REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: November 12, 2024
PROJECT PLANNER: Josh Dan, Senior Planner
Phone: (559) 713-4003
E-mail: [email protected]
SUBJECT: Zoning Text Amendment No. 20 24-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2024-71, recommending that the City Council approve adoption of Zoning Text Amendment No. 2024-04, which amends Title 17, Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, citywide. This recommendation is based on the findings contained therein and summarized as follows:
• The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
• The Zoning Text Amendment amends established objective standards to adequately address operational standards for short-term rentals, consistent with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city.
RECOMMENDED MOTION
I move to recommend that the City Council approve Zoning Ordinance Text Amendment No. 2024-04 based on the findings and conditions in Resolution No. 2024-71.
BACKGROUND AND REASON FOR ZONING TEXT AMENDMENT
The City Council, in response to several inquiries regarding Short -term rentals, directed staff to explore potential options regarding the ability to regulate this use in residential zones. On October 16, 2023, the City Council introduced the first reading of a Zoning Text Amendment (i.e., ZTA No. 2023-01) that established codified performance standards regulating short-term rentals occurring in all residential zones (i.e., R -1 and R -M zones). During the public hearing, a majority of the Councilmembers expressed common agreement that the ordinance was a “good start” in establishing requirements to address STRs in the community. However, during the Council’s deliberation on the adoption of the ordinance, Council provided direction on potential changes to the STR ordinance to be discussed at a future Council meeting. The City Council requested that staff return in 60 to 90 days after the STR ordinance took effect for further discussion on potential revisions to the ordinance.
On February 20, 2024, staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. The following items were presented to the City Council for consideration:
1. Requirement for the short-term rental permit to be reapplied annually.
2. Consideration of a buffer or spacing requirement between STRs.
3. Other limitations staff may find suitable that other agencies have applied.
During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to dete rmine if additional measures would be merited to get STR owners/operators legally permitted.
On September 3, 2024, staff returned to the City Council with an update on the STR Ordinance “roll out” thus far. Staff presented the outreach p erformed to reach STR operators, how the implementation process returned only 45 applications by the time staff drafted the report, and lastly, presented alternative measures to ensure further compliance with the ordinance as Council had directed six-months prior.
Based on information received during the September 3rd meeting, Council directed staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, as well as approve staff to solicit software services that may help in capturing STRs that have not applied for the ap propriate City permits and licenses. Zoning Text Amendment (ZTA) No. 2024-04 is the city-initiated request to address revisions as directed by the City Council.
PROJECT EVALUATION
Based on direction received at the September 3 rd meeting, the following revisions to Section
17.32.166 are outlined below.
Proposed Revisions to VMC Section 17.32.166 Short-Term Rentals:
Compliance Fee Assessment
Section 17.32.166.E has been added to the STR Ordinance. This new section , in coordination with the Finance Department, identifies the need to include enforcement language that explicitly identifies the penalty fee to be assessed for owners/operators who fail to comply with the STR ordinance and/or fail to apply for all the necessary applications / permits.
Similar to the Solid Waste provisions of the municipal code, revisions to Section 17.32.166 Short- term rental permits will now explicitly list the penalty fines if a property owner/operator fail to comply with the STR ordinance. T he penalty amounts noted in the STR Ordinance for noncompliance, after first notice, are $100, $200, and $500.
Section 17.32.166 will be revised as follows:
E. Enforcement:
The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.
Any person convicted of any infraction of this chapter shall be punished by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and
3. A fine not exceeding five hundred dollars ($5 00.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.
Annual Renewal Requirement
In addition to the inclusion of specifically noting the penalty fees in the STR ordinance, the ordinance will also include language informing property owners/operators that an annual renewal permit is required for all STR’s operating in Visalia. Establishing an annual renewal STR permit
process ensures that operators of ST Rs are fully aware and in compliance with the adopted regulations. To determine how this process should be done, s taff sought input from the City’s Business Tax Division to identify potential regulatory timeframes that may best coincide with the Business Tax Certificate renewal process, which is done bi -annually, given that STRs are required to have both a Business Tax Certificate and STR permit issued by the Planning Division.
However, due to the bi -annual Business Tax Certificate renewal timelines, requiring the annual STR permit to coincide with their timeframes does not work given the STR permit issued by the Planning Division will be an annual permit.
