (Short-Term Vacation Rentals) of the Goleta Municipal Code and Finding the Amendments to be Statutorily Exempt from the California Environmental Quality Act under CEQA Guidelines §§ 15060, 15061, and 15378 (Case No. 25-0006-ORD).” BACKGROUND:
The City adopted the Housing Element 2023 -2031 on December 5, 2023, which was subsequently certified by the California Department of Housing & Community Development on February 5, 2024. One Housing Element subprogram that was identified for implementation is HE 1.7 Monitor and Address Impact of Short-Term Vacation Rentals (STVRs) on Existing Housing Stock . Currently, the City regulates STVRs through requirements found in Chapter 5.08 (Short -Term Vacation Rentals) of the Goleta Municipal Code (GMC).
City staf f prepared a draft ordinance to amend Chapter 5.08 to support the implementation of Housing Element subprogram HE 1.7 . Changes to the City’s STVR regulations relate to: definitions for hos ted/non-hosted STVRs and primary residence; a waiting period for non -hosted STVR licenses for recently purchased properties and properties subject to no -fault eviction; a three -strike violation and license suspension provision; a prohibition on STVR licens es for a property owned by a corporation, limited liability company, or any form of business trust; and a limitation on number of nights per year a non-hosted STVR may be rented.
The draft ordinance and an errata to amend Chapter 5.08 were presented to th e City Council on May 5, 2026. At the meeting, City Council recommended adoption of the amendments, including the errata.
1 Meeting Date: May 19, 2026
DISCUSSION:
On May 5, 2026, the City Council conducted the first reading of the Ordinance, provided as Attachment 1. The City Council agreed with the proposed amendments and staff’s recommendation to adopt the Ordinance.
The City Council must conduct a second reading of the Ordinance prior to the Ordinance going into effect. The City Council may then adopt the Ordinance, which would then be effective on the thirty-first day after adoption.
FISCAL IMPACTS:
There is no direct fiscal impact from adoption of the Ordinance. Funding for Planning and Environmental Review Department staff time to prepare the Proposed Ordinanc e was included in the adopted FY 2025-26 Budget under Program 4300 of the Advance Planning Division.
Full implementation of the ordinance amendments and the related administrative changes will need to be implemented as time and staff capacity allow and wi thin the Finance Department FY 2026 -27 and FY 2027 -28 Budgets. Staff anticipates one -time and additional ongoing costs associated with program implementation and oversight. To help offset those costs, Finance staff intends to pursue full cost recovery thro ugh the STVR license fee structure and anticipates bringing back a proposed fee adjustment for Council consideration at a later date. The current short -term vacation rental license fee is $377 (consisting of a $373 license fee plus a $4.00 SB 1186 State Mandate Fee) and is subject to a CPI adjustment in FY 2026 -27 to $388 (consisting of a $384 license fee plus $4.00 SB 1186 State Mandate Fee).
The net effect on Transient Occupancy Tax (TOT) revenue is uncertain, and any specific estimate would be speculative. While the 120-night cap may reduce TOT collected from higher-volume non-hosted operators, displaced visitor demand may shift to hotels and other licensed lodging within the City, which are also subject to TOT. Net revenue effects will become clearer as program data develops following implementation.
ALTERNATIVES:
The City Council could choose not to adopt the Ordinance . In that case, STVRs would continue to be regulated as currently provided in Chapter 5.08 of the GMC.
LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
2 Meeting Date: May 19, 2026
ATTACHMENTS:
1. Ordinance No. 26-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 5.08 (S hort-Term Vacation Rentals ) of the Goleta Municipal Code and Finding the Amendments to be Statutorily Exempt from the California Environmental Quality Act under CEQA Guidelines §§ 15060 , 15061, and 15378 (Case No. 25-0006-ORD)”
Exhibit A: Amended Chapter 5.08 of the Goleta Municipal Code
3 ATTACHMENT 1
Ordinance No. 26-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 5.08 (Short-Term Vacation Rentals) of the Goleta Municipal Code and Finding the Amendments to be Statutorily Exempt from the California Environmental Quality Act under CEQA Guidelines §§ 15060, 15061, and 15378 (Case No. 25-0006-ORD)”
4 Ordinance No.26-__ Short Term Rental Ordinance Amendments ORDINANCE NO. 26-__
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GOLETA, CALIFORNIA, AMENDING
CHAPTER 5.08 (SHORT -TERM VACATION
RENTALS) OF THE GOLETA MUNICIPAL CODE
AND FIND ING THE AMENDMENTS TO BE
STATUTORILY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CEQA
GUIDELINES §§ 15060, 15061, AND 15378 (CASE
NO. 25-0006-ORD)
WHEREAS, the City’s Housing Element 2023 -2031 was adopted on December 5, 2023; and
WHEREAS, the City’s Housing Element 2023 -2031 identifies subprogram HE 1.7 (Monitor and Address Impact of Short -Term Vacation Rentals on Existing Housing Stock), which includes considering additional regulations for short term rentals; and
WHEREAS, the City’s Short-Term Vacation Rental (“STVR”) regulations are contained in Chapter 5.08 of the Goleta Municipal Code; and
WHEREAS, City staff updated Chapter 5.08 on July 18, 2023 , to increase efficiency and effectiveness of the STVR permitting process, gain a more accurate accounting of the number of STVR units in Goleta, and begin to analyze the impact of STVRs on the local housing market; and
WHEREAS, City staff contracted with Bay Area Economics ( “BAE”) to support the City’s implementation of Housing Element 2023-2031 subprograms HE 1.7; and
WHEREAS, BAE conducted analysis on STVRs and prepared a STVR and Underused Housing Stock Study (Study); and
WHEREAS, the Study was presented during a duly notices City Council hearing on May 20, 2025; and
WHEREAS, following Council direction, BAE and City staff reviewed seven peer jurisdiction’s STVR regulations and conducted interviews with five jurisdictions; and
WHEREAS, BAE compiled the peer review findings into a Peer Jurisdiction Short-Term Vacation Rental Policy Review Memorandum (“Memo”); and
5 Ordinance No.26-__ Short Term Rental Ordinance Amendments WHEREAS, City staff and BAE utilized the findings from the Study and Memo to amend Chapter 5.08 consistent with City Council direction; and
WHEREAS, the City Council adopted Ordinance No. 26-__, which amends Title 5 of the Goleta Municipal Code, by a majority vote on ______, 2026,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. Environmental Review
The amendments are not subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) pursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity is not a project as defined in Section 15378(a) but it is an organizational or administrative activity by governme nt that will not result in direct or indirect physical changes in the environment pursuant to Section 15378(b)(5).
The amendments are also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
As such, the Ordinance is exempt from further CEQA review.
SECTION 3. Title 5 of the Goleta Municipal Code Amendments
Chapter 5.08, entitled “Short-Term Vacation Rentals,” is amended to read a shown in Exhibit A.
SECTION 4. Effect of Amendments
To the extent any provision of this Ordinance repeals, amends, or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed or superseded part of previous approvals will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
6 Ordinance No.26-__ Short Term Rental Ordinance Amendments SECTION 5. Severability
If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 6. Codification
The City Clerk shall cause these amendments to be appropriately renumbered and codified in Title 5 of the Goleta Municipal Code on the effective date of this Ordinance.
SECTION 7. Certification of City Clerk.
The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 8. Effective Date.
This ordinance shall take effect on the 31 st day following adoption by the City Council.
7 Ordinance No.26-__ Short Term Rental Ordinance Amendments INTRODUCED ON the 5th day of May, 2026.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2026.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ ISAAC ROSEN
CITY CLERK CITY ATTORNEY
8 Ordinance No.26-__ Short Term Rental Ordinance Amendments
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ , City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 26-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
9 EXHIBIT A
Amended Chapter 5.08 of the Goleta Municipal Code
10 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 1 Chapter 5.08: Short-Term Vacation Rentals
§ 5.08.010. Authority and Purpose.
This chapter is adopted pursuant to the police powers of the City for the purpose of requiring the owner or owners of a residential dwelling unit that is used as a short -term vacation rental, as defined herein, to apply for and secure a license authorizing such use in the manner provided for by this chapter. The City seeks to facilitate short-term vacation rentals while promoting responsible visitor and operator behavior and protecting the long- term residential character of its neighborhoods.
