Zoning Classifications, Current and Amended
AE-40 ac – Agricultural Exclusive, 40-acre minimum lot size AE-80 ac – Agricultural Exclusive, 80-acre minimum lot size CPD – Commercial Planned Development
M2-10,0000 sq ft – Limited Indus trial, 10,000 square feet minimum lot size M3-10,0000 sq ft – General Industrial, 10,000 square feet minimum lot size OS-10 ac - Open Space, 10-acre minimum lot size
OS-20 ac - Open Space, 20-acre minimum lot size
OS-40 ac - Open Space, 40-acre minimum lot size
OS-80 ac - Open Space, 80-acre minimum lot size
R1-6,000 sq. ft. - Single-family Residential, 6,000 square feet minimum lot size R1-8,000 sq. ft. - Single-family Residential, 8,000 square feet minimum lot size R1-10,000 sq. ft. - Single-family Residential, 10,000 square feet minimum lot size R1-13,000 sq. ft. - Single-family Residential, 13,000 square feet minimum lot size R1-20,000 sq. ft. - Single-family Residential, 20,000 square feet minimum lot size R2-7,000 sq. ft. - Two-family Residential, 7,000 square feet minimum lot size Agenda Item No. 11 Page 255 of 301 CC Agenda 02-18-2025 RA-1 ac - Rural Agricultural, 1-acre minimum lot size
RA-2 ac - Rural Agricultural, 2-acre minimum lot size
RA-4 ac - Rural Agricultural, 4-acre minimum lot size
RA-5 ac - Rural Agricultural, 5-acre minimum lot size
RA-10 ac - Rural Agricultural, 10-acre minimum lot size RA-20 ac - Rural Agricultural, 20-acre minimum lot size RA-40 ac - Rural Agricultural, 40-acre minimum lot size RE-10,000 sq ft - Rural Exclusive, 10,000 square feet minimum lot size RE-20,000 sq ft - Rural Exclusive, 20,000 square feet minimum lot size RE-1 ac - Rural Exclusive, 1-acre minimum lot size
RE-2 ac - Rural Exclusive, 2-acre minimum lot size
RE-4 ac - Rural Exclusive, 4-acre minimum lot size
RE-5 ac - Rural Exclusive, 5-acre minimum lot size
RE-20 ac - Rural Exclusive, 20-acre minimum lot size
RO-2 ac – Single-Family Estate, 2-acre minimum lot size RPD - Residential Planned Development (various densities in du/ac) TP-160 ac – Timberland Preserve, 160-acre minimum lot size /SRP – Scenic Resource Protection Overlay Zone
/TRU – Temporary Rental Unit Regulation Overlay Zone
Agenda Item No. 11 Page 256 of 301 CC Agenda 02-18-2025 1 Section 1. Chapter 6.455, Title 6 of the San Buenaventura Municipal Code, “Short-Term Vacation Rentals,” is repealed.
Section 2. Chapter 6.455, Title 6 of the San Buenaventura Municipal Code, “Short-Term Vacation Rentals and Homestays,” is adopted as follows:
Chapter 6.455: SHORT-TERM VACATION RENTALS AND HOMESTAYS
6.455.010 Authority and purpose.
This chapter is adopted pursuant to the municipal affairs provisions of the City Charter for the purpose of requiring the owner or owners of a residential dwelling unit that is used as a short-term vacation rental or homestay, as defined in this chapter, to apply for and secure a permit authorizing such use in the manner provided for by this chapter.
6.455.020 Definitions.
The definitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction. “Agent” means a person retained by an owner to comply with the requirements of this chapter, including filing an application for an annual permit, renewing a permit, and managing the short-term vacation rental or homestay, except being issued a permit.
“Area 1” (“Avenue”) is the area of the city shown in Appendix A. “Area 2” (“Downtown”) is the area of the city shown in Appendix A.
Attachment F
ORDINANCE NO. 2024-__________
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN BUENAVENTURA, CALIFORNIA,
REPEALING CHAPTER 6.455 OF THE SAN
BUENAVENTURA MUNICIPAL CODE, “SHORTTERM VACATION RENTALS,” AND ADOPTING CHAPTER 6.455, “SHORT-TERM VACATION
RENTALS AND HOMESTAYS”
The Council of the City of San Buenaventura does ordain as follows:
Agenda Item No. 11 Page 257 of 301 CC Agenda 02-18-2025 2 “Area 3-A” (“Pierpont”) is the area of the city shown in Appendix A and Appendix B.
“Area 3-B” (Harbor/Keys”) is the area of the city shown in Appendix A. “Area 4” (“Midtown”) is the area of the city shown in Appendix A. “Area 5” (“Eastside”) is the area of the city shown in Appendix A. “Bedroom” is a private room furnished with a bed and intended primarily for sleeping. Bedrooms must be separated from other rooms by a door and have at least one window and emergency escape/rescue opening and a closet or storage nook.
“Daytime guest” is defined as an individual allowed at a short-term vacation rental or homestay property between the hours of 7:00 a.m. and 10:00 p.m. Daytime guests do not count towards the total occupancy allowed in a short-term vacation rental property or homestay.
“Homestay” is a “dwelling unit” other than a dwelling unit located in a “hotel,” as those terms are defined in Title 24, that is rented for a period of not more than 30 consecutive days, during which time the owner of the dwelling unit retains primary residency in the unit and stays overnight in the unit nightly throughout the occupant’s entire stay.
