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Draft Revisions County Code 18.73 – Markup Version April 6, 2021 1 Chapter 18.73 RESIDENTIAL SHORT-TERM RENTALS 1 Sections: 2 18.73.010 Purpose. 3 18.73.020 Applicability. 4 18.73.030 Exemptions. 5 18.73.040 Residential short-term rental registration required. 6 18.73.050 Acknowledgement of registration. 7 18.73.060 Notification of residential short-term rental. 8 18.73.070 Standards. 9 18.73.080 Enforcement and Penalties 10 18.73.080090 Transient lodging tax proof of payment. 11 18.73.090100 Preexisting transient lodging uses. 12 18.73.110 No property rights conferred 13 18.73.120 License required 14 18.73.130 Application requirements 15 18.73.140 Requirements for license issuance 16 18,73.150 License form and period of validity 17 18.73.160 License issuance and non-transferability 18 18.73.170 Term of license; expiration 19 18.73.180 License renewal 20 18.73.190 Cessation of use of a residential unit as a short term rental 21 18.73.200 License revocation 22 18.73.210 License revocation notice 23 18.73.220 Appeal from denial or revocation of license 24 18.73.230 Fee 25 26 18.73.010 Purpose. 27 The purpose of this chapter is to provide a fair, equitable and streamlined means of allowing 28 residential short-term rentals throughout Alpine County in a manner that provides for the health 29 and safety of the occupants and does not create a public nuisance. (Ord. 723 § 1(1), 2017) 30 18.73.020 Applicability. 31 Residential short-term rentals may be located in any zone that allows residential use; provided 32 that the residential short-term rental complies with all the requirements of this chapter. (Ord. 723 33 § 1(2), 2017) Residential short-term rental means the use of a dwelling unit by any person or 34 persons for the purpose of providing overnight lodging in exchange for payment for a period of 35 less than 30 consecutive days. Short-term rentals also include owner-occupied short-term 36 rentals, but do not include bed and breakfasts, inns, hotels and motels. Short-term rentals are 37 prohibited in accessory (secondary) dwelling units or junior accessory dwelling units (Government 38 Code 65852.2) 39 18.73.030 Exemptions. 40 A. Five Nights/Year. Residential short-term rentals offered or used up to a maximum of five nights 41 per calendar year are exempt from the requirements of this chapter except that the owner or 42 operator shall pay all applicable transient lodging taxes as required by county code. 43 B. One Bedroom in an Owner-Occupied Residence. One bedroom in an owner-occupied 44 residence accommodating no more than three overnight guests is exempt from the requirements 45 of this chapter except that the owner or operator shall pay all applicable transient lodging taxes as 46 required by county code. (Ord. 723 § 1(3), 2017) 47 18.73.040 Residential short-term rental registration required. 48 A residential short-term rental is required to be registered with the Alpine County community 49 development department prior to the establishment of such use. Registration for a residential 50 short-term rental shall be submitted to the community development department together with full 51 payment of the registration fee as determined by resolution of the board of supervisors. The 52 ---PAGE BREAK--- Draft Revisions County Code 18.73 – Markup Version April 6, 2021 2 residential short-term rental shall comply with this chapter, except for specific exemptions or 53 exceptions that are described in this chapter. (Ord. 723 § 1(4), 2017) 54 18.73.050 Acknowledgement of registration. 55 An acknowledgement of registration shall be issued by the community development director upon 56 his/her determination that the residential short-term rental complies with all of the requirements of 57 this chapter. The acknowledgement of registration is issued to the property owner or their 58 designated agent, is not transferable and does not run with the land. (Ord. 723 § 1(5), 2017) 59 18.73.060 Notification of residential short-term rental. 60 Upon receiving an acknowledgement of registration and prior to offering the residential short-term 61 rental, the property owner or their agent shall send a notification to all property owners shown on 62 the latest equalized assessment roles as owning real property within three hundred feet of the 63 property where the residential short-term rental is located. Notices shall contain the property 64 owner’s and, if applicable, the rental agent’s name, telephone number and mailing address; street 65 address of the residential short-term rental unit, description of the residential short-term rental 66 use, name and phone number for twenty-four/seven emergency contact. 67 This notification requirement does not apply to residential short-term rentals located within the 68 Kirkwood Specific Plan and Bear Valley Master Plan areas. (Ord. 723 § 1(6), 2017) 69 18.73.070 Standards. 70 A. Limitation on Structures. A residential short-term rental may be conducted only within a legally 71 established residential unit or portion thereof. 72 B. Noise Limitations. No activity at any time shall produce sounds measured in excess of the 73 standards as stated in Section 18.68.090(B) of this code. 74 C. Outdoor Fires. Outdoor fires are limited pursuant to Chapter 8.16 regarding outdoor burning 75 and fire control. 76 1. East slope properties which violate the standards of CC 8.16 for outdoor fire will be 77 prohibited from all future outdoor burning with the exception of propane fuel barbeques 78 and appliances. 