§ 5.08.020 Definitions.
The definitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction:
“Hosting platform” means a person or entity who participates in short -term 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.
“License administrator” means the City Finance Director or such other City employee as may be designated by the City Manager to administer the provisions of this chapter.
The license administrator shall have the authority to make interpretations and to promulgate guidelines in order to facilitate orderly administration of this chapter.
“Owner of a short -term vacation rental, ” “owner,” or “host” means the person or persons holding fee title to a dwelling unit operated and used as a short -term vacation rental, or a person or persons holding the lease estate to a dwelling unit and operating and using the leased dwelling unit as a short -term vacation rental, or the agents of any such persons.
“Short-term vacation rental” means a dwelling unit other than a dwelling unit located in a hotel, as those terms are defined in this Code, that is rented to a tenant for a period of not more than 30 consecutive days.
“Hosted Short-Term Vacation Rental” means a short-term vacation rental of one or more rooms or sleeping areas within a residential dwelling, where the property owner or long-term tenant remains in residence for the duration of the short -term vacation rental.
“Non-Hosted Short-Term Vacation Rental” means a short-term vacation rental of some or all of a dwelling unit, where the primary resident or homeowner is not present through the duration of the rental.
11 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 2 “Primary Residence” means the home where the owner or host of a short-term vacation rental lives for the majority of the year, and uses as their principal domicile for legal, tax, and voting purposes, as may be verified by the City.
§ 5.08.030 License Required.
A. No owner or owners of a short-term vacation rental shall rent, offer to rent, or advertise for rent a short -term vacation rental to another person without a license approved and issued in the manner provided for by this chapter.
B. Any valid short -term vacation rental license that is issued under this chapter before August 17, 2023 is considered a short-term vacation rental license under this chapter.
C. A short-term vacation rental license shall be valid until December 31 in the year in which it is first issued and upon renewal it is valid for a period of one year from January 1 through December 31 of each year, unless sooner revoked. A license under this section does not confer any rights to any person for more than the above-referenced period.
D. No short -term vacation rental license shall be renewed automatically. It shall be the responsibility of the host to renew the license prior to the end of each calendar year and submit an updated application or renewal form and any applicable fee at least 30 days prior to the expiration date of the license. Upon timely submission of renewal, the license will remain effective until the license is renewed or denied. Failure to timely submit an application and renewal fee for renewal of an existing license may be deemed op erating without a license and in violation of this chapter, upon expiration of the then-issued license or unless sooner revoked. Applications for renewal shall be in a form required by the license administrator and include updates of all information required or submitted for the license.
E. A short-term vacation rental license shall be issued only to the specific person listed on the application.
F. A short-term vacation rental license may not be transferred from one person to another.
A short-term vacation rental license does not run with the land. Except as provided in Goleta Municipal Code Sections 5.01.300 and 5.01.310, any change to the organizational structure of the owner or any change of ownership of the short -term vacation rental requires a new short-term vacation rental license.
§ 5.08.040 License Applications.
Applications for a license required by this chapter shall be submitted by an owner, or an agent authorized on behalf of the owner to submit an application on their behalf, in a form and contain the information required by the license administrator, and shall be accompanied by the following:
12 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 3 A. A nuisance response plan containing the information required by this chapter;
B. A transient occupancy registration certificate issued by the City Finance Director pursuant to Chapter 3.06 of the Goleta Municipal Code;
C. A surety bond in the amount of $1,500.00 issued by a responsible surety company and in the form required by this chapter;
D. A license application fee in an amount establishe d in the manner provided for by this chapter;
E. A written declaration affirming that, at least 30 days prior to issuance of the license, occupants of all residences and businesses located within 200 feet from the proposed short-term vacation rental have been notified of the proposed license and have been informed in writing in a form acceptable to the City of the proposed use and the contact information with the City to seek additional information or register concerns or objections; and
F. Such other inf ormation and/or additional forms as deemed necessary by the license administrator or other department to which the application for a license is referred.
Notice of issuance of the license shall be provided to everyone who files a written request for such notice.
§ 5.08.050 License Fees.