“Owner” shall mean the person or persons or entities holding legal and/or equitable title responsible for any violations of this chapter and applicable laws committed by their agent and/or occupants. For a property held in a trust, each trustee (but no trust beneficiary) is an owner.
“Permittee” is the owner that has been issued a short-term vacation rental or homestay permit.
“Short-term vacation rental” shall mean the use of an entire dwelling unit other than a dwelling unit located in a “hotel,” as those terms are defined in Title 24, that is rented to a tenant for a period of not more than 30 consecutive days.
Agenda Item No. 11 Page 258 of 301 CC Agenda 02-18-2025 3 6.455.030 Administration.
The provisions of this chapter shall be administered by the city manager or their designee, the “permit administrator.” The permit administrator shall have the authority to make interpretations and to promulgate administrative policies in order to facilitate orderly administration of this chapter.
6.455.040 Permit required.
A permit is required for an owner of a short-term vacation rental or homestay to in any form rent, offer to rent, or advertise for rent the short-term vacation rental or homestay as provided in this chapter.
A. Permit applications. Applications for a permit required by this chapter shall be in a form and contain the information required by the permit administrator including, but not limited to:
1. A nuisance response plan.
2. A transient occupancy registration certificate and a business tax certificate issued by the city tax collector pursuant to Sections
4.115.030 and 4.155.210, respectively.
3. Fees provided for by this chapter.
4. Proof of insurance as required by this chapter.
5. An acknowledgement that the owner has reviewed the covenants, conditions and restrictions, if any of the dwelling unit, and that a short-term use is permitted at the location pursuant to the terms of the covenants, conditions and restrictions, if any.
6. An affidavit by the owner regarding any ownership interest in a dwelling unit in the city that has been issued a short-term vacation rental permit.
7. The permit administrator has the authority to request additional information in order to ensure that any one owner does not have more than one short-term vacation rental permit or the limit set by Section 6.455.085.
B. Permit issuance. The permit administrator shall issue or renew a permit authorizing a short-term vacation rental or homestay if the following minimum findings are met:
1. The property is compliant with all state and local codes and has passed a property inspection.
2. The use of the dwelling unit is within a residential zone pursuant to the city’s zoning map.
3. The property complies with the requirements of this chapter.
Agenda Item No. 11 Page 259 of 301 CC Agenda 02-18-2025 4 4. Issuing the permit will not exceed caps or density restrictions established by this chapter.
5. The owner is current on all taxes, fees, and any fines owed to the city. The permit administrator shall not issue a permit to any owner who has operated an unpermitted short-term vacation rental until the owner pays any fines imposed for operating without a permit in addition to the transient occupancy tax the owner would have paid the city if the owner had been operating legally.
6. The dwelling unit has a minimum amount of parking as required by this chapter that is free of obstructions and continuously available and accessible to the occupant(s) throughout the duration of their stay, either in the garage, driveway, or carport or another off-street location.
7. The owner does not have an ownership interest in another dwelling unit permitted as a short-term vacation rental, except as permitted in limited duration by subsections B and C of Section 6.455.085.
8. For a homestay permit, the proposed homestay dwelling is the owner’s primary residence.
C. Renewals. In addition to the above findings, the permit administrator shall renew a permit authorizing a short-term vacation rental or homestay if the following minimum findings are met:
1. The current permit holder is in good standing, including but not limited to compliance with payment of the transient occupancy tax, including an annual minimum transient occupancy tax for short-term vacation rental permits set by resolution of the City Council, compliance with the Good Neighbor Guidelines, and has applied for the permit before the expiration of their current permit.
D. Denial. The permit administrator may deny issuing a permit for a short-term vacation rental or homestay if the applicant has provided any false information in the initial application or renewal application or if the city has revoked a permit within the preceding 12 months.
E. Appeal of permit decision. Any owner whose application or renewal application has been denied by the permit administrator shall have the right to an administrative hearing as set forth in subsection B of Section
6.455.190.
6.455.050 Permit terms and expiration.
A. Permits for short-term vacation rentals and homestays shall be issued or renewed for a maximum term of one year. Permits shall automatically expire if not renewed prior to the expiration date. The permit administrator shall provide notice to all permit holders 60 days in advance of the permit expiration for the first two renewal dates.
Agenda Item No. 11 Page 260 of 301 CC Agenda 02-18-2025 5 B. Permits for short-term vacation rentals and homestays shall automatically expire upon sale or transfer of ownership of the property, in whole or in part, except an owner may transfer a short-term vacation rental permit if the dwelling unit is transferred to the former spouse or domestic partner of the owner as part of a dissolution of a marriage or domestic partnership.
C. Permits for short-term vacation rentals that have not remitted the minimum transient occupancy tax amount established by resolution of the City Council in the 12 months preceding the renewal date shall expire and are not eligible for renewal.
6.455.060 Requirements for short-term vacation rentals and homestays.
A. Short-term vacation rentals.
1. For short-term vacation rentals with zero, one, or two bedrooms, one on-site parking space is required to be made available free of charge for exclusive use by occupants. For short-term vacation rentals with three or more bedrooms, a minimum of two on-site parking spaces is required. Parking spaces may be tandem.
2. The nuisance response plan required by this chapter and a copy of the permit shall be posted inside the dwelling unit in a conspicuous place.
B. Homestays.
1. One parking space is required to be made available free of charge for exclusive use by homestay occupants.
2. Bedroom rental only: Homestays shall be for exclusive access to one or more bedrooms and may also include access to common living areas that will not be used for sleeping purposes by the occupant(s).
