HomeMy WebLinkAboutOrdinance #4238 ORDINANCE NO. 422s
AN ORDINANCE OF THE If CITY COUNCIL OF THE CITY OF I-iUNTINGTON BEACH
AMENDING CHAPTER 5.120 OF THE HUNTINGTON 13EACI-I MUNICIPAL CODE
REGULATING SHORT-TERM RENTALS
The City Council of the City of 1-luntington Beach ordains as follows:
SECTION 1. That Chapter 5.120.010 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.120.010 purpose.
The purpose of this Chapter is to establish regulations, standards, and a permitting
process governing the renting or leasing of privately owned visitor serving residential dwelling
units on a short-term basis in order to maintain the long-tern rental housing stock in the City:
ensure the collection and payment of Transient Occupancy Taxes ("TO-I...); safeguard the
residents of the City of f-luntington Beach by ensuring that Short-Tenn Rental activities do not
threaten the character of residential neighborhoods; and ensuring that such Short=I-ernt Rental
activities do not become a nuisance, or threaten the public health, safety. or welfare of
neighboring properties. This Chapter will establish two Zones in the City where Short-Term
Rentals are permitted. Zone l will consist of all areas of the City excluding Sunset Beach. Zone
2 will consist of Sunset Beach. In "Zone 1 and Zone 2, Short-Term Rentals are permitted in
owner occupied residential dwelling units as set forth herein. In Zone 2. Short-Term Rentals are
permitted for existing owner "un-occupied" residential dwelling units who obtain a permit by
March I. 2022. After March I. 2022. no new permits for owner tin-occupied residential
dwelling units will be issued.
SECTION 2. That Chapter 5.120.020 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.120.020 Definitions.
A. "Booking Transaction` means any reservation and/or payment service provided
by a person or entity who facilitates a Short-Term Rental transaction between a prospective guest
and a Short-Terni Rental 1-lost or Operator.
B. "City" means City of 1-luntington Beach.
C. "Director" means the Director of Community Development or a designee.
D "Guest' means any person or persons renting a Short-Term Rental as a transient
occupant.
E. "Flost ' means a property owner who is an occupier of the property at the time of.
and for the duration of, the Short-Term Rental.
F. "Hosted Stav' means a Short Terns Rental at a Primary Residence whereby the
ORDINANCE NO. 4238
I-lost occupies the Short-Tenn Rental property and remains on-site and resides in a habitable
dwelling unit or portion thereof throughout the Guest's stay (except during daytime and/or work
hours).
G. "Hosting Platform' means a person or entity that participates in the Short-Term
Rental business in exchange for a fee or other compensation, directly or indirectly through an
agent or intermediary, by conducting a Booking Transaction for a Hosted or Un-Hosted Short-
Term Rental using any medium of facilitation.
1-I. "Local Contact Person" means the Operator or Host or person designated thereof
to respond to and take remedial action regarding Short-Term Rental issues or complaints.
1. "Platform Agreement" means a signed agreement between a Hosting Platfonn and
the City, which, among other things. provides that the Hosting Platform will collect and submit
Transient Occupancy Tax and any Improvement District Assessment established pursuant to
California Streets and Highways Code sections 36500 and 36600 to the City on behalf of Short-
Term Rental Hosts or Operators.
J. "Primary Residence" means a person's permanent residence or usual place of
return for housing as documented by at least two (2) of the following: driver's license; voter
registration; tax documents showing the residential unit as the person's residence; or a utility bill.
K. "Prohibited Buildings List" means a list identifying the address(es) of all
buildings whose owner(s), including any applicable homeowners' association or board of
directors, have notitied the City, pursuant to City procedures, that Short-Term Rentals are not
permitted to operate anywhere in such building, including deed restricted affordable housing
units.
L. "Short-Term Rental ("STR")" means a residential dwelling unit, or portion
thereof, that is offered or provided to a paying Gnfsl(s) by a Short-Tenn Rental I-lost or Operator
for thirty (30) or fewer consecutive nights. The term "Short-Term Rental" shall not include
hotels. motels. inns. or bed and breakfast inns.
M. "Short-Tenn Rental Advertisement" means any method of soliciting use of a
dwelling unit for Short-Term Rental purposes.
N. "Short-Term Rental Operator` or "Operator' means property owner or a property
manager of a dwelling unit in Sunset Beach, or portion thereof, who offers or provides that
dwelling unit. or portion thereof, for an Un-l-losted Short-Term Rental.
O. "Short=Term Rental Permit' or "Permit" means a Permit, with a Permit number,
issued by the Citv to allow Hosted or Un-Hosted Short-Term Rentals.
P. "Short-Term Rental Tenant" means a person who has entered into a Short-Term
rental agreement for a dwelling unit in exchange for Short-Term occupancy of the dwelling unit.
Q. "Transient Occupancy Tax" ("TOT") means local Transient Occupancy Tax as set
forth in Chapter 3.28 of the Huntington Beach Nlunicipal Code.
R. "Un-Hosted Short-Term Rental` means a Short-Term Rental in Sunset Beach,
where there is no Host and the Operator resides off-site during the Guest's stay.
