City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: April 28, 2026
TO: Joshua McMurray, City Manager
FROM: Jose Cortez, Senior Planner
SUBJECT: Work Session to Discuss the Feasibility of Permitting Unhosted Stay Short-Term Rentals in the Downtown Specific Plan and an Update on SB 346 (Short-Term Rental Facilitator Act of 2025)
Background
SUMMARY
In April of 2025, Staff conducted a Planning and Zoning Work Session with the City Council that included three main topics, one of which was short-term rentals (STR).
On February 10, 2026 Staff conducted a follow-up work session with the City Council related to Feasibility of Permitting Unhosted Stay Short-Term Rentals in the Downtown Specific Plan and an Update on SB 346 (Short-Term Rental Facilitator Act of 2025). During that work session, staff provided background on the Downtown Specific Plan, and the differences between Hosted and Unhosted stays. Staff discussed the growing presence of short-term rentals (e.g., Airbnb and VRBO) within residential neighborhoods and the need to evaluate potential regulatory updates.
Concerns were raised regarding neighborhood impacts, the overall preservation of residential character, and impacts STRs could have on available housing stock for buyers. Council expressed interest in strengthening local regulations to better manage these uses. Potential measures discussed included implementing a formal permitting process and improving enforcement mechanisms to ensure compliance along with a discussion on whether the City Council wanted to consider allowing unhosted stays/vacation rentals in the Downtown. As a result on this Work Session, City staff were directed to conduct further analysis and develop draft ordinance options for future consideration. A copy of the February 10, 2026 Staff Report is attached as background information to supplement this Staff Report.
Additional Research
During the February 10, 2026 Work Session, Staff was asked to conduct additional research, specifically related to calls for service, comparison to nearby and similar jurisdictions, and to provide more information on City fishing tournaments. This section summarizes that additional research.
CALLS FOR SERVICE
In the context of policing, calls for service are incidents or requests for help that come to the police department and require some kind of response. The City of Approved and
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Oakley currently does not specifically track calls for service for short term rentals.
Staff conducted a survey of nearby jurisdictions, including Contra Costa County as recommended by the City Council. Staff surveyed Police Departments in Contra Costa County, Solano County, and Napa County and found that calls for service specifically for Short Term Rentals or Vacation Rentals were not tracked. Most responses stated that it would be difficult to track that specific of information. One jurisdiction that did permit STR’s stated that if staff wanted additional information they could provide it if it were for a specific address.
COMPARISION TO NEARBY AND SIMILAR JURISDICTIONS
In addition to researching calls for service for STR’s staff researched which nearby jurisdictions permit them. Staff found that Cities closest to the City of Oakley do not permit STR’s, including Brentwood, Antioch, Pittsburg, Walnut Creek, Clayton, and Concord. While some jurisdictions out right called out the prohibition of STRs, other jurisdictions had what is referred to as a “Permissive Zoning Code” which in summary is a Zoning Code that permits uses that are in the code and if they are not then they are not permitted. Farther beyond jurisdictions similar to Oakley due to proximity to recreational waters or due to size/suburban nature, Staff found that cities like Berkley, Napa, Sonoma, Richmond, Elk Grove did permit STRs in a variety of implementation methods. Cities like Napa permit both Hosted and Unhosted permits but limit each type of permit with Unhosted having fewer permits available and Hosted having more availability. Other Cities used different methods including the requirement of a discretionary permit. Staff additionally found that while some cities do not permit STRs, a Bed and Breakfast was an option through a discretionary permit, However staff would like to note that the requirements of a Bed and Breakfast Inn were different than those of an STR and were seen as more of a hotel type use in some jurisdictions.
FISHING TOURNAMENTS
One of the tournament’s hosts, Bass Angler Magazine, provided Staff with data for the upcoming tournament in May. Below summary outlines the estimated visitor count, daily spent, and national media reach for the BAM tournament series.
The 2026 Bass Angler Magazine (BAM) Tournament Series is expected to generate a measurable economic benefit to the City of Oakley, along with increased regional and national visibility. The series includes three events—a Pro-Am tournament, a Scholastic championship, and a Kayak championship—which differ from typical oneday local tournaments by attracting regional and national participants who stay multiple days within the community.