Staff has concluded that the Business Tax Division will continue to notify their customers regarding business tax bi-annual renewals as they currently do while the notification requirement of STR operators to reapply for their STR permit will fall on the Planning Division. The requirement for annual renewal will be one calendar year from the date the STR application is approved, with a 30-day deadline for applications to be submitted as detailed below:
F. Annual renewal:
1. A Renewal Short-Term Rental Permit application accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Community Preservation Department annually prior to expiration of the Short -Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short- Term Rental Permit.
2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short -Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short -Term Rental Permit was issued on January 1, 2025, the renewal Short-Term Rental Permit issuance date shall be January 1, 2026.
3. If a Renewal Short -Term Rental Permit application is not received prior to the expiration of an issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short -term rental activities at the property must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit shall apply.
The fee to be assessed for the annual STR permit renewal will be the Home Occupation Permit- change of location fee, which is currently assessed at $19.00 as identified in the City of Visalia August 2024 fee schedule. During the next fee update, staff will amend the fee schedule to specifically note both the “Short -term Rental permit fee -new” and the Short -term Rental permit fee-renewal” as their own fees in the fee schedule. Please note both of theses fees will be the same fee used for Home Occupation permi ts, and will be subject to annual increases based on the Consumer Price Index.
Environmental Review
The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.
RECOMMENDED FINDINGS
1. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed zoning amendment is crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards.
2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.
3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
APPEAL INFORMATION
The Planning Commission’s recommendation on Zoning Ordinance Text Amendment No. 2024- 04 is advisory only and is automatically referred to the City Council for final action.
Attachments:
• Related Plans and Policies
• Resolution No. 2024-71 - Amendment to Chapter 17.32.166 Short-Term Rentals • Exhibit A – Council Staff Report (September 3, 2024)
• Exhibit B – Revision to Short-Term Rental Application
RELATED PLANS AND POLICIES
Chapter 17.44
ZONING AMENDMENTS
Sections:
17.44.010 Purpose.
17.44.020 Initiation.
17.44.030 Application procedures.
17.44.040 Public hearing—Notice.
17.44.050 Investigation and report.
17.44.060 Hearing.
17.44.070 Action of city planning commission.
17.44.090 Action of city council.
17.44.100 Change of zoning map.
17.44.110 New application.
17.44.120 Report by city planner.
17.44.010 Purpose.
As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
17.44.020 Initiation.
A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.
B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and
17.44.090 shall be followed.
17.44.030 Application procedures.
A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;
3. Address and legal description of the property;
4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;
5. Additional information as required by the historic preservation advisory board.
B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.
17.44.040 Public hearing—Notice.
The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing.
17.44.050 Investigation and report.
The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission.
17.44.060 Hearing.
A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.
B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents.
17.44.070 Action of city planning commission.
The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission.
17.44.080 [Reserved].
17.44.090 Action of city council.
A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.
B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal.
17.44.100 Change of zoning map.
A change in zone boundary shall be indicated on the zoning map.
17.44.110 New application.
Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.
17.44.120 Report by city planner.
On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 17.44.090.
RESOLUTION NO. 2024-71
RESOLUTION NO. 2024-71
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2024-04, A
REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE), CHAPTER 17.32.166 SHORT-TERM RENTALS TO ADD
LANGUAGE REQUIRING APPLICANTS TO REAPPLY ANNUALLY AND TO INCLUDE FINES FOR NON-COMPLIANCE, CITYWIDE.
WHEREAS, Zoning Text Amendment No. 20 24-04 is request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter
17.32.166 Short -Term Rentals to add language requiring applicants to reapply annually and to include fines for non -compliance, Citywide. The specific amendments are specified in Attachment “A” of this Resolution; and
WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 2024; and
WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony pres ented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council concur that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:
1. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed zoning amendment is crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards.
2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.
3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
RESOLUTION NO. 2024-71
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia.
RESOLUTION NO. 2024-71
Resolution No. 2024-71
ATTACHMENT “A”
Zoning Text Amendment (ZTA) No. 202 4-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short -Term Rentals to add language requiring applicants to reapply annually and to include fines for non -compliance, Citywide.
Changes to City of Visalia Municipal Code Title 17 – Zoning Ordinance, as specified by underline & italics for additions.
Section 17.32.166 Short-term rental permits.
A. Short-term rental permits may be processed as an administrative matter by the city planner and no hearing shall be required.
B. In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short-term rentals are subject to the following operational standards in all R-1 and R-M zones citywide:
1. Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this chapter:
a. “Local contact person” shall mean a person designated by an owner or the owner’s agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection “4” of this section. A local contact person may be the owner or the owner’s agent.
b. “Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. c. “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
d. “Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling.
e. “Short-term rental” shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days.
The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.
