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Alpine County Code Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS BOS Draft Revision April 8, 2021 Page 1/6 Chapter 18.73 1 RESIDENTIAL SHORT-TERM RENTALS 2 Sections: 3 18.73.010 Purpose. 4 18.73.020 Applicability. 5 18.73.030 Exemptions. 6 18.73.040 Reserved 7 18.73.050 Reserved 8 18.73.060 Notification of residential short-term rental. 9 18.73.070 Standards. 10 18.73.080 Enforcement and Penalties 11 18.73.090 Preexisting transient lodging uses. 12 18.73.100 Preexisting short-term rental uses. 13 18.73.110 No property rights conferred 14 18.73.120 License required. 15 18.73.130 Application requirements. 16 18.73.140 Requirements for license issuance. 17 18.73.150 License form and period of validity. 18 18.73.160 License issuance and non-transferability. 19 18.73.170 Term of license; expiration. 20 18.73.180 License renewal. 21 18.73.190 Cessation of use of a residential unit as a short term rental. 22 18.73.200 License revocation. 23 18.73.210 License revocation notice. 24 18.73.220 Appeal from denial or revocation of license. 25 18.73.230 Fee 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ---PAGE BREAK--- Alpine County Code Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS BOS Draft Revision April 8, 2021 Page 2/6 18.73.010 Purpose. 41 The purpose of this chapter is to provide a fair, equitable and streamlined means of allowing residential short-term 42 rentals throughout Alpine County in a manner that provides for the health and safety of the occupants and does not 43 create a public nuisance. 44 18.73.020 Applicability. 45 Residential short-term rentals may be located in any zone that allows residential use; provided, that the residential 46 short-term rental complies with all the requirements of this chapter. Residential short-term rental means the use of a 47 dwelling unit by any person or persons for the purpose of providing overnight lodging in exchange for payment for a 48 period of less than 30 consecutive days. Short-term rentals also include owner-occupied short-term rentals, but do not 49 include bed and breakfasts, inns, hotels and motels. Short-term rentals are prohibited in accessory (secondary) 50 dwelling units or junior accessory dwelling units (Government Code 65852.2). 51 18.73.030 Exemptions. 52 A. Five Nights/Year. Residential short-term rentals offered or used up to a maximum of five nights per calendar year 53 are exempt from the requirements of this chapter except that the owner or operator shall pay all applicable transient 54 lodging taxes as required by county code. 55 B. One Bedroom in an Owner-Occupied Residence. One bedroom in an owner-occupied residence accommodating no 56 more than three overnight guests is exempt from the requirements of this chapter except that the owner or operator 57 shall pay all applicable transient lodging taxes as required by county code. 58 18.73.060 Notification of residential short-term rental. 59 Upon approval of a license and prior to offering the residential short-term rental, the property owner or their agent 60 shall send a notification to all property owners shown on the latest equalized assessment roles as owning real property 61 within three hundred feet of the property where the residential short-term rental is located. Notices shall contain the 62 property owner’s and, if applicable, the rental agent’s name, telephone number and mailing address; street address of 63 the residential short-term rental unit, description of the residential short-term rental use, name and phone number for a 64 local twenty-four/seven emergency contact. 65 This notification requirement does not apply to residential short-term rentals located within the Kirkwood Specific 66 Plan and Bear Valley Master Plan areas. 67 18.73.070 Standards. 68 A. Limitation on Structures. A residential short-term rental may be conducted only within a legally established 69 residential unit or portion thereof. 70 B. Noise Limitations. No activity at any time shall produce sounds measured in excess of the standards as stated in 71 Section 18.68.090(B) of this code. Outdoor amplified sound is prohibited. 72 C. Outdoor Fires. Outdoor fires are limited pursuant to Chapter 8.16 regarding outdoor burning and fire control. 73 1. East slope properties which violate the standards of CC 8.16 for outdoor fire will be prohibited from all 74 future outdoor burning with the exception of propane fuel barbeques and appliances. 75 D. Solid Waste. Solid waste storage and disposal shall not become a nuisance. The property owner shall not fail to 76 adequately provide for appropriate refuse collection and/or storage. Solid waste violations include failure to secure 77 waste from wildlife, leaving waste out for excessive time, and failure to secure waste from weather. 78 1. East slope properties which violate the standard for solid waste shall be required to install a wildlife-proof 79 solid waste receptacle or “bear box”. 80 E. Parking. No additional parking in excess of what is required for the residential use of the property shall be required. 