Based on information provided by the event organizer, the tournament series is expected to generate between $453,000 and $472,000 in direct economic activity within the City of Oakley. A significant portion of this spending is tied to overnight accommodations, as the Pro-Am and Scholastic events alone are anticipated to attract more than 200 participants who stay an average of five days in the 798
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
community. Lodging expenditures are estimated at approximately $150 per participant per day, representing a substantial share of overall visitor spending.
These events differ from typical one-day, locally attended tournaments by drawing regional and national participants who require multi-day accommodations. As such, they create increased demand for lodging options beyond traditional hotels, including potential demand for STRs. The ability to accommodate overnight visitors, particularly during peak events, may influence the extent to which visitor spending is captured within the City.
Discussion
The purpose of this work session is to discuss the two main topics presented herein and provide majority consensus direction back to Staff. The two main topics for discussion are as follows:
• Whether to allow any specific one, two or all three subareas in the DSP to have unhosted stays and possibly vacation rentals; and
• Whether to update the STR ordinance with language to implement SB 346.
A marked-up version of the STR Ordinance (Chapter 5.15 of the Oakley Municipal Code) is included as an attachment to this Staff Report. In that attachment, there are three areas with potential text additions to assist the City Council in its discussions. The additions are included in red and blue text.
RED TEXT ADDITIONS
The additions in red text are those that Staff has added as main options for amendments to the ordinance. These additions would allow STRs in the DSP, or any specific subarea of the DSP, as directed by the City Council, to have unhosted stays. The other part of the red text is to implement SB 346.
BLUE TEXT
The addition in blue text is an additional option that could be considered should the City Council direct Staff to proceed with a text amendment to the code to allow unhosted stays in the DSP or any subarea of the DSP. It would allow for vacation rentals in the same portion of the DSP as the unhosted stays.
STR OPERATOR AVAILABILITY LANGUAGE
During the February 10, 2026 Work Session, Staff was asked to consider whether the language requiring STR operators to be available should be strengthened. Staff reviewed the current language in the code and is of the opinion that the language as currently written is strongly written and sufficient. The owner is required to be available 24 hours a day and respond within 60 minutes to complaints regarding the condition, operation, or conduct of occupants of the STR or their guests. The operator is required to obtain the vehicle make, model and license of all overnight 799
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occupants’ vehicles to be parked at the property. Failure to comply with the 60- minute response time shall be subject to all administrative, legal, and equitable remedies available to the City of Oakley.
Consistency with the Oakley Strategic Plan 27+
Holding a work session on Planning and Zoning-related topics is consistent with applicable Strategic and Thoughtful Growth Objectives in the Community and Economic Goal of the Oakley Strategic Plan 27+.
Fiscal Impact
Staff time and materials to prepare this report are covered by the General Fund.
Requested City Council Feedback
The purpose of this work session is to facilitate discussion with the City Council.
Staff will receive direction, if any, from the City Council and proceed as directed.
Attachments
1. City Council Staff Report from February 10, 2026 Work Session on Short Term Rentals
2. Short-Term Rentals Ordinance (OMC chapter 5.15) – with mark ups 800
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: February 10, 2026
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Work Session to Discuss the Feasibility of Permitting Unhosted Stay Short-Term Rentals in the Downtown Specific Plan and an Update on SB 346 (Short-Term Rental Facilitator Act of 2025)
Background
SUMMARY
In April of 2025, Staff conducted a Planning and Zoning Work Session with the City Council that included three main topics. One of those topics was on short-term rentals (“STR”), specifically in the downtown. Staff presented information that all STRs in Oakley are subject to the same set of regulations One of those regulations is for all STRs to be operated as a “hosted stay,” which requires the owner to remain on site throughout the guest’s stay (except during daytime and/or work hours). The City Council raised the question of whether unhosted stays could be considered in either the entire downtown or perhaps certain subareas of the downtown. A question was also raised of how many dwelling units such a regulation may affect if put into place. This work session serves to provide additional information for the City Council to continue the discussion. Also, Staff is providing additional information related to a law enacted last year (SB 346 (Short-Term Rental Facilitator Act of 2025)) that would allow the City to request reports from Short-Term Rental Facilitators (e.g. Airbnb, VRBO) as often as every three months and require them to list each STRs’ license number and Transient Occupancy Tax certification with its listing.