2. The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, regardless of whether such noncompliance was committed by the owner’s agent, a local contact person or the occupants of the owner’s short-term rental unit.
3. The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, and pay all applicable fees.
4. While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to RESOLUTION NO. 2024-71
respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property.
Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13 of Title 1.
5. Short-term rentals shall be used only for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 7 of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.
6. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued permit number as part of the rental offering. No person shall advertise the use of a dwelling as a short-term rental unless the City has approved a permit for short-term rental pursuant to this chapter.
7. The owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants to two (2) per bedroom plus one (1):
Number of
Bedrooms
Total
Occupants
Studio – 1 3
2 5
3 7
4 9
5 11
6 13
8. Only the habitable interior portions of a primary dwelling shall be utilized as a short- term rental. Garages, tents, camper trailers, recreational vehicles, accessory dwelling units (ADUs), or other exterior structures or spaces are not permissible as short-term rentals or as bedrooms within short term rental units.
9. In any advertising concerning the availability of a dwelling as a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.
10. No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.
RESOLUTION NO. 2024-71
11. All vehicles of occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term “sidewalk” shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.
12. If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of this code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation.
Failure of the owner or the local contact person to affirmatively respond to the officer’s request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.
13. Notwithstanding Visalia Municipal Code Section 9.32.040, no musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.
14. Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 6:00 a.m., such as the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 6:00 a.m. are considered to be “quiet time,” where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
15. It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Title 8 Health and Safety.
RESOLUTION NO. 2024-71
16. The owner and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.
17. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Chapter
8.28, which provides for containers to be placed at the curb on the day of pickup and removed by 7:00 p.m. on the day of collection. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on site and in the adjacent portion of the street.
18. The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this section.
19. All short-term rentals shall be subject to the City’s transient occupancy tax, as required by Title 3 Revenue and Finance, Chapter 3.28 Transient Occupancy Tax. The owner shall also maintain, at all times, a valid City of Visalia business license.
20. Short-term rentals shall not exceed one unit per parcel in any residentially zoned district.
C. A short-term rental permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked if three or more violations occur within a one -year period or the required transient occupancy tax payments are not made to the City as required under Chapter 3.28.
D. In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed in writing with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter
17.28. The planning commission shall review and either uphold or deny the city planner decision. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145.
RESOLUTION NO. 2024-71
E. Enforcement:
The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.
Any person convicted of any infraction of this chapter shall be punished by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.
F. Annual renewal:
1. A Renewal Short -Term Rental Permit application accompanied by the Short - Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Community Preservation Department annually prior to expiration of the Short - Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.
2. If a Renewal Short -Term Rental Permit application is received prior to the expiration of the issued Short -Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short - Term Rental Permit shall be stayed until the Renewal Short -Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short -Term Rental Permit shall be the same as the issuance month and day of the previous Short -Term Rental Permit; for example, if the previous Short -Term Rental Permit was issued on January 1, 2025, the renewal Short -Term Rental Permit issuance date shall be January 1, 2026.
3. If a Renewal Short -Term Rental Permit application is not received prior to the expiration of an issued Short -Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short -term rental activities at the property must cease, and a New Short -Term Rental Permit shall be required for continued or future use of the unit as a Short -Term Rental, and all requirements of a New Short-Term Rental Permit shall apply.
Visalia City Council
Legislation Text
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Agenda Item Wording:
Short-term Rental Ordinance Update - Receive an update on the City’s Short-term Rental Ordinance and permitting process per Section 17.32.166 Short-term rental (STR) ordinance and consider potential revisions to the STR Ordinance.
Deadline for Action: 9/3/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Planning and Community Preservation Director, [email protected] < mailto:[email protected]>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council receive the staff report, presentation, and take public comments. Based on the information received, the City Council may direct staff to initiate further zone text amendment changes to the recently adopted Short-term Rental ordinance (Section
17.32.166) based on the following:
Proceed with drafting ordinance language to address Item No. 1, to include an Enforcement Section, Item No. 2, to include language requiring the implementation of an annual renewal permit process, and Item No. 3, solicit software and services that may help in capturing short-term rental properties that have not applied for the appropriate City permits and licenses.
Any revisions to be considered as part of the Zone Text Amendment process related to Short-Term Rentals may be subject to a future work session discussion with the City Council based on staff’s analysis of the potential changes. Should council elect to direct staff to proceed with a ZTA, staff will return in 90-days with amendments to the ordinance.
