6404ORDINANCE NO. 6404
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 4.05 (SHORT-TERM RENTALS) OF TITLE 4
(BUSINESS REGULATION) OF THE ANAHEIM MUNICIPAL
CODE RELATING TO SHORT-TERM RENTALS, AND
FINDING AND DETERMINING THAT THIS ORDINANCE IS
NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO SECTIONS
15060(C)(2), 15060(C)(3) AND 15061(B)(3) OF THE STATE
CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A
DIRECT OR REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT, BECAUSE
THERE IS NO POSSIBILITY THAT IT MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT AND
BECAUSE IT IS NOT A PROJECT, AS DEFINED IN SECTION
15378 OF THE CEQA GUIDELINES.
WHEREAS, by the adoption of Ordinance No. 6299 on May 13, 2014, the City Council
of the City of Anaheim ("City Council") added Chapter 4.05 (Short -Term Rentals) to Title 4
(Business Regulation) of the Anaheim Municipal Code (the "Code") for the purpose of
establishing a permit program for owners of residential dwelling units who rent, offer to rent, or
advertise for rent said dwelling units to a person or group of persons for occupancy, dwelling,
lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days, i.e.,
"Short -Term Rentals"; and
WHEREAS, Chapter 4.05 (Short -Term Rentals) is known and referred to as the "Short -
Term Rentals Ordinance"; and
WHEREAS, the Short -Term Rentals Ordinance, as subsequently amended by the
adoption of Ordinance No. 6317 on March 3, 2015, permitted the short-term rental of dwelling
units within the Single -Family Residential Zone, the Multiple -Family Residential Zone and the
Mixed Use (MU) Overlay Zone, and established standards and regulations relating to the
issuance of permits for Short -Term Rentals; and
WHEREAS, by the adoption of Ordinance No. 6317 on March 3, 2015, the City Council
also added "Short -Term Rental Units," as defined in Chapter 4.05 (Short -Term Rentals) of the
Code, as a permitted use within the Mixed Use (MU) Overlay Zone subject to a short-term rental
permit as provided in the Short -Term Rentals Ordinance; and
WHEREAS, on September 15, 2015, the City Council adopted Ordinance No. 6343, an
urgency ordinance pursuant to California Government Code Section 65858 for the purpose of
imposing a temporary 45 -day moratorium, expiring on October 30, 2015, on the commencement,
establishment and/or operation of new Short -Term Rentals and on any applications for renewal
of Short -Term Rental Permits existing on the date of adoption of Ordinance No. 6343, pending
completion of the city's study of the potential impacts and regulation of Short -Term Rentals, and
possible amendments to the city's zoning ordinance and related provisions of the Code to ensure
that adequate development standards and implementation regulations, including possible repeal
of the Short -Term Rentals Ordinance and related provisions of the Code, were in effect to protect
the public peace, health, safety and/or welfare prior to any decision on future applications for
Short -Term Rentals; and
WHEREAS, on October 20, 2015, the City Council adopted Ordinance No. 6347 for the
purpose of extending all of the terms and provisions of Ordinance No. 6343 for a period of one
hundred eighty-six (186) days so that the interim measure would expire at 11:59 p.m. on
Tuesday, May 3, 2016; and
WHEREAS, on April 12, 2016, the City Council adopted Ordinance No. 6369 for the
purpose of extending all of the terms and provisions of Ordinance No. 6343 for an additional one
(1) year period so that the interim measure would expire at 11:59 p.m. on Wednesday, May 3,
2017; and
WHEREAS, on July 12, 2016, the City Council adopted Ordinance No. 6374 for the
purpose of revising the permit and regulation program for Short -Term Rentals and for the
purpose of establishing, with limited exceptions, that Short -Term Rentals will no longer be
allowable uses in certain zoning districts; and
WHEREAS, on July 12, 2016, the City Council adopted Ordinance No. 6375 for the
purposes of providing for the termination of Short -Term Rentals in certain zoning districts and
providing for a reasonable period of time for the owners of such Short -Term Rentals to amortize
their investments in Short -Term Rentals; and
WHEREAS, termination of short-term rental uses does not prohibit reasonable use of the
dwelling units for all other purposes allowed under applicable laws, rules, and regulations
because only short-term rental uses are prohibited and the affected properties may still be used
for other uses, including permanent residence, rentals in excess of 30 days, lease, sale and other
permitted or conditionally permitted purposes; and
WHEREAS, the City Council determined pursuant to Ordinance No. 6375 that the
owners of properties with Pre -Moratorium Short -Term Rentals would be provided with a
reasonable period of time within which to recoup the costs they reasonably invested for short-
term rental use to the extent such costs could not already have been reasonably recouped during
the period of short-term rental use of the property or recouped once the short-term rental use is
terminated; and
WHEREAS, at the time of the adoption of Ordinance No. 6343, which established a
temporary moratorium on new short-term rentals, the City Council determined that there was an
ever increasing number of residential dwelling units being operated as short-term rentals, which
are essentially commercial uses in residential zones, and residents living in close proximity to the
locations of short-term rentals had concerns about excessive noise, disorderly conduct,
overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse that
required an escalation in responses from police, Code Enforcement and city services; and
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WHEREAS, to date, the use of residential dwelling units within the City of Anaheim as
short-term rentals for lodging or sleeping purposes for periods of less than thirty (30) consecutive
days has escalated the demand for city services and has created adverse impacts to surrounding
residences, including but not limited to incidents involving excessive noise, disorderly conduct,
fear of vandalism, overcrowding, traffic congestion, illegal parking of vehicles, accumulation of
refuse, and code violations; and
WHEREAS, the City of Anaheim views the operation of short-term rentals as essentially
businesses conducted within residential areas, akin to motels or hotels, though motels and hotels
are not permitted in such residential neighborhoods, thus creating an incompatibility with
surrounding residential uses; and
WHEREAS, short-term rental occupants are frequently on vacation visiting the tourist
destinations offered within the City of Anaheim and can include large gatherings and/or groups
in one place, frequent parties, entertaining, use of outdoor pools and spas, and activities that that
may be acceptable to neighbors on an occasional basis but which are perceived to be a nuisance
when they occur frequently, or on a regular basis, resulting from different vacationing groups
occupying a short-term rental unit for short periods throughout the year; and
WHEREAS, residents have expressed concerns relating to the stability and integrity of
their neighborhoods when numerous nearby residences have become short-term rental units
resulting in a continuous transition of occupants with people that they do not know, and have not
formed neighborly relationships with resulting in the impression that they no longer have a stable
neighborhood; and
WHEREAS, residents have similarly expressed concerns relating to the perceived loss of
security when unfamiliar persons appear in their neighborhood as a result of the presence of
short-term rentals, and existing residents are unsure whether these persons pose a danger, thus
undermining the sense of safety the residents have previously come to know and expect in their
neighborhood; and
WHEREAS, this City Council acknowledges the validity of the comments made by a
California appellate court, in the case Ewing v City of Carmel -By -The- Sea (1991) 234
Cal.App.3d 1579, which articulates why a public entity and its residents might disfavor STR
uses, stating:
It stands to reason that the "residential character" of a neighborhood is
threatened when a significant number of homes — at least 12% in this case,
according to the record — are occupied not by permanent residents but by a
stream of tenants staying a weekend, a week, or even 29 days. Whether or not
transient rentals have the other "unmitigatable, adverse impacts" cited by the
council, such rentals undoubtedly affect the essential character of a
neighborhood and the stability of a community. Short-term tenants have little
interest in public agencies or in the welfare of the citizenry. They do not
participate in local government, coach little league, or join the hospital guild.
They do not lead a scout troop, volunteer at the library, or keep an eye on an
elderly neighbor. Literally, they are here today and gone tomorrow — without
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engaging in the sort of activities that weld and strengthen a community. (234
Cal.App.3d at 1591.)
; and
WHEREAS, another California appellate court, in the case of Watts v. Oak Shores
Community Assn., (2015) 235 Cal. App. 4t 466, 470, commented that short-term renters cause
more problems than owners or their guests, including parking, lack of awareness of the rules,
noise, more intense use of common facilities, and abuse of the facilities, and lack of concern with
long-term consequences of abuse; and
WHEREAS, on August 12, 2016, nine (9) individual and corporate plaintiffs, including
the California non-profit corporation the Anaheim Rental Alliance (the "Plaintiffs"), filed suit
against the city in Orange County Superior Court, Case No. 30-2016-00869305-CU-WM-CXC,
Talmadge Price et al. v. City of Anaheim (the "Action"), on behalf of Pre -Moratorium Short -
Term Rental permit holders and tenants, challenging Ordinances Nos. 6374 and 6375 for alleged
violations of municipal, constitutional, statutory and common law, which Action continues to
pend in the Orange County Superior Court; and
WHEREAS, the Plaintiffs in the Action have asserted that as a result of their reliance on
the Short -Term Rentals Ordinance, permit holders collectively invested millions of dollars in
Short -Term Rental properties in the city, paid millions of dollars in transient occupancy taxes to
the city, and, with limited exceptions, diligently and earnestly used their best efforts to comply
with the city's Short -Term Rental regulations; and
WHEREAS, pursuant to the city's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, this City Council has the authority to enact and enforce
ordinances and regulations for the public peace, health, safety and/or welfare of the city and its
residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City of Anaheim is the "lead agency" for the preparation and
consideration of environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA
Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment, because there is no possibility that it may have a significant effect on
the environment, and because it is not a "project," as that term is defined in Section 15378 of the
State CEQA Guidelines; and
WHEREAS, the City Council finds and determines that the regulation of Short -Term
Rental uses in accordance with this ordinance is a matter of city-wide importance and necessary
for the preservation and protection of the public peace, health, safety and/or welfare of the
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community and is a valid exercise of the local police power and in accord with the public
purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Sections 4.05.010 through 4.05.170 of Chapter 4.05 (Short -Term
Rentals) of Title 4 (Business Regulation) of the Anaheim Municipal Code be, and the same is,
hereby amended and restated to read in full as follows:
CHAPTER 4.05 SHORT-TERM RENTALS
Sections:
4.05.010
Title.
4.05.020
Purpose and Intent.
4.05.030
Definitions.
4.05.040
Permit Required; Processing of Pending Applications and
Renewals of Permits.
4.05.050
Agents.
4.05.060
Application Requirements for Processing Pending Applications
and
for Renewal of a Short -Term Rental Permit.
4.05.070
Term of Permit and Renewal.