79 D. Solid Waste. Solid waste storage and disposal shall not become a nuisance. The property 80 owner shall not fail to adequately provide for appropriate refuse collection and/or storage. Solid 81 waste violations include failure to secure waste from wildlife, leaving waste out for excessive time, 82 and failure to secure waste from weather. 83 1. East slope properties which violate the standard for solid waste shall be required to install 84 a wildlife-proof solid waste receptacle or “bear-box.” 85 D E. Parking. No additional parking in excess of what is required for the residential use of the 86 property shall be required. 87 EF. Signs. One single, non illuminated sign of not more than six square feet in area is permitted. 88 In addition, each residential short-term rental shall have an address placard displayed on the 89 building or land in such manner as to be clearly visible from the street or road on which the 90 residential short-term rental is located. The address placard shall comply with the requirements of 91 the California Fire Code. 92 FG. Life Safety Measures. The following life safety measures are required to be in place within 93 the area to be used for the residential short-term rental: 94 1. Operating smoke detector(s) and carbon monoxide detector(s) installed in accordance 95 with state law; 96 ---PAGE BREAK--- Draft Revisions County Code 18.73 – Markup Version April 6, 2021 3 2. At least one functioning fire extinguisher in an easily accessed location inside the space; 97 3. Written information available to the occupant in a conspicuous location inside the space 98 containing twenty-four/seven emergency contact information for a representative of the 99 property owner or rental agent, law enforcement, fire department, and ambulance services. 100 H. Confinement of Pets. Guests of residential short term rentals shall confine pets per the 101 requirements of CC 6.04.160. 102 I. Outdoor Lighting. For all exterior lighting the light source shall be fully shielded from 103 neighboring properties and directed downward. All light fixtures, including security lighting, shall 104 be aimed and shielded so that the direct illumination shall be confined to the property boundaries 105 of the source. Motion sensing light fixtures shall be fully shielded from neighboring properties and 106 properly adjusted to turn off when detected motion ceases. 107 J. Interior Notice Requirements. Each rental shall have a clearly visible and legible notice posted 108 within the unit on or adjacent to the front door, containing the following information: 109 A. The name of the managing agency, agent, property manager, local contact, or owner of 110 the unit, and a telephone number at which that party may be reached on a 24-hour basis. 111 B. The number and location of on-site parking spaces and the parking rules for seasonal 112 snow removal. 113 C. The trash pickup day and notification that trash and refuse shall not be left or stored on 114 the exterior of the property except from 6:00 p.m. of the day prior to trash pickup to 6:00 115 p.m. on the day designated for trash pick up and that the failure to utilize the provided 116 garbage can enclosure, unless otherwise exempted, is a violation of this chapter. 117 D. Occupants and/or guests of the rental shall not create unreasonable noise or 118 disturbance, engage in disorderly conduct, or violate provisions of this Code or any State 119 law pertaining to noise or disorderly conduct, and shall not produce noise such that 120 neighboring properties are disturbed between the hours of 9:00 p.m. and 7:00 a.m. 121 E. Occupants may be cited and fined for violating any provisions of the Alpine County Code. 122 GK. Compliance with Other Codes, Laws and Regulations. The residential short-term rental shall 123 be conducted in compliance with other applicable codes, laws and regulations including, but not 124 limited to, all applicable provisions of the Alpine County Code. 125 HL. Public Nuisance. The residential short-term rental shall not be operated in a manner that 126 creates a public nuisance. (Ord. 723 § 1(7), 2017) 127 M. Local Contact. The property owner shall designate a local contact. The local contact may be 128 a professional property manager, realtor, property owner, or other designated person who is 129 available 24 hours per day, seven days per week during all times that the property is rented, and 130 has access and authority to assume management of the unit and take remedial measures. The 131 local contact shall be required to abate a nuisance relating to noise, trash, or parking within one 132 hour after being notified of the existence of a potential violation of this chapter. The local contact 133 shall be located within one hour driving distance of the short term rental. 134 N. Advertisement. The residential short-term rental shall post the license identification number 135 issued by the County within all online listings or other advertisements of the property for rent. 136 18.73.080. Enforcement and Penalties. 137 A. Upon violation of the standards the responsible party and property owner will receive a written 138 warning that additional violations of the standards will result in an administrative fine. 139 B. The second successive violation of the standards will cause an administrative fine not to 140 exceed $500. The third successive violation of the standards will cause an administrative fine not 141 to exceed $750. The fourth violation will cause an administrative fine not to exceed $1,000 and 142 the license to conduct short-term rental use shall be revoked and the property shall be prohibited 143 ---PAGE BREAK--- Draft Revisions County Code 18.73 – Markup Version April 6, 2021 4 from future short-term rental use. Successive violation means there have been three upheld fines 144 for violations which fines were issued during three separate events and/or calls at the property 145 within any 24 month period. 