Hawthorne City Zoning Code
CHAPTER 17
74 SHORT-TERM RENTAL PERMITS
§ 17.74.010 Definitions.
For purposes of this chapter and as elsewhere noted in this title, the following definitions shall apply:
means an accessory use of a primary residence, while the host lives on-site, or a secondary residence owned by a person(s) whose primary residence is in the city of Hawthorne, for the purposes of providing temporary lodging, for compensation, for periods of thirty consecutive days or less.
means a person who is the owner of record of a residential dwelling, or portion thereof, or any person who is a lessee of a residential dwelling, or portion thereof, by written agreement for lease of said residential dwelling, who offers a dwelling unit, or portion thereof, for short-term rental either through a hosting platform or individually.
means a home-sharing activity whereby the host remains on-site throughout the guest's stay (except during daytime and/or work hours).
means a marketplace in whatever form or format which facilitates the short-term rental activity, through advertising, match-making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
means the person(s) or entity(ies) that hold(s) legal or equitable title to the residential dwelling being used for short-term rental.
means a host's primary residence or usual place of return for housing, documented as required by this chapter. A person may have only one primary residence and must reside there for a minimum of nine months per year.
means a dwelling not occupied by the owner as a "primary residence" but owned by person(s) whose primary residence is in the city of Hawthorne. No more than ten permits for a "secondary residence" will be issued by the city per year, on a first-come, first-served basis. No more than one permit shall be issued per property owner.
is a dwelling unit, or any portion thereof, offered for rent or rents for dwelling, lodging or sleeping, for no more than thirty consecutive days in the city, including single-family or multifamily housing, as limited by this chapter.
means a home-sharing activity whereby the host remains off-site during the guest's stay.
means a dwelling unit that is not a primary residence of the owner and which is available for temporary lodging, for compensation. The term "vacation rental" shall not include: single-room occupancy buildings; hotels; a dwelling unit for which a tenant has a month-to-month rental agreement and the rental payments are paid on a monthly basis; or corporate housing. A secondary residence, as that term is defined in this section, shall not be considered a "vacation rental."
(Ord. 2198 § 12, 2020; Ord. 2206 §§ 2, 3, 2020)
§ 17.74.020 Permit required.
A.
An owner shall obtain a short-term rental permit from the city before renting a dwelling unit as a short-term rental or advertising the availability of a short-term rental. The application for a short-term rental permit shall be submitted to the department of planning and community development and include, but not be limited to, the following information, on a form provided by the department:
1.
Name, address, email and telephone number of the applicant for the short-term permit rental, including twenty-four hour local emergency contact information of the applicant.
2.
If the applicant is not the owner, the name, address, email and telephone number of the owner, including twenty-four hour local emergency contact information of the owner as well as written informed consent from the property owner authorizing the applicant to apply for a short-term rental permit and acknowledging responsibility and compliance with the provisions of this chapter by the owner.
3.
The address of the proposed short-term rental and a plot plan drawn to scale showing all site improvements, the type of dwelling unit, the location of, and access to, the bedrooms and bathrooms and identifying living areas and type of accommodations for guest sleeping and the required parking.
4.
Evidence and maintenance of general liability insurance of at least one million dollars during the term of the short-term rental that covers the applicant's short-term rental operations.
5.
Contact information of any hosting platform(s) which may share or profit from advertisement or operation of the short-term rental.
6.
A notarized affidavit attesting that the short-term rental meets or exceeds fire and building safety requirements, including, but not limited to, installation of smoke and carbon monoxide detectors, and adequate means of egress, and that the unit complies with all requirements of the Hawthorne Municipal Code.
7.
If the short-term rental unit will be located in a development with a Homeowner's Association (HOA), the applicant must attest that short-term rentals are not prohibited by a rental agreement or Covenant, Conditions, & Restrictions (CC&Rs) applicable to the property and provide written approval from an authorized representative of the HOA, on official letterhead. If no HOA is constituted, the applicant shall provide notice to all property owners within the planned unit development and receive their written acknowledgement that they have been notified of the pending application.
8.
