030822-H-13sr&att.pdf — Long Beach City Council, March 15, 2022 (part 1 of 2)

CITY OF
LONG
Development Services Department
411 West Ocean Boulevard, 3'" Floor long Beach, CA 90802 (562) 570-5237
March 8, 2022

HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:

H-13
Receive supporting documentation into the record, conclude the public hearing, find the municipal code amendments consistent with the adopted Negative Declaration (ND 07- 19) and find the municipal code amendments statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.9 and Cal. Code Regs. Tit. 14, Section 15265;
Declare Ordinance amending Title 5, Regulation of Businesses, Trades and Professions, of the Long Beach Municipal Code, to implement modifications by the California Coastal Commission (Coastal Commission), read the first time and laid over to the next regular meeting of the City Council for final reading;
Declare Ordinance approving a Zoning Code Amendment amending Title 21, Zoning Regulations, of the Long Beach Municipal Code, to implement modifications by the California Coastal Commission, read the first time and laid over to the next regular meeting of the City Council for final reading; and,
Adopt a Resolution authorizing the City Manager, or designee, to submit the Local Coastal Program Amendment (LCP-5-LOB-20-0058-3) and associated materials to the California Coastal Commission for its review and certification in compliance with the California Coastal Commission's December 15, 2021 action. (Citywide)

DISCUSSION
In accordance with the 1976 California Coastal Act, the City of Long Beach (City) has a certified Local Coastal Program (LCP), which consists of the Land Use Plan and Implementation Plan (IP). The IP includes the Zoning Code, the Zoning Map, and the Subdivision Code. Chapter

5. 77 of Title 5 of the Long Beach Municipal Code (LBMC), establishing the administrative procedures and regulatory framework for short-term rentals {STRs), is not currently a part of IP policies of the City Certified LCP, but would be incorporated into the certified IP with this action.

On June 23, 2020, the City Council approved Ordinance No. ORD-20-0024 adding Chapter

5. 77 to Title 5 of the LBMC, related to the regulation of STRs. On December 15, 2020, the City Council approved Ordinance No. ORD-20-0045 amending Chapter 5. 77 LBMC to allow un-

HONORABLE MAYOR AND CITY COUNCIL
March 8, 2022

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hosted STRs. The Ordinance was submitted as a Local Coastal Program Amendment (LCPA) to the Coastal Commission on September 4, 2020 for certification.

On December 15, 2021, the Coastal Commission held a public hearing for the LCPA (LCP-5- LOB-20-0058-3) (Attachment A) and recommended certification of the LCPA with four (4) modifications pertaining to the regulation and number of STRs in the Coastal Zone (Attachment B). The proposed amendments to the Ordinance include the maximum number of STRs allowed in the Coastal Zone, procedures for census block group requests to prohibit STRs, and other procedural modifications to the registration process. The recommended modifications to the LBMC require the City Council approval prior to resubmittal to the Coastal Commission for its approval and certification.

The City Council's discretion in this matter is to either accepting or rejecting the modifications, no further changes are possible at this stage in the Coastal Commission review process without starting anew and submitting an entirely new application. In order for the LCPA to be approved and certified by the Coastal Commission, the City Council must take action to accept the modifications. If adopted, the Ordinance will be forwarded to the Coastal Commission for final approval and certification. The requisite findings to support these actions are included as Attachment C.

More specifically, the proposed modifications made by the Coastal Commission are intended to provide consistency with the LCP and the California Coastal Act (Coastal Act). The following is a summary of the modifications - the entirety of suggested modifications can be found in Attachment B:
• Suggested Modification 1: Allow for up to 350 non-primary residence STRs in the Coastal Zone each year. The citywide cap of 800 non-primary residence STRs shall not be applied to prohibit additional STRs in the coastal zone until the 350 non-primary STRs are exhausted.
• Suggested Modification 2: Limit the ability to prohibit STRs, unless such restrictions were explicitly in place prior to the adoption of the Coastal Act in 1976, or by requiring coastal development permits to be issued for requests to prohibit STRs within buildings and census block groups. This modification serves to clarify the role of the subject regulations if in conflict with restricted covenants, or similar documents, that existed prior to the adoption of the Coastal Act.
• Suggested Modification 3: Avoid cumulative impacts to public access from individual STR restrictions by monitoring and reporting STRs throughout the Coastal Zone and, if adverse impacts are observed, amending the LCP to correct and mitigate for such impacts.
• Suggested Modification 4: Maximize public access for all people by including a commitment to non-discriminatory services and Americans with Disabilities Act (ADA) accessibility information as part of the registration process.