3. The nuisance response plan required by this chapter and a copy of the permit shall be posted inside the dwelling unit in a conspicuous place.
6.455.070 Applicability
A. Short-term vacation rental and homestay permits may be issued for use within:
1. Dwelling units, including single family homes, apartments, and condominiums.
2. For multi-unit properties with six or less dwelling units, one dwelling unit is eligible for permitting as a short-term vacation rental making the remaining dwelling units ineligible for a permit.
3. For multi-unit properties with seven or more dwelling units, a maximum of ten percent of the total number of dwelling units Agenda Item No. 11 Page 261 of 301 CC Agenda 02-18-2025 6 (rounded down to the nearest whole number with a minimum of one) may obtain short-term vacation rental permits.
B. No permit shall be issued for any of the following:
1. A dwelling subject to a city-imposed covenant, condition or agreement restricting its use to a specific purpose including but not limited to an affordable housing or farmworker housing.
2. A dwelling on property fully or partially owned by a corporation, partnership, limited liability company, or other legal entity that is not a natural person, except in the event every shareholder, partner or member of the legal entity is a natural person as established by documentation provided by the permit applicant which shall be satisfactory to the permit administrator. In the event this exception applies, every such natural person shall be deemed a separate owner of the subject dwelling and property for purposes of this article.
3. Structures not intended for residential occupancy under the California Building Code Standards and this code.
4. A mobile home located in a mobile home park.
5. Space in a yard, on a balcony, or on a driveway.
6. A recreational vehicle as defined in Title 24.
7. Any accessory dwelling unit (ADU), junior accessory dwelling unit (JADU), or other dwelling unit(s) on the same lot with an ADU or JADU.
6.455.080 Maximum number of permits per area.
A permit for a short-term vacation rental shall be issued subject to the restrictions set forth in this section. The areas of the city defined in this section are depicted in Appendix A.
A. Area 1: The Avenue.
1. The number of short-term vacation rental permits for dwelling units located in this area shall not exceed 40 permits.
2. An unlimited number of homestay permits are permitted in this area.
B. Area 2: Downtown.
1. The number of short-term vacation rental permits for dwelling units located in this area shall not exceed 100 permits.
2. An unlimited number of homestay permits are permitted in this area.
C. Area 3-A: Pierpont.
Agenda Item No. 11 Page 262 of 301 CC Agenda 02-18-2025 7 1. The number of short-term vacation rental permits for dwelling units located in this area shall not exceed 100 permits subject to the following:
i. The number of short-term vacation rental permits issued in each Pierpont lane as depicted in Appendix B shall not exceed 10% of the dwelling units on that lane, rounded down to the nearest whole number, except that at least one short-term vacation rental will be authorized to operate in each lane.
2. An unlimited number of homestay permits are permitted in this area.
D. Area 3-B: Harbor/Keys.
1. The number of short-term vacation rental permits for dwelling units located in the Harbor/Keys shall not exceed 35 permits.
2. An unlimited number of homestay permits are permitted in this area.
E. Area 4: Midtown.
1. The number of short-term vacation rental permits for dwelling units located in this area shall not exceed 35 permits.
2. An unlimited number of homestay permits are permitted in this area.
F. Area 5: Eastside.
1. The number of short-term vacation rental permits for dwelling units located in this area shall not exceed 45 permits.
2. An unlimited number of homestay permits are permitted in this area.
6.455.085 Existing STVR.
This section provides for the limited continuation of Existing STVRs as defined below.
A. For purposes of this section, an Existing STVR is one that was permitted as a short-term vacation rental prior to the effective date of this chapter, and meets at least one of the following conditions:
1. Is located in a Pierpont lane as shown in Appendix B where the number of permits issued exceeds the maximum number of
allowable permits established by this chapter.
2. Is located in a multi-unit property, where the number of permits issued exceeds the maximum number of allowable permits
established by this chapter.
3. Is a short-term vacation rental owned by a permittee with more than two permits located in the city or more than one permit in Area 3-A.
B. For permittees with more than two permits for short-term vacation rentals located in the city, all permits except two will not be eligible for renewal five Agenda Item No. 11 Page 263 of 301 CC Agenda 02-18-2025 8 years from the effective date of this chapter, except that only one permit will be eligible for renewal in Area 3-A. The permittee shall be allowed to select which of the two permits will be eligible for renewal; if no response is received from the permittee after 30 days, the oldest two permits will be eligible for renewal.
C. For permittees with more than one permit for a short-term vacation rental located in Area 3-A, all permits except one will not be eligible for renewal five years from the effective date of this chapter. The permittee shall be allowed to select which permit will be eligible for renewal; if no response is received from the permittee after 30 days, the oldest permit will be eligible for renewal.
D. Existing STVR permittees with dwelling units in the Pierpont lanes that exceed the per lane density established in this chapter, or located in a multiunit property that exceeds the building density established in this chapter, who accurately and timely remit the minimum annual transient occupancy taxes as established by resolution of the City Council and otherwise comply with the requirements of this chapter, shall be eligible to renew their shortterm vacation rental permit even if the approval of such permit(s) would exceed the applicable density established in this chapter.
