The purposes of the residential district use restrictions are to:

A.

Provide appropriately located areas for residential development that are consistent with Orinda's predominant semi-rural character as defined in the general plan and, for those lands within its boundaries, with the North Orinda Specific Plan, and with standards of public health and safety established by the Municipal Code;

B.

Ensure preservation of adequate light, air, privacy, views, parking and open space for each dwelling unit, and protect residents from the harmful effects of excessive noise, overcrowding, traffic congestion and other adverse environmental effects which may diminish the desired character of residential neighborhoods;

C.

Accommodate second dwelling units, home occupations and other ancillary uses on lots zoned for single-family residential use, subject to appropriate standards;

D.

In addition to the primary residential uses of the zone, provide for additional land uses which complement the character of residential development.

(Ord. 99-5 § 2 Exh. A (part))

There are nine residential districts in the City of Orinda, as follows.

A.

RVL-E (Residential Very Low Density—Estates). The RVL-E district encompasses parcels with a minimum net lot size of ten acres.

B.

RVL (Residential Very Low Density). The RVL district encompasses parcels with a minimum net lot size of five acres.

C.

RL-40 (Residential Low Density—Forty Thousand square feet). The RL-40 district encompasses parcels with a minimum net lot size of forty thousand (40,000) square feet.

D.

RL-20 (Residential Low Density—Twenty Thousand square feet). The RL-20 district encompasses parcels with a minimum net lot size of twenty thousand (20,000) square feet.

E.

RL-15 (Residential Low Density—Fifteen thousand square feet). The RL-15 district encompasses parcels with a prescribed net lot size of fifteen thousand (15,000) square feet.

F.

RL-12 (Residential Low Density—Twelve thousand square feet). The RL-12 district encompasses parcels with a prescribed net lot size of twelve thousand (12,000) square feet.

G.

RL-10 (Residential Low Density—Ten thousand square feet). The RL-10 district encompasses parcels with a prescribed net lot size of ten thousand (10,000) square feet.

H.

RL-6 (Residential Low Density—Six thousand square feet). The RL-6 district encompasses parcels with a prescribed net lot size of six thousand (6,000) square feet.

I.

RM (Residential Medium Density). The RM district permits a density of no greater than ten units per acre.

(Ord. 99-5 § 2 Exh. A (part))

A.

Permitted Uses. A use in the RVL, RL, or RM district is permitted with or without a permit as provided in Schedule 17.3.3, entitled "RVL, RL and RM Districts—Land Use Regulations." A use classification followed by the letter "P" is a use that is permitted by right and does not require a use permit. A use classification followed by the letter "L" is a permitted use that is subject to certain limitations prescribed under the "Additional Use Regulations" which follow within this chapter. A use classification followed by the letter "U" is a use authorized in a residential district on approval of a use permit. A use classification followed by the letter "T" is a use permitted on approval of a temporary event permit. Definitions of use appear in Chapter 17.2 of this title.

B.

Zoning Administrator Determination. Where a proposed use is not specifically listed on Schedule 17.3.3, entitled "RVL, RL and RM Districts—Land Use Regulations," the Zoning Administrator shall make a determination of use classification based upon consideration of activity characteristics of the proposed use.

C.

Use Permit for Certain Ancillary Uses. Certain ancillary uses in the RL and RVL districts may require a use permit under Chapter 17.31.

Schedule 17.3.3

(1)

May only be considered if property has frontage on an arterial or collector street.

(2)

Must demonstrate compliance with state law and license to operate facility.

(3)

Employee and farmworker housing that serves 6 (six) or fewer persons.

(Ord. 03-03 § 3 Exh. 1; Ord. 99-5 § 2 Exh. A (part); Ord. No. 16-03, § 2(Att. A), 4-12-16; Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 17-05, § 2(Att. A), 9-5-17; Ord. No. 25-02, § 2(Att. A), 5-20-25)

A.

Purpose. The purpose of this section is to comply with state law regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) [California Government Code Sections 66314 and 66333]. To the extent anything in these regulations is inconsistent with state law, including as it may be amended, state law will govern and these regulations will be interpreted and applied as required by state law.

B.