4.05.080
Denial of Permit.
4.05.090
Application Fees.
4.05.100
Conditions of Permit Issuance and Renewal; Operational
Requirements.
4.05.110
Audit.
4.05.120
Responsibilities of Hosting Platforms.
4.05.130
Violations/Penalties.
4.05.140
Procedure for Imposition of Modification, Suspension and/or
Revocation of Short -Term Rental Permit.
4.05.150
Appeals and Administrative Hearing Procedure for Administrative
Determinations.
4.05.160
Effect of Short -Term Rentals Ordinance on Other Provisions
of Code.
4.05.170
No Vested Rights.
4.05.180
Termination and Amortization of Pre -Moratorium Short -Term
Rentals.
4.05.010 TITLE.
Chapter 4.05 is known as the "Short -Term Rentals Ordinance," may be cited as such, and
will be referred to herein as "this chapter."
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4.05.020 PURPOSE AND INTENT.
The purposes of this chapter are as follows:
A. With the exceptions noted in paragraph "B" below, it is the purpose of this
chapter to establish that short-term rentals will no longer be allowable uses on any
property within Single -Family Residential Zones (as defined in Section 18.04.020 of this
code), Multiple -Family Residential Zones (as defined in Section 18.06.020 of this code),
or any other zoning district in the city, including all underlying or base zones, overlay
zones and adopted specific plans, in which residential uses are a permitted or
conditionally permitted use.
B. It is the purpose of this chapter to provide a permit system for the renewal of
short-term rental permits for (i) those owners who have been authorized to operate a
short-term rental prior to August 11, 2016 and (ii) those owners whose pending
applications for a permit to operate a short-term rental were filed prior to September 16,
2015 and have not yet been approved but may be approved after August 11, 2016, who
desire to continue to operate a short-term rental in accordance with the permit renewal
procedures set forth in this chapter, which categories are hereafter collectively referred to
in this chapter as "Pre -Moratorium Short -Term Rentals." It is the further purpose of this
chapter to provide a permit system for those short-term rentals within the C -G General
Commercial Zone that have been authorized pursuant to a conditional use permit
approved in accordance with the provisions of this code prior to the adoption of the
moratorium on September 15, 2015.
C. For those owners who are eligible and apply for renewal of a short-term rental
permit, as described in paragraph "B" of this Section 4.05.020, whose applications for
renewal are approved by the city, it is the purpose of this chapter to establish and impose
operational requirements and regulations for the use of the aforementioned privately -
owned residential dwellings as short-term rentals in order to reduce the burden on city
services, minimize the negative secondary effects of such use on residential
neighborhoods, and ensure the health, safety and welfare of persons residing in
residential neighborhoods and patronizing short-term rentals.
4.05.030 DEFINITIONS.
The definitions contained in this section shall govern the construction, meaning and
application of words and phrases used in this chapter.
A. "Agent" shall mean a person engaged or appointed by an owner to represent and
act on behalf of an owner (as defined in these definitions) and to act as an operator,
manager and/or local contact person of a dwelling used or to be used as a short-term
rental unit or short-term rental property and designated as such by the owner in
accordance with Section 4.05.050.
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B. "City Manager" shall have the same meaning as Section 600 (City Manager) of
the Charter of the City of Anaheim, and shall include his or her authorized representative.
C. "Dwelling" is defined in Section 18.92.070 ("D" Words, Terms and Phrases) of
Chapter 18.92 (Definitions) of this code. "Dwelling" shall also mean a dwelling unit on
the same parcel as a legally established single-family dwelling that is allowed in the zone
in which located, having its own complete independent living accommodations and
facilities for one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation, in which case only one of said dwelling units may be used
as a short-term rental.
D. "Enforcement officer" shall mean the Planning Director, the Community
Preservation Manager, any Community Preservation Officer, the city's Fire Chief, his or
her authorized representatives, the city's Building Official, his or her authorized
representatives, or any other city department head (to the extent responsible for enforcing
provisions of this code), or any other city employee designated by the Planning Director
or City Manager to enforce this chapter.
E. "Hosting platform" shall mean a person or entity that facilitates a short-term
rental for an owner, and derives revenues therefrom, including without limitation booking
fees, subscription charges or advertising revenues, from such facilitation. "Facilitate"
shall mean without limitation the act of allowing the owner to offer to list or advertise the
short-term rental on the Internet web site provided or maintained by the hosting platform.
A hosting platform does not include any person licensed to practice real estate as defined
in Section 10130 of the California Business and Professions Code.
F. "License Collector" shall have the same meaning as in Section 1.01.305
(Construction—"License Collector") of the code, and shall include his or her authorized
representative.
G. "Local contact person" shall mean a person designated by an owner or the owner's
agent, who, if designated to act as such, shall be available twenty-four (24) hours per day,
seven (7) days per week for the purpose of. (i) being able to physically respond within
forty-five (45) minutes of notification of a complaint regarding the condition, operation
or conduct of occupants of the dwelling, and (ii) taking remedial action necessary to
resolve any such complaints. A local contact person may be the owner or the owner's
agent.
H. "Occupant" shall mean any person who is on or in a short-term rental property
other than service providers or the owner, whether or not the person stays overnight.
I. "Operator" shall mean the owner or the designated agent of the owner who is
responsible for compliance with this chapter.
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J. "Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title
to a dwelling and may sometimes be referred to interchangeably in this chapter as an
"applicant". "Owner" includes a lessee.
K. "Pending application" shall mean an application for a short-term rental permit
filed with the Planning Director prior to September 16, 2015 that has not been approved
or denied by the Planning Director prior to August 11, 2016.
L. "Person" means any individual, firm, partnership, joint venture, association, social
club, fraternal organization, joint stock company, corporation, estate, trust, business trust,
receiver, trustee, syndicate, or any other group or combination acting as a unit.
M. "Planning Director" shall mean the Director of the Planning and Building
Department of the City of Anaheim or his or her authorized representative, including the
License Collector, the Community Preservation Manager and any Community
Preservation Officer or staff so designated by either the Director of the Planning and
Building Department or the Community Preservation Manager to carry out
responsibilities under this chapter.
N. "Rent" shall have the meaning provided in Section 2.12.005.080 of Chapter 2.12
(Transient Occupancy Tax) of this code and, for the purpose of this definition, the term
"operator" shall mean an "owner," as defined in this chapter, who undertakes, maintains,
authorizes, aids, facilitates, advertises, lists or rents a dwelling unit as a short-term rental
within the City of Anaheim.
O. "Responsible person" means the signatory of an agreement for the rental, use and
occupancy of a short-term rental unit, who: (i) shall be at least twenty-one (21) years of
age, (ii) shall be an occupant of the subject short-term rental unit during the term of said
agreement, (iii) shall be legally responsible for ensuring that all occupants of the short-
term rental unit comply with all applicable laws, rules and regulations pertaining to the
use and occupancy of the subject short-term rental unit, and (iv) may be held liable for
any violation of all applicable laws, rules and regulations set forth in this chapter.
P. "Short-term rental" shall mean the rental of a dwelling or a portion thereof, by the
owner to another person or group of persons for occupancy, dwelling, lodging or sleeping
purposes for a period of less than thirty (30) consecutive calendar days. The rental of
units within city -approved hotels, motels, bed and breakfasts, and time-share projects
shall not be considered to be a short-term rental.
Q. "Short-term rental permit" shall mean a permit issued pursuant to the provisions
of this chapter that allows the use of a dwelling as a short-term rental.
R. "Short-term rental property" means a parcel of real property, as shown on the
latest equalized tax assessment roll as maintained by the assessor of the County of
Orange, upon which a short-term rental unit (or units) is (are) maintained. "Short-term
rental property" includes the premises upon which a short-term rental unit is located,
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including parking areas, driveways, landscaping, accessory structures, fences, walls,
swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and
related improvements.
S. "Short-term rental unit" shall mean a dwelling, or any portion thereof, which is
being rented, or is intended to be rented, as a short-term rental to a person or group of
persons.
4.05.040 PERMIT REQUIRED; PROCESSING OF PENDING APPLICATIONS
AND RENEWALS OF PERMITS.
.010 The requirements of this chapter shall be met before a short-term rental permit
is issued in response to a pending application that is approved by the Planning Director
and before a short-term rental permit is renewed. No person shall undertake, maintain,
facilitate, advertise for rent, list or rent a dwelling unit as a short-term rental within the
city that does not comply with the requirements of this chapter.
.020 The Planning Director is authorized to issue short-term rental permits pursuant
to this chapter.
.030 Except for Pre -Moratorium Short -Term Rentals, short-term rentals shall not be
allowed as an allowable use on any property within Single -Family Residential Zones (as
defined in Section 18.04.020 of this code), Multiple -Family Residential Zones (as defined
in Section 18.06.020 of this code), or any other zoning district in the city, including all
underlying or base zones, overlay zones and adopted specific plans, in which residential
uses are a permitted or conditionally permitted use. Further excepted are those short-term
rentals within the C -G General Commercial Zone that have been authorized pursuant to a
conditional use permit approved in accordance with the provisions of this code prior to
the adoption of the moratorium on September 15, 2015, which short-term rentals may
obtain new permits, for which the application and processing shall be in accordance with
such information as the Planning Director deems reasonably necessary for the purposes
of this chapter, and such permits shall be subject to the operational requirements,
provisions for enforcement, violations and penalties, and other requirements of this
chapter. It is unlawful for any person or entity to rent, offer to rent, or advertise for rent a
dwelling or dwellings to a person or group of persons as a short-term rental without a
short-term rental permit approved in accordance with the provisions of this chapter.
.040 The short-term rental of a dwelling is subject to the city's business license
requirements (Chapter 3.04 of this code) and the transient occupancy tax requirements
(Chapter 2.12 of this code).
.050 It is a violation of the chapter for an owner of a dwelling to establish or operate
a short-term rental without first obtaining and maintaining both a valid business license
for each property to be used as a short-term rental pursuant to Chapter 3.04 of this code
and a short-term rental permit for each property to be used as a short-term rental.
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.060 It is a violation of this chapter for any person to establish or operate a short-term
rental in any zoning district in the city unless: (1) an owner has been issued a short-term
rental permit and, after the term of the permit expires, the owner timely applies for and
obtains a renewal thereof and thereafter continues to hold a current short-term rental
permit pursuant to this chapter; or (2) an applicant of a pending application is issued a
short-term rental permit and, after the term of the permit expires, said applicant timely
applies for and obtains a renewal thereof, and thereafter continues to hold a current short-
term rental permit pursuant to this chapter; or (3) the short-term rental is within the C -G
General Commercial Zone and has been authorized pursuant to a conditional use permit
approved in accordance with the provisions of this code prior to the adoption of the
moratorium on September 15, 2015.