All license application fees, including any renewal application, and the fees charged incident to the amendment of a nuisance response plan shall be established by the City Council.
§ 5.08.055 Licensed Occupancy.
Every l icense issued by the City shall specify the maximum number of overnight occupants allowed at the short-term vacation rental and the maximum number of vehicles associated with the overnight occupancy of the short -term vacation rental which can be parked at the property.
§ 5.08.060 Nuisance Response Plans.
A. Each nuisance response plan accompanying an application for a license required by this chapter shall contain the following information and otherwise be in a form required by the license administrator:
1. The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a short-term vacation rental pursuant to the license.
13 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 4 2. The name, address and telephone number of the person or persons who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the short-term rental(s) by tenants, their visitors and/or their guests. For the purposes of this chapter, a return telephone call to a complainant within 30 minutes of the initial complaint shall be deemed “prompt.”
a. No more than a total of three persons shall be designated in the response plan as a person responsible for responding to or causing a response to a nuisance complaint; and
b. Only one such person shall be designated as the person responsible for responding to a nuisance complaint during any particular hours of the day, different days in a week, and/or different weeks of the year.
3. The manner of responding to or causing a response to a nuisance complaint, including, but not limited to, the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.
4. The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this chapter, “timely corrective action” shall include, at a minimum, a telephone call to the primary adult occupant of the short-term vacation rental within 30 minutes of the initial nuisance complaint.
5. The proposed maximum number of overnight occupants, with supporting documentation identifying unusual size, interior layout, parking or other physical characteristics, if any, that support a request for occupancy greater than two persons per bedroom, plus two additional persons.
6. The number of off-street parking spaces and number of bedrooms available at the short-term vacation rental.
B. At any time, the owner or ow ners of a short -term vacation rental may change the content of the nuisance response plan approved incident to the issuance of the license by filing an amended response plan with the license administrator. Such amended response plan shall contain all of th e information and be in the form required by this section and shall be accompanied by an amended response plan fee in an amount established in the manner provided for by this chapter.
§ 5.08.070 Notice of Nuisance Response Plans.
Promptly following the approval and issuance of a license required by this chapter, or the approval of an amended nuisance response plan in the manner provided for by this chapter, the license administrator shall require the applicant to provide proof that the 14 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 5 nuisance response plan has been mailed by first class mail addressed to the owner or occupant of every property, any part of which is located within a 200 -foot radius of the property that is to be used and occupied as a short-term vacation rental, pursuant to such license.
§ 5.08.080 Approval of License—Grounds for Denial, Suspension or Revocation.
A. Upon receipt of an application for a license required by this chapter, the license administrator will review the application and supporting documents and will approve and issue a license to the owner or owners of the property that is the subject of the application that authorizes the use and occupancy of such property as a short -term vacation rental if the license administrator finds that the required appli cation fee has been paid, that the requirements of the short -term vacation rental license application as set forth in this chapter have been satisfied, and that the nuisance response plan and surety bond submitted with the application conform to the City’s requirements.
B. Notwithstanding subsection A of this section:
1. The license administrator is hereby authorized to promulgate written requirements relating to operations of short-term vacation rentals to implement the intent of this chapter and may amend them from time to time as the license administrator deems appropriate. Those requirements shall include, but are not limited to, the performance standards, as set forth in Section 5.08.085. Non - compliance with those requirements and standards may result in revocation of a license, as determined by the license administrator, in consultation with the City Attorney, and shall be conducted pursuant to the procedures as further set forth in this chapter.
2. A license shall be denied if a short -term vacation rental lic ense issued to the applicant or for the property has been suspended or revoked in the prior 24 months.
3. A license shall be denied if the residential dwelling unit proposed as a short - term vacation rental was established through Section 17.07.040(B).
4. A license application shall not be processed while an enforcement action by the City for violations of this chapter or any section of the Municipal Code is pending unless the approval is required to resolve the enforcement action.
5. No license shall be renewed unless all City fees and taxes owed by the applicant are paid in full, including the renewal fee.
6. A license for a non -hosted short -term vacation rental shall be denied if the dwelling unit proposed for the short -term vacation rental was subject to a no - fault eviction in the 24 months prior to the submission of the short-term vacation rental license application.