DOWNTOWN SPECIFIC PLAN
The Downtown Specific Plan (“DSP”) was adopted in 2010 and serves as the zoning document for downtown Oakley and the immediate surrounding area. The DSP encompasses approximately 80 acres of land divided into three subareas known as the Downtown Core Area (“DSP-DC”), Downtown Support Area (“DSP-DS”), and Residential Commercial Conversation Area (“DSP-RCCO”).
• The DSP-DC is made up mostly of commercial uses on the north and south of Main Street from Vintage Parkway to Fourth Street.
• The DSP-DS is made up of both commercial and residential uses south of the DSP-DC and along Main Street from Fourth Street to the canal crossing on Main Street. It also includes the area north and south of Main Street west of Approved and
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City of Oakley | 3231 Main Street, Oakley, CA 94561
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Vintage Parkway, to Gardenia Avenue on the south and to the rear of the homes lining Miguel Drive on the north.
• The DSP-RCCO includes the remaining area north of Home Street, east of Norcross Lane, and west of Del Antico Avenue and consists of residential uses. Figure 1 shows the DSP Subarea Map.
Figure 1. Downtown Specific Plan Subarea Map
Staff conducted a count of the approximate number of residential dwelling units in the DSP using aerial imagery. It is estimated that approximately 200 units exist within the boundaries of the DSP with about half of those units existing in the DSPRCCO. A majority of the remaining units exist in the DSP-DS. There are a limited number of units in the DSP-DC and most are likely part of a mixed-use building.
SB 346 (SHORT-TERM RENTAL FACILITATOR ACT OF 2025)
On October 13, 2025, the Governor of California signed SB 346 into law. The law authorizes California cities to require companies like Airbnb and VRBO (i.e., ShortTerm Rental Facilitators) to report data on rental listings. These reports can assist cities in achieving compliance with STRs obtaining permits through the City and in collecting Transient Occupancy Tax (“TOT”) from the STRs. The current TOT is equal to 10% of the rent charged by the operator. Essentially, SB 346 results in tools to allow cities to better audit permitted STRs operating within their jurisdiction and learn about non-permitted STRs that may have licenses through a facilitator, but no STR permit through the city. SB 346 also allows cities to add language to their ordinance that requires facilitators to provide reports to the city (as often as every three months) and list license numbers and TOT certification numbers directly on the STRs online listings. Failure to timely provide reports or list such information on registered STRs could result in administrative citations being issued to the facilitator. 802
City of Oakley | 3231 Main Street, Oakley, CA 94561
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HOSTED STAYS, UNHOSTED STAYS AND VACATION RENTALS
During the April 2025 work session, a question was raised for consideration on whether the Council would consider allowing unhosted stays within any of the subareas of the DSP. An unhosted stay “means a short-term rental where the owner remains off site during the guest’s stay.” Unhosted stays differ from hosted stays in that hosted stays “means a short-term rental where the owner remains on site throughout the guest’s stay (except during daytime and/or work hours).” The STR ordinance prohibits unhosted stays citywide.
In context, a hosted stay would require the owner to stay residing at the home during the stay, except when they may be present at work, or during the day. This would mean the owner would stay in the home overnight and before and after work. The code is not meant to require an owner to never leave the home for errands or other daily needs, and there could be rare cases where an owner works a graveyard shift, meaning they may not be present at night and then not be required to be present during the day. The main point of the requirement is that owners don’t leave town or vacation for days at a time while renting the STR. For all intents and purposes, this requires the owner to maintain and use living quarters in the STR even when it is being rented as an STR. An example of this would be an STR is rents out a portion of the home or a room in the home, but likely not the entire home. An unhosted stay would allow an owner that lives in the home as a primary residence not to be present during the stay and potentially rent the entire home and not maintain living quarters in the home during the stay.
In addition to hosted stays and unhosted stays, the STR ordinance also defines vacation rental as “a short-term rental that is not the owner’s primary residence.” The STR ordinance prohibits vacation rentals citywide.
OPERATIONS
The current STR ordinance includes an operational requirement that would remain in place whether the STR were to be operated as a hosted stay, unhosted stay, or vacation rental. The requirement is found in Oakley Municipal Code section
5.15.118 (Operations) part “a” and states the following:
While a short-term rental unit is rented, the owner shall be available twentyfour (24) hours per day, seven days per week for the purpose of responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit or their guests.
Discussion
The purpose of this work session is to discuss the two main topics presented herein and provide majority consensus direction back to Staff. The two main topics for discussion are as follows:
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City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
• Whether to allow any specific one, two or all three subareas in the DSP to have unhosted stays and possibly vacation rentals; and
• Whether to update the STR ordinance with language to implement SB 346.