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March 8, 2022

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These changes do not affect the citywide cap of 800 STRs in the STR Ordinance, but include a provision related to the number of STRs in the Coastal Zone. The required modifications do not substantially change the STR program including opt-out provisions. The changes provide better consistency between other restrictions already in place for properties in the Coastal Zone and the provisions of the STR program. The changes are also necessary to comply with State law requirements related to visitor-serving accommodations in the Coastal Zone.

The modifications to Chapter 5.77 are included in Title 5 and the IP of the City (Attachment D).

In addition, the modifications require text revisions to Title 21 of the LBMC, Zoning Regulations, to add a definition of STRs and required findings for approval of a Local Coastal Development Permit (LCDP) to restrict STRs in the Coastal Zone (Attachment E).

Public Hearing Notice
In accordance with public hearing notification requirements for a Zoning Ordinance Amendment in LBMC Section 21.21.302.C, notice of this public hearing was published in the Long Beach Press-Telegram on February 22, 2022; written notices were sent to the Coastal Commission and to anyone requesting such notice. Notices were provided to City branch libraries and notice posting was provided at City Hall and at three public locations.

Environmental Review
In accordance with the Guidelines for Implementation of the California Environmental Quality Act (CEQA), Public Resources Code Section 21080.9 and California Code of Regulations Section 15265(a)(1 ), the proposed modifications are statutorily exempt. CEQA does not apply to activities and approvals by the City necessary for the preparation and adoption of an LCPA.

The proposed modifications are necessary for certification of the LCPA by the Coastal Commission. No additional action is required for environmental review.

Additionally, in accordance with CEQA and the CEQA Guidelines, a Negative Declaration (ND 07-19) was previously prepared for the STR Ordinance and adopted by the City Council on May 19, 2020 (Attachment F). The current action is procedural in nature and consists only of relatively minor modifications to land use regulations and does not include any direct land use approvals. The proposed adoptions under current consideration fall within the scope of the previously certified Negative Declaration, and no further environmental review is required. The proposed amendments to the Ordinance would not add any mitigation measures or change the environmental setting or circumstances of the previously approved Ordinance (project).

This matter was reviewed by Deputy City Attorney Monica Kilaita and Revenue Management Officer Geraldine Alejo on February 10, 2022.

HONORABLE MAYOR AND CITY COUNCIL
March 8, 2022

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TIMING CONSIDERATIONS
City Council action is requested on March 8, 2022, to comply with the Coastal Act requirement that the City complete the adoption of the modifications by June 15, 2022.

FISCAL IMPACT
The proposed changes will not significantly impact implementation of the City's current STR program and therefore there is no net fiscal impact associated with this recommendation. Some changes will result in the department issuing permits not previously required prior to Coastal Commission Ordinance review. This recommendation has a minor staffing impact and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.

SUGGESTED ACTION:

Approve recommendation.

Respectfully submitted,
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DIRECTOR OF DEVELOPMENT SERVICES
ATTACHMENTS: CITY COUNCIL ORDINANCES (2)

CITY COUNCIL RESOLUTION
APPROVED:

THOMAS B. MODICA

CITY MANAGER

ATTACHMENT A- CALIFORNIA COASTAL COMMISSION STAFF REPORT

ATTACHMENT B - CALIFORNIA COASTAL COMMISSION NOTICE OF APPROVAL

ATTACHMENT C- FINDINGS
ATTACHMENT D - UNDERLINE STRIKE-OUT VERSION OF ORDINANCE (TITLE 5) ATTACHMENT E - UNDERLINE STRIKE-OUT VERSION OF ORDINANCE (TITLE 21) ATTACHMENT F - NEGATIVE DECLARATION ND 07-19

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH

MUNICIPAL CODE BY AMENDING AND RESTATING
CHAPTER 5.77, RELATED TO SHORT-TERM RENTALS
The City Council of the City of Long Beach ordains as follows:

Section 1. Chapter 5.77 of the Long Beach Municipal Code is amended and restated in its entirety to read as follows:

CHAPTER 5.77

SHORT-TERM RENTALS

5.77.010 Purpose.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, including short-term rentals.

5.77.020 Definitions.

A. “Booking transaction” means any reservation and/or payment service provided by a person or entity who facilitates a short-term rental transaction between a prospective guest and a short-term rental operator.