.070 Following August 11, 2016, a pending application will continue to be processed
by the Planning Director subject to the procedures, terms, conditions and requirements of
this chapter in effect as of August 11, 2016, as the same may be amended from time to
time, and subject, further, to the following additional terms and conditions:
.0701 The Planning Director shall notify in writing each applicant of a pending
application whether and what supplemental information or documentation will be needed
in order to enable the Planning Director to determine that such application is complete
and complies with the application requirements of this chapter in effect as of August 11,
2016, as the same may be amended from time to time. The Planning Director may
request an additional fee, as set by resolution of the City Council, to defray the costs of
continuing to process a pending application with the supplemental information and
documentation required by the Planning Director. The applicant shall have thirty (30)
calendar days in which to submit needed supplemental information or documentation and
such additional fee as required by the Planning Director.
.0702 Upon receipt of the supplemental information and documentation
requested by the Planning Director pursuant to the immediately preceding paragraph and
a determination by the Planning Director that a pending application remains incomplete
or fails to provide the information and documentation required by this chapter, the
Planning Director shall notify the applicant in writing, and the applicant shall have ten
(10) calendar days (or longer as authorized by the Planning Director) in which to submit
needed supplemental information or documentation as specified by the Planning Director.
.0703 The failure of the applicant of a pending application to timely submit
needed supplemental information or documentation may be cause for denial of the
pending application.
.0704 If a pending application is approved by the Planning Director, the Planning
Director will issue a short-term rental permit, which will be valid from the date of its
issuance up to and including July 31, 2017, at which time said short-term rental permit
shall be of no further force, validity or effect, and use of the dwelling for a short-term
rental that is the subject of said permit shall cease, unless an application for renewal has
been timely filed and thereafter approved by the Planning Director in accordance with
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subsection .080 of this section. This paragraph recognizes that a final determination by
the Planning Director on a pending application may not occur before August 11, 2016,
but that the Planning Director will continue, nevertheless, to process a pending
application in accordance with this subsection .070.
.080 Any owner operating a short-term rental under the permission of a short-term
rental permit duly issued prior to August 11, 2016 who desires to continue operation
under the requirements of this chapter shall submit an application for renewal of a short-
term rental permit to the Planning Director no later than sixty (60) days following August
11, 2016. If such a timely and complete application for renewal is submitted, the short-
term rental permit duly issued, valid and in effect prior to its expiration date shall be
extended until the date a determination is made by the Planning Director to approve or
deny such application for renewal.
.090 Any owner operating a short-term rental under the permission of a short-term
rental permit duly issued under paragraph .0704 or renewed under subsection .080 of this
section, who desires to continue operation under the requirements of this chapter after
July 31, 2017, shall submit an application for renewal of a short-term rental permit to the
Planning Director no later than July 31, 2017 and annually thereafter not later than the
last business day in the month of July of each succeeding year, accompanied by the fee or
fees established by resolution of the City Council. To be deemed complete, a renewal
application shall either include (i) all of the information and documentation required by
this chapter, or (ii) all of the information required on a shortened renewal application on a
form to be provided by the city, or (iii) be otherwise deemed complete by the city. If
such a timely and complete application for renewal is submitted, along with the
applicable fee or fees, the short-term rental permit duly issued, valid and in effect prior to
its expiration date shall be extended until the date a determination is made by the
Planning Director to approve or deny such application for renewal.
.100 All applications for the renewal of a short-term rental permit filed on or after
August 11, 2016 will be processed by the Planning Director subject to the procedures,
terms, conditions and requirements of this chapter in effect as of August 11, 2016, as the
same may be amended from time to time.
.110 Except as otherwise provided for pending applications in subsection .070 of this
section, in the event that the Planning Director determines that an application for renewal
of a short-term rental permit is incomplete or fails to provide the information and
documentation required by this chapter, the Planning Director shall notify the applicant in
writing, and the applicant shall have thirty (30) calendar days (or longer as authorized by
the Planning Director) in which to submit needed supplemental information or
documentation as specified by the Planning Director. The city reserves the right to
request additional information and documentation from an applicant regarding an
application for renewal of a short-term rental permit and to accept responses to requests
for supplemental information or documentation. If a timely and complete application for
renewal of a short-term rental permit is submitted, the short-term rental permit previously
and duly issued, valid and in effect prior to its expiration date shall be automatically
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extended until the date a determination is made by the Planning Director to approve or
deny such application for renewal.
.120 No additions to or alterations of structures on a short-term rental property will
be considered for the purpose of increasing the number of bedrooms or the square footage
of a dwelling in connection with an application for renewal of a short-term rental permit
in excess of the number of bedrooms and the square footage of the dwelling depicted in
the floor plans that were approved for permits issued prior to the adoption of the
moratorium on September 15, 2015, or that were approved for permits during the period
of the moratorium, or that were set forth in pending applications, unless otherwise
permitted pursuant to the short -term -rental process that was utilized by the city prior to
the adoption of the moratorium on September 15, 2015. Remodels that do not add square
footage or bedrooms are not barred by this subsection.
4.05.050 AGENTS.
.010 An owner may retain an agent to comply with the requirements of this chapter,
including, without limitation, (a) filing of supplemental information or documentation for
a pending application on behalf of an owner in accordance with subsection .070 of
section, (b) the filing of a complete application for renewal of a short-term rental permit
that has been signed and notarized by the owner, (c) the management of a short-term
rental property or short-term rental unit, (d) the filing of all reports and remittance of
transient occupancy taxes, and (e) the compliance with the conditions of the short-term
rental permit and the requirements of this chapter. The short-term rental permit shall be
issued only to and in the name of the owner of a short-term rental unit, who shall be
responsible for all requirements of this chapter.
.020 Notwithstanding subsection .010, the owner of a short-term rental unit shall not
be relieved of any personal responsibility or personal liability for non-compliance with
any applicable law, rule or regulation pertaining to the use and occupancy of the subject
short-term rental unit, regardless of whether such non-compliance was committed by the
owner's agent, a local contact person or the occupants of the owner's short-term rental
unit.
4.05.060 APPLICATION REQUIREMENTS FOR PROCESSING PENDING
APPLICATIONS AND FOR RENEWAL OF A SHORT-TERM RENTAL PERMIT.
.010 A permit shall be required for the use of a dwelling in the city as a short-term
rental before undertaking, maintaining, facilitating, advertising for rent, listing or renting
any dwelling to any person as a short-term rental.
.020 Any application required under this chapter shall be submitted to the Planning
Director upon forms provided by the city and signed by the owner under penalty of
perjury. Each application shall contain all of the following information at the time of
filing an application. The owner or the owner's agent, as the case may be, shall promptly,
upon a change of any of the information contained in or accompanying such application,
12
update such information to maintain accuracy.
A. The full legal name, street and mailing addresses, the email address, and the
telephone number of the owner of the dwelling and in all cases where a business entity or
trust is the owner of the dwelling, the individual who has responsibility to oversee the
ownership of the dwelling on behalf of the business entity or trust, including the street
and mailing address, the email address and the telephone number of the individual having
such responsibility.
B. If the owner of a dwelling is a business entity, information and documentation
pertaining to the owner's status with the California Secretary of State.
C. If the "owner" is a lessee where a lessee is offering a dwelling, or any portion
thereof, as a short-term rental, the lessee shall provide (i) the full legal name of the
person(s) or entity(ies) that hold(s) legal title to the dwelling, (ii) the street and mailing
addresses, email address, and telephone number(s) of said person(s) or entity(ies), and
(iii) said written acknowledgement by said person(s) or entity(ies) of his/her/its/their
understanding of all City of Anaheim short-term rental rules and his/her/its/their
agreement that he/she/it/they is/are legally responsible for compliance by all occupants of
the short-term rental unit with all provisions of this chapter and this code and
his/her/its/their liability for any fines incurred by occupants or a responsible person.
D. If the "owner" is a lessee where a lessee is offering a dwelling, or any portion
thereof, as a short-term rental, the person(s) or entity(ies) that hold(s) legal title to a
dwelling that is the subject of a short-term rental permit shall by written agreement with
the city provide that such person(s) or entity(ies) and the subject property shall be subject
to the provisions of Section 2.12.090 (Transient Occupancy Tax a Debt — Civil Action) of
this code for the failure of the owner's lessee to pay transient occupancy tax to the city.
E. The full legal name or business name, the street and mailing address(es), the
email address(es), and the telephone number(s) of the agent, if any, of the owner,
including the owner's written authorization of engagement or appointment of the agent to
act on behalf of the owner.
F. The full name, the email address, and telephone number of the local contact
person, if any, if the local contact person is not also either the owner or the owner's agent.
G. The street address of the dwelling proposed to be used as a short-term rental
unit.
H. A site plan and floor plan accurately and clearly depicting the size and
location of the existing dwelling and the approximate square footage in the dwelling, the
number and location of designated off-street parking spaces and the maximum number of
vehicles allowed for overnight occupants. The floor plan shall describe the use of each
room in the dwelling, the number, location and approximate square footage of all
bedrooms, and any accessory buildings, including but not limited to garages and
13
accessory living quarters, and the maximum number of overnight occupants under the
limitations imposed under paragraph .0111 of subsection .010 of Section 4.05.100 of this
chapter.