Executive Summary:
On October 16, 2023, the City Council introduced the first reading of Zoning Text Amendment (ZTA) No. 2023-01. The ZTA ordinance established codified performance standards regulating short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones). The ordinance took effect on December 6, 2023. During the introduction and first reading of Ordinance No. 2023-11 (STR Ordinance), a majority of the Councilmembers expressed common agreement that the ordinance was a “goodstart”in establishing requirements to address STRs in the community. However, during the Council’s deliberation on the ordinance, additional statements were made, and Council direction given, that further consideration on potential changes to the STR ordinance be discussed at a future Council meeting. The City Council requested that staff return in 60 to 90 days after the STR ordinance took effect for further discussion on potential revisions to the ordinance.
On February 20, 2024, staff presented an update on the STR ordinance and included additional File #: 24-0322, Version: 1
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On February 20, 2024, staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. The following items were presented to the City Council for consideration:
1. Requirement for the short-term rental permit to be reapplied annually.
2. Consideration of a buffer or spacing requirement between STRs.
3. Other limitations staff may find suitable that other agencies have applied.
During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’simplementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.
Outreach:
The process of getting operators into compliance was known to be a difficult endeavor as the online STR platforms do not provide addresses or contact information for operators until a reservation is secured. However, staff worked with the Communications Division to publish Public Service Announcements (PSAs) regarding the newly adopted STR ordinance via the City’svarious social media accounts. The Communications Division also included a one-page notice about the newly implemented STR ordinance and need of a permit in the Parks and Recreation Department - 2024 Spring Live & Play Guide (see Attachment 3).
Additionally, through the initial work sessions and implementation of the ordinance, staff was also contacted by an Airbnb representative. The Airbnb representative informed staff that any informational material issued by the City regarding STR permit process/requirements could be shared with STR owner/operators who use the Airbnb platform within the city. Staff provided the Airbnb representative with the information provided in the Spring Live & Play Guide and asked that the platform inform operators of their obligation to apply for a STR permit.
To gage if this information was being provided to STR owners/operators, staff asked applicants that submitted an STR application (when they’vecalled or come to our front counter) how did they find out about Visalia’sSTR ordinance and permitting requirements. The majority identified that they saw the social media posts, while only one identified they decided to apply for their permit because of the Airbnb’s platform notification of the City’ of Visalia’s permit process.
STR Permitting Implementation:
STR permits are typically initiated by the applicant starting with the Business Tax Division, where the STR owner/operator will also fill out the business license application, which are then both routed to the Planning Division for review and subsequent approval. This process is similar to the Home Occupation Permit process which staff identified as the process both the Planning and Business Tax Division’s would follow given the familiarity of this process between both divisions.
To date, staff has only received a total of 45 application submittals, with only 33 approvals being granted. Some applications were rejected for the simple fact that the ordinance does not allow multiple STRs on one site, others have code violation infractions that need remedying before a permit may be approved, while the majority of the others lacked the required grant deed which is required when submitting the STR application.
However, in FY 2023/24, Visalia received $623,570 of transit occupancy tax (TOT) from short-term rentals, which indicates over $6 million in room receipts in that fiscal year. The majority of TOT Visalia City Council Printed on 10/31/2024Page 2 of 8
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rentals, which indicates over $6 million in room receipts in that fiscal year. The majority of TOT remitted to Visalia is typically a lump sum payment received from AirBnB that collects TOT from those operators who have opted to have TOT collected through AirBnB platform. This is not the case for those owners/operators that opt out of having AirBnB collect TOT.
Additional Outreach Notification:
Although staff’sapproach for compliance, as noted above, has proven to not be the most effective in getting a larger number of STRs permitted, Planning staff has engaged the Finance Department to help in ascertaining ways of getting the City’sSTR regulations out to STR owners/operators that still may not be aware of the City’sSTR requirements. One tool that has been recently implemented is a purchased list of potential short-term rental properties that are advertising within the City. The list provides addresses to properties in Visalia that may be operating as short-term rentals. This list is currently being generated and will be provided to the City within 60-90 days. Once staff has the active list, letters will be mailed to all listed property addresses detailing the City’s adopted requirements and informing STR owner/operators of the legal requirement to get their properties properly licensed. The letter informs these owners that they have 30 days to respond and failure to comply may result in fines if staff substantiates the property is operating an STR without proper approvals. A copy of the draft letter that will be mailed out has been provided as Attachment 4.