15 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 6 7. A license for a non -hosted short -term vacation rental shall be denied if the parcel on which the short -term vacation rental is proposed was purcha sed in the 24 months prior to the submission of the short-term vacation rental license application.
C. A short-term vacation rental license shall only be issued for a property owned by an individual or a personal trust. No short-term vacation rental license shall be issued to a corporation, a limited liability company, or any form of business trust.
D. In addition to any other remedy provided by this chapter, a license issued pursuant to this chapter may be suspended, modified, or revoked for a violation of this chapter, for a violation of any other law on the premises of the short -term vacation rental, or for the maintenance of such other condition as may be shown to be injurious to the public health and safety. Revocation proceedings may be initiated by the C ity Manager or City Attorney and shall be conducted pursuant to the procedures set forth in Section
1.02.110 of this Code.
§ 5.08.085 Performance Standards.
Each owner, and each tenant or occupant of a short-term vacation rental, shall at all times comply with or cause compliance with the performance standards applicable to short - term vacation rentals they own, lease or occupy, as established by this section.
A. The owner shall ensure that the short -term vacation rental complies with all current applicable codes regarding fire, building and safety, and all other relevant laws and ordinances.
B. No person shall list, offer to rent, or advertise for rent a short -term vacation rental without including in the listing, offer, or advertisement the City license numbe r applicable to the short -term vacation rental property in the form “Goleta License No. __________.” The license number shall be displayed or printed in the same size type as the largest type used in the main body of the offer or advertisement.
C. The owner shall require the primary overnight and daytime occupant of the short-term vacation rental to be an adult 18 years of age or older. This adult shall provide a telephone number to the owner and shall be accessible to the owner by telephone at all times.
D. Prior to occupancy, the owner shall obtain the name, address, and driver ’s license number or a copy of the passport of the primary adult occupant of the short -term vacation rental. The owner shall require that adult to sign a formal acknowledgement that he or she is legally responsible for compliance of all occupants of the short -term vacation rental or their guests with all provisions of this chapter. This information shall be provided by the responsible party identified in the nuisance response plan upon request of any police officer or employee of the City authorized to enforce this chapter or State law.
16 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 7 E. The owner shall limit overnight occupancy of the short -term vacation rental to a specific number of occupants, with the maximum number of overnight occu pants being two persons per bedroom, plus two additional persons.
F. The owner shall limit the number of vehicles associated with the overnight occupancy of the short-term rental to a specific number of vehicles, with the maximum number of vehicles being the number of off-street parking spaces available at the property.
G. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection on scheduled trash collection days. The owner of the short-term vacatio n rental shall provide sufficient trash collection containers and service to meet the demand of the occupants.
H. Each lease or rental agreement for a short -term vacation rental shall include the following terms, notifications and disclosures, which terms sh all also be posted in a conspicuous location inside the unit:
1. The maximum number of overnight occupants and day use visitors that are permitted.
2. The maximum number of vehicles that overnight occupants may park at the short-term rental.
3. Notification that on-street parking is extremely limited in some areas of the City.
4. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property.
5. Notification that the occupant may be cited or fined by the City and/or immediately evicted by the owner pursuant to State law, in addition to any other remedies available at law, for violating any other provisions of this chapter.
6. Notification that failure to conform to the occupancy requirements of the short- term vacation rental is a violation of this chapter.
7. Notification that amplified sound, including radios, televisions and other electronic devices are subject to the City ’s Noise Ordinance as set forth in Goleta Municipal Code Section 9.09.020.
8. A prohibition on illegal loud parties, along with notification of the City ’s right to recover the costs of special enforcement needed to address certain loud parties.
17 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 8 9. The name of the managing agency, agent, rental manager, local contact person, or owner of the unit, and a telephone number at which that party may be reached at all times.
10. A copy of the “Good Neighbor Guidelines ” which may from time to time be prepared by the license administrator. These guidelines may include location - specific information, such as neighborhood quiet hours, local speed limits and the prohibition of fires and fireworks in beach areas.
