6374ORDINANCE NO. 6 3 7 4
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) AND 15060(C)(3) OF THE STATE CEQA
GUIDELINES, BECAUSE IT WILL NOT RESULT IN A
DIRECT OR REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT AND 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 -
Tenn 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
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, which may include a
repeal of the Short -Tenn Rentals Ordinance and related provisions of the Code, are 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
year period so that the interim measure would expire at 11:59 p.m. on Wednesday, May 3, 2017;
and
WHEREAS, following completion of the City's study of the potential impacts and
regulation of Short -Term Rentals, this City Council finds that the adoption of a comprehensive
amendment to the Short -Term Rentals Ordinance regulating the issuance of and operating
conditions attached to Short -Tenn Rental permits is necessary to protect the public peace, health,
safety and/or welfare; and
WHEREAS, the use of residential dwelling units within the City of Anaheim as Short -
Term Rentals for periods of less than thirty (30) consecutive calendar days can, in certain
circumstances, escalate the demand for City services, negatively affect surrounding residential
neighborhoods, and place increased demands on public services; and
WHEREAS, subject to the limited exceptions described in the next succeeding
paragraph, below, the purpose of this ordinance is to establish that Short -Tenn Rentals will no
longer be allowable uses in certain zoning districts; and
WHEREAS, certain property owners have previously obtained permits to operate a
Short -Term Rental. In addition, certain owners of dwellings have filed applications prior to the
adoption of the moratorium on September 15, 2015 for a permit to operate a Short -Term Rental
(herein referred to as "pending applications"), which pending applications have not been
approved or denied by the Planning Director prior to the date of adoption of this ordinance. For
(i) those who have been authorized to operate a Short -Term Rental prior to the date of adoption
of this ordinance and bold a valid Short -Term Rental permit, (ii) those whose pending
applications for a permit to operate a Short -Tenn Rental are approved following the date of
adoption of this ordinance, and (iii) those who have been authorized to operate Short -Term
Rentals within the C -G General Commercial Zone 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, the City Council intends by this ordinance to allow them to operate or
continue to operate a Short -Term Rental in accordance with the terms, conditions, procedures
and requirements of this ordinance; 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
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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 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) and 15060(c)(3) of the State CEQA Guidelines, because
it will not result in a direct or reasonably foreseeable indirect physical change in the environment
and 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 -Tenn
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
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 Chapter 4.05 (Short -Term Rentals) of Title 4 of the Anaheim
Municipal Code be, and the same is, hereby amended 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 -Tenn Rental Permit.
4.05.070 Tenn 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 -Tenn 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
4.05.010 TITLE.
This chapter is known as the "Short -Term Rentals Ordinance," may be cited as such, and
will be referred to herein as "this chapter." Ordinance No. 6374, which provides for a
comprehensive amendment of this chapter regulating the issuance of and operating
conditions applicable to short-term rental permits and establishing a prohibition on new
short-term rentals is known and may be referred to in this chapter as the "STR
Regulations and Ban on New STRs Ordinance."
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.
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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.
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.
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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.
J. "Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title
to a dwelling. "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: (1) 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
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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,
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, that 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 Connnercial Zone that have been authorized pursuant to a
conditional use permit approved in accordance with the provisions of this code prior to
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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.
.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 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. 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
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 -terns
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. If such a timely and complete
application for renewal is submitted, along with the applicable fee or fees, the short-term
rental pen -nit 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 such 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 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
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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,
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,
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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
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. 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 pen -nit shall provide the same written acknowledgement and agreement
12
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.
.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 filed. 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 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
may be denied if the dwelling and/or the real property proposed for use as a short-term
rental is subject to any outstanding building, electrical, plumbing, mechanical, fire,
health, police or code enforcement matters, including any notices of violation, notices to
cure, orders of abatement, cease and desist orders, or correction notices; provided,
however, that the Planning Director may approve a pending application or the renewal of
a duly issued permit in his or her sole and absolute discretion conditioned upon timely
compliance with conditions identified by the Planning Director and attached to the
permit.