1. The permit renewal fee, as set by resolution of the City Council.
J. Written acknowledgement and agreement by the owner that, in the event a
permit is approved and issued, the owner agrees to assume all risk and indemnify, defend
and hold the city harmless concerning the city's approval of the permit, the operation and
maintenance of the short-term rental unit and short-term rental property, and any other
matter relating to the short-term rental unit and short-term rental property, including
without limitation any claim or demand made by the governing body of a homeowners' or
maintenance association having jurisdiction over the subject dwelling in any action or
proceeding in which the city is named or made a party arising out of or connected with
the subject matter of any applicable covenants, conditions and restrictions and/or rules
and regulations, except that the owner shall not be required to indemnify, defend or hold
harmless or be liable for the city's sole negligence or intentional misconduct. It is the
responsibility of the owner and not the city to investigate, verify with the relevant
homeowners' association or maintenance organization, and determine that the use of a
dwelling as a short-term rental does not violate any applicable covenants, conditions and
restrictions or any of the regulations or rules of the homeowners' association or
maintenance organization having jurisdiction in connection with the short-term rental
property. Notwithstanding the city's issuance of a short-term rental permit, the city shall
not have any obligation or be responsible for making a determination regarding whether
or not the issuance of a short-term rental permit or the use of a dwelling as a short-term
rental is permitted under any covenants, conditions and restrictions or any of the
regulations or rules of the homeowners' association or maintenance organization having
jurisdiction in connection with the short-term rental property, and the city shall have no
enforcement obligations in connection with such covenants, conditions and restrictions or
such regulations or rules. If the "owner" is a lessee where a lessee is offering a dwelling,
or any portion thereof, as a short-term rental, the person(s) or entity(ies) that hold(s) legal
title to a dwelling that is the subject of a short-term rental permit shall provide the same
written acknowledgement and agreement as a lessee.
K. Written acknowledgement by the owner and the owner's agent (if any) that
he/she/they have read all regulations pertaining to the operation of a short-term rental,
including this chapter, the city's business license requirements, the city's transient
occupancy requirements, any additional administrative regulations promulgated or
imposed by the Planning Director to implement this chapter, and acknowledging
responsibility for compliance with the provisions of this chapter.
L. Such other information as the Planning Director deems reasonably necessary
to administer this chapter.
M. Except as otherwise provided for renewal applications under subsection .090
of Section 4.05.040, an owner must provide the information and documentation required
14
by this subsection .020 in any application or renewal application.
.030 The Planning Director shall review each pending application and application for
renewal of a duly issued permit for completeness and accuracy before it is accepted as
being complete and officially fled. The Planning Director's determination of
completeness shall be based on the aforementioned list of required application contents
and any additional information determined by the Planning Director to be necessary to
determine conformance with this chapter.
.040 An application may be denied if a short-term rental permit for the same
dwelling and issued to the same owner has expired or previously has been revoked.
.050 Except for a pending application, which shall be governed by the provisions of
subsection .070 of Section 4.05.040, the applicant for the renewal of a duly issued short-
term rental permit shall be notified in writing of any revisions or additional information
required and shall submit the requested information to the Planning Director within thirty
(30) calendar days after the date of notice. Failure to submit the required information
within the thirty (30) day period may be cause for denial of the renewal application.
.060 The Planning Director may require an on-site inspection of the property to be
performed by an enforcement officer during daytime business hours before confirming
that the application complies with all of the applicable criteria and provisions of this
chapter.
.070 A pending application or an application for renewal of a duly issued permit shall
be granted upon payment of the required fee and timely submittal of a completed
application that satisfies all of the conditions for renewal or permit issuance; provided
that the short-term rental permit for the property has not been revoked and is not the
subject of a revocation proceeding, and providing there are no building, electrical,
plumbing, mechanical, fire, health, police or other code enforcement violations that
involve a risk to public or private health or safety (in such event issuance of the permit or
the permit renewal may be delayed until the risk to public or private health or safety is
resolved).
.080 If the Planning Director determines that an applicant for a pending application
or an applicant for renewal of a short-term rental permit has satisfied the application
requirements, including payment of fees established by the City Council by resolution,
the Planning Director shall issue a permit (for pending applications) and, for properties
that had legal permits, a renewal permit, the issuance of which shall be conditioned upon
compliance with the conditions identified by the Planning Director in the permit and
subject to compliance with the operational requirements of Section 4.05. 100 and with all
other terms, conditions and requirements of this chapter and the code. If a permit in
response to a pending application or an application for renewal of a duly issued short-
term rental permit is not issued, the Planning Director will notify the applicant in writing.
The notice will set forth the Planning Director's reasons for denial and the procedures for
an appeal of the Planning Director's determination.
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.090 As a part of the approval of a pending application or the renewal of a short-term
rental permit, the Planning Director may impose such conditions in connection with the
permit as he or she deems necessary in order to fulfill the purposes of this chapter and
may require reasonable guarantees and evidence that such conditions will be satisfied.
.100 Upon issuance of a short-term rental permit in response to a pending application
or an application for renewal of a duly issued short-term rental permit, the owner shall
comply with all requirements of the business license provisions and transient occupancy
tax provisions of this code for the short-term rental unit.
.110 Within fourteen (14) calendar days of a change of ownership of a short-term
rental property, the new owner or the new owner's agent shall submit to the Planning
Director an application for a transfer of a short-term rental permit, accompanied by the
payment of such fee or fees as may be established by resolution of the City Council.
Such application shall contain all of the information set forth in subsection .020 of this
section and shall be accompanied by payment of the requisite fee for the processing of
the transfer application, as set by resolution of the City Council. If such a timely and
complete transfer application is submitted, the short-term rental permit duly issued, valid
and in effect prior to its expiration date, shall be extended until the date a determination is
made by the Planning Director to approve or deny such application. No purchaser of the
real property upon which the permitted short-term rental is located shall operate a short-
term rental under the permitted owner's short-term rental permit if a completed transfer
application is not submitted within the fourteen (14) day period. Failure to timely submit
the required complete application within the fourteen (14) day period may be cause for
denial. Likewise, any building, electrical, plumbing, mechanical, fire, health, police or
code enforcement matter involving a risk to public or private health or safety, including
any notices of violation, notices to cure, orders of abatement, cease and desist orders, or
correction notices, may be cause for denial of an application for a transfer of a short-term
rental permit if not cured within a reasonable period of time, not to exceed thirty (30)
days, after the date on a notice from the Planning Director to the owner to do so, unless a
further extension is granted in writing by the Planning Director.
.120 At any time during the pendency of a short-term rental permit, the owner shall
promptly, upon a change in any material facts set forth in the application for a short-term
rental permit or a renewal thereof, including, but not limited to, a change of the owner's
agent or local contact person, update such information to maintain accuracy.
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4.05.070 TERM OF PERMIT AND RENEWAL.
.010 A short-term rental permit or renewal thereof issued under the authority of this
chapter shall be valid from the date of its issuance until the first to occur of July 31 in the
year issued (i.e., the "expiration date") set forth on the permit or the revocation date. A
short-term rental permit shall be of no further force, validity or effect, and use of a
dwelling for short-term rental purposes shall cease, upon the first to occur of the
expiration date or revocation date of the short-term rental permit, unless renewed
pursuant to Section 4.05.040 of this chapter. Upon the lapse of a short-term rental permit
because of expiration, a failure to renew, or because revocation has occurred, the owner
of the property which was the subject of the permit or his/her heirs, successors or assigns
shall have no further right to apply for or obtain a short-term rental permit or to
undertake, maintain, facilitate, advertise for rent, list, rent or use said dwelling and/or the
property as a short-term rental.
.020 A short-term rental permit shall not run with the land. The permission to
operate a short-term rental under this chapter shall be personal and limited to the owner
to whom the city issued the permit, including a person who acquires a short-term rental
permit by application for a change of ownership in accordance with subsection .110 of
Section 4.05.060 of this chapter.
.030 No person shall convey or attempt to convey a short-term rental permit from
one property to another property. Any attempt to convey a short-term rental permit from
one property to another property shall be void and shall constitute a violation of this
chapter.
.040 No person shall transfer or attempt to transfer a short-term rental permit to any
other person, except as authorized by this subsection and subsection .110 of Section
4.05.060 of this chapter. A person may acquire a short-term rental permit from an owner
if that person acquires the property, which, in the case where an "owner" is a lessee,
would include a leasehold interest, that is subject to a short-term rental permit and the
owner or the owner's agent submits a transfer application and requisite application fee in
accordance with subsection .110 of Section 4.05.060 of this chapter. Any attempt to
transfer a short-term rental permit in violation of this subsection shall be void and shall
constitute a violation of this chapter. Likewise, any attempt to operate a short-term rental
use under a short-term rental permit transferred in violation of this subsection shall
constitute a violation of this chapter.
.050 If an owner desires to renew a short-term rental permit, an owner must apply for
and renew a short-term rental permit annually, indicating at renewal any changes to the
information or requirements set forth in Section 4.05.060, above. The application for
renewal must be filed not later than the expiration date set forth on the permit. The
application for renewal shall be upon a form provided by the Planning Director and
accompanied by payment of a permit renewal fee set by resolution of the City Council.
060 The application for renewal shall be processed and acted upon in the same
17
manner and be subject to the requirements of this chapter.
.070 Prior to expiration of a short-term rental permit, the owner may voluntarily
cancel the permit by notifying the Planning Director in writing of the intent to cancel the
permit. The permit shall become void upon the earlier to occur of the date specified by
the owner or the expiration of the permit. Thereafter, the subject property shall no longer
be used or capable of being used as a short-term rental.
.080 The Planning Director shall approve the renewal of a short-term rental permit if
the Planning Director finds that no circumstances existed during the term of the permit
which would cause a violation to continue to exist, and that at the time of submission of
the application for renewal, or at any time during the processing of the application for
renewal, the application meets the conditions of permit issuance pursuant to Sections
4.05.040 and 4.05.060 and the operational requirements of Section 4.05.100. Such
approval shall be conditioned upon and subject to compliance with the conditions
identified by the Planning Director in the renewal, the operational requirements of
Section 4.05.100, and with all other terms, conditions, and requirements of this chapter
and the code.
4.05.080 DENIAL OF PERMIT.
No pending application or application for renewal of a duly issued short-term
rental permit shall be denied if the application meets the conditions of permit issuance
pursuant to Sections 4.05.040, and 4.05.060 and the operational requirements of Section
4.05.100, unless a short-term rental permit issued to the same owner for the short-term
rental unit has been revoked or is in the process of being revoked pursuant to Section
4.05.130, or unless the terms, conditions, rules, or regulations relating to short -term -
rental use are modified by other ordinances, resolutions, or measures that provide for
denial on other grounds or that provide for termination of some or all short -term -rental
uses. The Planning Director's determination on the issuance or denial of a short-term
rental permit in response to a pending application or a renewal of a duly issued short-term
rental permit may be appealed in accordance with the appeal and hearing provisions of
Section 4.05.150 of this chapter.
4.05.090 APPLICATION FEES.
Applications required under this chapter shall be accompanied by the fee or fees
established by resolution of the City Council.
4.05.100 CONDITIONS OF PERMIT ISSUANCE AND RENEWAL;
OPERATIONAL REQUIREMENTS.