81 F. Signs. One single, nonilluminated sign of not more than six square feet in area is permitted. In addition, each 82 residential short-term rental shall have an address placard displayed on the building or land in such manner as to be 83 clearly visible from the street or road on which the residential short-term rental is located. The address placard shall 84 comply with the requirements of the California Fire Code. 85 ---PAGE BREAK--- Alpine County Code Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS BOS Draft Revision April 8, 2021 Page 3/6 G. Life Safety Measures. The following life safety measures are required to be in place within the area to be used for 86 the residential short-term rental: 87 1. Operating smoke detector(s) and carbon monoxide detector(s) installed in accordance with state law; 88 2. At least one functioning fire extinguisher in an easily accessed location inside the space; 89 3. Written information available to the occupant in a conspicuous location inside the space containing 90 twenty-four/seven emergency contact information for a representative of the property owner or rental agent, law 91 enforcement, fire department, and ambulance services. 92 H. Confinement of pets. Guests of residential short-term rentals shall confine pets per the requirements of CC 93 6.04.160. 94 I. Outdoor lighting. For all exterior lighting the light source shall be fully shielded from neighboring properties and 95 directed downward. All light fixtures, including security lighting, shall be aimed and shielded so that the direct 96 illumination shall be confined to the property boundaries of the source. Motion sensing light fixtures shall be fully 97 shielded from neighboring properties and properly adjusted to turn off when detected motion ceases. 98 J. Interior Notice Requirements. Each rental shall have a clearly visible and legible notice posted within the unit on or 99 adjacent to the front door, containing the following information. 100 1. The name of the managing agency, agent, property manager, local contact, or owner of the unit, and a telephone 101 number at which that party may be reached on a 24-hour basis. 102 2. The number and location of on-site parking spaces and the parking rules for seasonal snow removal. 103 3. The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property 104 except from 6:00 p.m. of the day prior to trash pickup to 6:00 p.m. on the day designated for trash pickup and that 105 failure to utilize the provided garbage can enclosure, unless otherwise exempted, is a violation of this chapter. 106 4. Occupants and/or guests of the rental shall not create unreasonable noise or disturbances, engage in disorderly 107 conduct, or violate provisions of this Code or any State law pertaining to noise or disorderly conduct, and shall not 108 produce noise such that neighboring properties are disturbed between the hours of 9:00 p.m. and 7:00 a.m. 109 5. Occupants may be cited and fined for violating any provisions of the Alpine County Code. 110 L. Compliance with Other Codes, Laws and Regulations. The residential short-term rental shall be conducted in 111 compliance with other applicable codes, laws and regulations including, but not limited to, all applicable provisions of 112 the Alpine County Code. 113 M. Public Nuisance. The residential short-term rental shall not be operated in a manner that creates a public nuisance. 114 N. Local Contact. The property owner shall designate a local contact. The local contact may be a professional 115 property manager realtor, property owner, or other designated person who is available 24 hours per day, seven days 116 per week during all times that the property is rented, and has access and authority to assume management of the unit 117 and take remedial measures. The local contact shall be required to abate a nuisance relating to noise, trash, or parking 118 within one hour after being notified of the existence of a potential violation of this chapter. The local contact shall be 119 located within one hour driving distance of the short-term rental. 120 O. Advertisement. The residential short-term rental shall post the license identification number issued by the County 121 within all online listings or other advertisements of the property for rent. 122 18.73.080 Enforcement and Penalties 123 A. Upon violation of the standards the responsible party and property owner will receive a written warning that 124 additional violations of the standards will result in an administrative fine. 125 ---PAGE BREAK--- Alpine County Code Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS BOS Draft Revision April 8, 2021 Page 4/6 B. The second successive violation of the standards will cause an administrative fine not to exceed $500. The third 126 successive violation of the standards will cause an administrative fine not to exceed $750. The fourth violation will 127 cause an administrative fine not to exceed $1,000 and the license to conduct short-term rental use shall be revoked and 128 the property shall be prohibited from future short-term rental use. Successive violation means there have been three 129 upheld fines for violations which fines were issued during three separate events and/or calls at the property within any 130 24 month period. 