A marked-up version of the STR Ordinance (Chapter 5.15 of the Oakley Municipal Code) is included as an attachment to this Staff Report. In that attachment, there are three areas with potential text additions to assist the City Council in its discussions. The additions are included in red and blue text.
RED TEXT ADDITIONS
The additions in red text are those that Staff has added as main options for amendments to the ordinance. These additions would allow STRs in the DSP, or any specific subarea of the DSP, as directed by the City Council, to have unhosted stays. The other part of the red text is to implement SB 346.
BLUE TEXT
The addition in blue text is an additional option that could be considered should the City Council direct Staff to proceed with a text amendment to the code to allow unhosted stays in the DSP or any subarea of the DSP. It would allow for vacation rentals in the same portion of the DSP as the unhosted stays.
Consistency with the Oakley Strategic Plan 27+
Holding a work session on Planning and Zoning-related topics is consistent with applicable Strategic and Thoughtful Growth Objectives in the Community and Economic Goal of the Oakley Strategic Plan 27+.
Fiscal Impact
Staff time and materials to prepare this report are covered by the General Fund.
Requested City Council Feedback
The purpose of this work session is to facilitate discussion with the City Council.
Staff will receive direction, if any, from the City Council and proceed as directed.
Attachments
1. Notice of Work Session
2. Short-Term Rentals Ordinance (OMC chapter 5.15) – with mark ups 804
Chapter 15
SHORT-TERM RENTALS
5.15.102 Title of Chapter.
This chapter shall be referred to as the "Short-Term Rental Ordinance." (Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.104 Purpose.
a. The purpose of this chapter is to establish regulations for the use of privately owned dwelling units as short-term rentals in order to minimize the adverse effects of shortterm rentals on the surrounding residential neighborhoods, ensure that short-term rentals are consistent with the City’s municipal code, and preserve the residential character of the neighborhoods where short-term rentals are located. b. This chapter is not intended to provide any person with the right or privilege to use a dwelling unit as a short-term rental where such use is not otherwise allowed by law, homeowner’s association agreement, rental agreement, or any applicable conditions, covenants, and restrictions to the dwelling unit that may prohibit the use of such dwelling unit as a short-term rental.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.106 Definitions.
For purposes of this chapter, the following words and phrases shall have the following meanings:
a. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, State or Federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental.
b. "Applicant" means the owner of the short-term rental unit or the owner’s authorized agent or representative.
c. "City Manager" means that person acting in the capacity of the City Manager of the City of Oakley or his or her designee.
d. "Good neighbor brochure" means a document prepared by the City that summarizes the general rules of conduct, consideration, and respect, including without limitation provisions of the Oakley Municipal Code and other applicable laws, rules, or regulations, pertaining to the use and occupancy of short-term rental units. 805
e. "Hosted stay" means a short-term rental unit where the owner remains on site throughout the guest’s stay (except during daytime and/or work hours). f. "Owner" means the owner of a dwelling unit who rents their primary residence as a short-term rental unit and who is responsible for compliance with this chapter. The owner shall be available 24 hours per day, seven days per week for the purpose of: (1) responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and (2) taking remedial action to resolve any such complaints.
g. "Primary residence" means an owner’s permanent residence as documented by at least two of the following and in the owner’s name: motor vehicle registration, driver’s license, voter registration, tax documents showing the dwelling unit as the owner’s residence, or a utility bill. A person may only have one primary residence and must reside there for a minimum of nine months per year.
h. "Property" means a residential legal lot on which the short-term rental unit is located.
i. "Responsible person" means a transient occupant of a short-term rental unit who is at least twenty-five (25) years of age and who is legally responsible for ensuring that all transient occupants of the short-term rental and their guests comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of a short-term rental. j. "Short-term rental permit" means a permit that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this chapter. k. "Short-term rental unit" means an accessory use of a privately owned residential dwelling, such as, but not limited to, a single-family dwelling or multiple-family building, apartment unit, condominium, or duplex, for the purposes of providing temporary lodging, for compensation, for periods of thirty (30) consecutive days or fewer. Any dwelling unit used as a short-term rental unit shall be considered a "hotel" for the purposes of Chapter 3.2 related to uniform transient occupancy tax. l. "Transient" for purposes of this chapter means any person who seeks to rent or who does rent a short-term rental unit for a period of thirty (30) consecutive days or fewer. m. "Unhosted stay" means a short-term rental unit where the owner remains off site during the guest’s stay.
n. "Vacation rental" means a short-term rental unit that is not an owner’s primary residence. A vacation rental unit does not include a hotel or motel, as those terms are defined at Section 9.1.202, or other business in which rooms are rented as the principal use of a building devoted to lodging.