11. Notification that the property is part of the City of Goleta’s Short-Term Vacation Rental Program.
12. A copy of this chapter of the Goleta M unicipal Code, as it may be amended from time to time.
I. Upon receipt of a nuisance complaint or upon notification of an allegation that any occupant or guest of the short -term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the Goleta Municipal Code or any State law, the owner shall promptly respond and take timely corrective action to prevent a recurrence of such conduct by those occupants or guests. Failure of the owner to respond p romptly or to take timely corrective action regarding the condition, operation, or conduct of occupants of the short-term vacation rental shall be a violation of this chapter. An owner is not required or authorized to act as a peace officer or to intervene in situations that pose a risk to personal safety. The owner, or his or her agent, shall maintain records of the name, violation, date, and time of each complaint, disturbance, response and corrective action.
J. The owner shall cause a copy of the nuisance response plan to be posted in a conspicuous place within the property.
K. The owner shall annually provide to the license administrator written confirmation of compliance with all elements of the performance standards and the approved nuisance response plan and confirming that the nuisance response plan is current and accurate.
The performance standards may be modified by the license administrator upon request of the owner based upon site -specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental occupant as may be required by State or Federal disability laws. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed.
§ 5.08.090 Appeals.
18 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 9 Any party may file a written request with the City Clerk for a hearing before the City Manager within 10 days following a decision by the license administrator to grant, deny, or revoke a short -term vacation rental license. All appeals must be accompanied by payment of the required fee established by City Council resolution. The public shall be provided notice of the hearing consistent with the requirements of this Code. The hearing shall be opened no more than 45 days following the request for hearing being received by the City. A decision shall be made by the City Manager or designee within 10 days of the hearing. The decision of the City Manager shall be final.
§ 5.08.100 Surety Bonds.
A. Each surety bond accompanying an application for a license required by this chapter shall be issued by a surety licensed to do business in the State of California that has an A.M. Best Financial Strength Rating of at least “A-”, shall name the City as the bond obligee, and shall be conditioned on the payment of any administrative fine assessed in the manner provided for by Chapter 1.02 of this Code within the time provided for therein if:
1. The administrative fine was assessed either against the licensee or against any tenant or other person occupying or using the short-term vacation rental operated pursuant to such license; and
2. The administrative fine arose out of a violation of this chapter, or the occupancy or use of such short -term vacation rental in a manner that violated any provision of this Code.
B. At any time following the issuance of a license required by this chapter, the licensee may file a substitute surety bond with the license administrator issued by a surety that meets the requirements of this section. Upon determining that such substitute bond conforms to such requirements, the license administrator shall return the bond being replaced by the substitute surety bond to the licensee.
§ 5.08.110 Cessation of Use of a Property as Short-Term Vacation Rental.
Where the owner of property used and occupied as a short-term vacation rental pursuant to a license approved and issued in the manner provided for by this chapter determines to cease such use, the property owner shall promptly cause a notice of such determination to be filed with the license administrator. Within 30 days following confirmation that there are no pending enforcement actions arising from v iolations of this chapter, the license administrator shall return the surety bond provided to the City to the licensee.
§ 5.08.115 Hosting Platform Responsibilities.
A. A hosting platform must have a current, valid business license from the City to facilitate any booking for a short-term vacation rental within the City.
19 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 10 B. A hosting platform that facilitates bookings for any short-term vacation rental in the City shall provide a mandatory field in which a host or owner must enter a City license number applicable to the property (as required by this chapter), in the form “Goleta License No. __________, ” prior to listing a short-term vacation rental on its platform. The hosting platform shall cause the license number applicable to the property to be visible to any person viewing the listing for the specified property.
C. Before allowing a host to list a short-term vacation rental on its platform, a hosting platform shall advise the host of the following:
1. The City regulates short-term vacation rentals. Short-term vacation rentals are only allowed in accordance with Chapter 5.08 of the Goleta Municipal Code.
2. A short-term vacation rental in Goleta is only legal if the owner has a valid license from the City.
3. The host must provide a valid City license for the short-term vacation rental in the listing, or the listing must be taken down.
4. Failure to provide a valid City license with the listing may also subject the host to civil and criminal enforcement action by the City, in addition to restrictions by the hosting platform.
D. Subject to all applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each short-term vacation rental listing located in the City, the contents of the City license number field, the host ID, listing ID, names of the persons responsible for each such listing, the address of each such listed property, the length of each stay for each such listing (with dates), and the price paid for each stay.