B. “City” means City of Long Beach.

C. “Director” shall mean the Director of Development Services or a person designated by the Director to act in her/his stead.

D "Guest" means any person or persons renting a short-term rental for transient occupancy.

E. “Host” means the natural person or persons, at least one (1) of whom is an occupier of the property, who is/are the owner of record of the property or operates the property, including a personal or family trust consisting solely of natural persons and the trustees of such trust or a limited liability company and the members of such company, or who is/are an authorized tenant of the property.

F. “Hosted stay” means a short-term rental activity whereby the host remains on-site and resides in a habitable dwelling unit or portion thereof throughout the guest's stay (except during daytime and/or work hours).

G. “Hosting platform” means a person or entity that participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

H. “Local contact person” means the person designated by the

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 operator to respond to and take remedial action regarding STR complaints.

I. “Non-primary residence STR” means a short-term rental that is not a primary residence.

J. “Platform agreement” means a signed agreement between a hosting platform and the City, which, among other things, provides that the hosting platform will collect and submit transient occupancy tax to the City on behalf of short-term rental operators.

K. “Primary residence” means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration; driver's license; voter registration; tax documents showing the residential unit as the person’s residence; or a utility bill. A person may have only one (1) primary residence and must reside there for a minimum of two hundred seventy-five (275) days during the calendar year. For properties with two (2) or more existing legally permitted dwelling units (e.g., a duplex), the term "primary residence" shall refer to the parcel of land and all units on that parcel or within a building in a residential development project.

L. “Primary residence STR” means a primary residence being operated as a short-term rental.

M. “Prohibited buildings list” means a list identifying the address(es) of all buildings whose owner(s), including any applicable homeowners’ association or board of directors, have notified the City, pursuant to City procedures, that short-term rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. Prohibited buildings list shall also include a list of census block groups where un-hosted STRs are prohibited per Section 5.77.080. In the Coastal Zone, the provisions of the prohibited buildings list shall apply only to buildings with restrictive covenants or homeowners’ associations

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 covenants, conditions, and restrictions (CC&Rs) that are not discriminatory (as defined in Government Code 12955) with explicit restrictions on short-term rentals or their equivalent recorded prior to the Coastal Act (January 1, 1977).

Restrictive covenants or CC&Rs proposed subsequent to the effective date of the Coastal Act (January 1, 1977) that restrict short-term rentals in the Coastal Zone shall require a Local Coastal Development Permit (LCDP) under the certified provisions of Division IX of Section 21.25 (Specific Procedures) of the Municipal Code to authorize the restriction for specific buildings. If such a LCDP is approved, the City shall comply with Section

5.77.050.O of these regulations.

N. “Residential development project” means a multi-family development (four (4) or more units) with more than one (1) building on one (1) or more parcels of land.

O. "Short-term rental (“STR”)" means a residential dwelling unit, or portion thereof, that is offered or provided to a paying guest(s) by a short- term rental operator for thirty (30) or fewer consecutive nights. The term “short-term rental” shall not include hotels, motels, inns, or bed and breakfast inns.

P. "Short-term rental advertisement" means any method of soliciting use of a dwelling unit for short-term rental purposes.

Q. "Short-term rental operator" or "operator" means any person who is the owner or tenant of a dwelling unit, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for short-term rental use.

R. “Single room occupancy” is as defined in Section 21.15.2667.

S. “Special group residence” is as defined in Section 21.15.2810 and 21.52.271.

T. “Tenant” means a person who has a rental agreement for a dwelling unit in which the rental payments are paid on a monthly or other

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 periodic basis in exchange for occupancy of the dwelling unit.

U. “Transient occupancy tax” (“TOT”) means local transient occupancy tax as set forth in Chapter 3.64 of the Long Beach Municipal Code.

V. “Un-hosted stay” means a short-term rental activity whereby the host, as that term is defined herein, resides off-site during the guest's stay.

5.77.030 Registration required.

A. No person or entity shall advertise, rent, or operate a short- term rental in the City unless a short-term rental (STR) registration has been issued by the City pursuant to this Chapter. An operator of the STR shall register with the City and shall be responsible for all requirements of this Chapter. Application for a STR shall be in a form prescribed by the Director with all information determined by the Director to be necessary to evaluate the eligibility of the operator, consistent with this Chapter.

B. Eligibility requirements. The following requirements must be met at the time of submitting a STR registration application:

1. The dwelling unit shall not be an accessory dwelling unit (ADU), a junior accessory dwelling unit (JADU), a deed restricted affordable housing unit, in a special group residence, a single room occupancy, or included on the prohibited buildings list.