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(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.107 Vacation Rentals Prohibited.
Vacation rentals, as defined in this chapter, are a prohibited use and shall not be operated within the City of Oakley, except as set forth below. a. Vacation Rental. The short-term rental may be a vacation rental only if the residence is located within the boundaries of the adopted SP-4 (Downtown Specific Plan) District.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.108 Owner Is Responsible.
The owner shall be personally responsible for compliance with the requirements of this chapter and shall be subject to any applicable remedies for noncompliance, regardless of whether such noncompliance was committed by the owner or the occupants of the short-term rental unit or their guests.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.110 Short-Term Rental Permit Required.
a. It shall be unlawful for an owner to rent any short-term rental unit to any transient without having a valid short-term rental permit issued by the City pursuant to the provisions of this chapter.
b. A short-term rental permit shall be valid for a period of one year from the date of issuance, and shall be renewed on or prior to the anniversary of the original permit issuance to remain valid.
c. A short-term rental permit may not be transferred to another owner, does not run with the land, and is valid only for the original location for which it is issued. (Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.112 Application.
a. The owner must submit the following information on a short-term rental permit application form provided by the City:
1) The name, address, and telephone number of the owner of the short-term rental unit;
2) The address of the proposed short-term rental unit;
3) The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit; 807
4) Acknowledgment that the owner has received and reviewed the good neighbor brochure and will provide the brochure to all transients; 5) A copy of a transient occupancy registration permit issued under Section 3.2.006(d);
6) Such other information as the City Manager deems reasonably necessary to administer this chapter; and
7) Payment of the application fee established separately by resolution of the City Council.
b. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit for the same unit revoked within the twelve (12) calendar months that preceded the effective date of the application. c. Within fourteen (14) days of a change of property ownership or any other change in material facts pertaining to the information contained in the short-term rental permit application form, the owner shall submit an application and requisite application fee for a new short-term rental permit, which must be obtained prior to continuing to rent the short-term rental unit.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.114 Criteria for Approval and Renewal of a Short-Term Rental Permit. a. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval or renewal of the permit. b. To receive permit approval, an applicant must demonstrate the following:
1) The owner shall demonstrate that it will comply with all the obligations and requirements of Sections 5.15.116 and 5.15.118.
2) A completed checklist for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall be required with each annual permit application and renewal. It is the owner’s responsibility to ensure that the shortterm rental unit is and remains in substantial compliance with all applicable laws, rules and regulations including those regarding fire, building and safety, and health and safety.
3) At the time of application, the owner of a short-term rental shall not have been found to be in noncompliance of any provision of this Code for the subject short-term rental unit. A voluntary assurance of compliance or negotiated compliance agreement will satisfy the requirement that there be no pending actions or violations.
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4) The owner shall have a current business license in accordance with Chapter 3.5.
5) The owner shall have obtained a transient occupancy registration certificate for purpose of its obligation to pay transient occupancy taxes under Chapter 3.2. (Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.116 Operational Requirements and Standard Conditions. a. The owner shall use reasonably prudent business practices to ensure that the short-term rental unit is used in a manner that complies with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject short-term rental unit, including this chapter.
b. The minimum number of days that a short-term rental unit shall be occupied is three days, two nights. Occupancy of a short-term rental unit by any transient for fewer than three days, two nights is prohibited.
c. The maximum number of overnight guests for a short-term rental unit shall not exceed two persons per bedroom, except that children under the age of four shall not be counted for purposes of calculating this limitation so long as the children sleep in the same bedroom as at least one of their parents or legal guardians. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m., with the maximum daytime guests not to exceed two persons per bedroom with a maximum of sixteen (16) guests allowed for four bedrooms or more. The following table illustrates the maximum number of occupants:
Number of
Bedrooms
Total of Overnight
Occupants
Total Daytime Occupants (Including
Number of Overnight Occupants)
0 – Studio 2 4
1 2 4
2 4 8
3 6 12
4+ 8 16
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d. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.
