Monterey Park City Zoning Code
CHAPTER 21
09 SHORT-TERM RENTALS
§ 21.09.010 Purpose.
This chapter is adopted in accordance with California Constitution Article XI, Section 7 and Civil Procedure Code Section 731, including any successor statutes, for the purpose of regulating short-term rentals and identifying public nuisances. Adopting this chapter is a municipal affair and will protect public health, safety, and welfare by ensuring that the characteristics of rental neighborhoods are preserved; reducing the secondary effects that may result from permissible short-term rentals; proactively combating public nuisances; and imposing criminal and civil penalties upon persons violating this chapter.
(Ord. 2200 § 2, 2020)
§ 21.09.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.
means, unless otherwise designated by the City Manager, the City Planner.
means a written plan designed to mitigate the secondary effects of allowing short-term rentals within residential neighborhoods as described in this chapter.
means the person or persons holding fee title or leasing a dwelling unit operated and used as a short-term rental, or the agents of any such persons.
has the same meaning as set forth in Section 4.20.030 of this code.
means a dwelling unit other than a unit located in a hotel or motel that is rented to a person or persons for a period shorter than thirty consecutive days.
(Ord. 2200 § 2, 2020)
§ 21.09.030 Prohibitions.
The following constitute a violation of this chapter and are unlawful:
(A)
For any person to own, operate, or maintain a short-term rental without a valid permit issued pursuant to this chapter.
(B)
For any person to rent, offer to rent, or advertise for rent a short-term rental to another person without a valid permit issued pursuant to this chapter.
(C)
For any person to offer to rent or advertise for rent a short-term rental without including in the offer or advertisement the permit number applicable to the property substantially in the form of "Monterey Park Permit No. __________." The permit number must be printed in the same size type as the largest type used in the main body of the offer or advertisement.
(D)
Failure of an owner to respond to a nuisance complaint arising out of the occupancy and use of the short-term rental by a tenant, or the tenant's visitors or guests in the manner and within the time required by a nuisance response plan.
(E)
Failure of an owner to keep a nuisance response plan on file with the Director containing the name of the current responsible person for responding to a nuisance complaint.
(F)
Failure of an owner to keep a valid surety bond on file with the Director during the effective term of the permit.
(G)
Failure of any person to comply with or cause compliance with any performance standard listed in this chapter.
(Ord. 2200 § 2, 2020)
§ 21.09.040 Administration by Director.
The Director will receive applications; issue and revoke permits; interpret; and otherwise implement this chapter. The Director may promulgate administrative policies and procedures to implement this chapter.
(Ord. 2200 § 2, 2020)
§ 21.09.050 Notices.
(A)
Where this chapter require that an applicant/permittee be provided notice, such notice will be served when personally delivered to such applicant/permittee; when electronically mailed to the last known email address; or when deposited in the first class U.S. Mail, addressed to such applicant/permittee at the applicant/permittee's last known address.
(B)
Unless otherwise provided, written notification to a permittee/applicant of a permit decision will state with particularity the basis for such decision.
(C)
Where this chapter requires that notice be provided to surrounding properties, such notice must be in writing and be provided in person; by mail; or other physical means approved by the Director, e.g., by door hangers. Electronic mail is not acceptable.
(D)
Failure to receive actual notice does not invalidate actions taken pursuant to this chapter including, without limitation, the validity of a permit.
(Ord. 2200 § 2, 2020)
§ 21.09.060 Fees.
Except as otherwise provided by applicable law, all fees applicable to this chapter will be established by City Council resolution.
(Ord. 2200 § 2, 2020)
§ 21.09.070 Permit Application-Form and Content.
(A)
Permit applications will be filed by a natural person and be accompanied by an application fee.
(B)
Permit applications will be in a form prescribed by the Director and will contain the following information:
(1)
The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
(2)
A nuisance response plan containing the information required by this chapter;
(3)
A transient occupancy registration certificate issued by the Management Resources Director pursuant to this code;
(4)
Proof of homeowner's or renter's insurance for the short-term rental;
(5)
A surety bond in the amount of $1,500 in a form required by this chapter or, in unusual circumstances, as approved by the City Attorney;
(6)
A written declaration affirming that, at least 30 days before filing an application, occupants of all residences and businesses located within 200 feet from the proposed short-term rental were notified of the proposed permit and were informed in writing in a form acceptable to the City of the proposed use and the contact information with the City.
(7)
In addition to the information required by this section, applications for all permits will include such supplemental information which the Director may find reasonably necessary.
(Ord. 2200 § 2, 2020)
§ 21.09.080 Action on Permit Application-Permit Issuance.
(B)
Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the Director to protect public, safety or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian or vehicle traffic and for protecting public or private property.
(C)
A permit is not valid until the Director receives the applicant's written acceptance in accordance with this chapter.
(Ord. 2200 § 2, 2020)
§ 21.09.090 Action on Permit Application-Permit Denial.