If the short-term rental will be in a primary residence (i.e., not a vacation rental), proof of residency is required. Acceptable proof of primary residency shall include evidence of the homestead tax exemption for the property and two of the following: motor vehicle registration, voter registration, income tax documents showing the residential unit as the host's primary residence, bank account statement, or a utility or credit card bill. If an application is for a secondary residence, the applicant shall only need to provide proof of primary residence in the city of Hawthorne. In addition, an affidavit signed by the owner attesting that the short-term rental unit is his or her primary residence or secondary residence (with primary residence in the city of Hawthorne) is required.
B.
The application for a short-term rental permit or renewal shall be accompanied by a non-refundable application fee established by resolution of the city council. The application fee shall not exceed the city's reasonable cost of administering the provisions of this chapter. A short-term rental permit expires December 31st of each year, unless revoked.
C.
Permits must be renewed annually by payment of the renewal fee, by showing substantial compliance with the provisions of this chapter, including payment of business license taxes and regular collection and remittance of transient occupancy tax (TOT) and attest that there have been no changes to the short-term rental application.
D.
If at any time during the calendar year changes are made with respect to any information provided on the short-term rental application, including, but not limited to, contact information and information regarding hosting platforms, applicant must submit a new application and pay a new short-term rental permit fee.
E.
The short-term rental permit shall not be assignable. Following a change in ownership, a new short-term rental permit shall be required before the new owner rents or advertises the unit as a short-term rental. Short-term rental permits do not run with the land.
F.
Within thirty days after a complete submittal, the department of planning and community development shall review the application to determine if the proposed short-term rental meets the requirements of this chapter. If it is determined that the requirements have been met, the department shall issue the permit and instruct the applicant to immediately obtain a business license from the finance department and shall register the short-term rental unit with the tax administrator and obtain from him or her a transient occupancy tax registration certificate. Both must be obtained within thirty days of approval or the approval shall become null and void.
G.
Appeal of denials can be made to the city manager. Applicant must request an appeal within ten calendar days of receiving notice of a determination, stating the basis for appeal. Appeals will be heard no later than sixty days from end of the appeal period.
H.
Units proposed as short-term rentals subject to an active compliance order or that have received more than three administration citations from the city within the previous twelve months, or have any unpaid fees, fines or penalties as a result of any violation of the Hawthorne Municipal Code, will be ineligible for a short-term rental permit.
(Ord. 2198 § 12, 2020; Ord. 2206 § 4, 2020)
§ 17.74.030 Eligible units.
Short-term rentals shall be permitted in: (1) single-family residences; (2) duplexes; (3) triplexes; and (4) planned unit developments and multifamily residential dwellings with no more than four dwelling units. Short-term rentals will not be permitted in Section 8 housing nor in accessory dwelling units and related structures.
(Ord. 2198 § 12, 2020)
§ 17.74.040 Maximum units.
A.
The maximum number of dwelling units that may be utilized as short-term rentals on any property with multiple dwellings that are eligible for such use shall be limited as follows:
1.
Only one unit in a duplex may be utilized as a short-term rental.
2.
Only two units in a triplex or planned unit development and multifamily residential dwelling of three units may be utilized as a short-term rental.
3.
Only two units in a planned unit development and multifamily residential dwelling of four units may be utilized as a short-term rental.
B.
Short-term rental use for a property with multiple dwellings must designate the short-term rental units yearly and cannot alternate between or among those dwellings.
(Ord. 2198 § 12, 2020)
§ 17.74.050 Vacation rentals.
Vacation rentals, as defined in this chapter, are permitted for no more than a total of ninety days during the calendar year but are not permitted in any industrial or commercial zones of the city.
(Ord. 2198 § 12, 2020)
§ 17.74.060 Operational requirements.
Short-term rentals are subject to the following requirements:
A.
The dwelling in which the short-term rental unit is located must comply with all requirements contained in federal, state and local laws related to habitability, safety and zoning, including the requirements of Title 17 of the Hawthorne Municipal Code.
C.
Permittees must procure a transient occupancy tax registration certificate and both collect and remit, pursuant to Chapter 3.40, all transient occupancy taxes due.
D.
Each short-term rental must provide at least one parking space for the host and one parking space for the guest, on-premises/off-street. The driveway of the dwelling shall be utilized and required for compliance with this subsection, unless the driveway is a shared driveway for ingress/egress.