6.455.090 Waitlist.
A. If the city has issued the maximum number of permits as established by this chapter, the permit administrator shall maintain a waiting list. An application for placement on the waiting list shall be submitted to the permit administrator. In the event a short-term vacation rental permit becomes available, the permit administrator shall notify the person or persons next in order on the waiting list. The notice shall specify that applications will be accepted for 30 calendar days after the date of the notice, and that failure to apply within the 30 calendar-day period shall result in removal of the person or persons receiving notice from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. The city shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the city.
6.455.100 Nuisance response plan.
A nuisance response plan is required to be submitted with each permit and renewal application, and shall include the following:
Agenda Item No. 11 Page 264 of 301 CC Agenda 02-18-2025 9 A. The name, mailing address, telephone number and e-mail of the owner or owners of the dwelling unit to be used as a short-term vacation rental or homestay.
B. The name, address, telephone number and e-mail of the person(s) available by telephone, and who will be responsible for promptly and physically responding to or causing a prompt physical response to a complaint.
C. No more than a total of three persons shall be designated in the response plan as a person responsible for responding to or causing a response to a nuisance complaint.
D. Only one person shall be designated as the person responsible for responding to a nuisance complaint during any particular hours of the day, different days in a week, and/or different weeks of the year.
E. The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant(s) will be notified of the response.
F. The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this chapter, “timely corrective action” shall include, at a minimum, a telephone call to the primary adult occupant of the short-term vacation rental or homestay within 30 minutes of the initial nuisance complaint.
G. The proposed maximum number of overnight occupants.
H. The number of on-site parking spaces available to occupants at the short-term vacation rental or homestay.
In the event there has been a change, the permittee shall promptly file an amended nuisance response plan.
6.455.110 Notice of nuisance response plans.
Within 30 days of issuance or renewal of a permit, the permit administrator shall provide notice of the availability of the nuisance response plan as follows:
A. For a short-term vacation rental or homestay permit issued to a dwelling unit located on a Pierpont lane as provided in Appendix B, by first class mail addressed to the owner and occupant of every dwelling unit of that Pierpont lane; or,
B. By first class mail addressed to the owner and occupant of every property, any part of which is located within a 300-foot radius of the property including every dwelling unit in a multi-unit building, that is to be used and occupied as a short-term vacation rental or homestay, pursuant to such permit; and, Agenda Item No. 11 Page 265 of 301 CC Agenda 02-18-2025 10 C. By posting in the place designated on the city’s internet website for shortterm vacation rental and homestay nuisance response plans, so that all such plans are available to all members of the public on the city’s website.
6.455.120 Insurance.
The owner of short-term vacation rental or homestay shall maintain, an insurance policy as specified by the permit administrator that is adequate and appropriate for short-term vacation rental or homestay use, as applicable.
6.455.130 Advertising shall include permit number.
All offers or advertisements for a short-term vacation rental or homestay shall include:
A. The correct city permit number applicable to the property in the form “Ventura Permit No. _______.”
B. A statement indicating the number of parking spaces available on site for occupant use and the statement “Street parking is extremely limited in some areas.”
C. The maximum number of occupants permitted.
D. If the offer to rent or advertisement contains different sizes of type or fonts, the information required by this section shall be printed in the same size type as the large type used in the main body of the offer or advertisement.
E. A statement indicating that there is a “2-night minimum” booking.
6.455.140 Operational standards.
Each owner and each occupant of a short-term vacation rental or homestay shall at all times comply with or cause compliance with the operational standards, as applicable.
A. The owner or their agent must live or work within thirty miles of the shortterm vacation rental and be able to respond to tenant and/or public concerns about the short-term vacation rental at all times during which the dwelling unit is being rented as such.
B. The owner shall ensure that the short-term vacation rental or homestay complies with all applicable codes regarding fire, building and safety, and all other relevant laws and ordinances.
C. The owner shall require the primary overnight and daytime occupant of the short-term vacation rental or homestay to be an adult 18 years of age or older. This adult shall provide a telephone number to the owner and shall be accessible to the owner by telephone at all times.
Agenda Item No. 11 Page 266 of 301 CC Agenda 02-18-2025 11 D. Prior to occupancy, the owner (or hosting platform) shall obtain the name, address, and driver’s license number or a copy of the passport of the primary adult occupant of the short-term vacation rental or homestay. The owner shall require that adult to sign a formal acknowledgement that they are legally responsible for compliance of all occupants of the short-term vacation rental or homestay and their guests with all provisions of this chapter. When applicable, the owner shall include in all booking agreements the statement that the primary adult acknowledges that they are legally responsible for compliance of all occupants of the short-term vacation rental or homestay and their guests with all provisions of this chapter.
E. The owner shall require all occupants to agree to a minimum stay of no less than two nights.
F. For short-term vacation rentals, the owner shall limit overnight occupancy to a specific number of occupants, with the maximum number of overnight occupants being two persons plus two persons per bedroom available to occupants. For homestays, that number will be two persons per bedroom available to occupants. Children under three years of age are excluded from the occupancy count. Advertisements shall include the number of maximum occupants permitted.
G. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection and between the hours of 4:00 p.m. the day before and 8:00 p.m. of scheduled trash collection days. The owner shall provide sufficient trash collection containers and service to meet the demand of the occupants. Owners may not delegate responsibility for compliance with this section to occupants.
H. The following regulations shall be posted in a conspicuous location inside the unit:
1. The maximum number of overnight occupants and day use visitors that are permitted.
2. The number of on-site parking spaces that are provided.
3. Notification that on-street parking is extremely limited in some areas of the city.
4. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property.