146 147 18.73.080090 Transient lodging tax proof of payment. 148 On or before April 1st of each year, payment in full of all transient lodging taxes due for the 149 preceding calendar year shall be confirmed by the community development department. 150 Nonpayment of transient lodging taxes is a violation of this chapter and the county may take 151 action against the property owner and/or operator of the residential short-term rental pursuant to 152 the applicable sections of the Alpine County Code. (Ord. 723 § 1(8), 2017) 153 18.73.090100 Preexisting transient lodging uses. 154 A. Bear Valley and Kirkwood. Pursuant to Alpine County Ordinance No. 596-97, transient lodging 155 use has been allowed as a use by right within the Bear Valley Master Plan and Kirkwood Specific 156 Plan areas of Alpine County. Within twelve months of the effective date of the ordinance codified 157 in this chapter, all transient lodging uses in residential dwellings in existence and future transient 158 lodging uses proposed in these two areas shall complete the registration process, receive an 159 acknowledgment of registration and comply with all of the requirements for residential short-term 160 rentals as described in this chapter. 161 B. All Other Areas. Transient lodging permits issued prior to the effective date of the ordinance 162 codified in this chapter shall continue to be valid and registration shall not be required as long as 163 the operation complies with all of the other requirements of this chapter. (Ord. 723 § 1(9), 2017) 164 A. Effective July 1, 2021 all short term rentals in residential dwellings in existence shall 165 obtain a license and comply with all of the requirements for residential short-term rentals 166 as described in this chapter. 167 B. Effective July 1, 2021 East slope residential short-term rentals are required to meet the 168 operational standards of this section and are subject to enforcement provisions including 169 administrative citations for violation of operational standards. 170 18.73.110 No property rights conferred. 171 Residential short-term rental licenses shall not be construed as providing property rights or 172 vested interests and entitlements in continued operation of a short term rental. Residential short 173 term rental licenses are revocable. Residential short term rental licenses shall not run with the 174 land. 175 176 18.73.120 License required. 177 No person shall rent, offer to rent, or advertise for rent a residential unit to another person or 178 persons for a short-term rental without a license approved and issued in a manner provided for by 179 this chapter. Only owners of a residential unit are eligible to apply for and receive a short-term 180 rental license. Licenses for operation of a short-term rental shall be issued pursuant to an 181 administrative policy developed by the County planner and/or his designee. 182 183 18.73.130 Application requirements. 184 Prior to renting, offering to rent or advertising the rental of a residential unit for a short-term rental, 185 the property owner shall make an application to the County on a form provided by the County. 186 The application shall be filed by the owner and include the following information: 187 1.The full true name under which the business will be conducted. 188 2. The address and assessor parcel number where the short term rental is to be conducted. 189 Where multiple units are located on the same parcel, each unit’s address shall be 190 provided on a separate application. 191 3. The owner’s full true name, mailing address, email address and telephone number. 192 4. In the case that a separate management company or person shall assume responsibility of 193 the short-term rental for the owner, the management company or contact person’s name, 194 ---PAGE BREAK--- Draft Revisions County Code 18.73 – Markup Version April 6, 2021 5 phone number, mailing address and email address shall be provided in addition to the 195 owner. 196 197 18.73.140 Requirements for license issuance. 198 The County shall consider the information included in the a submitted application in order to 199 determine whether the issuance of the license for the short-term rental is consistent with the 200 provisions of this chapter. Upon determination by the County that the following criteria have been 201 met, the County shall approve the license: 202 1. The number of licensed short-term rentals within the East slope short-term rental overlay 203 district does not exceed thirty (30). 204 2. The property is not within 100 feet distance as measured from the property boundary to a 205 licensed short-term rental property in the Residential Neighborhood or Residential Estate 206 zoning district or within 100 feet of the dwelling unit for a licensed property in the 207 Agriculture zoning district. For property in the Agriculture zoning district the dwelling unit 208 shall not be within 100 of a licensed short-term rental property. Properties with a valid 209 registration or transient lodging home occupancy permit approved prior to March 17, 210 2020 are not required to meet the 100 feet distance requirement if the owner applies for a 211 license prior to July 1, 2021. Legal non-conforming uses which do not meet the 100 feet 212 distance requirement are allowed to continue short-term rental use by maintaining an 213 annual license. Legal non-conforming status with the 100 feet distance requirement shall 214 be rescinded if a legal non-conforming use changes ownership, fails to renew the annual 215 license, the license is revoked by the County, or upon cessation of use. The limits of this 216 section apply only to properties within the East slope. 