S. "Zone 1" means the City of 1-luntington Beach excluding the property located
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within the Sunset Beach Specific Plan.
T. "Zone 2" means property located within the Sunset Beach Specific Plan.
SECTION 3. That Chapter 5.120.030 of the Huntington Beach \Municipal Code is
hereby amended to read as follows:
5.120.030 Permit Required.
A. No person or entity shall advertise, rent, or operate a Short-Term Rental (STR) in
the Cite unless a Permit has been issued by the City pursuant to this Chapter. An Operator or
I-lost of the STR shall apple with the City to obtain a Permit and shall be responsible for
complying with all requirements of this Chapter. Application for a STR Permit shall be in a
form prescribed by the Director and include all information determined by the Director to be
necessary to evaluate the eligibility of the 1-lost or Operator, consistent with this Chapter.
B. An application for a STR Permit shall be accompanied by a fee established by
resolution of the City Council, provided, however, the fee shall be no greater than necessary to
defer the cost incurred by the City in administering the provisions of this Chapter.
C. STR Hosts or Operators shall apply for STR Permit pursuant to this Chapter.
Existing unpermitted STR Hosts or Operators shall apply for a STR Permit within six months
after the effective date of resolution adopting the STR Permit fee. The 1-lost or Operator shall
provide proof of property ownership and shall be the person that signs the application.
D. A STR Permit is valid for two (2) years from the date of issuance. The STR
Permit is personal and may not be transferred or assigned and does not run with the land. A STR
Permit may be renewed annually if STR Operator or 1-lost: (1) pays the renewal fee: (2) provides
information concerning any changes to the previous application for, or renewal of, the STR
Permit: (3) submits records to demonstrate compliance with this Chapter as required by the
Director. Failure to submit a renewal application to the City at least thirty (30) days prior to the
expiration of the STR Permit shall render the SIR Permit and permission to operate an STR null
and void.
E. STR Permits issued pursuant to this Chapter are subject to the following standard
STR permit conditions:
I. The I-lost or Operator shall, by written agreement with the Tenant, limit
overnight occupancy of the SIR to a specific number of occupants. with the number of
occupants not to exceed that permitted by the provisions of this Section.
2. the Host or Operator shall insure that the occupants and/or guests of the
STR do not create unreasonable noise or disturbances, engage in disorderly conduct, or
violate provisions any Federal, State. or Local (including the Huntington Beach Municipal
Code) law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use
of illegal drugs.
3. The I-lost or Operator shall, upon notification that occupants and/or guests
of his or her STR have created unreasonable noise or disturbances, engaged in disorderly
conduct or committed violations of any Law, including those pertaining to noise,disorderly
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ORDINANCE NO. 4238
conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a
recurrence of such conduct by those occupants or guests.
4. The Host or Operator of the STR unit shall post a copy of the STR Permit
and the STR Permit conditions in a Conspicuous place within the STR.
5. The Host or Operator shall provide a Guest parking plan to the City for
approval prior to issuance of STR Permit.
6. The maximum number of guests who may occupy the STR at one time is
two persons per bedroom, plus two additional guests (including children). Lofts that meet
California Building Code egress requirements are considered a bedroom for the purposes
of the occupancy calculation. In no event may the maxinnim occupancy exceed ten (10)
persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy)
such as commercial parties, weddings, fundraisers, and conferences, are prohibited.
P. Eligibility requirements. In addition to any specific STR Permit requirements set
forth the by the Director, the following requirements must be met at the time of submitting a
STR Permit application:
I. The dwelling unit shall not be a deed restricted affordable housing unit, in
a special group residence, a Single Room Occupancy (as defined by the City "Zoning
Code), or included on the Prohibited Buildings List.
2. The Operator or I-lost shall not be granted a permit for more than one STR
within the City of Huntington Beach (including Sunset Beach).
J. There will only be one STR permit issued per property except in multi-
family single lot subdivisions (i.e. condominiums or townhomes) the number of STR
Permits allowed shall be as follows:
Number of units per property Number of STR Permits
Upto3 I
4 or more 3
4. The STR Operator shall identify. to the satisfaction of the City, a Local
Contact Person, who shall be available twenty-four (24) hours per day, seven (7) days a
week for: (I) responding within one (1) hour to complaints regarding the condition.
operation, or conduct of the STR or its occupants: and (2) taking any remedial action
necessary to resolve such complaints. In the event the STR is "hosted the 1-lost shall be
the Local Contact Person.
5. The dwelling unit or property used as a STR shall not be the subject of any
active or pending code enforcement actions or violations pursuant to the City's (Municipal
Code.
6. If the dwelling unit or property used as a SIR is subject to the rules of a
homeowners' or condominium association, Short-Term Rental activity must comply with
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ORDINANCE NO. 4238
those rules and this Chapter shall not be inferred to grant any permission that invalidates
or supersedes any provisions of those homeowners' or condominium associations.