e. All parking associated with a short-term rental unit shall be entirely on site, in the garage, carport, and driveway or otherwise off of the public street. f. Occupants of the short-term rental unit shall comply with all standards and regulations stated in Chapter 4.2 concerning noise.
g. The owner shall provide each occupant of the short-term rental unit with the following information prior to occupancy of the unit and shall post such information in a prominent location within the unit:
1) The contact information for the owner with twenty-four (24) hour availability; 2) The maximum number of overnight occupants and the maximum number of daytime occupants as permitted under this chapter;
3) Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property;
4) A copy of Chapter 4.2 concerning noise; and
5) Notification that the occupant or owner may be cited or fined by the City in accordance with this Code.
h. The short-term rental shall be a hosted rental for the duration of any occupancy by a transient, except as set forth below.
1) Unhosted Stay. The short-term rental may be an unhosted (stay) rental only if the residence is located within the boundaries of the adopted SP-4 (Downtown Specific Plan) District.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.118 Operations.
a. While a short-term rental unit is rented, the owner shall be available twenty-four (24) hours per day, seven days per week for the purpose of responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit or their guests.
b. The owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit. 810
c. Prior to occupancy of a short-term rental unit, the owner shall obtain the name, address, and a copy of a valid government identification of a responsible person and require such responsible person to execute a formal acknowledgment that he or she is legally responsible for compliance by all occupants of the short-term rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term rental unit.
d. Prior to occupancy of a short-term rental unit, the owner shall obtain from the responsible person the make, model and license of all vehicles of overnight occupants’ vehicles to be parked at the property.
e. The owner shall, upon notification that the responsible person and/or any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term unit, promptly respond within sixty (60) minutes in an appropriate manner to immediately halt or prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental unit within sixty (60) minutes in an appropriate manner shall be subject to all administrative, legal, and equitable remedies available to the City. f. The owner shall report to the City Manager the name, violation, date, and time of disturbance of each person involved in three or more disorderly conduct activities, disturbances, or other violations of any applicable law, rule, or regulation pertaining to the use and occupancy of the subject short-term unit within twenty-four (24) hours of the third violation or disturbance.
g. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. The owner shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 4.20. h. The owner shall post the current short-term rental permit number on or in any advertisement appearing in any newspaper, magazine, brochure, trade paper, website, etc., that promotes the availability or existence of a short-term rental unit. i. The City Manager shall have the authority to impose additional conditions on the use of any short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated. j. The standard conditions set forth herein may be modified by the City Manager, or designee, upon request of the owner based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental unit. All requests 811
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 rental would not be allowed.
Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.120 Violations.
a. A violation of any provision of this chapter by any occupant or owner shall constitute grounds for modification, suspension, or revocation of the short-term rental permit. In addition, the failure of the owner to satisfy any of its obligations and requirements in Chapter 3.2 concerning transient occupancy taxes shall be an independent basis for modification, suspension, or revocation of any permit issued under this chapter. b. Whenever any owner fails to comply with any provision of this chapter, the City, after giving the owner ten (10) days’ written notice specifying the time and place of a hearing before the City Council, and requiring him to show cause why the short-term rental permit should not be modified, suspended, or revoked, may modify, suspend, or revoke the permit held by the owner.
c. The City may enforce this chapter, including the terms and conditions of any permit granted under this chapter, by any means provided for in Chapter 1.5 or by any other means authorized by law.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.122 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.
5.15.124 Implementation of SB 346 (Short Term Rental Facilitator Act of 2025). a. “Short-Term Rental Facilitator” for the purposes of this Chapter shall have the same meaning as defined in the text for SB 346 (Short-Term Rental Facilitator Act of 2025), codified in Chapter 4.6 (commencing with Section 50990) of Part 1 of Division 1 of Title 5 of the California Government Code.
b. Upon request by the City, each Short-Term Rental Facilitator shall report, for each short-term rental listed or booked through its platform within the City, the physical address, Assessor Parcel Number, ZIP code, and URL of the listing for each reporting period, as defined by the City.