Streamlined ADUs. Pursuant to California Government Code Section 66323 the City shall approve ADUs and JADUs in a streamlined manner as required by state law. For example, the City shall approve the following streamlined ADUs if the specified development standards and use restrictions are met:

1.

State Exempt ADUs and JADUs.

a.

The unit is located within a residential or mixed use zone.

b.

The unit complies with applicable building codes, fire codes, and health and safety regulations; however, the unit is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling.

c.

The unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty (30) or more consecutive days, but it shall not be rented for overnight lodging for shorter terms, notwithstanding anything to the contrary in the City's short-term rental regulations (see section 17.3.12). Neither the primary dwelling nor the ADU or JADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 66341.

d.

If the unit is connected to an onsite water system, a percolation test has been completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years.

2.

Within Existing Space (Single-Family)—ADUs and JADUs.

a.

The lot on which the ADU or JADU is located contains an existing or proposed single-family dwelling.

b.

One (1) ADU and one (1) JADU are permitted per lot with a proposed or existing single-family dwelling if all of the following apply:

i.

The ADU or JADU has exterior access independent from the existing residence.

ii.

The existing single-family dwelling or accessory structure has side and rear setbacks sufficient for fire and safety, as determined by the Moraga-Orinda Fire Protection District (MOFD). If the existing residence or structure complies with the City's setback requirements as described in Chapter 17.4, it shall automatically meet this standard.

c.

If an ADU or JADU is proposed, it is within the proposed space of a single-family dwelling, the existing space of a single-family dwelling or accessory structure, or requires an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress.

d.

If a JADU is proposed, it shall also comply with the requirements of California Government Code Section 66333.

3.

Detached, New Construction (Single-Family)—ADUs.

a.

The lot on which the ADU is located contains an existing or proposed single-family dwelling.

b.

The lot on which the ADU is located does not contain another ADU, but may contain a JADU permitted pursuant to Subsection (B)(2).

c.

The ADU is detached from the single-family dwelling.

d.

The ADU is new construction.

e.

The ADU is located at least four (4) feet from the side and rear lot lines, is no greater than eight hundred (800) adjusted square feet in floor area, and has a height in compliance with OMC section 17.3.4.(C)(4)(c).

4.

Within Existing Space (Multifamily)—ADUs.

a.

The lot on which the ADU is located contains an existing multifamily dwelling.

b.

The ADU is located within a portion of the multifamily dwelling structure that is not used as livable space.

c.

The total number of ADUs within the dwelling structure does not exceed twenty-five (25) percent of the existing number of primary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted at least one (1) ADU pursuant to this Subsection if the other standards are met.

5.

Detached, New Construction (Multifamily)—ADUs.

a.

The lot on which the ADU is located contains an existing or proposed multifamily dwelling.

b.

The ADU is detached from the multifamily dwelling.

c.

The ADU is located at least four (4) feet from the side and rear lot lines and has a height in compliance with OMC section 17.3.4.(C)(4)(c).

d.

Number of ADUs.

i.

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

ii.

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

C.

All Other ADUs. Any ADU that does not meet the standards for streamlined ADUs in Subsection B shall meet the following development standards and use restrictions:

1.

The ADU is located within a residential or mixed use zone.

2.

The lot on which the ADU is located contains an existing or proposed primary dwelling.

3.

The lot on which the ADU is located does not contain another ADU or JADU.

4.

The ADU meets all other applicable requirements of this code that do not involve discretionary review including, but not limited to, building height, setback, water channel setback, tree removal, ridgeline and environmental preservation overlay, payment of applicable fees, and building and fire code requirements; however:

a.

Passageways. To the extent required by California Government Code Section 66314, no passageway is required in conjunction with the construction of an ADU.

b.

Setbacks.

i.

No setback is required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced.

ii.

For all other ADUs, the required setback from side and rear lot lines shall be no more than four (4) feet.

c.

Building Heights.

i.

Attached ADUs. The height limits applicable to the primary dwelling apply.

ii.

Detached ADUs.

A.

Detached ADUs located wholly or partially above a private garage shall be limited to sixteen (16) feet in height in the area between the setbacks applicable to the primary dwelling and the setbacks applicable to the ADU and otherwise limited by the height limits applicable to the primary dwelling.

