Guadalupe City Zoning Code
CHAPTER 18
55 SHORT-TERM RENTALS
§ 18.55.010 Purpose.
The purpose of this chapter is to:
A.
Allow limited short-term rental uses while preserving residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance, safety, and other impacts on adjacent neighbors.
B.
Provide a process to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes.
C.
Prohibit all short-term rentals except as provided for in this chapter.
D.
The City reserves the right to change the regulations provided in this chapter at any time, including discontinuing the issuance of short-term rental registrations and/or administrative use permits for unhosted short-term rentals, notwithstanding any impacts to existing or future short-term permit holders. Anyone using a residential property as a short-term rental unit pursuant to this chapter acknowledges and accepts that possibility.
(Ord. 2022-497 §1)
§ 18.55.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
Neighboring properties.
The dwelling units located on any properties within 100 feet of the property lines where the dwelling unit on which the short-term rental is located, measured in all directions from these property lines.
Host.
Any person(s) who, or entity that, is the owner of record of residential real property on which a dwelling unit, or portion thereof, is offered for short-term rental either through a hosting platform or individually as an operator.
Hosting platform.
A means through which a host may offer a dwelling unit, or portion thereof, for short-term rental. A hosting platform includes, but is not limited to, an internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the short-term renter pays rent directly to the host or to the hosting platform.
Hosted short-term rental.
A short-term rental in which the host resides and maintains a physical presence during the short-term rental period, including being present on the property between the hours of 10:00 p.m. and 6:00 a.m. each day of the short-term rental period.
Short-term rental.
The use or possession of or the right to use or possess any dwelling unit, or portions thereof in any dwelling unit, for residing, sleeping, or lodging purposes for less than 30 consecutive calendar days, counting portions of days as full calendar days.
Short-term renter.
A person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of less than 30 consecutive calendar days, counting portions of calendar days as full calendar days.
Unhosted short-term rental.
A short-term rental where the host does not occupy a portion of the dwelling unit that is offered for a short-term rental during the period of the short-term rental (or does not occupy another dwelling unit located on the same property where the short-term rental is located during the period of the short-term rental).
(Ord. 2022-497 §1)
§ 18.55.030 Permitted use-Hosted short-term rentals.
Hosted short-term rental uses shall be permitted in all residential zones in the City of Guadalupe subject to the requirements of this chapter, including compliance with the operating standards, registration provisions, transient occupancy tax payments, and recordkeeping obligations, unless such short-term rentals are specifically prohibited by conditions, covenants, and restrictions and/or by any rules adopted by a homeowners or community association that apply to the property owner and prohibit the host from using the property as a short-term rental.
(Ord. 2022-497 §1)
§ 18.55.040 Administrative use permit required for unhosted short-term rentals.
Unhosted short-term rental uses shall be allowed in all residential zones in the City of Guadalupe subject to obtaining an administrative use permit as provided in Chapter 18.72 in addition to compliance with the operating standards, registration requirements, transient occupancy tax payments, and recordkeeping obligations, unless such short-term rentals are specifically prohibited by conditions, covenants, and restrictions that apply to the property and/or by any rules adopted by a homeowners or community association that apply to the property owner and prohibit the host from using the property as a short-term rental. In addition to any conditions imposed by the Planning Department, conditions imposed for all administrative use permits issued for unhosted short-term rentals shall include the following conditions:
A.
The local contact person shall be required to have the names of all persons who have the permission of the property owner(s) to be at the property for each short-term rental. In addition, the local contact person shall be required to have the license plate numbers for all vehicles permitted to park on site during the time period of each short-term rental. The local contact person shall promptly provide this information any member of the Police Department upon request. A failure to comply with this provision shall be a misdemeanor violation subject to a criminal citation, or issuance of an administrative citation, at the discretion of Public Safety personnel.
B.
Three contacts by Public Safety personnel at an unhosted short-term rental property within a 20-day period shall permit the City to initiate administrative cost recovery, including for Public Safety personnel's time and expense, in addition to other administrative cost recovery and imposition of administrative citations and penalties as allowed by this code.
C.
The host shall sign and submit a "Trespass Enforcement Authorization Letter" authorizing Public Safety personnel to act on behalf of host and enter the property to correct improper and/or illegal activities if 3 or more attempts to contact the host, resident(s), designated local contact, or other responsible party have failed, or have not resulted in correction of the improper and/or illegal activities within a reasonable time after contact has been made.
D.