.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,
13
the Planning Director shall issue a permit (for pending applications) and, for properties
that had legal permits, a renewal penult, 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.
.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 complied
with.
.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 outstanding building, electrical, plumbing, mechanical, fire, health,
police or code enforcement matters, 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.
.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. 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-terin 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 pennit 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 transferred short-term rental pen -nit 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
manner and be subject to the requirements of this chapter.
15
.070 Prior to expiration of a short -ten -n rental permit, the owner may voluntarily
cancel the permit by notifying the Planning Director in writing of the intent to cancel the
pen -nit. 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 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 -teen
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
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
In
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. 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: 1013C -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 in a dwelling having an occupancy permitted under this chapter of more than
ten (10) persons. Installation shall occur not later than that date which is eighteen (18)
months following August 11, 2016. 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.
(g) An informational packet of emergency numbers shall be prepared for and
provided to occupants to direct them in the event of an emergency.
17
(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.
(j) If a short-term rental unit 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 not later than that
date which is eighteen (18) months following August 1.1, 2016.
(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 paragraph .0103 may be extended by the enforcement officer responsible for
enforcing the requirements of this paragraph .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 paragraph .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.
.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 subparagraphs (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.
.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
19
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 0c��qnts
0 -Studio
2
1
4
2
7
3
9
4
11
5
13
6
15
7
17
8
19 777�1
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. 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
20
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 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, any adult occupant of the
short -term -rental, must, upon presentation of reasonable identification by the
enforcement officer, grant the officer immediate access to the short -term -rental to
investigate the complaint or suspected violation. Failure to provide such access shall be
deemed to be a major violation of this chapter. If neither the responsible person nor any
adult occupant is present at the short-term rental when the enforcement officer is
investigating such a complaint or has reason to believe 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 must arrange for
access to be provided to the officer to the short -term -rental within forty-five (45) minutes
of notification. Failure of the owner, the owner's agent and/or the local contact person to
timely arrange for such access or to affirmatively respond to the officer's request to
resolve the complaint or terminate the 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
of 10 p.m. and 9 a.m.
.0118 Occupants shall not 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 swimming
pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and
related improvements. The hours between 10:00 p.m. and 9:00 a.m. are considered to be
"quiet time," where all activities at a short-term rental property shall be conducted inside
21
of a short-term rental unit 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. 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 8:00 p.m. 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, including the requirement that an adult occupant
provide immediate access to an enforcement officer to investigate a complaint or
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 property. 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
inspection upon request of any enforcement officer or the city's Police Department:
(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 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.
22
(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 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,
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.
(j) 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 occupants shall comply with "quiet time," meaning
that they may not engage in activities outside of a short-term rental unit between the
hours of 10:00 p.m. and 9:00 a.m. that involve the use of swimming pools, hot tubs, spas,
tennis and paddleboard courts, play equipment or other similar and related improvements
or equipment and other activities that might be expected to cause discomfort or
annoyance to any reasonable person of normal sensitivity residing in the area.
23
(1) Notification that any adult occupant of the short -term -rental, must,
upon presentation of reasonable identification by an enforcement officer, provide the
officer immediate access to the short -term -rental property and dwelling to investigate a
complaint or 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 property, and that
failure to provide such access is a major violation of this chapter.
.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 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; (c) 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 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.
24
.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
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 shall provide access to
each short-term rental unit and any records related to the use and occupancy of the short-
term rental unit to the Planning Director at any time during normal business hours for the
purpose of inspection or audit to determine that the objectives and conditions of this
chapter are being fulfilled.
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 h7ternet 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.
25
.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
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 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 subsequent offenses within any continuous period of twelve (12)
consecutive months in connection with the same short-term rental property — a one
PRA
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, 13 0 of this code shall also be applicable;
(4) 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 -Term 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 pursuant to Section 4.05.140 of this chapter.
