ORDINANCE NO. 04-22
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 5.94 OF
THE ORANGE MUNICIPAL CODE REGARDING
THE LICENSING AND ESTABLISHMENT OF
SHORT TERM RENTAL BUSINESSES IN THE CITY
TO CLARIFY AND UPDATE REGULATIONS
RELATING TO OWNERSHIP, NUMBER OF STAYS,
GOOD NEIGHBOR POLICY DISSEMINATION,
PARKING, BEDROOMS, AND OTHER
ADMINISTRATIVE MATTERS.
[Pertinent provisions only]
SECTION II:
Section 5.94.060.A of the Orange Municipal Code, “ Business Taxes and Regulations – Short Term Rental Businesses – Short Term Rental Regulations - Ownership,” is hereby amended in its entirety to read as follows:
A. Ownership. A short term rental permit shall only be issued for a property owned by an individual, or a personal trust, or a limited liability company which is solely owned by an individual or a personal trust . No short term rental permit shall be issued to a corporation , a limited liability company other than that described he rein, or any form of business trust . Not more than two (2) short term rental permits shall be issued to the same individual or personal trust. Any short term rental permit issued to a limited liability company shall be attributed to the individual or the personal trust owning the limited liability company.
SECTION III:
New Section 5.94.060.F is hereby added to the Orange Municipal Code, “Business Taxes and Regulations – Short Term Rental Businesses – Short Term Rental Regulations – Number of Stays,” to read as follows:
F. Number of Stays. A short term rental shall be booked and rented for a minimum of twelve (12) separate stays during any one permit year.
SECTION IV:
Section 5.94.060.G of the Orange Municipal Code, “Business Taxes and Regulations – Short Term Rental Businesses – Short Term Rental Regulations – Good Neighbor Policy ,” is hereby amended in its entirety to read as follows:
GH. Good Neighbor Policy.
1. Within ten (10) days of issuance of a short term rental permit, Tthe owner of a short term rental shall notify each adj acent and facing property owner and each adult resident of said property, of the existence of the short term rental business and provide a written list of the rules and restrictions and up-to-date property manager contact information (the Good Neighbor Policy). Evidence of delivery of the Good Neighbor Policy, including a copy of the policy, the address of the neighbor s, and the date delivered, shall be provided to the city within ten (10) days of issuance of a short term rental permit.
2. The owner of a short term rental shall notify all All occupants of the short term rental over the age of fourteen (14) shall receiv e and sign a list of of the rules and restrictions imposed on the short term rental , as published by the contained in this chapter, by posting a copy . A copy of said list of rules and restrictions shall be posted in a prominent location in the short term rental at all times occupants are present. The list of rules and restrictions signed by occupants shall be made available to the city upon reasonable request.
SECTION V:
Section 5.94.060.H of the Orange Municipal Code, “Business Taxes and Regulations – Short Term Rental Businesses – Short Term Rental Regulations – Parking,” is hereby amended in its entirety to read as follows:
HI. Parking. Off-street parking shall be required and shall conform to the provisions of Section 17.34.060 and Table 17.34.060.A of this code, “Required Number of Parking Spaces for Residential Uses,” as determined by the Director of Community Development . All vehicles of short term rental occupants shall be parked only in an approved driveway or garage on the short term rental property. Street parking by short term rental occupants is not permitted.
SECTION VI:
Subsection N is hereby added to the Orange Municipal Code Section 5.94.060, “Business Taxes and Regulations – Short Term Rental Businesses – Short Term Rental Regulations,” to read as follows:
N. Sleeping Quarters. Any bedrooms advertised in a short term rental listing or otherwise made available at the property shall be legally permitted, habita ble bedrooms and not include converted garage space, closets or other portions of the dwelling not in compliance with city building standards.
SECTION VII:
Section 5.94.070.B of the Orange Municipal Code, “Business Taxes and Regulations – Short Term Rental Businesses – Violation/Penalty – Offenses,” is hereby amended in its entirety to read as follows:
B. Offenses. Violations of this chapter shall be classified as minor or major offenses. Property owners shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person.
1. The following shall constitute a minor offense:
a. Property manager response more than thirty (30) minutes but less than sixty (60) minutes after a complaint.
b. Occupancy limit exceeded by up to two persons.
c. One verified complaint of occupant vehicles parked on the street during any one occupancy.
cd. Failure to resolve noise complaint during “quiet time” within thirty (30) minutes.
de. Other violations deemed minor by the City Manager or designee.
2. The following shall constitute a major offense:
a. Property manager response sixty (60) or more minutes after a complaint.
b. Occupancy limit exceed ed by more than two persons and/or advertising or renting of unpermitted sleeping quarters.
c. Rental of fewer than two nights.
d. Failure to abide by Good Neighbor Policy , including failure to provide a copy of the policy to all adjacent and facing neighbors as required.
e. More than one verified complaint of occupant vehicles parked on the street during any one occupancy.
f. More than one verified noise complaint during any one occupancy.
g. Failure to pay required Transient Occupancy Tax when due.
h. Criminal activity on the short term rental property.
i. Two prior minor offenses within any continuous period of twelve (12) consecutive months.
j. Failure to obtain or timely renew short term rental permit and/or business license by the due date and advertising or renting a property without first obtaining a valid short term rental permit.
k. Other violations deemed major by the City Manager or designee.
SECTION VIII:
New Section 5.94.070.C.1.c is hereby added to the Orange Municipal Code, “Business Taxes and Regulations – Short Term Rental Businesses – Violation/Penalty – Revocation,” to read as follows:
c. Failure to book and rent the short term rental for the minimum number of stays required by Section 5.94.060.F.