Potential STR Updates for Council Consideration:
Based on the number of potential STR’slocated in the community that have not submitted for their appropriate licenses and permits, the enactment of the STR ordinance to date has not resulted in the anticipated increase on getting STR owners/operators legally permitted in Visalia. To address additional methods for getting STR owners/operators into compliance, staff recommends the Council reconsider the discussed compliance measures with some additional options as follows:
1. Addition of Enforcement Section to STR Ordinance
In coordination with the Finance Department, staff identified the need to include enforcement metric language that explicitly identifies the penalty fee to be assessed for owners/operators who fail to comply with the STR ordinance and/or fail to apply for all the necessary permits. Staff recommends the City Council direct staff to amend Section 17.32.166 Short-term rental permits to explicitly list the penalty fines as stated in Section 8.28.220.B “Solid Waste Collection and Disposal”. However, the penalty amounts noted in the STR Ordinance would be the fees identified in Section 1.12 “General Penalty” of the Municipal Code, which assesses fees for noncompliance, after first notice, in the amounts of $100, $200, and $500.
Staff Recommendation: Staff recommends Council direct staff to incorporate this change to the current STR ordinance.
2. Establishment of an Annual STR Permit Renewal Process:
Implementation of an annual renewal permit process can be enacted and would be consistent with other permit types the City issues. Procedurally, language can be drafted that clarifies STR Permits are valid for one-year and the permits are automatically void upon expiration, unless renewed with City. Permits may be renewed subject to the provisions and restrictions that could be outlined in a revised STR ordinance. Proposed modifications to clarify the STR Permit annual renewal application process, requirements, and limits would need to be drafted for consideration.
Staff would seek input from the City’sBusiness Tax Division to establish the regulatory timeframes that may best coincide with the Business Tax Certificate renewal process, which is done bi-annually, given that STRs are required to have a Business Tax Certificate to operate and are required to Visalia City Council Printed on 10/31/2024Page 3 of 8
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given that STRs are required to have a Business Tax Certificate to operate and are required to submit their transit occupancy tax with the Finance Department. Establishing an annual renewal STR permit process ensures that operators of SRTs are fully aware and in compliance with the adopted regulations. Failure to comply with all adopted codified requirements may result in non-renewal of the STR permit.
If desired, the City Council may direct staff to incorporate revisions to the STR ordinance to codify duration of Short-Term Rental permits and draft language on annual renewal application processes, requirements, and limits.
Staff Recommendation: Staff recommends Council direct staff to incorporate changes to the current STR ordinance to establish annual permit processing requirements.
3. Use of Third-Party Compliance Software
Council may also consider directing staff to solicit software and services that may help in capturing short-term rental properties that have not applied for the appropriate City permits and licenses.
Planning and Finance staff has recently been in contact with two vendors that offer software and services for tracking and enforcement. Information that can be provided by these services include the following:
1. Back-tracking at least 12-months to identify rental postings across multiple platforms (removing duplicates);
2. Identify addresses of rentals within the City;
3. Identify hosts and associated contact info;
4. Rental frequency;
5. Rental type [room(s), whole home, RV, etc.];
6. Identify compliance issues with established ordinances.
Finance Department staff is currently seeking software for Business License and several of these Companies offer a module for TOT collections, STR tracking, and other services as well. Initial fees for services can vary between $5,000 to $30,000, yearly, with cost escalating with additional service add-ons.
Staff Recommendation: Staff recommends the City Council direct staff to continue to explore options on increasing enforcement, tracking, and services.
4. Establishing an Overall Number of STR Permits Allowed Staff reached out to multiple local agencies in California and the most responsive and helpful has been the City of Santa Rosa. Staff found that the City of Santa Rosa, through multiple revisions of their STR ordinance, has similarly implemented STR regulations to address STRs in their community.
Key features to their approach, which the City’scurrent STR ordinance does not address are as follows:
1. Separate “Hosted” from “Non-Hosted” STR approvals.
a. Allow unlimited “Hosted” STRs.
i. A Hosted STR is defined as-a Short-Term Rental where, throughout the rental period, the host resides on-site. Hosted STRs may be limited to only the primary residence on any property containing more than one legal dwelling unit.
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b. Limit “Non-Hosted” STRs.
i. A Non-Hosted STR is defined as a Short-Term Rental where the Host does not reside on-site throughout the duration of the rental period.
2. Require permit renewals.
a. Provide a 60-day notice and 30-day deadline for STR application renewals.
3. Determine that Non-Hosted STRs not meeting the application deadline be eliminated from the overall permissible amount of Non-Hosted STRs permitted within the community.
Staff Recommendation: Staff is not opposed to this option as a means to get STR owners/operators into compliance with the risk of knowing that the City may limit the number of STR permits issued Citywide. Staff recommends this option be considered after letters have been mailed and an enforcement attempt has been made by City staff.