27
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
PERMIT.
.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;
properties;
(2) A violation of prohibitions on outdoor activities on short-term rental
(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 an enforcement officer, upon the
presentation of reasonable identification, be provided with immediate access to the short-
term rental property and dwelling to investigate a complaint or 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 property;
purposes;
(7) The unpermitted use of a garage as a game room or for sleeping
W.
(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; or
(12) Two (2) minor violations of the same type in connection with the
same short-term rental property during any continuous period of twelve (12) months or
four (4) minor violations of different types in connection with the same short-term rental
property within 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.
.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,
WE
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.
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 Hea ing 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
IN
paragraph .0101 of subsection .010 of Section 1.12.110 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
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.
31
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 concurrently with
or after the August 11, 2016, 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 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. Effective upon the effective date of this ordinance, all ordinances, and
provisions of the Anaheim Municipal Code and sections thereof, including specifically,
Ordinances Nos. 6343, 6347, and 6369, inconsistent herewith shall be hereby repealed to the
extent of such inconsistency and no further.
SECTION 3. SEVER -ABILITY.
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,
32
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.
Special
THE FOREGOING ORDINANCE was introduced at a wgelar= meeting of the City
Council of the City of Anaheim held on the 29thday of June —, 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 12th day of
July , 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
I EAS
117844-0
CITY OF ANAHEIM
By: � -� (/?- ,
MA OR OF TE CITY OF ANAHEIM
33
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 Ordinance
No. 6374 was introduced at a special meeting of the City Council of the City of Anaheim, held on
the 29th day of June, 2016, and that the same was duly passed and adopted at a regular meeting
of said City Council held on the 12th day of July, 2016, by the following vote of the members
thereof:
AYES: Mayor Tait, Mayor Pro Tem Kring, and Council Members Murray, Brandman and
Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of July, 2016.
CITY CLERK OF THE CITY dIfANAHEIM
(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:
July 21, 2016
"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: July 21, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
:OF OF PUBLICATION
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6374
CALIFORNIA ENVIRONMENTAL QUALITY ACT
� CEOA)_ PURSUANT TO SECTIO'[50
AND 15060(C)(3) OF THE STATENS CEOATOLCIALINES,
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT PHYSICAL
CHANGE IN THE ENVIRONMENT AND IS NOT A
PROJECT, AS DEFINED IN SECTION 15378 OF THE
CECA GUIDELINES.
This ordinance provides for a comprehensive amendment of Chapter 4.05 (Short -Term
Rentals) of Title 4 (Business Regulation) of the Anaheim Municipal Code (the "Code"), reg-
i slating the issuance of and operating conditions applicable to short-term rental permits
1 and establishing a prohibition on new short-term rentals as an al,owable use within Single -
Family Residential Zones (as defined in Section 18.04.020 of the Code), Multiple -Family
Residential Zones (as defined in Section 18.06.020 of the Code), or anyother zoning dis-
trict 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, except for
short-term Short-term rental permits duly issued prior to the effective date of this ordinance, (2)
rental permits issued in response to pending applications as defined in this ordi-
nance, which are renewed by the Director of the Planning and Building Department of the
City of Anaheim in accordance with this ordinance, an (3) short-term rentals that have
been authorized within the `C -G" General Commercial Zone pursuant to a conditional use
permit approved in accordance with the provisions of the Code prior to September 16,
015.
1, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6374 which ordinance was introduced at a regular meeting of
'the City Council of the City of Anaheim on the 29th day of June, 2016 and was duly passed
and adopted at a regular meeting of said Council on the 12th day of July, 2016 by the fol-
lowing roll call vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6374, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim This summary does not include or describe eve provision of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinance.
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, Monday through Friday. There is no
charge for the copy.
Publish: Anft]M Bulletin July 21, 2016 10181868
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. 6374 and was published in the Anaheim Bulletin on the 21St day of July,
2016.
- CITY CLERK OF THE CITY F ANAHEIM