Surveillance cameras shall be installed and positioned in such a way to be able to record all persons coming onto the property of any unhosted short-term rental (exterior only) during the term of any shortterm rental of the property. All recordings shall be kept for a minimum of 30 days and shall be made available to the City upon request.
E.
Parking shall be limited to on site which may require that a garage be required to be made available for renters. All renters' vehicles shall be required to display a sign on the dashboard of the vehicle indicating that it is permitted to be there by permission of the property owner with the dates of the rental period listed.
F.
If the unhosted short-term rental has outdoor space such as a patio, balcony, courtyard, etc., the host shall require renters to cease using such outdoor space no later than 9:00 p.m. on Sundays through Thursdays, and no later than 10:00 p.m. on Fridays and Saturdays.
(Ord. 2022-497 §1)
§ 18.55.050 Registration application and annual renewal.
A.
Registration and Annual Renewal.
1.
Application. Prior to advertising or making available any residence for short-term rents, hosts shall register the residence as a short-term rental with the City. This registration shall be submitted on a form prepared by the City and shall include the name and contact information of the host, the address of the dwelling unit(s) being used for short-term rental, the contact information for the local contact person, an acknowledgement of compliance with the requirements of the City's Zoning Ordinance, municipal code, applicable health and safety standards, and other information as requested. If the application is for an unhosted short-term rental, an administrative use permit as provided in Chapter 18.72 must be obtained prior to submitting the application, or such application will be rejected or deemed incomplete.
2.
Fee. The registration form shall be accompanied by a filing fee in an amount established by resolution of the City Council and updated from time to time.
3.
Application Completeness. The submitted information shall be used to determine whether to register the short-term rental. The host will be notified if an application is incomplete. If the host fails to timely submit the required information or fees necessary to complete the application, the application shall be deemed withdrawn. An application will expire 90 days after submission unless extended by the City Administrator upon a showing of good cause. If an application is incomplete and fees have been submitted, they will only be refunded if City staff does not review the application.
4.
Decision. The City Administrator or designee shall be responsible for deciding short-term rental registration applications. After an application is deemed complete, registration shall be approved where:
a.
The host demonstrates the ability to meet the requirements of this chapter.
b.
The subject dwelling unit is not the subject of an active code compliance order or administrative citation from the City in the past 12 months.
c.
A short-term rental registration for the dwelling unit has not been denied or revoked in the prior 12 month period.
d.
An administrative use permit has been obtained if the short-term rental is an unhosted short-term rental property.
e.
The Department of Public Safety shall be provided with a copy of the approved registration upon issuance to host.
5.
Validity. An approved registration shall be valid and payable on a fiscal year basis. An approved registration shall be personal to the host and shall automatically expire upon sale or transfer of the dwelling unit. No registration may be assigned, transferred, or loaned to any other person.
6.
Annual Renewal. A registration may be renewed annually upon payment of registration renewal fees and all required transient occupancy tax remittance associated with the short-term rental. The host shall submit such information concerning the short-term rental activity as may be required to verify the amount of tax paid. Failure to renew prior to the expiration date will result in expiration of the registration.
C.
Requirements Not Exclusive. The issuance of a short-term rental registration shall not relieve any person of the obligation to comply with all other provisions of this code applicable to the use and occupancy of the property.
(Ord. 2022-497 §1)
§ 18.55.060 Operating standards and requirements.
The following operating standards and requirements shall apply to short-term rentals:
A.
Legal Dwelling. Short-term rentals may only occur within legal dwelling units with no open code compliance cases.
B.
Business License. Any property used as a short-term rental requires approval of a City business license.
C.
One Short-Term Rental Allowed Per Host. The same host may only operate one short-term rental in the City of Guadalupe.
D.
Annual Limit. A dwelling unit may be occupied as an unhosted short-term rental for no more than 120 days per calendar year. There is no limit on the number of days a primary residence may be occupied as a short-term rental where the host is present. For purposes of this chapter, a host is considered present when they are on the premises at all times between the hours of 10:00 p.m. and 6:00 a.m.
E.
Local Contact Person. For unhosted short-term rentals, hosts shall identify to all guests and all occupants of neighboring properties a local contact person to be available 24 hours per day, 7 days per week during the term of any unhosted stay. The designated local contact person shall:
1.
Respond within 30 minutes to complaints regarding the condition or operation of the dwelling unit or the conduct of guests; and
2.
Take remedial action to resolve such complaints.
3.
The local contact person shall be required to have the names of all persons who have the permission of the property owner(s) to be at the property for each short-term rental. In addition, the local contact person shall be required to have the license plate numbers for all vehicles permitted to park on site during the time period of each short-term rental. The local contact person shall promptly provide this information any member of the Police Department upon request.