B.

Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit shall be limited to sixteen (16) feet in height.

C.

Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall be limited to eighteen (18) feet in height. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

D.

Detached ADUs on a lot with an existing or proposed multifamily, multistory dwelling shall be limited to eighteen (18) feet in height.

d.

Fire Sprinklers. The ADU is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling.

e.

Parking. For ADUs with 1 or more bedrooms:

i.

One (1) all-weather surface, off-street parking space measuring at least nine (9) feet by nineteen (19) feet shall be provided for the ADU.

ii.

The required parking space may be located as a tandem space in an existing driveway or in the required setbacks. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

iii.

The above parking requirements shall not apply:

A.

To an ADU that is located within one-half (0.5) mile walking distance of public transit, defined as an existing BART or public bus stop;

B.

To an ADU that is located within an architecturally and historically significant historic district;

C.

To an ADU that is part of a proposed or existing primary dwelling unit or accessory structure;

D.

When on-street parking permits are required but not offered to the occupant of the ADU; or

E.

To an ADU that is located within one (1) block of the designated pick-up or drop-off location of a car-share vehicle, where such vehicle is owned by a car-sharing company;

F.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code section 66322, subdivisions (a)(1)—(5).

f.

Skirt walls. Any skirt wall developed in conjunction with an ADU shall be less than six (6) feet in height.

5.

The ADU may be rented, but it shall not be sold or otherwise conveyed separate from the primary dwelling except pursuant to California Government Code Sections 66340 through 66342.

6.

Maximum size. The floor area limits in Section 17.6.2 of the Orinda Municipal Code shall not apply. An ADU shall meet all of the following requirements:

a.

Pursuant to California Government Code Section 66321, the floor area shall not exceed eight hundred and fifty (850) adjusted square feet (studio or one bedroom) or one thousand (1,000) adjusted square feet (more than one bedroom); and

b.

Compliance with any other maximum size requirements contained in any applicable development agreement or other similar, lot-specific restriction on maximum size, provided that such requirements shall not be used to reduce the ADU below eight hundred (800) adjusted square feet.

c.

For determining compliance with this Subsection, floor area shall be calculated pursuant to Section 17.6.3 and Section 17.6.4 of the Orinda Municipal Code.

D.

Within sixty (60) days of receipt of a complete application, the Planning Director shall ministerially process for approval any application for a building permit for an ADU or JADU that meets all the criteria in this Section.

E.

Combination Proposals.

1.

When an ADU is proposed in conjunction with another proposal for which City approval is required under this Code (e.g., new garage, new single-family residence, substantial addition to an existing residence), the City shall follow the process as required by California Government Code Section 66320.

2.

No certificate of occupancy will be issued for an ADU prior to issuance of a certificate of occupancy for the primary dwelling.

F.

Non-Compliant Proposals. If the above requirements are not met, the proposed ADU cannot be approved under this Section. Notwithstanding any other contrary provisions of this Code, applicants may seek a variance for an ADU in accordance with Chapter 17.33 but not an exception in accordance with Chapter 17.32.

G.

Converted Parking. Notwithstanding any other provision of this code, when a private garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an ADU, the spaces are not required to be replaced, as required by California Government Code Section 66314(d)(11).

H.

Fees. No impact fees, as defined in California Government Code Section 66324(c)(1), shall be imposed on ADUs smaller than seven hundred and fifty (750) adjusted square feet. Impact fees for all other ADUs shall be charged proportionately in relation to the square footage of the primary dwelling unit.

I.

Existing Accessory Dwelling Unit. An existing ADU may be enlarged or modified in accordance with the requirements of state law and this Section.

J.

Density. To the extent required by California Government Code Section 66314, an ADU or JADU built in conformance with this Section does not count toward the allowed density for the lot upon which the ADU or JADU is located.

K.

General Plan and Zoning Designations. ADUs and JADUs are residential uses that are consistent with the City's existing general plan and zoning designations.

L.

No more than two dwelling units of any kind will be permitted by the City on a parcel created through the exercise of the authority contained in California Government Code Section 66411.7.