.010 All permits and renewals issued pursuant to this chapter are subject to the
following requirements:
0101 The owner shall ensure that the short-term rental property and short-term
18
rental unit(s) comply with all applicable codes regarding fire, building and safety, health
and safety, and all other relevant laws, regulations and ordinances and obtain all permits
required and pay all applicable fees.
.0102 The short-term rental property and short-term rental unit(s) must be in
compliance with all applicable codes regarding fire, building and safety, health and
safety, and all other relevant laws, regulations and ordinances prior to permit issuance or
renewal and at all times during the pendency of a short-term rental permit.
.0103 The owner shall permit an enforcement officer to conduct an inspection of
the premises of a short-term rental unit and short-term rental property to confirm
compliance with this chapter, including the requirements of this paragraph. No inspection
shall occur that is inconsistent with an individual's Fourth Amendment rights under the
United States Constitution or otherwise in violation of rights guaranteed by law. Each
dwelling must satisfy the following requirements to the satisfaction of the city:
(a) The property address shall be visible from the street and in contrasting colors
for quick identification by emergency responders, day or night.
(b) Smoke alarms shall be installed in all habitable areas except the kitchen in
accordance with the Anaheim Building Code. The owner shall be responsible for testing
and maintaining the smoke alarms.
(c) At least one 2A: IOBC-rated portable fire extinguisher (State Fire Marshal
approved design) shall be installed in plain sight and within easy reach on each floor of a
dwelling. The owner shall be responsible for replacement or recharge after each use.
The fire extinguisher shall be fully charged at all times.
(d) One or more carbon monoxide devices meeting the standards of Section
13262 of the California Health and Safety Code shall be installed in common stairways
and hallways. The owner shall be responsible for testing and maintaining the carbon
monoxide devices.
(e) An automatic fire sprinkler system approved by the State Fire Marshal shall
be installed no later than August 11, 2021 in a dwelling having an occupancy permitted
under this chapter of more than ten (10) persons. The owner shall apply for and obtain all
permits required for the installation and pay all required fees. The owner shall be
responsible for testing and maintaining the fire sprinkler system. If an owner agrees to a
restriction in the short-term rental permit limiting the occupancy to ten or fewer
occupants, even though the bedroom count would allow more occupants, the automatic
sprinkler system requirement shall not apply.
(f) An exit/egress and an emergency evacuation map printed in type and size
approved by the city's Fire Chief or his or her authorized representative shall be displayed
in a prominent location on each floor used for sleeping purposes and on the interior or
back side of each bedroom door.
19
(g) An informational packet of emergency numbers shall be prepared for and
provided to occupants to direct them in the event of an emergency.
(h) Exterior gates leading to and from the front, side and/or back yards shall not
be padlocked.
(i) Hallway doors and exit doors shall not be obstructed or otherwise prohibited
from fully opening.
0) If a short-term rental unit that has not installed an automatic fire sprinkler
system may be rented to any person whose overnight occupants include a person who is
"non-ambulatory" (as defined in Chapter 2 of the California Fire Code), there will be at
least one bedroom that meets the following requirements: exiting from a short-term rental
unit shall be provided by way of an exterior exit door from that bedroom unless (1)
occupants are able to exit from that bedroom without entering a hallway through a door
into an adjoining bedroom or other room that has an exit to the exterior of the dwelling,
or (2) occupants are able to exit from that bedroom through a hallway to a room adjoining
the hallway that has an exit to the exterior of the dwelling; however, a door is required in
the hallway, which hallway door shall open in the direction of travel and have a self -
closure and be a 1-3/8 inch solid core. The owner shall apply for and obtain all permits
required for the installation and pay all required fees. The requirements of this paragraph
0) must be met by August 11, 2021.
(k) No double -keyed dead bolt locks may be installed on exit doors.
(1) Dwellings with swimming pools, as defined in Chapter 2 of the California
Building Code, shall have gates that conform to the specifications and requirements of
Section 3109.4.1.7 (entitled "GATES") of the California Building Code.
The time limits within which to satisfy one or more of the requirements provided
in this subsection .0103 may be extended by the enforcement officer responsible for
enforcing the requirements of this subsection .0103 upon written application made by an
owner to the Fire Chief and upon the showing of good cause therefor to the satisfaction of
the Fire Chief. In addition, upon written application of an owner made to the Fire Chief
and showing good cause demonstrating that strict application of a specific requirement in
this subsection .0103 will deprive the owner of benefits that owners of most other short-
term rentals in the city are able to enjoy, the Fire Chief may, in the Fire Chief's sole and
absolute discretion, modify, waive, adjust or grant an exception to said requirements.
.0104 The city shall have the authority to conduct random inspections of a short-
term rental property and short-term rental unit(s) as the Planning Director deems
necessary or prudent to ensure compliance with the provisions of this chapter, including
without limitation, based upon any complaints or violations that occur or prior to a
renewal of a permit. No inspection shall occur that is inconsistent with an individual's
Fourth Amendment rights under the United States Constitution or otherwise in violation
20
of rights guaranteed by law.
.0105 (a) While a short-term rental unit is rented, the owner, the owner's agent
and/or a local contact person shall be available by telephone twenty-four (24) hours per
day, seven (7) days per week to respond to complaints regarding the use, condition,
operation or conduct of occupants of a short-term rental unit. The owner, the owner's
agent, and/or a local contact person must be on the premises of the short-term rental at
the request of an enforcement officer or the city's Police Department within forty-five
(45) minutes of contact to satisfactorily correct or take remedial action necessary to
resolve any complaint, alleged nuisance or violation of this chapter by occupants
occurring at the short-term rental property. Failure of the owner, the owner's agent,
and/or a local contact person to respond to calls or complaints in a timely and appropriate
manner shall be grounds for imposition of penalties as set forth in this chapter.
(b) Within ten (10) calendar days following (i) the issuance of a short-
term rental permit in response to a pending application under paragraph .0704 of Section
4.05.040, (ii) the issuance of a renewal permit, and/or (iii) the approval of a transfer
application under subsection .110 of Section 4.05.060, the owner shall mail or personally
deliver in writing the following information to the owners and occupants of properties
contiguous to and directly across the street (or alley or other right-of-way) from the short-
term rental property: the name and telephone number of the person, whether the owner,
the owner's agent or the local contact person, who shall be available twenty-four (24)
hours per day, seven (7) days per week to respond to complaints regarding the use,
condition, operation or conduct of occupants of a short-term rental unit. Thereafter,
within thirty (30) days of the occurrence of the events described in (i), (ii) or (iii), the
owner shall sign under penalty of perjury, and submit to the Planning Director, a dated
written certification that the required mailing or delivery was completed. At any time
during the pendency of a short-term rental permit such information changes, the owner
shall promptly mail or personally deliver in writing the updated information to maintain
accuracy and shall also promptly submit to the Planning Director a signed (under penalty
of perjury) and dated written certification that the required mailing or delivery of the
updated information was completed.
.0106 All off-street parking required by this chapter shall conform to the
provisions of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42
(Parking and Loading) of this code; provided, however, that required off-street parking
spaces may be in tandem to other off-street parking spaces, or in some other location
and/or configuration, if approved by the Planning Director in his or her sole and absolute
discretion in accordance with subsection .030 of Section 4.05. 100 of this chapter.
.0107 During periods that the short-term rental property is being used as a short-
term rental by occupants, no recreational vehicle or other vehicle used or designed for use
as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo container, or
personal water craft may be parked at or on the short-term rental property or on the street,
unless it belongs to the owner, the owner is also physically occupying the short-term
rental property during that period, and is not being used by short-term rental occupants.
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.0108 Short-term rental property(ies) and short-term rental unit(s) shall be used
only for overnight lodging accommodations. At no time shall a short-term rental unit or
short-term rental property be used for activities in excess of the occupancy limits
established in paragraph .0111 or for weddings, receptions, parties, commercial
functions, advertised conferences, or other similar assemblies that are separate from the
purpose of lodging.
.0109 All advertising appearing in any written publication or on any website that
promotes the availability or existence of a short-term rental shall include the city -issued
permit number (REG ID#) as part of the rental offering. No person shall advertise the
use of a dwelling as a short-term rental unless the city has approved a short-term rental
permit pursuant to this chapter.
.0110 The duration of any rental of a dwelling as a short-term rental shall be for a
minimum of three (3) consecutive nights. In any advertising concerning the availability
of a dwelling as a short-term rental, the owner or owner's agent shall advertise the
minimum number of rental nights set forth in this paragraph and the maximum number of
occupants allowed to occupy the short-term rental.
.0111 Until January 1, 2017, the occupancy limits for a short-term rental shall be
as set forth in paragraph .0112 of subsection .010 of Section 4.05. 100 of this chapter in
effect prior to August 11, 2016. Thereafter, commencing January 1, 2017, the owner
shall limit occupancy of a short-term rental property to a specific number of occupants.
The following table sets forth the maximum number of occupants:
Number of Bedrooms Total nccunonta
0 -Studio
2
1
4
2
7
3
9
4
11
5
13
6
15
7
17
8
19
For any dwelling having more than eight (8) bedrooms, the maximum number of
occupants shall not exceed nineteen (19) persons. If the short-term rental permit limits
occupancy to a number less than that shown on the table, the limit in the permit shall
govern.
.0112 All vehicles of occupants of a short-term rental unit shall be parked only in
an approved driveway or garage on the short-term rental property; except that the owner
of a short-term rental property may also purchase one (1) parking permit or placard from
the city that can be used by, and must be visibly displayed inside the vehicle of, the short -
22
term rental unit occupant, allowing no more than one (1) occupant vehicle to park on a
public street where parking is otherwise legal. For those streets of the city governed by
permit parking districts, the owner of a short-term rental property may purchase one
(1) parking permit or placard from the city that can be used by, and must be visibly
displayed inside the vehicle of, the short-term rental unit occupant, allowing no more
than one (1) occupant vehicle to park on a public street in that particular permit district.
The maximum number of vehicles allowed on a short-term rental property shall be
limited to the number of available off-street parking spaces; however, such property must
have a minimum of two (2) off-street parking spaces. The owner shall provide access to
the garage of the dwelling if that area has been included in the determination of the
number of available off-street parking spaces pursuant to this chapter. In no event shall
off-street parking include the use of landscaped areas, any private or public sidewalk,
parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-
term rental property or the blocking of the driveway or street in front of said property.
The term "sidewalk" shall include that portion of a driveway that is delineated for
pedestrian travel or is in the public right-of-way.