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c. Each Short-Term Rental Facilitator shall ensure that all listings for short-term rentals located within the City display the property's valid local license number and Transient Occupancy Tax certification.
d. Failure to comply with reporting or listing requirements under this chapter shall subject the Short-Term Rental Facilitator to an administrative citation, pursuant to Chapter 1.5 (Penalties and Remedies) of the Oakley Municipal Code. e. A Short-Term Rental Facilitator shall be found to be out of compliance with this chapter for each short-term rental not listed in compliance with this chapter, and each short-term rental found to be listed out of compliance with this chapter may result in a separate administrative citation.
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STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: April 28, 2026
TO: Joshua McMurray, City Manager
FROM: Conrad Fromme, Chief Building Official
SUBJECT: Residential Rental Inspection Program Work Session Background and Analysis
This is a work session request through motion by Vicechair Meadows and a second by Councilmember Fuller during the July 8, 2025 City Council meeting to look at the Residential Rental Inspection Ordinance, specifically when a property must be registered.
This Staff Report provides an overview of the Residential Rental Inspection Program (RRIP) for the City and includes details of the program over the past couple of years.
The RRIP is an exterior only based inspection annual program that is intended to ensure rental properties are properly maintained and intended to improve the quality of life at not only rental properties, but the surrounding community. Owners of rental property within the City are required to register their rental with the Community Development Department, pay a minor fee, and use a checklist to ensure their rental is in compliance with minimum standards.
Each year the owners of residential rental properties within the City are sent a notice approximately 6 weeks prior to the first of the calendar year requesting them to register & pay the fee for the inspection. If the property has been sold or is no longer a rental property, the owner is requested to submit an affidavit as such and/or provide a utility bill in the owner’s name to verify it is owner-occupied. Additionally, if the property is occupied by an immediate family member, they can submit the affidavit, and they will be removed from the program.
Citizens can voluntarily contact the City office to register or un-register as rental property throughout the year as conditions change at their property. The Code Enforcement staff uses multiple platforms to identify rental properties within the City throughout the year such as registration with the tax assessor not claiming the homeowner exemption, or public advertisements for rental availability online.
In January the Code Enforcement staff start to perform the exterior inspections of the rental properties that have paid the registration fee. They typically continue to perform the inspections through the end of May. Properties that meet or exceed the minimum requirements for maintenance will be in compliance until the next year. Properties that are not in compliance will be referred to Code Enforcement and be sent a Notice to Correct those items that are in violation. In addition, rental properties that fail to register and pay the fee will receive citations for non-compliance with the program.
As the City continues to grow, the number of rental properties increases as well.
Approved and
Forwarded to the
City Council
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City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
• In CY 2024 the City sent out 1501 notices for registration with the program o 1372 registered as rental properties in the program
o 84 properties provided the affidavit and sufficient paperwork to be removed from the program as not being a rental property
o 144 1st citations were issued for failure to register with the program o 69 2nd citations were issued for failure to register with the program o 45 3rd citations were issued for failure to register with the program o Unknown number of Code cases started as a result of the rental inspections because this was not tracked prior to 2025
• In CY 2025 the City sent out 1525 notices for registration with the program o 1386 registered as rental properties in the program
o 91 properties provided the affidavit and sufficient paperwork to be removed from the program as not being a rental property
o 303 1
st citations were issued for failure to register with the program o 11 2
nd citations were issued for failure to register with the program o 36 3
rd citations were issued for failure to register with the program o 380 Code cases were started as a result of the rental inspections • In CY 2026 the City sent out 1674 notices for registration with the program o 1432 registered as rental properties in the program
o 160 properties provided the affidavit and sufficient paperwork to be removed from the program as not being a rental property
o Currently working on 1st citations for 82 properties for failure to register with the program
o Currently performing the rental inspections so there is no data on the number of Code cases started as a result of the inspections The program effectively holds rental properties to a community standard not only encouraging the property to be maintained for the renter but influences the neighboring properties to maintain the same level of cleanliness and safety.
Applicability and Exemptions
This program applies to properties within the City that meet the definition of a rental dwelling unit under OMC 4.30.202 (Definitions). Every owner of real property not exempted by OMC 4.30.206 (Exemptions) who offers property for rent shall register the rental property with the City by submitting a rental application and property use verification affidavit annually and pay the accompanying rental registration fee. This registration requirement applies to dwelling units being advertised for rent or currently being rented.
There are exemptions from this program listed under OMC 4.30.206. These exemptions include rental dwelling units located in a mobile home or RV park within the City, any hotel or motel within the City, and dwelling units that are not currently available for rent.