2. The STR operator shall not operate more than one (1) primary residence STR and more than one (1) non-primary residence STR in the City.

3. The number of non-primary residence STRs in multi-
family development projects shall not exceed the number of dwelling units identified in the Table below:

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802

Number of dwelling units in a
residential development project

Number of non-primary residence STRs
allowed per residential development
project

2 to 10 1
11 to 50 10%
51 to 100 12%
101 or more 15%

4. The total number of non-primary residence STR
registrations allocated shall not exceed eight hundred (800) dwelling units, unless otherwise directed by the City Council by ordinance or resolution. In the coastal zone, the maximum number of non-primary dwelling units registered as STRs is three hundred fifty (350). The Citywide cap on STRs shall not be applied to prohibit additional STRs in the coastal zone until the three hundred fifty (350) STR units in the coastal zone are exhausted. The total number of non-primary residence STR registrations allocated shall be reviewed by the City Council on an annual basis.

5. The STR operator shall identify, to the satisfaction of the City, a local contact person who shall be available twenty-four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants; and (2) taking any remedial action necessary to resolve such complaints.

6. A signed and notarized property owner consent form
shall be provided if the STR operator is not the property owner.

7. The dwelling unit or property shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City’s Municipal Code.

8. No STR registration for the dwelling unit has been

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 revoked within the last twelve (12) months.

9. If the dwelling unit is subject to the rules of a
homeowners’ or condominium association or non-discriminatory restrictive covenant recorded prior to the Coastal Act (January 1, 1977) that restricts STRs or their equivalent, allowance to engage in short-term rental activity through this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions in those documents.

10. The operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Long Beach, the City Council of the City of Long Beach, individually and collectively, and the City of Long Beach representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the operator’s actions or inaction in the operation, occupancy, use, and/or maintenance of the short-term rental.

11. The unit shall be legally permitted as a dwelling unit.

12. The STR operator shall state whether the STR has
Americans with Disabilities Act (ADA)-accessible features.

5.77.040 Expiration and renewal.

A. A STR registration is valid for one (1) year from the date of issuance. It may not be transferred or assigned and does not run with the land. A STR registration may be renewed annually if the operator: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR registration; (3) submits records described in Section 3.64.080 for the last year to demonstrate

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 compliance with this Chapter.

B. Failure to submit a renewal application to the City at least thirty (30) days prior to the expiration of the registration shall render the registration and permission to operate an STR null and void.

5.77.050 Short-term rental regulations.

A. All marketing and advertising of a STR, including any listing on a hosting platform, shall clearly list the City-issued STR registration number and expiration date.

B. Short-term rental is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, a vehicle parked on the property, a storage shed, trailer, garage, boat or similar watercraft, tree house, or any temporary structure, including, but not limited to, a tent.

C. Un-hosted stays in a primary residence STR shall be limited to a maximum of ninety (90) days per year.

D. Un-hosted stays shall be prohibited in census block groups in the City where such stays are prohibited in accordance with Section

5.77.080 or any successor Section.

E. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:

1. The maximum number of occupants permitted in the
unit;

2. Parking capacity, location of parking spaces, and
parking rules, if any;

3. Trash and recycling pickup information;

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802

4. The name of the local contact and a telephone number at which that person may be reached on a twenty-four (24) hour basis;

5. Emergency contact information for summoning police,
fire, or emergency medical services; and

6. Evacuation plan for the unit showing emergency exit
routes, exits, and fire extinguisher locations.

F. The maximum number of persons who may occupy the STR at one (1) time shall be limited to two (2) persons per bedroom, plus two (2).

This calculation shall be inclusive of children. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited as part of the short- term rental use, unless a STR occasional event permit has been issued.

The maximum number of occasional event permits that can be issued during the annual term of registration per STR is four (4), and any application for an occasional event permit thereafter and within the same registration term shall automatically be deemed null and void by the City.

G. Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

H. All activities shall comply with all provisions of the Municipal Code, including, but not limited to Chapter 9.31 (Loud Parties on Private Property) and Chapter 8.60 (Solid Waste, Recycling and Litter Prevention).

I. No sign shall be posted on the exterior of the STR premises to advertise the availability of the STR rental unit to the public.

J. No person shall offer, advertise, book, facilitate, or engage in short-term rental activity in a manner that does not comply with this Chapter.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 K. Short-term rentals shall comply with all applicable laws and regulations of the City including those pertaining to health, safety, building, and fire protection.