If the City Council directs staff to proceed with option limiting the number, staff will work on establishing the parameters of how the STR ordinance will need to be revised to account for the changes as noted above. In addition, Planning staff will work closely with other City divisions on how this will be implemented and tracked to ensure that STR owners/operators are in compliance. Prior to bringing a formal Zone Text Amendment for adoption, staff anticipates bringing the framework of the revised STR ordinance for Council’s input on the drafted language and procedural requirements through the work session format.
5. Consideration of Buffer / Spacing Requirements:
As stated in previous work sessions, consideration of a buffer / spacing requirement could be considered. Similar to the City’s Smoke Shop establishment ordinance, an established buffer or spacing requirement (e.g. 500-ft., 1,000-ft.) could be further analyzed if directed to pursue this requirement. Please note this requirement would need to be supported in the record prior to adoption. Challenges to SRT regulation have compared the transitory nature of an SRT to allowed usage such as small group homes or transitional/supportive housing and argued that similar types of transitory uses should be permissible and constitutional protections for equal protection should apply.
Given that over 80% of the City’sGeneral Plan land uses are dedicated to residential land uses, establishing the necessary mapping and tracking mechanisms could be difficult to regulate if a buffer or spacing requirement were considered.
Furthermore, buffering requirements could be challenged if uses such as bed and breakfast inns or boutique hotels are not subject to spacing requirements from residential uses, under the argument that similar uses should be treated in the same manner under the zoning ordinance. Buffers, by their nature, must be tracked by staff, which would require additional internal review.
Staff, with the help of the GIS Division, conducted a mapping exercise implementing a 1,000-foot buffer within designated residential land use areas. Currently, there is a total residential land use area of approximately 820,234,917 square feet (18,830 acres). When applying the 1,000-foot buffer to the total residential land area, it resulted in approximately 261 “lots”,or potentially only providing for Visalia City Council Printed on 10/31/2024Page 5 of 8
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total residential land area, it resulted in approximately 261 “lots”,or potentially only providing for approximately 261 short-term rental permits. Please note this number should be considered hypothetical because it is not likely that each buffer’scenter aligns perfectly with a residential land use.
Staff Recommendation: Staff does not recommend this option be considered. As noted above, establishing the necessary mapping and tracking mechanisms could be difficult to regulate if a buffer or spacing requirement were considered. Staff concludes the options in the report where staff is supporting the direction on proceeding with the changes as noted in those sections gives staff the ability to establish the necessary framework language to get STR owners/operators into compliance based on limiting the number of STR’s permitted to operate in the City of Visalia.
6. Consideration of an Outright STR Ban:
The City Council could also consider an outright ban on STRs. There have been numerous articles written that short-term reduce the availability of long-term rental properties, driving up housing costs, frequent turnover of short-term renters can disrupt the sense of community and lead to noise and safety concerns, and the difficulty on City staff to ensure at all times STR’s are complying with regulatory requirements.
Discussions with Santa Rosa City staff found that the impact to staffing workloads to regulate STRs lead to the decision makers implementing an attrition style ordinance which could eventually lead to a ban of certain STRs in their community.
Based on the State of California declaring a housing crisis, the Council could consider a ban on STRs. It should be noted that staff will not be recommending this option at this time as figures have shown STRs (867 spaces listed in Visalia) to only account for roughly one percent of the current housing stock.
Staff Recommendation: Staff does not support an outright ban on STRs. Rather, implementing the revisions to the STR ordinance as discussed in this report and presented during the work session will help in bringing STR owners/operators into compliance thereby ensuring that these owners/operators understand the City’srules and regulations and if a STR is operated in a manner not consistent with these requirements, the owner/operator will be at risk of losing their ability to operate a STR in the City of Visalia.
Fiscal Impact: None.
Prior Council Action:
· May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.
· October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2023-01 (Ordinance No. 2023-11), proposing to provide the framework for staff to implement a registration and permitting process for all short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones) within the city. · November 6, 2023: The City Council, on a 4-1 vote, approved the second reading of Ordinance No. 2023-11 was held and served as the final action the City Council took in order Visalia City Council Printed on 10/31/2024Page 6 of 8
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Ordinance No. 2023-11 was held and served as the final action the City Council took in order for Zoning Text Amendment No. 2023-01 to take effect 30 days following adoption of the second reading.
· February 20, 2024: Staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted
Other:
· August 28, 2023: The Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’sprevious presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives.
· September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council.