5. Notification that the occupant may be cited or fined by the city and/or immediately evicted by the owner pursuant to state law, in addition to any other remedies available at law, for violating any provisions of this chapter.
6. Notification that failure to conform to the occupancy requirements of the short-term vacation rental is a violation of this chapter.
Agenda Item No. 11 Page 267 of 301 CC Agenda 02-18-2025 12 7. Notification that amplified sound, including radios, televisions and other electronic devices are subject to the city’s noise ordinance as set forth in Section 10.650.110 et seq.
8. A prohibition on loud parties, along with notification of the city’s right to recover the costs of special enforcement needed to address certain loud parties under the circumstances described in Section
10.650.210 et seq.
9. A recommendation that the occupants participate voluntarily in neighborhood quiet hours by avoiding parties and loud social events between the hours of 10:00 p.m. and 7:00 a.m.
10.The name of the managing agency, agent, rental manager, local contact person, or owner of the unit, and a telephone number at which that party may be reached at all times.
11.A copy of the “Good Neighbor Guidelines.” These guidelines may include location-specific information, such as local speed limits and the prohibition of fires and fireworks in beach areas, as well as common courtesy reminders for occupants.
12.Notification that the property is part of the city of San Buenaventura’s short-term vacation rental/homestay program.
I. Upon receipt of a nuisance complaint or upon notification that any occupant and/or guest of the short-term vacation rental or homestay has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the San Buenaventura Municipal Code or any state law, the owner shall promptly respond and take timely corrective action to prevent a recurrence of such conduct by those occupants or their guests.
Failure of the owner to respond promptly and/or to take timely corrective action regarding the condition, operation, or conduct of occupants of the short-term vacation rental or homestay shall be a violation of this chapter.
An owner is not required or authorized to act as a peace officer or to intervene in situations that pose a risk to personal safety. The owner, or their agent, shall maintain records of the reporting party, violation, date, and time of each complaint, disturbance, response and corrective action as required by Section 6.455.160.
J. The owner shall keep written records documenting compliance with all elements of the operational standards and the approved nuisance response plan.
K. The operational standards may be modified by the permit administrator upon request of the owner based upon site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental or homestay occupant as may be required by state or federal law.
L. The permit administrator shall have the authority to impose additional operating standards as necessary, to achieve the objectives of this chapter.
Agenda Item No. 11 Page 268 of 301 CC Agenda 02-18-2025 13 M. Upon reasonable notice, each owner and/or agent shall provide access to each short-term vacation rental or homestay and any records related to the use and occupancy of the short-term vacation rental or homestay to the permit administrator at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled.
6.455.150 Fees.
The permit administrator shall assess fees as established by City Council to reflect the reasonable costs of administering this chapter, including but not limited to fees for the initial permit application, permit renewal, amendment of a nuisance response plan, inspections, and enforcement.
6.455.160 Nuisance response documentation.
A. A permittee shall be responsible for documenting each nuisance complaint received regarding their short-term vacation rental or homestay.
B. Each response to a nuisance complaint shall be documented and a copy of the response shall be submitted to the permit administrator within five business days from the complaint date.
C. The permit administrator shall be responsible for documenting each complaint received not already documented by a permittee regarding a violation of this chapter and keeping a copy of the document.
D. The complaint documentation will include the following information:
1. The name of the complainant, if any, and contact information, if any.
2. The date and time of the complaint and manner in which it was received (i.e., telephone, e-mail, or in person).
3. The basis of the complaint.
4. Any investigation performed and by whom.
5. The response and time of the response to the complaint.
6.455.170 Violations.
It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of the requirements of this chapter.
6.455.180 Issuance of notice of violation.
Where any provision of this chapter has been violated, city shall give notice of such violation by means of a written notice. In the notice, city shall set forth the specific violation(s), the date of the violation(s), contact information, a date by which city Agenda Item No. 11 Page 269 of 301 CC Agenda 02-18-2025 14 shall be contacted, and a date by which the violation(s) shall be corrected. It shall be the duty of the permittee to promptly contact city. Failure to timely contact city and otherwise correct the violation(s) in accordance with the provisions of this chapter may result in revocation or suspension of the permit. The notice may serve as a notice of intent to revoke or suspend the permit per Section 6.455.190.
6.455.190 Suspensions and Revocations.
In addition to any fine or penalty that may be imposed pursuant to any provision of this chapter, a permit may be suspended or revoked as provided in this section.
A. Suspension/Revocation.
1. Except as otherwise provided in this subsection, if any person violates a single or combination of permit conditions, section(s) of this chapter, or state or federal law, two or more times in any twelvemonth period, and the violations relate in any way to the dwelling unit that has a permit issued under this chapter, the permit may be suspended up to a period of six months in accordance with subsection (B) of this section.
2. If any person violates a single or combination of permit conditions, sections(s) of this chapter, or state or federal law, three or more times in any twelve-month period, and the violations relate in any way to the dwelling unit that has permit, the permit may be revoked in accordance with subsection (B) of this section.
3. If the city police issue any written notice for an event at short-term vacation rental or homestay as set forth in Sections 10.650.220 and
10.650.230 et seq. while the dwelling unit was occupied as a shortterm vacation rental or homestay, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section.
4. If a person operates a short-term vacation rental or homestay whose permit has been suspended, the permit may be revoked in accordance with subsection (B) of this section.