L. The STR operator shall pay all applicable fees and charges set by the City Council by resolution as may be necessary to effectuate the purpose of this Chapter.

M. It is unlawful for any STR host, operator, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 8.80 (“Noise”) of this Code.

N. The appearance of the STR premises shall not conflict with the residential character of the neighborhood. All applicable development, design, and landscaping standards, including, but not limited to, those contained in Title 21 of this Code, are expressly made applicable to any premises used for STR purposes.

After the first report, new reports shall be submitted to the Commission every

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 five (5) years from the date of the first submittal. If the City or the Commission’s Executive Director identifies adverse impacts to coastal resources or inconsistencies with the City’s certified LCP resulting from restrictions on STRs in the coastal zone, then the City shall submit within one (1) year a Local Coastal Program Amendment (LCPA) request to the California Coastal Commission that addresses any identified adverse impacts to coastal resources by amending the LCP to mitigate for any adverse impacts identified and modify the certified short-term rental regulations to avoid such impacts in the future.

5.77.060 Short-term rental operator requirements.

A. The operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy of the unit.

B. The operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information.

C. The operator shall maintain and provide proof of liability insurance appropriate to cover the short-term rental use in the aggregate of not less than One Million Dollars ($1,000,000); or conduct each short-term rental transaction through a platform that provides equal or greater insurance coverage.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 remittance of the collected tax to the City in accordance with Chapter 3.64 (Transient Occupancy Tax). If a Hosting Platform does collect payment for the rentals, then it and the operator shall both have legal responsibility for the collection and remittance of the TOT.

E. The operator and property owner shall be jointly responsible for any nuisance violations arising at a property during short-term rental activities.

F. The operator shall authorize any hosting platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter.

G. The operator must consent to receive all City notices and fines regarding STR registration by U.S. mail.

5.77.070 Hosting platform responsibilities.

Hosting platforms are required to list the STR registration number and expiration date. Hosting platforms shall not process or complete any booking transaction for any property located in the City that would exceed the limit of days as set forth in Section 5.77.050.C.

B. Within forty-five (45) days of the effective date of this Ordinance, hosting platforms with listings located in the City shall provide to the City contact information for an employee or representative of the hosting platform that will be responsible for responding to requests for information from the City, including requests related to possible violations of this Chapter.

C. Subject to applicable laws, a hosting platform with listings located in the City shall provide to the City on a monthly basis, in a format

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 specified by the City, the STR registration number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each booking that occurs within the reporting period, the number of days booked, and the total price paid for each rental.

D. In the event a hosting platform has entered into a platform agreement, and an operator has assigned the responsibilities for the collection and remittance of transient occupancy tax to the hosting platform, then the hosting platform and the operator shall have the same duties and liabilities, including but not limited to the collection and remittance of transient occupancy tax to the City in compliance with this Chapter and Chapter 3.64 (Transient Occupancy Tax) of this Code.

E. The provisions of this Section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

F. Hosting platforms shall remove any listings for STRs, including those on the City’s prohibited buildings list, from the platform upon notification by the City. The City Manager shall develop, by administrative regulation, processes and procedures for the removal of any listing.

G. Hosting platforms shall inform all operators who use the platform of the operator's responsibility to collect and remit all applicable local, state, and federal taxes, unless the platform has a platform agreement.

H. It is unlawful to be a hosting platform operating in the City unless the responsibilities in this Section are fully complied with.

5.77.080 Request to Petition to restrict un-hosted short-term rentals within a geographical census block group.

A. The property owners of residential property in any census

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 block group within the City may request the City to initiate a petition process, using a form provided by the Director, to prohibit un-hosted STRs within that census block group.

1. In the Coastal Zone, the petition process shall follow the procedures below and requires a Coastal Development Permit under the certified provisions of Division IX of Section 21.25 (Specific Procedures) of the Municipal Code to authorize the restriction. Refer to item C, below.

B. The petition must include the signatures, printed names, and addresses of a majority of the property owners of residential real property located within the boundaries of the census block group and the petition process shall in all cases be initiated within one hundred and eighty (180) days after the effective date of this Chapter, and a new one hundred and eighty (180) day petition process period shall be established annually thereafter. The petitioning process will be completed by the City via U.S. mail, and the requestor(s) shall be responsible for the cost of initiating and completing the petition process, which cost will be established by the City Council by resolution. All petition signatures shall be collected by the City, and shall include the street address of each signer, and shall indicate and set forth the positive desire of all those signing the petition to prohibit un- hosted stays within the boundaries of the census block group. Each census block group shall be limited to the submission of one (1) request to initiate a petition process during any one hundred eighty (180)-day petition process period, on a first come, first served basis. Any second or subsequent petition request for the same census block group during the annual one hundred eighty (180)-day petition process period shall automatically be deemed null and void by the City without opportunity for an administrative appeal.