131 C. Operation of a residential short-term rental without a valid license will result in an immediate administrative fine 132 not to exceed $1,000. 133 18.73.090 Transient lodging tax proof of payment. 134 On or before April 1st of each year, payment in full of all transient lodging taxes due for the preceding calendar year 135 shall be confirmed by the community development department. Nonpayment of transient lodging taxes is a violation 136 of this chapter and the county may take action against the property owner and/or operator of the residential short-term 137 rental pursuant to the applicable sections of the Alpine County Code. 138 18.73.100 Preexisting short-term rental uses. 139 Effective July 1, 2021 all short-term rentals in residential dwellings in existence shall obtain a license and comply with 140 all of the requirements for residential short-term rentals as described in this chapter. 141 B. Effective July 1, 2021 East slope residential short-term rentals are required to meet the operational standards of 142 this section and are subject to enforcement provisions including immediate administrative citations for violation of 143 operational standards. 144 18.73.110 No property rights conferred 145 Residential short-term rental licenses shall not be construed as providing property rights or vested interests and 146 entitlements in continued operation of a short-term rental. Residential short-term rental licenses are revocable. 147 Residential short-term rental licenses shall not run with the land. 148 18.73.120 - License required. 149 No person shall rent, offer to rent, or advertise for rent a residential unit to another person or persons for a short-term 150 rental without a license approved and issued in a manner provided for by this chapter. Only owners of a residential unit 151 are eligible to apply for and receive a short-term rental license. Licenses for operation of a short-term rental shall be 152 issued pursuant to an administrative policy developed by the County planner and/or his designee. 153 18.73.130 - Application requirements. 154 Prior to renting, offering to rent or advertising the rental of a residential unit for a short term rental, the property owner 155 shall make an application to the County on a form provided by the County. The application shall be filed by the owner 156 and include the following information: 157 a. The full true name under which the business will be conducted. 158 b. The address and assessor parcel number where the short-term rental is to be conducted. Where multiple units are 159 located on the same parcel, each unit's address shall be provided on a separate application. 160 c. The owner's full, true name, mailing address, email address and telephone number. 161 d. In the case that a separate management company or person shall assume responsibility of the short term rental for 162 the owner, the management company or contact person's name, phone number, mailing address and email address 163 shall be provided in addition to the owner. 164 18.73.140 - Requirements for license issuance. 165 The County shall consider the information included in a submitted application in order to determine whether the 166 issuance of the license for the short-term rental is consistent with the provisions of this chapter. Upon determination by 167 the County that the following criteria have been met, the County shall approve the license: 168 ---PAGE BREAK--- Alpine County Code Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS BOS Draft Revision April 8, 2021 Page 5/6 a. The number of licensed short-term rentals within the East Slope short-term rental overlay district does not 169 exceed thirty (30). 170 b. The property is not within 100 feet distance as measured from the property boundary to a licensed short term 171 rental property in the Residential Neighborhood or Residential Estate zoning district or within 100 feet of a 172 the dwelling unit for a licensed property in the Agriculture zoning district. For property in the Agriculture 173 zoning district the dwelling unit shall not be within 100 feet of a licensed short-term rental property. 174 Properties with a valid registration or transient lodging home occupancy permit approved prior to March 17, 175 2020 are not required to meet the 100 feet distance requirement if the owner applies for license prior to July 1, 176 2021. Legal non-conforming uses which do not meet the 100 feet distance requirement are allowed to 177 continue short-term rental use by maintaining an annual license. Legal non-conforming status with the 100 178 feet distance requirement shall be rescinded if a legal non-conforming use changes ownership, fails to renew 179 the annual license, the license is revoked by the County, or upon cessation of use. The limits of this section 180 apply only to properties within the East slope. 