5. If any person violates any permit condition, section of this chapter, or state or federal law, within six months of having a previously suspended permit reinstated, and the violation relates in any way to the dwelling unit that has the permit, the permit may be revoked in accordance with subsection (B) of this section.
6. If any person fails to collect and remit transient occupancy tax in accordance with the requirements of this chapter, two or more times within any thirty-six (36) month period, the permit may be revoked in accordance with subsection (B) of this section.
Agenda Item No. 11 Page 270 of 301 CC Agenda 02-18-2025 15 7. If any person is determined to have provided false information on an application for permit or renewal application, the permit may be revoked in accordance with subsection (B) of this section.
B. Permits shall be suspended, revoked, or denied, only in the manner provided in this section.
1. City shall investigate whenever it has reason to believe that an owner or permittee has submitted an application that contains false information, failed to comply with any provision of this chapter or regulation promulgated by the permit administrator or committed a violation of this chapter, this code, or state or federal law related to a permitted dwelling unit. Such investigation may include, but is not limited to, on-site property inspections and review of nuisance response documentation.
2. Should the investigation reveal substantial evidence to support a finding that warrants a suspension, revocation or denial of the permit, city shall issue written notice of intent to suspend, revoke or deny the permit by personal delivery or U.S. mail to the address shown on the last application or renewal application. Service shall be deemed complete when personal service is made, or when the notice is mailed (postmark date). The written notice shall specify the facts which, in the opinion of city constitute substantial evidence to establish grounds for suspension, revocation or denial of the permit, and specify that the suspension, revocation or denial shall be effective 30 calendar days from the date the notice is given, unless the owner files a request for a hearing with the city clerk within 15 calendar days of service of the notice. The written notice will also include information about the exhaustion of administrative remedies as a prerequisite to litigation.
3. If the permittee or owner requests a timely hearing, a hearing shall be scheduled before the city manager’s designee (“hearing officer”) within 30 calendar days of the filing of the request with the city clerk.
Notice of the time and place of the hearing shall be given to the permittee or owner at least 15 days in advance of the date of the hearing, which may be continued for good cause by the permit administrator or designee upon the mutual consent of the parties.
4. The hearing officer shall consider all material presented at the hearing.
5. The city has the burden of proving that grounds exist for revoking, suspending, or denying a permit. The permittee or owner has the burden of proving that they have not committed the alleged violations warranting suspension or revocation or have met all of the requirements for a permit to be issued.
Agenda Item No. 11 Page 271 of 301 CC Agenda 02-18-2025 16 6. Written notice of the hearing officer’s decision shall be issued to the permittee or owner within 30 days of the conclusion of the hearing.
The decision shall provide notice of the right to appeal the decision to the city manager.
C. Appeals.
1. The permittee or owner aggrieved by the decision of the hearing officer shall have the right to appeal to the city manager. The notice of appeal shall state the specific basis for such appeal, accompanied by supporting substantiating evidence, and must be filed with the city clerk within 15 calendar days following the date of the hearing officer’s decision. Failure to timely file an appeal shall be deemed a waiver of all rights of appeal.
2. The city clerk shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. Any appeal without the payment of fees shall be considered untimely.
3. If a timely appeal is filed, the effect of the hearing officer’s decision will be stayed pending the city manager's resolution of the matter, unless the hearing officer specifically finds that the public health, safety, or welfare is endangered.
4. Upon receipt of the notice of appeal with the required fee, the city clerk shall set the matter for hearing at least 14 days, but not more than 30 days, from the date of the appeal request. The city clerk shall give the appellant written notice of the time and place of the hearing.
The hearing may be continued to a later date only upon consent of the appellant.
5. The appeal hearing shall be conducted as described above in subsection B.
6. The city manager's decision shall be communicated in writing to the owner within 20 calendar days after the close of the hearing. The city manager's decision shall state whether the hearing officer’s decision is affirmed, modified, or reversed and shall state the reasons.
7. The decision of the city manager will include notice that the decision is final and conclusive, that judicial review may be sought as provided by state law.
8. If a short-term vacation or homestay permit is suspended or revoked, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements.
9. If no appeal is filed, the revocation or suspension shall become effective upon the expiration of the time to file an appeal.
Agenda Item No. 11 Page 272 of 301 CC Agenda 02-18-2025 17 6.455.200 Grounds for revocation, suspension, or nonrenewal of business tax certificate.
Any finding supporting revocation, suspension, or nonrenewal of a permit shall also be grounds for revocation, suspension, or nonrenewal of any business tax certificate pursuant to Article 5 of Chapter 4.155.
6.455.210 Administrative citation.
In addition to, or separate from, the suspension, revocation, or denial of a permit, any person violating any of the provisions of this chapter or failing to comply with any of the requirements of this chapter is subject to the issuance of an administrative citation pursuant to the provisions of Chapter 1.50.
6.455.220 Public nuisance.
A. In addition to the above, any short-term vacation rental or homestay operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful, a violation of this code, and a public nuisance, and the city attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment, in any manner provided by law.
B. Nuisance Abatement Cost Liability. Any person creating, causing, committing, allowing or maintaining any nuisance related to a short-term vacation rental or homestay is liable for the costs of abating the nuisance.
Abatement costs include, without limitation, law enforcement and staff time incurred by the city and court costs. Abatement costs do not include attorney’s fees unless, at the time of request of such fees, they are sought in writing by the city, and, in which case, they may be awarded to the prevailing party in any action to abate the relevant nuisance.