A permit may be denied for the following reasons:
(A)
The application is incomplete;
(B)
The applicant failed to provide reasonable supplemental application information requested by the Director;
(C)
Information submitted by the applicant is materially false;
(D)
A permit may be denied if a short-term rental permit issued to the applicant or for the property was suspended or revoked in the previous 24 months.
(Ord. 2200 § 2, 2020)
§ 21.09.100 General Permit Conditions.
(A)
A permit does not create a property interest and is personal to the permittee.
(B)
Permittees must execute a hold harmless agreement in a form approved by the City Attorney which will, in part, indemnify City, its officers, employees, and agents, from any liability arising from permittee's event in a form approved by the City Attorney's office. Such agreement must be filed with the Director before a permit is issued.
(C)
Permittee must provide evidence to the Director that the short-term rental is insured with valid home-owners or renter's insurance.
(D)
Every permit must specify the maximum number of overnight occupants allowed at the short-term rental and the maximum number of vehicles associated with the overnight occupancy of the short-term rental which can be parked at the property. Notice of the permit approval must be provided to everyone who files a written request for such notice.
(E)
Every permit will incorporate the approved nuisance response plan.
(F)
Every permit will incorporate the performance standards.
(G)
The validity of every permit is contingent upon the effectiveness of the surety bond required by this chapter.
(Ord. 2200 § 2, 2020)
§ 21.09.110 Nuisance Response Plans.
(A)
Each nuisance response plan must be in a form required by the Director and, at a minimum, contain the following information:
(1)
The mailing address and telephone number of the owner of the residential dwelling unit or units to be used as a short-term rental pursuant to the permit.
(2)
The name, address and telephone number of the responsible person who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the short-term rental(s) by tenants, their visitors and/or their guests. For the purposes of this chapter, a return telephone call to a complainant within 30 minutes of the initial complaint is "prompt."
(3)
The manner of responding to or causing a response to a nuisance complaint including, without limitation, how the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.
(4)
The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this chapter, "timely corrective action" includes, at least, a telephone call to the primary adult occupant of the short-term rental within 30 minutes of the initial nuisance complaint.
(5)
The proposed maximum number of overnight occupants, with supporting documentation identifying unusual size, interior layout, parking or other physical characteristics, if any, that support a request for occupancy greater than two persons per bedroom.
(6)
The number of off-street parking spaces and number of bedrooms available at the short-term rental.
(B)
At any time, the owner may change the content of the nuisance response plan approved as part of the permit by filing an amended nuisance response plan with the Director. Such amended nuisance response plan must contain the information and be in the form required by this chapter and be accompanied by an amended response plan fee.
(C)
Promptly after a permit is issued, or an amended nuisance response plan is approved, the Director will require the permittee to provide proof that the nuisance response plan was mailed by first class mail addressed to the owner or occupant of every property, any part of which is located within a 200 foot radius of the property that is to be used and occupied as a short-term rental, pursuant to such permit.
(Ord. 2200 § 2, 2020)
§ 21.09.120 Performance Standards.
Each owner, and each tenant or occupant of a short-term rental, must comply with or cause compliance with these performance standards:
(A)
The owner must ensure that the short-term rental complies with all applicable codes regarding fire, building and safety, and all other applicable laws.
(B)
The owner must require the primary overnight and daytime occupant of the short-term rental to be an adult 18 years of age or older. This adult must provide a telephone number to the owner and be accessible to the owner by telephone at all times.
(C)
Before occupancy, the owner must obtain the name, address, and a copy of the government issued identification of the primary adult occupant of the short-term rental. The owner must require that adult to sign a formal acknowledgement that he or she is legally responsible for compliance of all occupants of the short-term rental or their guests with all provisions of this chapter. This information must be provided by the responsible person identified in the nuisance response plan upon request of any police officer or employee of the City authorized to enforce this code or applicable law.
(D)
The owner must limit overnight occupancy of the short-term rental to a specific number of occupants, with the maximum number of overnight occupants being two persons within each short-term rental plus a number that does not exceed two persons per bedroom within each short-term rental.
(E)
The owner must limit the number of vehicles associated with the overnight occupancy of the short-term rental to a specific number of vehicles, with the maximum number of vehicles being the number of offstreet parking spaces available at the property.
(F)
Trash and refuse cannot be left stored within public view, except in proper containers for the purpose of collection on scheduled trash collection days. The owner of the short-term rental must provide sufficient trash collection containers and service to meet the demand of the occupants.
(G)
Each lease or rental agreement for a short-term rental must include the following terms, notifications and disclosures, which terms will also be posted in a conspicuous location inside the unit:
(1)
The maximum number of overnight occupants and day use visitors that are permitted.
(2)
The maximum number of vehicles that overnight occupants may park at the short-term rental.
(3)
Notification that on-street parking is extremely limited in some areas of the City.
(4)
The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property.
(5)
Notification that the occupant may be cited or fined by the City and/or immediately evicted by the owner pursuant to applicable law, in addition to any other remedies available at law, for violating any other provisions of this code.
(6)
Notification that failure to conform to the occupancy requirements of the short-term rental is unlawful.