E. If, in the course of facilitating a booking transaction, a hosting platform collects rent from a tenant, the hosting platform must also collect and at least monthly remit the following to the City:
1. Transient occupancy tax in accordance with Chapter 3.06 of this Code; and
2. South Coast Tourism Business Improvemen t District assessments in accordance with Resolution No. 22-12, to the extent permitted by law.
In the event a hosting platform does not collect rent from a tenant, the hosting platform must display the applicable transient occupancy tax.
F. In the event a listing does not display a valid City license issued in accordance with this chapter, the City shall provide notice to the applicable hosting platform of the non-compliant listing. Within seven business days thereof, the hosting platform 20 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 11 shall remove the listing for the respective property until such time as that property has obtained a valid City license issued in accordance with this chapter.
§ 5.08.120 Violations.
A. Misdemeanors. Any violation of this chapter is a misdemeanor punishable in the manner provided for by Section 1.01.190 of this Code. Violations include, but are not limited to, the following:
1. Rental, listing, offering, or advertising for rental of a dwelling unit located on any property within the City by the owner of the prope rty as a short -term vacation rental without a license authorizing such use that has been approved and issued in the manner required by this chapter;
2. Failure of the owner of a short -term vacation rental issued a license in the manner required by this chapter or the owner’s designated agent to respond to a nuisance complaint arising out of the occupancy and use of the short - term rental by a tenant, or the tenant’s visitors or guests in the manner and within the time required by a nuisance response plan appro ved by the license administrator incident to the issuance of such license;
3. Failure of the owner of a short -term vacation rental issued a license in the manner required by this chapter to keep a response plan required by the chapter on file with the licens e administrator containing the name of the current person or persons responsible for responding to a nuisance complaint within the time required by this chapter;
4. Failure of the owner of a short -term vacation rental issued a license in the manner required by this chapter to keep a valid surety bond required by this chapter on file with the license administrator at all times such license remains in effect;
5. Listing, offering, or advertising for rent a short -term vacation rental without including in the listing, offer, or advertisement the City license number applicable to the property in the form “License No. __________” with the license number displayed or printed in the same size type as the largest type used in the offer or advertisement; or
6. Failure to comply with or cause compliance with any performance standard listed in this chapter.
B. License Suspension. The occurrence of three of the above -mentioned violations within a 12-month timeframe results in the automatic suspension of the Short-Term Vacation license for the property. Property owners may reapply following the 24- month suspension period.
21 Exhibit A: Amended Section 5.08 of the Goleta Municipal Code 12 C. Fines. Notwithstanding anything to the contrary in any other provision of this Code, the City Council may authorize fines for misdemeanors, infractions, and administrative citations specific to violations of this chapter, in the maximum amounts and to the maximum extent allowed by law.
D. Other Remedies. Nothing in this section prevents the City from pursuing compliance with this chapter through administrative enforcement or a civil action in addition to, or in lieu of, charging the violator with a misdemeanor or infraction.
§ 5.08.130 Owner Monthly Reporting and Remittance Requirements.
A. An owner of a licensed short -term vacation rental must submit to the lice nse administrator by the 15th day of each month a report, in the manner and form approved by the license administrator, setting forth: (1) the number of nights in which the short-term vacation rental was rented in the preceding month, including the respective number of nights in which it was rented through any and all hosting platforms, and the respective rates for each night; and (2) the amount of TOT or TBID revenues required to be collected by the owner, in accordance with all applicable laws and regulat ions, for each night in which the short -term vacation rental was rented in the preceding month, if not collected through a respective hosting platform.
B. In the event TOT or TBID revenues are not collected through a hosting platform, an owner must report and remit such revenues for the preceding month by the 15th day of each month. For example, on the 15th day of April, an owner shall report and remit any and all TOT and TBID revenues required to be collected, in accordance with all applicable laws and regulations, for each night in the month of March in which the short-term vacation rental was rented.
§ 5.08.140. Limitation on Number of Non-Hosted Nights Per Year.
A non-hosted short-term vacation rental may not be rented out more than 120 cumulative nights per calendar year.
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