C. Nuisance Abatement Lien. In addition to any other remedies or powers under civil or criminal law, the city attorney is hereby authorized to collect all abatement costs from the abatement of any nuisance through a nuisance abatement lien. Prior to the recordation of this lien, notice shall be provided to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. Such notice shall comply with the procedures set forth in California Government Code Section 38773.1, or any permitted alternative procedures allowed by law.
D. Cost of Nuisance Abatement as a Special Assessment. As an alternative to a nuisance abatement lien as set forth in subsection C of this section, the cost of abatement related to a short-term vacation rental or homestay may be applied as a special assessment upon the parcel of land on which the short-term vacation rental or homestay is located. Any such process to place a special assessment upon a parcel of land will comply with the notice Agenda Item No. 11 Page 273 of 301 CC Agenda 02-18-2025 18 and procedural requirements set forth in California Government Code Section 53930 et seq. or any successor or replacement provision, or any permitted alternative procedures allowed by law.
E. City may also take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will restrain and enjoin any person from operating, conducting, allowing or maintaining a short-term vacation rental or homestay contrary to the provisions of this chapter.
F. The remedies provided in this chapter are intended to be cumulative and may be used in conjunction with, or in lieu of, each other.
Agenda Item No. 11 Page 274 of 301 CC Agenda 02-18-2025 19 APPENDIX A
Agenda Item No. 11 Page 275 of 301 CC Agenda 02-18-2025 20 APPENDIX B
Section 3. This ordinance shall take effect upon certification by the California Coastal Commission of the City’s Local Coastal Plan Amendment incorporating these changes, with the exception that, effective 30 days after passage of this ordinance, the City shall not issue any new Short-Term Vacation Rental permits until the remainder of this ordinance becomes effective.
Section 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. CEQA FINDINGS. EXEMPTION FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT. The City Council further finds that the enactment of these regulations on short-term vacation rentals and homestays pursuant to this Ordinance is determined to be exempt under Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "State CEQA Guidelines") in that the adoption of these regulations merely implements a regulatory process that will not foreseeably result in construction activities or other physical activities, either directly or indirectly. It can therefore be foreseen that the enactment of this ordinance does not have the potential to result in significant effects on the environment.
Agenda Item No. 11 Page 276 of 301 CC Agenda 02-18-2025 21 At a regular meeting of the City Council of San Buenaventura on___________, this Ordinance was introduced by the following vote:
Ayes:
Noes:
Absent:
The foregoing Ordinance was adopted by the City Council of San Buenaventura on ___________ and ordered published by posting the following vote:
Ayes:
Noes:
Absent:
__________________________
Joe Schroeder
Mayor
ATTEST:
___________________________
Michael B. MacDonald, CMC
City Clerk
APPROVED AS TO FORM
Javan N. Rad, City Attorney
By: _______________________________
Monica I. De La Hoya
Assistant City Attorney
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TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: REQUEST FOR USE OF CITY RESOURCES IN SUPPORT OF REACH NONPROFIT’S PROGRAMS AND ACTIVITIES
RECOMMENDATION:
It is recommended that City Council:
1. Authorize the City Manager to execute an agreement allowing REACH to utilize storage space at Moranda Park; and
2. Approve REACH’s proposed project to beautify utility boxes within the City’s boundaries, supported by no more than 25 hours of staff time and waiving fees associated with applicable city permits.
BACKGROUND/ANALYSIS:
On December 2, 2024 Councilmember Martinez made a motion, seconded by Councilmember Gama, which was subsequently approved by the entire City Council, to place an item on a future agenda to consider granting REACH access to the storage facility at Moranda Park. Additionally, Councilmember Martinez made a motion, seconded by Councilmember Hernandez, which was subsequently approved by the entire City Council, to place an item on a future agenda to consider approving the use of staff resources to develop a plan for, and work with REACH to facilitate, a utility box beautification project.
Moranda Park Storage
REACH has indicated its desire to use a portion of the existing storage area at Moranda Park to store event-related materials such as signage, tables, chairs, and other supplies essential for supporting community programs and activities. REACH’s request entails access to one-half of the area and seeks to use the space on a year-round basis as it is committed to hosting ongoing community engagement initiatives, such as pickleball tournaments, city beautifications projects, and other events that align with the nonprofit’s mission.
Agenda Item No. 12 Page 1 of 8 CC Agenda 02-18-2025
REACH – Request for City resources
February 18, 2025
Utility Box Beautification Project
REACH has expressed interest in an art project that would involve the painting of utility boxes in the City. Former Councilmember Martinez requested staff support in the development and execution of the proposed project. While the details of desired staff assistance are not known at this time, if approved staff involvement would be limited to:
• Identification of the location and ownership of utility boxes subject to project • Assist REACH with Utility company coordination
• Issuance of City permits that would be required for proposed work • Assist REACH with public awareness of the program
• Work with REACH to identify maintenance responsibilities (with any increased costs to be provided by REACH)
As the project sponsor, REACH will be responsible for project tasks not specific enumerated above to ensure its successful completion. These include but are not limited to: artist selection and associated coordination, art design/concept development, budgeting and payment, material procurement, oversight of work and overall project management. If the City Council finds that it is appropriate to support this project with staff resources, staff recommends that the authorized support be specified as a waiver of fees associated with city permits that may be required and a maximum of 25 hours of staff time. Costs associated with permits required by utility companies, if any, would be borne by REACH.