(Ord. 07-02 § 2: Ord. 03-03 § 4: Ord. 99-5 § 2 Exh. A (part); Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 18-02, § 2(Att. A), 3-6-18; Ord. No. 20-02, § 2(Att. A), 5-19-20; Ord. No. 21-8, § 2(Att. A.1), 1-11-22; Ord. No. 25-02, § 2(Att. A), 5-20-25)

The use of single-family residences as small family day care homes shall be considered a residential use of property and can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home is where the family day care provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. No business license fee or tax shall be imposed for the privilege of operating a small family day care home. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. However, small family day care homes shall contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal (Government Code Section 1597.45).

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 22-02, § 2(Att. A.2), 9-6-22)

The use of single-family residences as large family day care homes shall be considered a residential use of property. No business license fee or tax shall be imposed for the privilege of operating a large family day care home and it can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A large family day care home is where the family day care provider resides and includes a dwelling or dwelling unit that is rented, leased, or owned. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. Large family day care homes are subject to the State Fire Marshal standards for large family day cares (Government Code Section 1597.46) and include requirements for a fire extinguisher or smoke detector device, or both; requirements for carbon monoxide detectors; specifications as to the number of required exits from the home; specifications as to the floor or floors on which childcare may be provided; and the number of exits on each floor.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 22-02, § 2(Att. A.3), 9-6-22)

A.

Purpose and Intent.

1.

The purpose of this section is to allow a resident to conduct limited commercial or professional activities at home, i.e., home occupations, where the home occupation is incidental and subordinate to the residential use of the property. It is the intent of this section to ensure that home occupations are compatible with, and do not change the character of the surrounding residential area by generating more traffic, noise, visual impacts, or storage of materials than would normally be expected in a semi-rural residential setting.

2.

The primary nature of allowable home occupations is that such businesses will have minimal impact on neighbors, with no increase in neighborhood traffic related to the business; e.g., such businesses which are conducted entirely via the telephone, mail, Internet or provide mobile services at the customers' place of residence. Limited professional, therapeutic and educational services at the applicant's residence may also be provided pursuant to the following requirements and prohibitions.

B.

Permitted Home Occupations. A home occupation may be conducted in a residential zone if it does not violate any of the following standards:

1.

The home occupation shall be incidental and subordinate to the use of the property as a residence.

2.

The appearance of the structure in no way shall be altered, nor shall the occupation be conducted in a manner which would cause change in the colors, materials, construction, lighting or signs. There shall be no outside display, advertising sign, window display or storage of goods or materials that could be used to identify the business.

3.

The use of a garage for the purpose of a home occupation shall not decrease the amount of off-street covered parking required by Title 17.

4.

The occupation shall not create any noise, vibration, fumes, odors, dust, other emissions or electrical interference that is detectable from the street or neighboring properties.

5.

There shall be no use of (or discharge into) water, sewers, electricity, or storm drains which exceeds normal residential use.

6.

Only the permanent residents of the dwelling may be involved in the conduct of the home occupation. There shall be no employees or independent contractors.

7.

The use shall not generate vehicular or pedestrian traffic in excess of that normally associated with single-family use.

8.

Assembly and fabrication of goods shall be limited to small scale arts, crafts and hobby items made for off-site sale, such as through mail order, Internet, street fairs and farmers' markets.

9.

Permitted food preparation shall be limited to specialty items made for off-site sale, such as through mail order, Internet, catering, street fairs and farmers' markets, and shall have all required permits.

10.

Outdoor instruction, such as tennis and swimming lessons, shall not be audible from neighboring properties.

11.

There shall be no installation of equipment or appliances, or storage of materials, or use of vehicles, that are of a nonresidential nature. Activities conducted and equipment or material used as a part of a home occupation shall not change the fire safety or occupation classifications of the residence as set forth in the Uniform Building Code. The home occupation shall not employ the storage of flammable explosive or hazardous materials unless specifically approved by the Moraga/Orinda Fire District.

12.

No more than one company vehicle, which shall be limited to a car, van or truck (three-quarter ton maximum) may be used by the applicant, directly or indirectly, in connection with the home occupation.

13.

The home occupation shall be limited to a minor portion of the dwelling, such as one room, or twenty (20) percent of the dwelling's floor area in case where the use of one room would exceed twenty (20) percent of the dwelling's floor area.