Alternatives: The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Receive the staff report and take no further action at this time.
2. Continue the matter to a future City Council hearing for additional information.
Recommended Motion (and Alternative Motions if expected):
I move to direct staff to begin drafting revisions to the STR Ordinance based on the City Council’s desired options as follows:
1. Proceed with drafting ordinance language to address the items presented in Item No. 1, include Enforcement Section, Item No. 2, include language requiring the implementation of an annual renewal permit process, and Item No. 3, solicit software and services that may help in capturing short-term rental properties that have not applied for the appropriate City permits and licenses.
Environmental Assessment Status:
No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
CEQA Review:
The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
Attachments:
1. Ordinance No. 2023-11
2. Short-Term Rental FAQ
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3. Parks and Recreation Department - 2024 Spring Live & Play Guide - Pg. 10
4. Compliance Letter
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The number of bedrooms is:
STATE: ZIP:
ADDRESS:
VISALIA: A BETTER WAY OF LIVING
CITY OFVISALIA
PLANNI NG DI VI SI ON
NAME(S):
PHONE:
24/7 Contact Information:
Property Owner Information (Please provide complete information):
ADDRESS:
NAME:
SHORT-TERM RENTAL (STR) PERMIT APPLICATION
Dwelling Unit Information:
ASSESSOR’S PARCEL NUMBER (APN)*:
Please enter the number of bedrooms listed on City or County records:
WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 All applicants are subject to review and audits. Permits will be denied or revoked if the owner has knowingly made any false, misleading, or fraudulent statement of material fact in the application.
In order to receive a short-term rental permit, you must be the owner of the property. To provide proof of ownership, applicants must submit a copy the Grant Deed and, if applicable, a notarized Agent Authorization demonstrating that you (the applicant) are an authorized agent of the legal entity named on the Grant Deed as part of your application. Be advised, permitting fees will be reassessed annually through the renewal process.
CITY:
EMAIL(S):
All correspondence will be mailed to the address above. By submitting this application, you are agreeing to receive all citations, violations and penalties related to this application and permit this to address.
Check box below and attach required proof of ownership.
Copy of the Grant Deed enclosed (Notarized Agency Authorization if applicable) The owner or designated owner’s agent must be available twenty-four (24) hours a day, seven (7) days a week, at the phone number provided below to answer any call from the City, an agent authorized by the City to make such calls and any guests staying at the property when the dwelling unit is being rented. The owner may designate an owner’s agent with access to the dwelling unit and authority to fix any problems or violations of Visalia Municipal Code 17.32.166 and must be on the premises of the short-term rental at the request of an enforcement officer within forty-five (45) minutes of contact if needed. Any changes to the owner’s or designated owner’s agent 24/7 contact information must be submitted to the City to amend the application and be approved 1 week prior to the rental. The contact information will be made available to the public upon request.
PHONE:
OCCUPANY LIMITS: The owner shall limit occupancy of short-term rental property to 2 per bedroom/plus 1 persons (regardless of age).
PAGE 1 OF 4
*One application per parcel. If applying for multiple parcels, please complete an application for each one.
A Business Tax Certificate is required at the time of filing a STR Permit Application Permit Number:
Check if this is a Renewal (Grant Deed not required if this is a renewal) ATTENTION: Is this a renewal? Complete and submit Page 1 of this document.
I, , declare as follows:
Agent:
purposes necessary to file an application for, and obtain a permit to Executed this day of , 20
Signature of Owner
Owner Mailing Address
Owner Mailing Address (continued)
Owner Telephone
Owner Email (if applicable)
OWNER AGENT
Signature of Agent
Agent Mailing Address
Agent Mailing Address (continued)
Agent Telephone
Agent Email (if applicable)
Signatures (MUST BE NOTARIZED):
SHORT-TERM RENTAL PERMIT APPLICATION
A G E N C Y A U T H O R I Z A T I O N
I am the owner of certain real property bearing assessor’s parcel number* (APN):
Owner’s Signature MUST be Notarized.
Attach acknowledgement of signature(s) by Notary Public.
PAGE 2 OF 4
Property Owner:
Owner’s Name - Print
I designate , to act as my duly authorized agent for all Agent’s Name - Print
Action Sought
relative to the property mentioned herein. I declare under penalty of perjury the foregoing is true and correct.
.
“Agent” shall be the person that the permit will be issued to. Provide a name and contact number for the “Property Owner” and the designated “Agent”
CITY OFVISALIA
COMMUNI TY DEVELOPMENT
*One application per parcel, if applying for multiple parcels, please complete an application for each one.