(7)
Notification that amplified sound, including radios, televisions and other electronic devices are subject to the noise regulations in this code.
(8)
A prohibition on illegal loud parties, along with notification of the City's right to recover the costs of special enforcement needed to address certain loud parties.
(9)
The name of the managing agency, agent, rental manager, local contact person, or owner of the unit, and a telephone number at which that party may be reached at all times.
(10)
A copy of the "Good Neighbor Guidelines" which may from time to time be prepared by the Director. These guidelines may include location-specific information, such as neighborhood quiet hours, local speed limits and the prohibition of fireworks.
(11)
Notification that the property is part of the City of Monterey Park's Short-Term Rental Program.
(12)
A copy of this chapter as it may be amended from time to time.
(13)
Upon receiving a nuisance complaint or upon notification of an allegation that any occupant and/or guest of the short-term rental created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of this code or any applicable law, the owner must promptly respond and take timely corrective action to prevent a recurrence of such conduct by those occupants or guests. Failure of the owner to respond promptly and/or to take timely corrective action regarding the condition, operation, or conduct of occupants of the short-term rental is a violation of this chapter. An owner is not required or authorized to act as a peace officer or to intervene in situations that pose a risk to personal safety. The owner, or his or her agent, must maintain records of the name, violation, date, and time of each complaint, disturbance, response and corrective action.
(14)
The owner must cause a copy of the nuisance response plan to be posted in a conspicuous place within the property.
(15)
The owner must annually provide to Director written confirmation of compliance with all elements of the performance standards and the approved nuisance response plan and confirming that the nuisance response plan is current and accurate.
(16)
The performance standards may be modified by the Director upon request of the owner based upon site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental occupant as may be required by applicable disability laws. All requests must be in writing and identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed.
(Ord. 2200 § 2, 2020)
§ 21.09.130 Surety Bonds.
(A)
Each surety bond accompanying an application for a permit required by this chapter must be issued by a surety licensed to do business in the State of California that has an A.M. Best Financial Strength Rating of at least "A-"; must name the City as the bond oblige; and be conditioned on the payment of any administrative fine assessed in the manner provided for by this code if:
(1)
The administrative fine was assessed either against the permittee or against any tenant or other person occupying or using the short-term rental operated pursuant to such permit; and
(2)
Arose out of a violation of this chapter, or the occupancy or use of such short-term rental in a manner that violated any provision of this code.
(B)
At any time after a permit is issued, the permittee may file a substitute surety bond with the Director issued by a surety that meets the requirements of this section. Upon determining that such substitute bond conforms to such requirements, the Director will return the bond being replaced by the substitute surety bond to the permittee.
(C)
Where the owner of property used and occupied as a short-term rental pursuant to a permit approved and issued in the manner provided for by this chapter determines to cease such use, the property owner must promptly cause a notice of such determination to be filed with the Director. Within 30 days following confirmation that there are no pending enforcement actions arising from violations of this chapter, the Director will return the surety bond provided to the City to the permittee.
(Ord. 2200 § 2, 2020)
§ 21.09.140 Subsequent Conditions.
(A)
The Director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.
(B)
Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the Director as provided in this chapter.
(Ord. 2200 § 2, 2020)
§ 21.09.150 Administrative Review.
(A)
Except as otherwise provided, an applicant may request administrative review of the Director's decision pursuant to this chapter.
(B)
Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the Director's decision is served on the applicant/permittee.
(C)
If request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.
(D)
A request for administrative review will be on a form provided by the Director and contain the following information:
(1)
The name, address and telephone number of the person making the request;
(2)
A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;
(3)
A brief description of all grounds for making the request; and
(4)
Such other information as may be required by the Director.
(E)
Upon request for administrative review being filed, the Director will provide a copy of the notice to the City Manager within two business days.
(F)
Upon receiving a request for review from the Director, the City Manager will review the request and, within 10 business days of receiving the request notice, provide the appellant with a written notification that:
(G)
The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.
(H)
The City Manager's decision is final. There is no right to appeal to the City Council.
(Ord. 2200 § 2, 2020)
§ 21.09.160 Permit Revocation.
(A)
The Director will revoke a permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.
(B)
The Director may revoke a permit when the permittee or event violates the permit's terms and conditions, or when tenants of a short-term rental violate applicable laws or regulations.
(C)
A permittee is entitled to appeal the Director's decision in accordance with the time limits set forth for administrative reviews in this chapter.
(D)
Any notification of action, whether oral or written, will describe with particularity the facts and the reasons for the decision.
(E)
The City Manager's decision is a final determination. There is no right of City Council appeal.
(Ord. 2200 § 2, 2020)
§ 21.09.170 Emergency Suspension.
The Director and any sworn public safety officer may temporarily suspend a permit whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and tenants of a short-term rental will immediately comply with the suspending officer's instructions. The Director will immediately attempt to notify the applicant orally and will notify the applicant and the City Manager in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension.
(Ord. 2200 § 2, 2020)