FISCAL IMPACT:
Allowing use of the storage facility at Moranda Park does not require an expenditure of City funds.
Based on preliminary information, the utility box beautification project would likely require the City’s issuance of temporary encroachment permits, which are typically billed at $91 per hour. The waiver of City permits and authorization to use up 25 hours of staff time has an estimated fiscal impact of approximately $2,500.
STRATEGIC PLAN:
Primary Strategic Pillar(s) and Initiative(s):
Optimal Levels of Service for Residents and Businesses
• Support and establish programs and events that created a strong sense of community pride and a connection to our history and heritage ATTACHMENTS:
A. Agreement for Use of Moranda Park Storage Area
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PHLL Use Agreement Page 1 of 6
AGREEMENT BETWEEN THE CITY OF PORT HUENEME AND
RECREATION, EDUCATION, ACTIVITIES, CULTURE IN HUENEME FOR
USE OF A STORAGE AREA AT MORANDA PARK
This Agreement is made and entered into as of ___ day of ________ 2025, by and between the City of Port Hueneme, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and Recreation, Education, Activities and Culture in Hueneme, a nonprofit organization, hereinafter referred to as "REACH".
1. Storage of Materials
REACH will store event-related materials in the designated storage area as identified on Exhibit A. These materials include but are not limited to signage, tables, chairs, banners, sports equipment, and other items related to community events and activities organized by REACH.
2. Space Requirements
REACH estimates that its storage needs will require one-half of the storage room to accommodate its items. At all times, City shall have access to remaining half of the storage area. REACH acknowledges that this agreement does not provide permission for the use of any City facilities beyond or other than that which is described on Exhibit A.
3. Keys and Access
REACH will require one key to the storage area. Access will be restricted to authorized REACH personnel involved in event planning and logistics. The Organization will ensure that access is limited to those responsible for the items stored.
4. Agreement Duration and Termination
This Agreement is effective as of the date below and will continue until either party provides written notice of termination, subject to the terms outlined herein.
Either party may terminate this Agreement with thirty (30) days' written notice.
5. Liability Insurance
REACH shall, at its own cost and expense, maintain prior to the beginning, and for the duration, of this Agreement insurance coverage as specified in Attachment "B" attached hereto and incorporated herein by this reference as though set forth in full.
Attachment A
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PHLL Use Agreement Page 2 of 6
6. Indemnification
To the fullest extent permitted by law, REACH shall indemnify, defend (with independent counsel approved by City) and hold harmless City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of REACH or the acts or omissions of an employee, agent or subcontractor of REACH. In the event that a third party institutes such an action against City which pertains to the Services, whether REACH is named or not, REACH shall provide a defense of said action at its sole expense, and shall indemnify City from any costs or expenses related to said action and any judgments rendered therein.
No settlement of such an action may occur without the express written consent of City. The provisions of this paragraph survive completion of the Services or the termination of this Agreement. The provisions of this section are not limited by the provisions of Section 5 relating to insurance.
7. Assignment and Subletting
REACH shall not assign this Agreement, or any interest therein, and shall not assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of REACH excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of the City Manager or the City Manager's designee. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to the interest of REACH, by operation of law, without the written consent of the City Manager or the City Managers designee. Any assignment or subletting without such consent shall be void, and shall, at the option ofthe City, terminate this Agreement. No legal title or interest in Premises is created or vested in REACH by this Agreement.
8. Notices and Payments
All notices required under this Agreement including change of address shall be in writing, and all notices and payments shall be made as follows:
REACH
ATTN: Richard Rollins, President
222 Morning Breeze Ln.
Port Hueneme, CA 93041
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PHLL Use Agreement Page 3 of 6
All notices to City shall be given or mailed to:
City of Port Hueneme
James Vega, City Manager
250 N Ventura Road
Port Hueneme, CA 93041
9. Authority to Execute Agreement
The person executing this Agreement on behalf of REACH warrants and represents that he/she has the authority to execute this Agreement on REACH’s behalf and has the authority to bind REACH to the terms of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above.
CITY OF PORT HUENEME REACH
____________________________ _____________________________ James Vega, City Manager Richard Rollins, President
ATTEST:
_______________________________
Georgianna Nicole Alvarez, City Clerk
APPROVED AS TO FORM:
_____________________________
Joan Stevens Smyth, City Attorney
Attachments:
A. Premises
B. Insurance Requirements
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PHLL Use Agreement Page 4 of 6
Attachment A
STORAGE AREA
The location of the storage area within the Moranda Park building is noted by the arrow above. The agreement entitled REACH to utilize one-half of the space within the storage area.
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PHLL Use Agreement Page 5 of 6
ATTACHMENT B
INSURANCE REQUIREMENTS
REACH shall, at its own cost and expense, procure and maintain, for the duration of the contract:
General Liability Coverage. REACH shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Endorsements. Each general liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall endorsed with the following specific language:
1. CITY, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of REACH, including materials, parts or equipment furnished in connection with such work or operations.
2. This policy shall be considered primary insurance as respects CITY, and/or its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by CITY, including any self-insured retention by CITY, shall be considered excess insurance only and shall not contribute to REACH’s insurance.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, and its elected or appointed officers, officials, employees or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents or volunteers.
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PHLL Use Agreement Page 6 of 6
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by CITY.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions applicable to REACH must be declared to and approved by CITY. At CITY’s option, REACH shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
Certificates of Insurance. REACH shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
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