181 c. A license for a short-term rental use for the residential unit has not been revoked in the prior twenty-four 182 month period; 183 d. The premises or residential unit is not currently the subject of an active compliance order or administrative 184 citation for violation of this code; 185 e. An administrative citation has not been issued, regarding a violation on the site, in the past twelve months; 186 f. The property owner has demonstrated, through an application filed to the County, the ability to meet the 187 requirements outlined in this chapter. 188 18.73.150 - License form and period of validity. 189 All licenses for short-term rental uses shall be made on forms furnished by the community development department 190 and shall be issued for a period of one year. Licenses shall be issued for the period of time beginning on July 1st of 191 each year and shall conclude on June 30th of the following year. Applications made during the year shall be issued for 192 a prorated period to conclude on June 30th. 193 18.73.160 - License issuance and non-transferability. 194 The short-term rental license issued under this chapter shall be issued to the owner of record of the residential unit and 195 no license may be assigned, transferred or loaned to any other person, entity, location or establishment. 196 18.73.170 - Term of license; expiration. 197 The short-term rental license shall be personal to the applicant/owner and shall automatically expire upon sale or 198 transfer of the premises or residential unit, or if not renewed pursuant to Section 18.73.180. The license may be 199 revoked for failure to comply with the requirements of the County Code, subject to the administrative and revocation 200 procedures outlined in Section 18.73.200, unless otherwise specified by this chapter. 201 18.73.180 - License renewal. 202 The short-term rental license shall automatically renew upon payment of the short-term rental license renewal fee and 203 all required transient occupancy tax remittance documents associated with the short-term rental license. Nonrenewal 204 prior to the expiration date will result in expiration of the short-term rental license and will require that a new 205 application be made subject to Sections 18.73.130 and 18.73.140 and all other requirements of this code. 206 18.73.190 - Cessation of use of a residential unit as a short term rental. 207 a. Where the owner of a premises or residential unit used and occupied as a short-term rental pursuant to a 208 short-term rental license approved and issued in the manner provided by this chapter fails to remit transient occupancy 209 tax for a period of twelve (12) consecutive months as determined by the County, the short-term rental license shall be 210 deemed to have automatically expired and shall be forfeited. 211 b. Where the owner of a premises or residential unit used and occupied as a short-term rental pursuant to a 212 short-term rental license approved and issued in the manner provided by this chapter intends to cease such use and 213 abandon the short-term rental license for the residential unit, the owner shall cause a notice of cessation to be 214 ---PAGE BREAK--- Alpine County Code Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS BOS Draft Revision April 8, 2021 Page 6/6 filed with the County. The short-term rental license for the unit shall expire immediately upon receipt by the County of 215 the notice of cessation. 216 18.73.200 - License revocation. 217 A short-term rental license issued under the provisions of this chapter may be revoked by the County planner or his/her 218 designee after notice and hearing, as provided in Section 18.73.210 below, for any of the following reasons: 219 a. Fraud, misrepresentation or false statement contained in the application; 220 b. Fraud, misrepresentation or false statement made in the course of carrying on a short-term rental as regulated by 221 this chapter; 222 c. Any violation of any of the provisions of this chapter or of any other provision of this code; or 223 d. Any violation of any provision of federal, state or local laws. 224 e. Cessation of use 225 18.73.210 - License revocation notice. 226 Before revoking a short-term rental license, the County planner or his/her designee shall give the owner notice in 227 writing ten days prior to the revocation action. 228 18.73.220 - Appeal from denial or revocation of license. 229 Any person whose application has been denied by the County planner or his/her designee or any person who has had a 230 short-term rental license revoked by the County planner or his/her designee shall have the right to appeal per County 231 Code 18.88. 232 18.73.230 – Fee 233 The County shall collect an annual fee of $100 for every application. 234 The above Fee amount is not anticipated to fully cover the cost so administrating this Ordinance; however, 235 within twelve months of this Ordinance, the County shall conduct a fee study to determine the total cost of 236 administering this Ordinance. 237 a. If, based on the results of the fee study, the fee needs to be increased; the County may increase the Fee 238 by way of resolution for any new or renewed registrations. 239 b. If, based on the results of the fee study, the fee exceeds the cost of the administering this Ordinance the 240 County shall decrease the fee by way of a resolution and shall also reimburse applicants their proportional 241 share of overpayment 242 243