.0113 No on-site exterior signs shall be posted advertising the availability of a
short-term rental at the short-term rental property.
.0114 The business license or copy thereof shall be prominently displayed in a
visible interior location at the short-term rental property during any periods of occupancy
thereof by any person other than the owner(s) of the dwelling.
.0115 .0115 If an enforcement officer has received a complaint concerning a
suspected violation of this chapter or of the code or any applicable law, rule, or regulation
pertaining to the use or occupancy of a short-term rental unit, or if the enforcement
officer has reason to believe that such a violation has occurred, the enforcement officer
may notify the owner, the owner's agent and/or the local contact person of the complaint
or suspected violation and the notified person shall cooperate in facilitating the
investigation and the correction of the suspected violation. Failure of the owner, the
owner's agent and/or the local contact person to affirmatively respond to the officer's
request within 45 minutes by reasonably cooperating in facilitating the investigation and
the correction of the suspected violation shall be deemed to be a major violation of this
chapter. Notwithstanding the foregoing, it is not intended that an owner, the owner's
agent or the local contact person act as a peace officer or place himself or herself in an at -
risk situation.
.0116 The owner, the owner's agent and the local contact person shall use
reasonably prudent business practices to ensure that the occupants of a short-term rental
unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or
violate any applicable law, rule or regulation pertaining to the use and occupancy of the
subject short-term rental unit.
.0117 No musical instrument, phonograph, loudspeaker, amplified or reproduced
sound, or any machine or device for the production or reproduction of any sound shall be
used outside or be audible from the outside of a short-term rental unit between the hours
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of 10 p.m. and 9 a.m.
.0118 The hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet
time," so that no outdoor activity will disturb the peace and quiet of the neighborhood
adjacent to a short-term rental property or cause discomfort or annoyance to any
reasonable person of normal sensitivity residing in the area. It shall constitute a major
violation if any occupants engage in outdoor activities on a short-term rental property
between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues,
swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related
improvements or play equipment, or if any occupants engage in outdoor parties, outdoor
singing, shouting, clapping or other activities generally associated with partying or if
occupants engage in any outdoor drunk or disorderly conduct during those hours. Any
other outdoor conduct between the hours between 10:00 p.m. and 9:00 a.m. that disturbs
the peace and quiet of the neighborhood adjacent to a short-term rental property or causes
discomfort or annoyance to any reasonable person of normal sensitivity residing in the
area, shall constitute a minor violation. It is not a violation for an occupant to merely be
out of doors during quiet time hours, so long as there is no conduct that disturbs the peace
and quiet of the neighborhood adjacent to a short-term rental property or causes
discomfort or annoyance to any reasonable person of normal sensitivity residing in the
area. The owner shall post signs of a size, type and at a location (or locations) acceptable
to the Planning Director near all doors leading to the exterior of a short-term rental unit,
advising occupants of "quiet time."
.0119 Trash and refuse shall not be left stored within public view, except in
proper containers for the purpose of collection by the responsible trash hauler and
between the hours of 5:00 p.m. the day before and 12:00 midnight the day of the
scheduled trash collection. The owner of a short-term rental property shall provide
sufficient trash collection containers and service to meet the demand of the occupants.
The short-term rental property shall be free of debris both on-site and in the adjacent
portion of the street.
.0120 Prior to occupancy pursuant to each separate occasion of rental of a
short-term rental unit, the owner or the owner's agent shall enter into a written
rental agreement with a responsible person which establishes and sets out the
terms and conditions of the rental agreement and requires the responsible person
to (1) provide his or her name, age, address, and driver's license number or
passport number and agree to be accessible to the owner, the owner's agent and
the local contact person (if any) by telephone at all times, and (2) acknowledge
his or her understanding of all City of Anaheim short-term rental rules and agree
that he or she is liable for any fines incurred by occupants and legally responsible
for compliance by all occupants of the short-term rental unit with all provisions of
this chapter and this code. Said written rental agreement shall also include the
following terms, notifications and disclosures, a copy of which rental agreement
shall be given to each occupant and shall also be posted in a conspicuous location
inside the short-term rental unit and shall be readily available for review upon
inspections conducted by any enforcement officer or the city's Police Department
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pursuant to this chapter:
(a) The maximum number of occupants that are permitted and
notification that failure to conform to the maximum occupancy is a violation of
this chapter.
(b) The number of off-street parking spaces provided on the short-
term rental property and the maximum number of vehicles that are permitted,
along with the number of any permits for parking on the public street, with the
requirement to visibly display those permits in the vehicles, and a summary of all
applicable parking rules.
(c) The trash pick-up day(s) and applicable rules and regulations
pertaining to leaving or storing trash on the exterior of the short-term rental
property.
(d) Notification that occupants may be cited or fined by the city
and/or that the owner or the owner's agent has the right to immediately terminate
the rental agreement and immediately evict the responsible person and all
occupants upon any violation of this chapter or the code by any occupant.
(e) The name of the owner's agent and the name of the local
contact person (if any) and a telephone number at which those persons may be
reached at all times and 9-1-1 Emergency information.
(f) Notification of the city's Loud and Unreasonable Noise
Ordinance (Chapter 6.73 (Provision of Police Services at Loud Parties or Other
Events) of the code), which restricts excessive noise between the hours of 10 p.m.
and 7 a.m.
(g) A clear and conspicuous statement that occupants must obey
the requirements set forth in this chapter even if these requirements are more strict
than the applicable covenants, conditions and restrictions or other rules or
regulations of the governing body of any homeowners' association or
maintenance organization having jurisdiction over the short-term rental property.
(h) A summary of any applicable covenants, conditions and
restrictions and rules and regulations, including pool location and hours, of the
governing body of any homeowners' or maintenance association having
jurisdiction over the short-term rental property. It is the responsibility of the
owner and not the city to investigate, verify with the relevant homeowners'
association or maintenance organization, and determine that the use of a dwelling
as a short-term rental does not violate any applicable covenants, conditions and
restrictions or any of the regulations or rules of the homeowners' association or
maintenance organization having jurisdiction in connection with the short-term
rental property. Notwithstanding the city's issuance of a short-term rental permit,
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the city shall not have any obligation or be responsible for making a
determination regarding whether or not the issuance of a short-term rental permit
or the use of a dwelling as a short-term rental is permitted under any covenants,
conditions and restrictions or any of the regulations or rules of the homeowners'
association or maintenance organization having jurisdiction in connection with
the short-term rental property, and the city shall have no enforcement obligations
in connection with such covenants, conditions and restrictions or such regulations
or rules.
(i) A copy of this chapter of the code, as the same may be
amended from time to time.
0) Notification that no musical instrument, loudspeaker, amplified
or reproduced sound, or any machine or device for the production or reproduction
of any sound shall be used outside or be audible from the outside of a short-term
rental unit between the hours of 10:00 p.m. and 9:00 a.m.
(k) Notification that the hours between 10:00 p.m. and 9:00 a.m.
are considered to be "quiet time," so that no outdoor activity will disturb the
peace and quiet of the neighborhood adjacent to a short-term rental property or
cause discomfort or annoyance to any reasonable person of normal sensitivity
residing in the area. It shall constitute a major violation if any occupants engage
in outdoor activities on a short-term rental property between the hours of 10:00
p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools,
hot tubs, spas, tennis or paddleboard courts, or other similar and related
improvements or play equipment, or if any occupants engage in outdoor parties,
outdoor singing, shouting, clapping or other activities generally associated with
partying or if occupants engage in any outdoor drunk or disorderly conduct during
those hours. Any other outdoor conduct between the hours between 10:00 p.m.
and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a
short-term rental property or cause discomfort or annoyance to any reasonable
person of normal sensitivity residing in the area, shall constitute a minor violation.
It is not a violation for an occupant to merely be out of doors during quiet time
hours, so long as there is no conduct that disturbs the peace and quiet of the
neighborhood adjacent to a short-term rental property or causes discomfort or
annoyance to any reasonable person of normal sensitivity residing in the area.
(1) Notification that if an enforcement officer investigates a
suspected violation pertaining to the use or occupancy of a short-term rental unit,
the owner, the owner's agent and/or the local contact person, upon the officer's
request to cooperate in facilitating the investigation and correction of the
suspected violation, is required to affirmatively respond to the officer's request
within 45 minutes by reasonably cooperating in facilitating the investigation and
the correction of the suspected violation and failure to do so is a major violation
of Chapter 4.05 (Short -Term Rentals) of the Anaheim Municipal Code.
c
.0121 It is unlawful for any owner, occupant, renter, lessee, person present upon,
or person having charge or possession of a short-term rental to make or continue or 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 sensitivity residing in the area, or violates any provision of
the city's Loud and Unreasonable Noise Ordinance (Chapter 6.73 (Provision of Police
Services at Loud Parties or Other Events) of this code).
.0122 The owner, the owner's agent and the local contact person shall ensure that
the occupants of a short-term rental unit do not create unreasonable noise or disturbances,
engage in disorderly conduct, or violate provisions of this code or any state law
pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the
use of illegal drugs. Owners, owners' agents and local contact persons are expected to
take any measures necessary to abate disturbances, including, but not limited to, directing
the occupants of a short-term rental unit to cease the disturbing conduct, calling for law
enforcement services or enforcement officers, removing the occupant(s), or taking any
other action necessary to immediately abate the disturbance.
.0123 Unless the garage of the dwelling has been included in the calculation of
the number of available off-street parking spaces pursuant to this chapter, a garage may
be used by the owner and occupants of a short-term rental as a game room in accordance
with the city's requirements therefor; provided, however, that (a) no couches or other
furniture designed for use as, or conducive to, sleeping accommodations shall be located
inside a garage; (b) no independent living accommodations and facilities (including
provisions for living, sleeping, eating, cooking and sanitation) shall be located inside a
garage; (c) the garage door must be kept closed and the Planning Director may require
soundproofing of the garage as a condition of permit issuance on the basis of
substantiated complaints of noise emanating from the garage; (d) a garage may not be
used at any time for sleeping purposes; (e) a garage may not be permanently modified to
preclude its future use for the parking of vehicles; and (f) a garage may not be used as a
game room between the hours of 10:00 p.m. and 9:00 a.m.
.0124 All short-term rentals shall be subject to the city's transient occupancy tax,
as required by Chapter 2.12 (Transient Occupancy Tax) of this code.
.020 The Planning Director shall have the authority at any time to impose additional
conditions on the use of any short-term rental unit and/or property to ensure that any
potential secondary effects unique to the subject short-term rental unit or property are
avoided or adequately mitigated.