C. To the extent a petition seeks to prohibit un-hosted STRs

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 within the Coastal Zone boundaries of the City, and the petition process is successful, it shall have no effect on properties within the Coastal Zone boundaries until the California Coastal Commission or City approves a Coastal Development Permit in conformance with the required findings of the Coastal Act. Any petition to restrict un-hosted short-term rentals shall adhere to the certified provisions of Division IX of Section 21.25 (Specific Procedures) of the Municipal Code for procedures for LCDPs related to short-term rentals.

A LCDP approving a petition to prohibit un-hosted STRs in a census block group shall remain in effect subject to the expiration time limit established under the approved LCDP.

D. For purposes of the petition, each residential property within the census block group shall be represented by one (1) vote and multiple signatures for the same property shall count as one (1) vote.

E. Upon receipt of a petition, the Director shall verify that the petition contains the required number of signatures requesting that un- hosted stays be prohibited within the census block group.

F. Following approval of an un-hosted restriction by the Director, the City shall provide notice of the restriction to all residential property owners within the boundaries of the affected census block group.

G. Once approved, a restriction on un-hosted STRs shall remain in effect for a minimum of three (3) years following the effective date of such restriction. After the initial three (3) year restriction period, the restriction shall remain in effect indefinitely unless and until such restriction(s) are prohibited by law; or a request to initiate a petition to eliminate the restriction is filed with the City and a majority of the property owners within the restricted census block group sign the petition reflecting the positive desire of all those signing the petition to remove the restriction on un-hosted stays.

H. The City Clerk or the Department of Development Services

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 shall cause to be posted online a list or map of the current census block groups where un-hosted STRs are prohibited.

I. Any fees associated with the filing of the petition, or the removal of a restriction once adopted, shall be established by the City Council by resolution.

5.77.090 Enforcement.

A. It is unlawful to violate the provisions of this Chapter.

Violations include, but are not limited to:

1. Failure of the local contact to take action to respond to a complaint within one (1) hour after the complaint is received or a contact is attempted and the local contact cannot be reached;

2. Failure to notify the City when the local contact
information changes;

3. Violation of the STR maximum occupancy, noise, or
other requirements as set forth in this Chapter;

4. Providing false or misleading information on a STR
registration application or other documentation required by this Chapter;

5. Any attempt to rent an unregistered STR by advertising the property for short-term rental purposes;

6. Completing a booking transaction in the City without a valid City-issued registration number;

7. Completing a booking transaction where the STR
registration has been revoked or suspended by the City;

8. Exceeding the maximum number of occasional events
permitted in this Chapter;

9. Violations of state, county, or City health, building, or fire regulations;

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802

10. Conduct or activities that constitute a public nuisance or which otherwise constitute a hazard to public peace, health, or safety.

B. Unless otherwise described in this Section, enforcement of this Chapter shall be subject to the processes and procedures in Chapter

1.32 of the Municipal Code.

C. Notwithstanding anything to the contrary in Chapter 1.32, the fine shall be one thousand dollars ($1,000) for each violation. Each separate day in which a violation exists may be considered a separate violation.

However, a thirty (30) day warning period shall be provided prior to issuing fines for advertising a STR without a valid registration number.

D. If three (3) fines have been issued against a STR operator within a twelve (12) month period, the STR registration may be revoked or suspended or additional conditions may be imposed by the Director by providing written notice to the operator setting forth the basis of the intended action and giving the operator an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director shall determine whether to revoke the registration, suspend the registration, or impose additional conditions upon the registration and thereafter give written notice of the decision to the operator. If a STR registration is revoked, the STR may not be re-registered with the City for a period of twelve (12) months from the date of revocation, regardless of who is the STR operator.

E. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to the City.

G. If any violation of this Chapter is found to exist, the City may issue an administrative citation to any operator pursuant to Chapter 9.65 of this Code.

H. The City may take any other action permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Titles 5, 9, 18 and 21 of this Code.

I. The City may issue and serve administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person, hosting platform, or STR operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period.