Dwelling units that are identified as not owner occupied but not currently available for rent are required to submit a written statement to the City and are required to register the dwelling unit prior to making the unit available for rent. 815
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Consistency with the Oakley Strategic Plan 27+
Holding an advisory work session on the RRIP is consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal.” Operating the RRIP ensures codes are enforced consistently in all districts throughout the City in a proactive manner.
Fiscal Impact
There is no fiscal impact associated with the work session.
Staff Recommendation
This is an advisory work session only. It is recommended that the City Council provide questions and input to Staff, and provide consensus direction on the applicable municipal code, if desired.
Attachments
1. Residential Rental Verification Affidavit Registration Form
2. Residential Rental Inspection Program Self Inspection Checklist
3. OMC 4.30 Rental Dwelling Unit Inspection Program ordinance 816
3231 Main Street, Oakley, CA 94561
Residential Rental Inspection Program (925) 625-7005 [email protected]
RENTAL APPLICATION AND PROPERTY USE VERIFICATION AFFIDAVIT This form is used to verify status of the property as it pertains to the Residential Rental Inspection Program.
It is a requirement to register all rental properties. Please check the box that pertains to your property and return this form along with any required documentation no later than January 31st. Please print clearly.
I, , hereby declare the property at
, Oakley, CA
(Please make only one selection)
Is currently being RENTED or is intended to be a rental within 6 months of today’s date.
Your Rental Registration fee is $108
Make check payable to the City of Oakley or complete Credit Card authorization form and return signed affidavit to the above address. You may also email all forms to: [email protected] Was SOLD on (date required)
Is currently OWNER OCCUPIED and is not intended to be a rental within 6 months of today’s date.
As verification that I occupy this property, I have attached a copy of my most recent utility bill. The bill is in my name (owner) & the service address (property address) is the mailing address. You must live on property.
Is currently Occupied by an Immediate Family Member (Father/Mother/Son/Daughter only) and exempt from the Rental Program.
Please List Name and Relationship of Family Member:
Property Owner Phone Number: E‐Mail:
Under penalty of perjury, I declare that all of the above statements are true.
SIGNED DATE
PLEASE CONTACT THE CONTRA COSTA COUNTY ASSESSOR’S OFFICE DIRECTLY TO CONFIRM/UPDATE YOUR MAILING ADDRESS.
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Rental Inspection Program Checklist
Properties must be in compliance with all applicable City of Oakley Municipal Codes. Though not all inclusive, the majority of these requirements can be found in Title VI, Chapter 4: Neighborhood Preservation. Please use the following self‐inspection checklist to ensure your property is following City guidelines. We encourage you to share this checklist with the tenant and keep a copy for future reference. Establish Garbage Service. (Your tenant may establish garbage service however the property owner is ultimately responsible for ensuring garbage service is present at the address). Service can be obtained by calling (925) 757-7660
No unsecured buildings or structures including broken or missing windows, screens, or doors. Building is not in disrepair including roof coverings, lack of weather protection, infestation, deterioration, boarded up windows or peeling paint.
Address numbers are clearly posted on building.
No attractive nuisances dangerous to children and/or adults such as: abandoned, broken, or neglected equipment, machinery, appliances and unsecured pools, ponds, or hot tubs. Front and side yard landscaping is maintained (i.e. no overgrown grass, vegetation, weeds). Dead landscaping not present (Grass is not required but Improved Landscaping is mandatory). No inoperative vehicles in public view on private property (Cars, boats, trailers, or RVs) –- i.e., no flat tires, cobwebs, missing parts. Covering an inoperable-appearing vehicle does not meet requirement. No parking of vehicles (cars, boats, trailers, or RVs) on an unimproved surface OR on second driveways NOT immediately adjacent to existing primary driveway. Parking behind a fence on side yard is allowed.
No parking/storing of commercial vehicle. (No commercial vehicles are allowed unless approved by City Planning when obtaining a Home-Based Business Permit). Commercial vehicles are defined by California Vehicle Code Section 15210.
No Basketball Hoop or other structure (Skate Ramp, etc.) encroaching upon street or sidewalk. No storing/depositing or accumulating for longer than 30 days dirt, sand, or other construction materials within public view.
No broken fence, gate, window, or other condition that is blight upon the neighborhood present. No graffiti (All graffiti must be removed within 72 hours). 818
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