.030 The Planning Director is authorized to modify the standard conditions upon
request of an owner or an owner's agent based on site-specific circumstances for the
purpose of allowing accommodation of a short-term rental unit and/or property. All
requests must be in writing and shall identify how the strict application of one or more of
the standard conditions create an actual and unreasonable hardship to a property such
that, if the requirement is not modified, reasonable use of the property for a short-term
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rental would not be allowed. Any hardships identified must relate to physical constraints
to the short-term rental property and shall not be self-induced or economic. Any
modifications of the standard conditions shall not further exacerbate an already existing
problem. In addition, the Planning Director is authorized to modify the standard
conditions for a dwelling with a short term rental permit duly issued prior to the adoption
of the moratorium on September 15, 2015 to accommodate for physical changes that
added square footage or converted existing space to bedrooms pursuant to city building
permits approved on or after the adoption of the moratorium on September 15, 2015. A
request for such a modification must be in writing, identify the actual and unreasonable
hardship to the owner that would occur if the accommodation is not allowed, and provide
such other supplemental information as may be required by the Planning Director. The
Planning Director shall only allow modifications which are consistent with the purpose
and intent of this chapter.
4.05.110 AUDIT.
Each owner, owner's agent or representative of any owner (i) shall provide to the
Planning Director or the Planning Director's authorized representative such records
relating to the use and occupancy of the short-term rental unit, and (ii) shall cooperate in
the conduct of inspections of the short-term rental unit, as may be reasonably requested
by the Planning Director or the Planning Director's authorized representative, to
determine that the objectives and conditions of this chapter are met.
4.05.120 RESPONSIBILITIES OF HOSTING PLATFORMS.
.010 No Listing or Advertisement of Unpermitted Short -Term Rental. No hosting
platform shall list or advertise a short-term rental for which the city has not issued a
permit. Upon written or electronic notification from the city that the city has not issued a
permit for a short-term rental which is listed or advertised on the Internet web site
provided or maintained by a hosting platform, the hosting platform shall discontinue and
remove the listing or advertisement within ten (10) calendar days from the transmittal
date of the notification. The hosting platform thereafter shall not list or advertise the
short-term rental without written certification from the city that the required permit has
been issued.
.020 No Facilitation of Violation of Law. A hosting platform shall not otherwise
facilitate (see Section 4.05.030 E. of this chapter) the occupancy of a short-term rental if
the occupancy will violate any ordinance, regulation or law of the city.
.030 Conformance to Law. The provisions of this section 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 any such law(s).
4.05.130 VIOLATIONS/PENALTIES.
010 Administrative Citation. In addition or as an alternative to any other remedy
W.
provided by state law or this code, the city, the city's Police Department or an
enforcement officer may issue a civil citation to the owner, the owner's agent, the local
contact person, the responsible person, or the hosting platform if there is any violation of
this chapter or the code committed, caused or maintained by such person or entity. When
a violation occurs, it is not required that a warning or notice to cure must first be given,
before a citation may be issued. All complaints for any violation of this chapter may be
handled by either the city's Police Department or enforcement officers on a twenty-four
(24) hour basis. Any police report where the city's Police Department has concluded that
a violation of this chapter has occurred, may be submitted to the city's Community
Preservation Manager for review, processing and issuance of a civil citation. Each and
every day, or portion thereof, that a violation of this chapter exists constitutes a separate
and distinct violation for which a civil citation may be issued. Such a civil citation shall
be issued, notice given, and any appeals heard by the processes and in the manner
prescribed by Chapter 1.20 (Civil Citations) of this code.
.0101 Responsible Person. The city may issue and the responsible person for
each short-term rental may receive a civil citation for any violation of this chapter as
follows:
(1) A two hundred dollar ($200.00) fine for each minor offense;
(2) A five hundred dollar ($500.00) fine for each major offense.
.0102 Owner, Owner's Agent or Local Contact Person. The city may issue and
the owner, the owner's agent or the local contact person may receive a civil citation for
any violation of this chapter or the code by the owner, the owner's agent, the local
contact person, the responsible person or the occupants of the owner's short-term rental as
follows:
(1) First offense a two hundred dollar ($200.00) fine for a minor offense and
one thousand dollar ($1,000.00) fine for a major offense;
(2) Second offense within any continuous period of twelve (12) consecutive
months in connection with the same short-term rental property — a four hundred dollar
($400.00) fine if the offense is a minor offense and a one thousand five hundred dollar
($1,500.00) fine if the offense is a major offense;
(3) Third and fourth offenses within any continuous period of twelve (12)
consecutive months in connection with the same short-term rental property a one
thousand dollar ($1,000.00) fine if the offense is a minor offense and a two thousand five
hundred dollar ($2,500.00) fine if the offense is a major offense, and if the offense is a
major offense, the penalty of revocation of the short-term rental permit pursuant to
Section 4.05.130 of this code shall also be applicable;
(4) Fifth and subsequent offenses within any continuous period of twelve (12)
consecutive months in connection with the same short-term rental property — a one
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thousand five hundred dollar ($1,500.00) fine if the offense is a minor offense and a three
thousand dollar ($3,000.00) fine if the offense is a major offense, and if the offense is a
major offense, the penalty of revocation of the short-term rental permit pursuant to
Section 4.05.130 of this code shall also be applicable;
(5) Any offense occurring during any permit revocation period — a two thousand
five hundred dollar ($2,500.00) fine;
.0103 Hosting Platform. Unless prohibited by any state or federal law, the city
may issue and the hosting platform may receive a civil citation for any violation of this
chapter or the code by the hosting platform as follows:
(1) First offense — a five hundred dollar ($500.00) fine;
(2) Second offense within any continuous period of twelve (12) consecutive
months — a one thousand dollar ($1,000.00) fine;
(3) Third and subsequent offenses within any continuous period of twelve (12)
consecutive months — a two thousand dollar ($2,000.00) fine.
.0104 Person or Entity Operating a Short -Tenn Rental Without a Short -Term
Rental Permit. The city may issue and a person or entity operating a short-term rental
without a short-term rental permit may receive a civil citation therefor as follows: a five
hundred dollar ($500.00) fine for each day that a violation occurs.
.020 Misdemeanor. In addition or in the alternative, any violation of this chapter
may constitute a misdemeanor, which may be subject to the maximum punishment
therefor as allowed by law.
.030 Public Nuisance. It is unlawful and a violation of this chapter, and is hereby
declared a public nuisance, for any person to commit, cause or maintain a violation of
any provision or to fail to comply with any of the requirements of this chapter. Any
person violating any of the provisions or failing to comply with any of the requirements
of this chapter will be subject to civil action and/or criminal prosecution. Each and every
day in which a violation is committed will constitute a new and separate offense. In
addition, the operation or maintenance of an unpermitted short-term rental may be abated
or summarily abated by the city in any manner by this code or otherwise provided by law
for the abatement of public nuisances. Pursuant to Government Code Section 38773, all
expenses incurred by the city in connection with any action to abate a public nuisance
will be chargeable to the persons creating, causing, committing, or maintaining the public
nuisance.
.040 Modification, Suspension or Revocation. A violation of any provision of this
chapter by any owner, owner's agent, local contact person, responsible person or
occupant of a short-term rental shall constitute grounds for modification, suspension or
revocation of the short-term rental permit as set forth in Section 4.05.140 of this chapter.
IN
When a violation occurs, it is not required that a warning or notice to cure must first be
given in order to impose the sanction of modification, suspension or revocation of the
short-term rental permit.
.050 Additional Remedies. The remedies provided in this section are not exclusive,
and nothing in this section shall preclude the use or application of any other remedies,
penalties or procedures established by law.
4.05.140 PROCEDURE FOR IMPOSITION OF MODIFICATION,
SUSPENSION AND/OR REVOCATION OF SHORT-TERM RENTAL
1911111074111
.010 Authority to Modify, Suspend and/or Revoke Short -Term Rental Permit. In
addition to any other penalty authorized by law, a short-term rental permit may be
modified, suspended or revoked for any violation of this chapter or federal, state or local
law in accordance with the provisions of this section.
020 Major and Minor Violations. For purposes of this section,
0201 A "major violation" consists of any of the following:
(1) Construction without a permit, excluding emergency repairs
that are subsequently permitted;
(2) Any occupants engaging in outdoor activities on a short-term
rental property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use
of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard
courts, or other similar and related improvements or play equipment, or if any
occupants engage in outdoor parties, outdoor singing, shouting, clapping or other
activities generally associated with partying or if occupants engage in any outdoor
drunk or disorderly conduct during those hours.
(3) A short-term rental for less than the 3 -night minimum;
(4) Exceeding occupancy limitations, including without limitation
owner -imposed occupancy limits pursuant to paragraph .0103(e) of subsection
.010 of Section 4.05. 100 of this chapter;
(5) A violation of the prohibition for use of the short-term rental
for non -lodging purposes, including but not limited to for weddings, receptions,
parties, commercial functions, advertised conferences, or other similar assemblies
that are separate from the purpose of lodging;
(6) A violation of the requirement that the owner, the owner's
agent and/or the local contact person, upon an enforcement officer's request,
affirmatively respond within 45 minutes and reasonably cooperate in facilitating
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an investigation and the correction of a suspected violation of this Chapter.
(7) The unpermitted use of a garage as a game room or for
sleeping purposes;
(8) A failure of the owner to obtain the signature of the primary
occupant of the short-term rental acknowledging the rules;
(9) A violation of the city's Loud and Unreasonable Noise
Ordinance;
(10) A failure to pay the Transient Occupancy Tax (TOT) required
for the short-term rental;
(11) Criminal activities on the premises; however, a minor
violation shall not be deemed a criminal activity for purposes of constituting a
major violation merely because any violation of this Chapter may constitute a
misdemeanor or a public nuisance; or
(12) Four (4) minor violations of any type in connection with the
same short-term rental property during any continuous period of twelve (12)
months.
.0202 A "minor violation" is any violation of any law, ordinance, resolution, or
permit condition regulating short-term rentals or short-term rental properties or any other
provisions of federal, state or local law that does not constitute a "major violation" as set
forth above.