I am the owner of the property located at
Attestations and Acknowledgements
INITALS:
WWW.VISALIA.CITY559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 I attest, under perjury, the following statements are true (initial each item):
, I have read and understand
the requirements of Visalia Municipal Code Chapter 17.32.166 "Short-Term Rental Permits" and will comply with its provisions.
INITALS:
The short-term rental of the property is not prohibited by Covenants, Conditions and Restrictions (CC&Rs), or rules or restrictions of a homeowners association or similar association, and I have notified such association that I am applying for a short-term rental permit. I will retain proof of notification for the duration that I maintain a short-term rental permit for the property.
INITALS:
I acknowledge that I will have to contact the Visalia Finance Department to obtain a transient occupancy certificate and will be in compliance with Visalia Municipal Code Chapter 3.28 "Transient Occupancy Tax," including its recordkeeping requirements.
The information in this application is correct, including the number of bedrooms I have listed for the dwelling unit(s) (or portion thereof) that is to be rented on a short-term basis.
INITALS:
INITALS:
The Property is not currently subject to code enforcement action, and any such action or citation has been cured and all fines paid.
Fire extinguishers, smoke detectors, carbon monoxide detectors, and other basic health and safety features are provided at the Property and are fully charged, operational, and easily located, and will remain so during the duration of this permit’s operation.
INITALS:
INITALS:
INITALS:
INITALS:
INITALS:
INITALS:
INITALS:
I, or my designated Owner’s Agent, will be available twenty-four (24) hours a day, seven (7) days a week, at the phone number provided in this application and will answer any call from the City, and guests staying at the Property and will be on the premises of the short-term rental at the request of enforcement officer of the City’s Police Department within forty-five (45) minutes of contact if needed.
I, or my designated Owner’s Agent, will provide full access to the Property and documents related to compliance with this Chapter, during normal City Hall business hours or at any time the dwelling unit (or portion thereof) is rented, immediately upon request by the City Manager or her/his designee for purposes of inspection or audit in compliance with federal and state law.
I acknowledge that I will post a sign at a conspicuous location within the short-term rental to advise occupants of the rules and operational standards imposed by Visalia Municipal Code section 17.32.166.
I will ensure that all short-term rental activity at the Property complies with all applicable laws, including, but not limited to, the noise limitations, parking requirements, and trash and refuse set forth in Chapter 17.32 of the Visalia Municipal Code, and applicable codes regarding fire, building and safety.
By initialing below, I acknowledge I understand, accept, and will comply with the following:
Occupancy shall not exceed the maximum number of individuals listed on the Permit.
I am responsible for updating any information in my application that changes during the period that the Permit is valid.
Such information must be updated before any short-term rental activity occurs, and in any case within 30 days of such changes, or immediately for any change in the Owner’s Agent contact information. To update information in my application I understand I must use the City’s amended short-term rental application form.
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SHORT-TERM RENTAL PERMIT APPLICATION
CITY OFVISALIA
COMMUNI TY DEVELOPMENT
WWW.VISALIA.CITY559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 INITALS:
I understand that I cannot cure a violation of this Chapter by seeking to amend my short-term rental permit after a violation occurs; short-term rental of a property may only be conducted as specifically authorized by an active short-term rental permit.
INITALS:
I understand that an application to renew a short-term rental permit must be received by the City Planner not less than thirty days prior to the expiration of the short-term rental permit. Applications received after the deadline but before expiration of the permit may be accepted at the discretion of the City Manager or her/his designee.
I understand and agree that I am responsible for any and all violations or illegal activity that occur on my property during a period where it is rented on a short-term basis, whether committed by myself, my agent, a guest, or any other person. Such violations may result in substantial fines, the loss of my short-term rental permit, criminal penalties, or other significant action. I have read Visalia Municipal Code Section 17.32.166 and accept the obligations imposed on me by that Section and will act so as to ensure that no violations occur on the Property.
INITALS:
DocuSign or electronic signatures will not be accepted.
The Short-Term Rental Permit Fee effective December 6, 2023.
Please submit a check payable to the City of Visalia along with your application.
The Short-Term Rental Permit Fee is non-refundable.
PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE
PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE
PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE
PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE
NAME OF LLC (IF APPLICABLE)
By: Date:
CITY OF VISALIA - STAFF USE ONLY
PAGE 4 OF 4
Signature
SHORT-TERM RENTAL PERMIT APPLICATION
CITY OFVISALIA
COMMUNI TY DEVELOPMENT
WWW.VISALIA.CITY559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292