7. The 1-lost or Operator shall sign an indemnification and hold harmless
agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect.
hold harmless, and defend the Cite of Huntington Beach, the City Council of the City of
Huntington Beach, individually and collectively, and the City of Huntington Beach
representatives, officers. officials, employees, agents, and volunteers from any and all
claims, demands, damages, fines, obligations, suits,judgments, penalties, causes of
action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of.
or arising out of the STR Host or Operators actions or inaction in the operation,
occupancy, use, and/or maintenance of the Short-Term Rental.
8. The STR shall be a legally permitted dwelling unit. Accessory Dwelling
Units or Junior Accessory Dwelling Units may be permitted as a STR only if the unit was
legally established prior to the effective date of this Ordinance and otherwise meets the
requirements of this Chapter.
G. The 1-lost/Operator shall provide proof that the STR is not prohibited by
the homeowners' Association Conditions Covenants and Restrictions or any other community
standards/guideli ties, applicable tothe proposed STR.
SECTION 4. That Chapter 5.120.040 of the Huntington Beach L4unicipal Code is
hercbv amended to read as follows:
5.120.040 STR Regulations.
A. All marketing and advertising of a STR, including any listing on a Hosting
Platform, shall clearly list the City-issued STR Permit number.
B. STR is prohibited in any part of the property not approved and permitted for
residential use including, but not limited to, vehicle(s) parked on the property, storage sheds,
trailer(s), garage(s). boat(s) or similar watercraft, tree house(s), or any temporary structure(s),
including, but not limited to, tent(s).
C. Un-Hosted STRs are prohibited in the City of 1-luntington Beach except in Zone 2.
Existing Un-l-losted STRs in Sunset Beach have until March I, 2022 to obtain a STR Permit.
D. Each STR shall have a notice posted within the unit in a location clearly marked
and accessible to the Guest (e.g.. posted on the refrigerator. included within a binder with
additional information on the unit, etc.), containing the following information:
1. The maximum number of occupants permitted in the unit;
2. Location of parking spaces;
3. Trash and recycling pickup information:
4. Emergency contact information for police, fire, or emergency medical
services: and
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5. Evacuation plan for the unit showing emergency exit routes. exits, and fire
extinguisher locations.
E. The name of the local contact and a telephone number at which that person may
be reached on a twenty-four (24) hour basis posted in a place that can be read by a member of the
public without entering the STR.
P. No sign shalt be posted on the exterior of the STR to advertise the availability of
the unit.
G. It is unlawful for any STR Operator, Host, occupant, renter, lessee, person present
upon, or person having charge or possession of the SIR premises, to make or continue to 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 sensitivities residing in the area, or which violates any provision of Chapter 8.40 ('Noise
Control") of the Huntington Beach Municipal Code.
H. The minimum age of STR Tenants shall be 25 years old.
1. Following compliance with California Streets and Highways Code 36600 et al..
STRs will become part of the Huntington Beach Tourism Business Improvement District (BID)
and comply with all requirements including payment of legally established BID Assessments.
J. The City will post STR contact information on the City website for the public to
access.
K. An STR may not be operated as any other commercial home-based business.
SECTION 5. That Chapter 5.120.060 of the Huntington Beach Municipal Code is
amended to read as follows:
5.120.060 Hosting Platform Responsibilities.
A. Hosting platforms shall not process or complete any Booking Transaction for any
SIR. unless the STR has a valid current STR Permit issued by the City. Hosting platforms are
required to list the STR Permit number and expiration date.
B. Within forty-five (45) days of the effective date of this Ordinance, Hosting
Platforms with listings located in the City shall provide to the City contact information of the
Hosting Platform.
C. A Hosting Platform with listings located in the City shall provide to the City on a
monthly basis, in a format specified by the City, the STR Permit number of each listing, the
name of the person responsible for each listing, the address of each such listing, and, for each
Booking Transaction that occurs within the reporting period, the number of days booked. and the
total price paid for each rental.
D. 1-losting Platforms shalt remove any listings for SCRs, including those on the
Cit_y's Prohibited Buildings List, from the platform upon notification by the City.
E. STR Hosts or Operators shall be responsible for collecting all applicable TOT and
TBID assessments and remitting the same to the City.
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F. All Hosting Platforms operating in the City must comply with all Federal, State,
or Local (including the Huntington Beach Municipal Code) laws.
SECTION 6. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the o2"' day of A Ne/Y beA..1 20.q/ .
Mayor
ATTEST: Qw APPROVED AS T RM:
w�
City Clerk ity mey Q
RE ED AND PROVED: INITIATED AND APPROVED:
-L 4 Gcp
City Manager Comm ni Development Director
21-10466/269289
Ord. No. 4238
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss:
CITY OF HUNTINGTON BEACH )
1, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-off icio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on October 19, 2021, and was again read to said City
Council at a Regular meeting thereof held on November 2, 2021. and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Peterson. Bolton. Delgleize, Carr, Posey. Moser, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Fstanislau,CITY CLERK of the City of I unlington
Beach and eso0icio Clerk of City Council,do hereby
certify that a synopsis of this ordinance has been published in
the I luntington Beach wave on November I I ,2021. �, ' •rl/ "��`�A!�
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
neoun City Clerk of the City Council of the City
of Huntington Beach, California