F.
Parking. Parking shall be limited to on site which may require that a garage be required to be made available for renters. All renters' vehicles shall be required to display a sign on the dashboard of the vehicle indicating that it is permitted to be there by permission of the property owner with the dates of the rental period listed.
G.
Special Events. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.
H.
Administrative Policy. The City Administrator or designee shall have the authority to develop administrative policies to implement the intent of this section.
I.
Transient Occupancy Tax (TOT). Transient occupancy taxes must be collected for short-term rentals and paid to the City pursuant to Chapter 3.20 of the Guadalupe Municipal Code. Collection of transient occupancy taxes for short-term rentals shall be the responsibility of the host. The hosting platform shall collect TOT if the City and the hosting platform have entered into a voluntary collection agreement (or equivalent) with the City.
J.
Records of Compliance. The host shall retain records documenting the compliance with these requirements for a period of 3 years after each period of short-term rental, including, but not limited to, records showing payment of transient occupancy taxes by a hosting platform on behalf of a host. Upon request and reasonable notice, the host shall provide any such documentation to City for the purpose of inspection or audit to the City Administrator or his/her designee.
K.
Violations.
1.
Notice of Violation. The City may issue a notice of violation to any occupant, owner(s) or operator, pursuant to this chapter or this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties.
2.
Administrative Citation. The City may issue an administrative citation to the property owner(s) pursuant to Chapter 1.11 of this code if there is any violation of this chapter or this code committed, caused, or maintained. Nothing in this section shall preclude the City from also issuing an infraction or misdemeanor citation upon the occurrence of the same offense on the same day to any occupant, owner(s) or the operator. Unless otherwise provided herein, any person issued an administrative citation shall for each separate violation be subject to an administrative fine in an amount not to exceed $1,000.00.
3.
Criminal Citation. The City may issue an infraction or misdemeanor citation to any occupant, owner(s) or operator, pursuant to the provisions set forth in Section 1.08.020 (Infractions) or Section 1.08.030 (Misdemeanors) for municipal code violations.
L.
Revocation of Registration.
1.
A short-term rental registration issued under the provisions of this chapter may be revoked by the Planning Director after notice and hearing as provided for in this section, for any of the following reasons:
a.
Fraud, misrepresentation, or false statements contained in the application;
b.
Fraud, misrepresentation, or false statements made in the course of carrying on a short-term rental as regulated by this chapter;
c.
Any violation of any provision of this chapter or of any provision of this code; or
d.
Any violation of any provision of Federal, State or local laws.
2.
Revocation Hearing. Before revoking a short-term rental registration, the Planning Director or designee shall give the responsible host notice in writing of the proposed revocation and of the grounds thereunder, and also, the time and place at which the host will be given a reasonable opportunity to show cause why the registration should not be revoked. The notice may be served personally upon the host or may be mailed to the host at the last known address or at any address shown upon the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing the Planning Director or designee may, for the grounds set forth herein, revoke the registration.
3.
Appeal from Denial or Revocation of Registration. Any host whose application has been denied or registration has been revoked by the Director or designee shall have the right to an administrative appeal before the City Council. An appeal shall be filed in writing on a form provided by the City stating the grounds therefor within 10 days of the decision. The City Council shall hold a hearing thereon within a reasonable time and the decision shall be final.
4.
Waiting Period. Any host whose registration has been denied or revoked shall be ineligible from applying for a new registration for a 24-month period.
M.
Amnesty Period for Short-Term Rentals. Notwithstanding any other provision of law, short-term rentals operating on or before the enactment of this chapter shall be considered existing, unpermitted uses. An amnesty period of 3 months after the effective date of the ordinance from which this chapter is derived is being offered to allow these existing, unpermitted uses to be legalized by conforming to the requirements of this chapter, including, but not limited to, compliance with operating standards and requirements, registration, and recordkeeping obligations, and obtaining of an administrative use permit for any unhosted shortterm rentals. Transient occupancy tax payments are required for short-term rentals and must be collected and paid during the amnesty period. Applications to bring an existing, unpermitted short-term rental use into compliance shall be approved by the City on or before 3 months after the effective date of the ordinance from which this chapter is derived, or the short-term rental use must cease until the City has approved the application. Existing short-term rental uses that do not conform to the requirements of this chapter shall cease operation within 3 months of the effective date of the ordinance from which this chapter is derived and shall be prohibited from resuming unless and until the use conforms to the requirements of this chapter.
(Ord. 2022-497 §1)