J. Any person, hosting platform, or STR operator aggrieved by a decision of the Director with respect to the provisions of this Chapter may appeal the decision to the Board of Examiners Appeals and Condemnation (“BEAC”). The decision of the BEAC shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

K. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802

5.77.100 Fees.

The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.

5.77.110 Administration.

A. The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter.

B. If any provision of this Chapter conflicts with any provision of Title 21 (Zoning), the terms of this Chapter shall control.

5.77.120 Operator registration period.

STR operators shall apply for registration pursuant to this Chapter within one hundred eighty (180) days after the effective date of this Chapter.

5.77.130 Severability clause.

If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions or clauses or applications, and to this end the provisions, sections and clauses of this ordinance are declared to be severable.
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ____________________, 20 , by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

City Clerk Approved: (Date) Mayor

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY ADDING SECTION 21.15.2487, AND
BY AMENDING SUBSECTION 21.25.903.B, AND
SUBSECTION 21.25.904.C, RELATING TO SHORT-TERM

RENTALS INCORPORATING MODIFICATIONS BY THE

COASTAL COMMISSION
WHEREAS, on June 23, 2020, the Long Beach City Council approved Ordinance No. ORD-20-0024 adding Chapter 5.77 to Title 5 of the Municipal Code, related to the regulation of short-term rentals (STRs); and
WHEREAS, on December 15, 2020, the Long Beach City Council approved Ordinance No. ORD-20-0045 amending Chapter 5.77 to Title 5 of the Municipal Code, to allow un-hosted STRs. The Ordinance was submitted as a Local Coastal Program Amendment (LCPA) to the California Coastal Commission (Coastal Commission) on September 4, 2020 for certification, with a supplemental submittal of ORD-20-0045 on December 30, 2020; and
WHEREAS, On December 15, 2021, the Coastal Commission held a public hearing for the LCPA (LCP-5-LOB-20-0058-3). The Coastal Commission recommended certification of the LCPA with four (4) modifications pertaining to the regulation and number of STRs in the coastal zone. In addition, the suggested modifications require text revisions to Title 21 of the Municipal Code, Zoning Regulations, to add a definition of STRs, and required findings for approval of a Local Coastal Development Permit (LCDP) to restrict STRs in the coastal zone; and
WHEREAS, in accordance with the 1976 California Coastal Act, the City of Long Beach has a certified Local Coastal Program which consists of the Land Use Plan

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 and Implementation Plan. The Implementation Plan includes the zoning code, the zoning map, and subdivision code. Therefore, modifications to the Zoning Ordinance, a part of Implementation Plan, must be certified by the California Coastal Commission; and WHEREAS, in order for the Local Coastal Program Amendment to be certified by the California Coastal Commission, the City Council is taking action to accept the modifications by this ordinance;
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:

Section 1. Section 21.15.2487 of the Long Beach Municipal Code is hereby added to read as follows:

21.15.2487 Short-term rental.
"Short-term rental" means a residential dwelling unit, or portion thereof, that is offered or provided to a paying guest(s) by a short-term rental operator for thirty (30) or fewer consecutive nights. The term "short-term rental" shall not include hotels, motels, inns, or bed and breakfast inns.

Section 2. Section 21.25.903.B of the Long Beach Municipal Code is amended to read as follows:

B. Coastal Permits Issued by the City. The following categories of projects require coastal permits in accordance with the procedures set forth in this Division:

1. Development on the first lot located on, adjacent to, across the street from, or abutting the beach, bay, ocean or tidelands, except minor additions to a single-family residence as specified in Subsection 21.25.903.C (categorical exclusion).

2. All development projects which require additional discretionary review (such as a conditional use permit, subdivision map or standards variance).

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802

3. Traffic improvements which do not qualify for categorical exclusion.

4. Public works projects, excluding traffic improvement projects, with an estimated cost of fifty thousand dollars ($50,000.00) or more.

5. Any extension of an existing facility into tidelands, environmentally sensitive areas, coastal waterways, public parkland, or within fifty (50) feet of a coastal bluff edge.

6. Any application for the restriction of short-term rentals pursuant to the provisions and procedures outlined in Chapter 5.77 (Short-Term Rentals) in the certified LCP.

Section 3. Section 21.25.904.C of the Long Beach Municipal Code is amended to read as follows:

C. Findings Required. Prior to approving a local coastal development permit, the responsible hearing body must find:

1. The proposed development conforms to the certified
local coastal program, including but not limited to all requirements for replacement of low- and moderate-income housing; and

2. The proposed development conforms to the public
access and recreation policies of Chapter 3 of the Coastal Act. This second finding applies only to development located seaward of the nearest public highway to the shoreline.