E.
Permittees must make the short-term rental available for inspection at all reasonable times by the city with twenty-four hour advanced notice.
F.
Permittees shall maintain a guest log book that includes name, phone number, guest license plate number(s) if traveling by car, and date of stay of all adult guests. The information in the log book shall be furnished to the city upon request.
G.
Use of the short-term rental must be in compliance with noise restrictions contained in Chapter 9.34 of the city of Hawthorne Municipal Code and maintain quiet hours between the hours of 10:00 p.m. and 7:00 a.m. daily. No amplified sound is permitted.
H.
Twenty-four hour contact information contained in the application will be shared with the Hawthorne police department. Either the applicant or owner must be personally available by telephone on a twenty-four-hour basis to respond to calls regarding the conditions and/or operation of the short-term rental. The designated person(s) must respond to an initial call within two hours and must commence action within twenty-four hours of the initial call to address any violation of this chapter. Failure to respond to calls or commence such actions in a timely and appropriate manner may result in an administrative fine.
I.
The dwelling in which the short-term rental is located must be maintained in a clean and sanitary condition. Trash and refuse shall not be left outdoors and shall not be left stored within public view, except in containers for the purpose of collection by the trash collector, in accordance with requirements of the city of Hawthorne Municipal Code.
(Ord. 2198 § 12, 2020)
§ 17.74.070 Hosting platform responsibilities.
A.
Subject to applicable laws, the owner/operator of any hosting platform shall disclose to the city, upon request, each short-term rental listing located in the city, the names of persons responsible for each listing, the address of each listing, and the length of stays for each listing and the price paid for each stay.
B.
The provisions of this chapter shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).
(Ord. 2198 § 12, 2020)
§ 17.74.080 Prohibitions.
A.
Only one short-term rental period, reservation, stay or booking by guests shall be allowed per residence per night, regardless of the number of bedrooms available for occupancy.
B.
Short-term rentals shall not be used by more than two guests per bedroom plus two additional guests at one time.
C.
No person shall offer or engage in short-term rental in any part of a dwelling not approved for residential use, including, but not limited to, a vehicle parked on the property, a storage shed, trailer, garage, or any temporary structure such as a tent.
D.
No signage shall be displayed on-site on the exterior of a dwelling used for short-term rental advertising the presence of a short-term rental.
E.
Weddings, corporate events, commercial functions or any other similar events which have the potential to cause significant traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental unit as a component of short-term rental activities.
(Ord. 2198 § 12, 2020)
§ 17.74.090 Enforcement.
A.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars, imprisonment for a term not to exceed six months, or both. The city attorney may prosecute or authorize or direct the prosecution of this chapter as an infraction pursuant to Section 1.20.030.
B.
Any person who violates the provisions of this chapter may be issued an administrative citation by an enforcement officer pursuant to Chapter 1.23B.
C.
Any property maintained in violation of this chapter is hereby declared a public nuisance that may be abated in accordance with Chapter 8.20.
D.
The remedies provided for in this section shall be not considered exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.
(Ord. 2198 § 12, 2020)
§ 17.74.100 Revocation.
A.
In addition to any other remedy for violations of this chapter, the city manager or the city manager's designee may revoke a short-term rental permit, after notice and hearing, for:
1.
Fraud, misrepresentations, or false statements contained in the application;
2.
Fraud, misrepresentation, or false statements made in the course of carrying on a short-term rental as regulated by this chapter;
3.
Any violation of the provisions of this chapter or this code; or
4.
Any violation of any provision of federal, state or local laws.
B.
Notice shall be provided, in writing, by personal delivery or certified first class mail, specifying the date and time of the hearing, and the basis for revocation no less than fifteen days before the hearing. At the hearing, the permittee shall have the opportunity to show cause why the permit should not be revoked.
C.
Appeal of revocations may be made to the city council. The applicant must request an appeal within ten calendar days of receiving notice of denial, stating the basis for appeal. Appeals will be heard no later than sixty days from end of the appeal period.
D.
No short-term rental may be applied for or permitted on a property for a minimum of one year after revocation of a permit.
(Ord. 2198 § 12, 2020)