C.

Prohibited Home Occupations. Activities which are in violation of this section are prohibited. The following occupations are categorically prohibited:

1.

Beauty parlors, barber shops and haircut salons;

2.

Retail and wholesale sales where goods would be retrieved by the buyer at location of the home occupation;

3.

Restaurants and food preparation site for the purpose of retail sales from a vehicle;

4.

Cabinet making and similar manufacturing activities;

5.

Stables, kennels, veterinary clinics, animal breeding and grooming;

6.

Appliance, automotive, engine, motorcycle repair on-site;

7.

Medical and dental offices and clinics.

(Ord. 99-5 § 2 Exh. A (part))

Large animals such as horses and cattle may only be kept on lots of forty thousand (40,000) net square feet or more, allowing one large animal for each twenty thousand (20,000) square feet of net lot size. Keeping small animals such as chickens, rabbits and mink is permitted on residential lots of twenty thousand (20,000) net square feet or more. Keeping exotic animals is subject to obtaining a use permit under Chapter 17.31. Keeping domestic animals is a permitted use on properties zoned for residential use.

(Ord. 99-5 § 2 Exh. A (part))

A dual-structure permit shall be required prior to commencing any work, including but not limited to demolition, on a proposed new residence on a single-family residential lot containing an existing residence, where the new residence will be entirely or substantially separate from the existing residence and the existing residence is intended to be maintained as living quarters until the new residence is occupied. The dual-structure permit may be issued if the following criteria are met:

A.

Written Agreement. The property owner shall agree in writing that:

1.

The two structures will not be occupied simultaneously for more than a three-day period when moving to the new home;

2.

The original structure will be demolished within a reasonable time, to be specified by the Zoning Administrator; and

3.

The site of the demolished structure will be adequately landscaped within a reasonable time, to be specified by the Zoning Administrator.

B.

Bond. The property owner shall provide a bond sufficient to permit the city to finish whatever work is left incomplete by the property owner, in a form to be approved by the City Attorney.

C.

Recording. The written agreement shall be recorded. On satisfaction of all conditions of approval and the terms of the written agreement, the city shall record a notice of compliance.

(Ord. 02-03 § 3)

Notwithstanding anything to the contrary herein, and to the extent required by State law (including Government Code Sections 65582 and 65583(a)(5)), transitional and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

Multifamily dwellings in the RM district shall comply with the design review standards in section 17.30.11 and the development standards in section 17.4.32.

(Ord. No. 16-03, § 2(Att. A), 4-12-16)

A.

Definitions.

1.

"Host" means the person or people identified as the owner on a short-term rental registration form submitted to the City.

2.

"Hosting platform" means a person, legal entity or an association of individuals that provide a means, which may or may not be internet-based, through which a short-term rental is offered to the public, in exchange for a fee or other compensation. A hosting platform generally has the following attributes: allows a host to advertise a short-term rental, and provides a means to arrange and enter into agreements to occupy short-term rentals, whether payment of rent is made directly to the host or through the hosting platform.

3.

"Short-term rental" means the rental of a property in full or in part for a term of less than thirty (30) consecutive days.

B.

Registration Required. It is unlawful for any person to operate a short-term rental within the City without first registering the short-term rental pursuant to this section.

C.

Registration. In the registration filed with the City, the host and shall acknowledge the following requirements:

1.

When any portion of the short-term rental is rented, the total maximum occupancy of the dwelling containing the short-term rental is limited to the maximum number specified on the proof of registration. That maximum is calculated as follows: two (2) people per bedroom plus three (3) people;

2.

The host of a short-term rental on any given lot may only arrange for one rental to take place at any given time on that lot;

3.

The short-term rental host is responsible for ensuring the short-term rental complies with all local, state, and federal health and safety requirements, including those regarding smoke detectors, fire alarms, and fire extinguishers;

4.

The short-term rental host is responsible for compliance with all City regulations including those regarding noise, parking, and occupancy. Compliance with those requirements shall be included in any written agreement used for the short-term rental;

5.

While rented, the short-term rental shall not be used for any use or event that would require a Temporary Event Permit pursuant to Chapter 17.37; and

6.