3. For an application for a religious assembly use, if an exception or waiver of LCP requirements is sought under Section

21.52.219.8.G, that the exception or waiver allows the minimum deviation from LCP requirements necessary to comply with RLUIPA, and that the decisionmaker has imposed all conditions necessary to comply with all

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 provisions of the LCP, with the exception of the provision(s) for which implementation would violate RLUIPA.

4. The proposed development is sited, designed and
managed to minimize the transport of pollutants by runoff into coastal waters and groundwater, and to minimize increases in runoff volume and velocity from the site which may adversely impact coastal resources or coastal bluff stability. Best Management Practices shall be implemented, as applicable, including but not limited to applicable local, regional, state and federal water quality permits, standards and guidance provided in the LCP, best practices and other measures as may be recommended by the City Engineer.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 approximately twenty five percent (25%) less than the
statewide average daily room rate or less.
iii. The proposed restriction would not result in the net loss of short-term rentals below four hundred twenty-five (425) short-term rental units (both hosted and un-hosted and/or primary or non-primary) historically occurring in the coastal zone.
iv. The proposed restriction would be necessary to protect the neighborhood stability, housing access, and would be consistent with the neighborhood character established in the Local Coastal Program (LCP).

Section 4. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of , 20 , by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

City Clerk
Approved:
(Date) Mayor

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AUTHORIZING THE DIRECTOR OF

DEVELOPMENT SERVICES TO SUBMIT AMENDMENTS TO

THE LONG BEACH MUNICIPAL CODE AND THE CITY'S

CERTIFIED LOCAL COASTAL PROGRAM TO THE

CALIFORNIA COASTAL COMMISSION FOR ITS REVIEW

AND APPROVAL

WHEREAS, on December 15, 2021, the California Coastal Commission approved with modifications the City of Long Beach’s proposed Local Coastal Program (LCP) Major Amendment No. LCP-5-LOB-20-0058-3; and
WHEREAS, on ______________, 20__, the City Council of the City of Long Beach adopted said modifications by amending certain provisions of Title 5 of the Long Beach Municipal Code relating to Short-Term Rentals (STRs), and amended certain provisions of Title 21 of the City's Zoning Regulations likewise related to STRs; and WHEREAS, it is the desire of the City Council to resubmit the above referenced Title 5 and Title 21 amendment ordinances, which contain the modifications as suggested by the Coastal Commission in its action of December 15, 2021, to the Coastal Commission for further review and certification; and WHEREAS, the City Council gave full consideration to all facts and the proposals respecting the amendments to the Municipal Code and Zoning Regulations at a properly noticed and advertised public hearing;
WHEREAS, the amendments are to be carried out in a manner fully consistent with the Coastal Act and become effective in the Coastal Zone immediately upon Coastal Commission certification and approval; and WHEREAS, the City Council hereby finds that the proposed amendments

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 will not adversely affect the character, livability or appropriate development in the City of Long Beach and that the amendments are consistent with the goals, objectives and provisions of the City’s General Plan, including its certified LCP, and the California Coastal Act.

NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:

Section 1. The amendment to Title 5 of the Long Beach Municipal Code adopted on _______________, 2022, by Ordinance No. ORD-22-____________, and the amendment to the Long Beach Zoning Regulations Title 21 of the City of Long Beach adopted on _______________, 2022, by Ordinance No. ORD-22-____________, copies of which are attached to and incorporated in this resolution as Exhibit "A" and “B”, respectively, are to be submitted to the California Coastal Commission for its earliest review and certification as to that part of the ordinances that directly affect land use matters in that portion of the California Coastal Zone within the City of Long Beach.

Section 2. The Director of Development Services of the City of Long Beach is hereby authorized to and shall submit a certified copy of this resolution, together with appropriate supporting materials, to the California Coastal Commission with a request for its earliest action, as an amendment to the LCP that will take effect automatically upon Coastal Commission approval and certification pursuant to the Public Resources Code; or as an amendment that will require formal City Council adoption after final Coastal Commission approval.

Section 3. Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of a Local Coastal Program Amendment (LCPA) and therefore, does not apply to this action.

Section 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802 I certify that this resolution was adopted by the City Council of the City of Long Beach at its meeting of ___________________, 2022, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

City Clerk

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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.