.030 Modification of Conditions; Suspension or Revocation of Permit. The Planning
Director shall have the authority to impose additional conditions on any short-term rental
permit in the event of any violation of any condition of the permit or any violation of this
chapter or federal, state or local law. The Planning Director shall also have the authority
to suspend or revoke a short-term rental permit for any two (2) major violations in
connection with the same short-term rental property within a continuous period of twelve
(12) months. A change of ownership shall have no effect on the accumulation of
violations against the short-term rental property. Any modification of conditions or
suspension or revocation of a short-term rental permit shall be in accordance with the
following procedures. The Planning Director shall have the authority to impose
additional conditions on any short-term rental permit in the event of any violation of any
condition of the permit or any violation of this chapter or federal, state or local law. The
Planning Director shall also have the authority to suspend or revoke a short-term rental
permit for any two (2) major violations in connection with the same short-term rental
property within a continuous period of twelve (12) months; except that one of these two
major violations shall not result from aggregating minor violations into a major violation
as described in Section 4.05.140.0201(12). The Planning Director shall also have the
authority to suspend or revoke a short-term rental permit if ten (10) minor violations of
32
any type have been committed in connection with the same short-term rental property
during any continuous period of twelve (12) months. A change of ownership shall have
no effect on the accumulation of violations against the short-term rental property. Any
modification of conditions or suspension or revocation of a short-term rental permit shall
be in accordance with the following procedures.
.0301 The Planning Director, or his/her authorized representative, shall conduct
an investigation whenever he or she has reason to believe that an owner, an owner's agent
or local contact person is in violation of, or has failed to comply with, any condition of
the short-term rental permit, any requirements of this chapter or federal, state or local
law.
.0302 Should the investigation reveal substantial evidence to support a finding
that a violation occurred, the Planning Director shall issue a written notice of intention to
modify, suspend and/or revoke the permit. The written notice shall be served on the
owner, shall specify the facts which, in the opinion of the Planning Director, constitute
substantial evidence to establish grounds for modification, suspension and/or revocation,
and state that the permit will be modified, suspended or revoked within thirty (30)
calendar days from the date the notice is given unless the owner or person aggrieved by
the Planning Director's decision files with the City Clerk, before the modification,
suspension or revocation becomes effective, a request for an administrative hearing to
appeal the decision pursuant to Section 4.05.150.
4.05.150 APPEALS AND ADMINISTRATIVE HEARING PROCEDURE
FOR ADMINISTRATIVE DETERMINATIONS.
.010 Request for Administrative Hearing.
0101. Any request for an administrative hearing to appeal the decision of the
Planning Director (hereinafter "administrative determination") pursuant to this chapter
(hereinafter "appeal") must be made in accordance with this section. Any appeal must be
in writing, accompanied by any required fee or fees established by resolution of the City
Council, and submitted to the City Clerk. Any such appeal must be received by the City
Clerk within ten (10) calendar days of the date the written notice of the administrative
determination being appealed is mailed (via first class delivery) to the interested and
affected person.
0102. The letter of appeal must state: (1) the specific administrative
determination or action being challenged (including an identification of the date on which
the administrative determination was issued); (2) the action appellant requests the city to
take; (3) all factual and legal grounds which the appellant wishes the city to consider as
reasons for the appeal (such grounds to be identified by the appellant shall include,
without limitation, any and all constitutional or statutory claims); and (4) the name,
address and telephone number of the appellant and any authorized representatives of the
appellant.
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0103. Any administrative determination that is subject to the appeal provisions of
this chapter shall be final unless appealed pursuant to the requirements of this chapter.
Failure to timely request an administrative hearing, and/or to fully state all factual and
legal grounds for the appeal, in the manner required by this chapter constitutes a waiver
of the appeal and a failure to exhaust administrative remedies.
0104. Any notices required by this chapter shall be served either: (1) by personal
delivery to the person to be notified, or (2) by deposit in the United States mail in a
sealed envelope, postage prepaid, addressed to the person to be notified at the person's
last known business or residence address as determined by the Planning Director. The
person effecting service of any notice under this section may memorialize the service by
written declaration under penalty of perjury, declaring the date, time, and manner that
service was made, and the date and place of posting, if applicable. The declaration, along
with any receipt card returned in acknowledgment of receipt by certified mail, shall be
affixed to a copy of the notice of violation and retained by the Planning Director.
020 Hearing Procedure.
0201. Selection of Hearing Officer. After the receipt of a request for an appeal,
the City Clerk shall designate an "Employee Hearing Officer", as established in
paragraph .0101 of subsection .010 of Section 1.12.110 (Appointment of Hearing
Officer) of this code, to hear the appeal at an administrative hearing.
0202. Notice of Hearin. The hearing shall be conducted by the Employee
Hearing Officer on the date, time, and location specified in the written notice of hearing
delivered by the Planning Director to the appellant.
0203. Continuances. The Employee Hearing Officer may continue a hearing
from time to time, and may request additional information from the Planning Director or
the appellant before issuing a decision.
0204. Written Reports. All documents provided by the city in support of the
determination that is the subject of the appeal shall be accepted by the Employee Hearing
Officer as prima facie evidence of the facts stated in such documents. If the city submits
any such documents to the Employee Hearing Officer, then a copy of the documents shall
be served on the appellant at least five (5) days before the hearing.
0205. Appearance by City Representatives. The Planning Director and other
representatives of the city may, but need not, appear and present evidence at the hearing.
0206. Failure to Appear. The failure of the appellant to appear at the hearing
shall constitute a failure to exhaust his or her administrative remedies.
0207. At the Hearing. At the hearing, the appellant shall be given the opportunity
to testify and to present evidence concerning the determination that is the subject of the
appeal, including any evidence to show cause why the action the appellant is asking the
34
city to take should be taken, and the appellant shall raise any and all legal and factual
issues and claims concerning the determination under this section that is the subject of the
appeal. The hearing need not be conducted in accordance with the technical rules of
evidence. Any relevant evidence may be admitted if it is evidence on which reasonable
persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule which might consider such admission
improper in a civil action. The Employee Hearing Officer may exclude irrelevant or
unduly repetitious evidence.
030 Hearing Officer's Decision.
0301. Decision. After considering the testimony and evidence presented at the
hearing, the Employee Hearing Officer shall issue a written decision, based on the
preponderance of evidence, to uphold or overturn the original determination that is the
subject of appeal, including the findings on which the decision was made. If the
determination is overturned, the Employee Hearing Officer may remand the action to the
Planning Director with directions to modify the determination. The Employee Hearing
Officer shall send a copy of the decision to the appellant and to the Planning Director.
0302. Cost Recovery. The Employee Hearing Officer's written decision shall
include a determination regarding fees and charges owed by the appellant, as required by
this code.
0303. Finality of Decision. The Employee Hearing Officer's decision is final and
may not be appealed. The decision shall include information regarding the appellant's
right to seek judicial review of the Employee Hearing Officer's decision.
4.05.160 EFFECT OF SHORT-TERM RENTALS ORDINANCE ON OTHER
PROVISIONS OF CODE.
The issuance of any short-term rental permit pursuant to this chapter shall not
relieve the owner of the obligation to comply with all other provisions of this code
pertaining to the use and occupancy of the short-term rental or the property on which it is
located.
4.05.170 NO VESTED RIGHTS.
Except in instances where constitutional principles or binding state or federal law
otherwise provide, neither the provisions of the code nor any ordinances or other
measures concerning short-term rentals are a grant of vested rights to continue as a short-
term rental indefinitely, and any short-term rental use and/or permits for a short-term
rental use are subject to provisions of other ordinances, resolutions, or other city
measures concerning short-term rentals that may be enacted or adopted, though such
ordinances, resolutions, or other city measures may change the terms, conditions and/or
duration for a short-term rental use, including but not limited to those that may terminate
some or all short-term rental uses, with or without some period of amortization. While
35
this recitation concerning vested rights is implicit in any uses permitted by the city, this
explicit recitation is set forth to avoid any uncertainty or confusion.
SECTION 2. Upon the effective date of this ordinance, this ordinance amends and
restates Sections 4.05.010 through 4.05.170 of the Anaheim Municipal Code.
SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
36
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the21 st day of mar., 2017, and thereafter passed and
adopted at a regular meeting of said City Council held on the2 5 th day ofApr., 2017, by the
following roll call vote:
AYES: Mayor Pro Tem Vanderbilt and Council Members Murray,
Kring, and Faessel
NOES: Mayor Tait and Council Members Moreno and Barnes
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
"L
By: Kx--
MAYOR OF THE CITY OF ANAHEIM
L 5�
454'h'!UF,*1 Ft*lj IN 4 Vi- TRAM
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121579
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6404 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 21 st day of March, 2017, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 25th day of April, 2017, by the following vote
of the members thereof:
AYES: Mayor Pro Tem Vanderbilt and Council Members Murray, Kring, and Faessel
NOES: Mayor Tait and Council Members Moreno and Barnes
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2017.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 4, 2017
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 4, 2017
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NOE16 04
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi-
fy that the foregoing is a summary of Ordinance No. 6404 which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 21st day of March, 2017 and was duly passed
and adopted at a regular meeting of said Council on the 4th day of
April, 2017 by the following roll call Vote of the members thereof:
AYES: Mayor Pro Tem Vanderbilt and' Council Members
Murray, Kring, and Faessel
NOES: Mayor Tait and Council Members Barnes and.Moreno
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6404, which has been prepared Pur.
suant to;Section 512 of the Charter of the City of Anaheim. This sum-
aty does not include nclude or describe every provision of the ordiniinCe
and should not be relied on as a substitute for the full text of -the ordi-
nonce.
To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765-5166 between 8:00 AM and 5:00 PM,
onday through Friday. There is no charge for the copy.
121929v1/LHM Publish: Anaheim Bulletin May 4, 201710942031
FA
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NOE16 04
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi-
fy that the foregoing is a summary of Ordinance No. 6404 which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 21st day of March, 2017 and was duly passed
and adopted at a regular meeting of said Council on the 4th day of
April, 2017 by the following roll call Vote of the members thereof:
AYES: Mayor Pro Tem Vanderbilt and' Council Members
Murray, Kring, and Faessel
NOES: Mayor Tait and Council Members Barnes and.Moreno
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6404, which has been prepared Pur.
suant to;Section 512 of the Charter of the City of Anaheim. This sum-
aty does not include nclude or describe every provision of the ordiniinCe
and should not be relied on as a substitute for the full text of -the ordi-
nonce.
To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765-5166 between 8:00 AM and 5:00 PM,
onday through Friday. There is no charge for the copy.
121929v1/LHM Publish: Anaheim Bulletin May 4, 201710942031