217 3. A license for a short-term rental use for the residential unit has not been revoked in the 218 prior twenty-four month period; 219 4. The premises or residential unit is not currently the subject of an active compliance order 220 or administrative citation for violation of this code; 221 5. An administrative citation has not been issued, regarding a violation on the site, in the 222 past twelve months; 223 6. The property owner has demonstrated, through an application filed to the County, the 224 ability to meet the requirements of this Chapter. 225 226 18.73.150 License form and period of validity. 227 All licenses for short-term rental uses shall be made on forms furnished by the community 228 development department and shall be issued for a period of one year. Licenses shall be issued 229 for the period of time beginning on July 1st of each year and shall conclude on June 30th of the 230 following year. Applications made during the year shall be issued for a prorated period to 231 conclude on June 30th. 232 233 18.73.160 License issuance and non-transferability. 234 The short-term rental licenses issued under this chapter shall be issued to the owner of record of 235 the residential unit and no license may be assigned, transferred or loaned to any other person, 236 entity, location or establishment. 237 238 18.73.170 Term of license; expiration. 239 The short-term rental license shall be personal to the applicant/owner and shall automatically 240 expire upon sale or transfer of the premises or residential unit, or if not renewed pursuant to 241 Section 18.73.180. The license may be revoked for failure to comply with the requirements of the 242 County Code, subject to the administrative and revocation procedures outlined in Section 243 18.73.200, unless otherwise specified by this chapter. 244 245 18.73.180 License renewal. 246 The short-term rental license shall automatically renew upon payment of the short-term rental 247 license renewal fee and all required transient occupancy tax remittance documents associated 248 with the short-term rental license. Nonrenewal prior to the expiration date will result in expiration 249 ---PAGE BREAK--- Draft Revisions County Code 18.73 – Markup Version April 6, 2021 6 of the short-term rental license and will require that a new application be made subject to 250 Sections 18.73.130 and 18.73.140 and all other requirements of this code. 251 252 18.73.190 Cessation of use of a residential unit as a short-term rental. 253 A. Where the owner of a premises or residential unit used and occupied as a short-term rental 254 pursuant to a short-term approved and issued in the manner provided by this chapter fails to 255 remit transient occupancy tax for a period of twelve (12) consecutive months as determined 256 by the County, the short-term rental license shall be deemed to have automatically expired 257 and shall be forfeited. 258 B. Where the owner of a premises or residential unit used and occupied as a short-term rental 259 pursuant to a short-term rental license approved and issued in the manner provided by this 260 chapter intends to cease such use and abandon the short-term rental license for the 261 residential unit, the owner shall cause a notice of cessation to be filed with the 262 County. The short-term rental license for the unit shall expire immediately upon receipt by 263 the County of the notice of cessation. 264 265 18.73.200 License revocation. 266 A short-term rental license issued under the provisions of this chapter may be revoked by the 267 County planner or his/her designee after notice and hearing, as provided in Section 18.73.210 268 below, for any of the following reasons: 269 1. Fraud, misrepresentation or false statement contained in the application; 270 2. Fraud, misrepresentation or false statement made in the course of carrying on a short- 271 term rental as regulated by this chapter; 272 3. Any violation of any of the provisions of this chapter or of any other provision of this code; 273 or 274 4. Cessation of use 275 276 18.73.210 License revocation notice. 277 Before revoking a short-term rental license, the County planner or his/her designee shall give the 278 owner notice in writing ten days prior to the revocation action. 279 280 18.73.220 Appeal from denial or revocation of license. 281 Any person whose application has been denied by the County planner or his/her designee or any 282 person who has had a short-term rental license revoked by the County planner or his/her 283 designee shall have the right to appeal per County Code 18.88. 284 285 18.73.230 Fee. 286 A. The County shall collect an annual fee of $100 for every application. 287 B. The above fee amount is not anticipated to fully cover the cost of administering this 288 Ordinance; however within twelve months of this Ordinance, the County shall conduct a 289 fee study to determine the total cost of administering this Ordinance. 290 a. If, based on the results of the fee study, the fee needs to be increased, the 291 County may increase the Fee by way of resolution for any new or renewed 292 registrations. 293 b. If, based on the results of the fee study, the fee exceeds the cost of administering 294 this Ordinance, the County shall decrease the fee by way of resolution and shall 295 also reimburse applicants their proportional share of overpayment. 296 297 298