The short-term rental registration is non-transferable.

D.

Registration Process.

1.

Each short-term rental shall be annually registered with the Planning Director or his or her designee by completing a City-provided registration form that shall set forth the following information:

a.

The name, address, telephone number, and signature of the owner of the short-term rental for which the registration is sought;

b.

The address of the short-term rental;

c.

The number of bedrooms in the short-term rental, which will be used to calculate the occupancy limit for the short-term rental when it is being rented in full or in part. The maximum occupancy formula is: two (2) people per bedroom plus three (3) people;

d.

Affirmation that all construction at the property containing the short-term rental was conducted in compliance with building codes applicable at the time;

e.

The short-term rental's first operation date, if prior to the effective date of this section;

f.

Acknowledgement that the short-term rental does and shall comply with all requirements set forth in this section;

g.

Evidence of a valid transient occupancy registration certificate issued by the Tax Administrator in compliance with Section 3.12.060. The application for a transient occupancy registration certificate may be filed concurrently with the registration required under this section; and

h.

An agreement to hold harmless, indemnify and defend the City against claims and litigations arising from or related to the issuance of the short-term rental registration.

E.

Registration Fee Required. At the time of registration, the host shall pay a registration fee in an amount set from time to time by resolution of the City Council to reimburse the City for the cost of processing the registration. Registration shall be initiated only upon the successful payment of the registration fee. The registration fee is not refundable.

F.

Registration Investigation by Planning Director. The Planning Director may make or cause to be made, within a reasonable time after the filing of a registration form pursuant to this section, an investigation of the veracity of the information provided on the registration form.

G.

Proof of Registration—Record Kept by Planning Director. Upon a determination of compliance with the provisions of this section, the Planning Director shall issue to the host a proof of registration showing the name of the host, the address of the short-term rental, the maximum occupancy for the property during any rentals, the City short-term rental registration number, and the date of expiration of the registration (one year from date of issuance).

H.

Hosted Stay Requirement. Short-term rentals are prohibited unless:

1.

The short-term rental takes place on property owned by the host and containing the host's primary residence;

2.

The host personally lives on the property when it is used for short-term rentals. A host will only be considered to live at the property used for a short-term rental if they are physically and personally present at the time of the short-term rental. Such physical presence must include sleeping overnight. A host will not be considered to live at the property used for a short-term rental if they are away from the property overnight, including on vacation;

3.

The host is physically present to monitor and regulate activity during the short-term rental, including by meeting guests upon arrival;

4.

The duration of the short-term rental is at least two nights;

5.

Any on-line listings and/or other advertisement authorized by the host for the short-term rental specify that the host will be present and/or share the dwelling unit used for the short-term rental; and

6.

Any on-line listings and/or other advertisements authorized by the host clearly identify the short-term rental registration number provided by the City.

I.

Regulations for Hosting Platforms.

1.

Hosting platforms shall retain records documenting compliance with this section for a period of three years after any short-term rental, including, but not limited to, records indicating the history of all short-term rental reservations on the subject property from the hosting platform, length of stay per reservation, and number of persons per reservation.

2.

Hosting platforms shall be required to prompt hosts to include the City-issued registration number in their listing, in a format designated by the City. Upon notice from the City that a listing is non-compliant, hosting platforms shall cease any short-term rental booking transactions for said listing within five business days. A hosting platform shall not complete any booking transaction for any residential property or unit subject to a City notice, until notified by the City that the residential property or unit is in compliance with the local registration requirement.

3.

Safe Harbor. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (1) and (2) above shall be presumed to be in compliance with this section.

4.

The provisions of this subsection I 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).

5.

The provisions of this subsection I shall not be effective until January 7, 2022.

J.

Enforcement. Violations of this section may be enforced pursuant to Title 19.

K.

Pursuant to Senate Bill 9 (2021), short-term rentals are prohibited in units created pursuant the authority contained in California Government Code Sections 65852.21 and/or 66411.7.

(Ord. No. 17-04, § 2(Att. A), 9-5-17; Ord. No. 21-6, § 2(Att. A), 9-7-21; Ord. No. 21-8, § 2(Att. A.2), 1-11-22)