This chapter provides a regulatory framework for the Short-Term Rental of residential units so that Short-Term Rental activities do not become a nuisance or threat to the public peace, welfare, health, or safety of neighboring properties; to preserve the City's limited housing stock; to retain the residential characteristics of neighborhoods; and to facilitate the collection of Transient Occupancy Taxes (TOT) and Business Improvement Area (BIA) assessments. In order to monitor the success of Chapter 20-48 in reaching these goals and objectives, City Council has directed staff to provide the Council with an opportunity to review Chapter 20-48, in its entirety, in or about August 2024. Council shall use that opportunity to determine if any revisions are necessary or appropriate. In the event that Council determines that no revisions are necessary or appropriate, or if no such Council review takes place, Chapter 20-48 shall remain in full force and effect as written.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
This chapter applies to all Short-Term Rental uses as defined
herein but is not intended to regulate hotels, motels, inns, the home
exchange of a dwelling unit as defined herein, or other rental arrangements,
including, but not limited to, community care facilities, lodging
or rooming houses, or supportive or transitional housing. Each Short-Term
Rental Owner, Agent, Local Contact, Short-Term Renter, and Daytime
Guest as defined herein shall comply with the requirements of this
chapter.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
Terms that are not defined in this chapter shall have the meanings ascribed to them in Chapter 20-70 of the Santa Rosa City Code. The following words and phrases shall have the meanings set forth below when used in this chapter unless the context plainly requires otherwise:
A person, authorized in writing by the Short-Term Rental
property owner to comply with the requirements of this chapter.
Guests of Short-Term Renters who visit the Short-Term Rental
between the allowed daytime guest hours of 8:00 a.m. and 9:00 p.m.
A single unit that provides complete independent living facilities
for one or more persons, including permanent provisions for sleeping,
eating, cooking, and sanitation.
The City Manager, the Planning and Economic Development Director
(Director), the Police Chief, the Fire Marshal, the Building Official,
or one or more of their respective designees.
A type of accommodation in a legal dwelling unit in which
two or more parties agree to offer exclusive use of each other's
homes for living and sleeping purposes for a set period of time whereby
the agreement involves the exchange of homes and may include use of
the vehicles associated with those homes, with no additional monetary
exchange or other consideration exchanged between the parties. Also
known as home swapping.
A natural person or persons who is/are the owner of record
of residential real property, as documented by a deed or other such
evidence of legal ownership, who offers their residence, or a portion
thereof, as a Short-Term Rental. Host includes a personal or family
trust whose beneficiaries consist solely of natural persons, but does
not include residences or condominiums owned as a timeshare, limited
liability partnership, corporation, or other business entity, or any
fractional ownership of six or more interests. Host is synonymous
with Owner and Operator.
A Short-Term Rental where, throughout the Short-Term Rental period, the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, which parcel is the Owner's principal residence as defined herein. Hosted Short-Term Rentals shall be allowed only in the primary residence on any property containing more than one legal Dwelling Unit except where allowed in an ADU pursuant to Section 20-48.040(A)(4)(b).
A natural person identified in the Short-Term Rental Permit
application who is available 24 hours per day, seven days per week,
for the purpose of responding to complaints regarding the condition,
operation, or conduct of the Short-Term Rental or its occupants, and
for taking any remedial action necessary to resolve such complaints,
including visiting the Short-Term Rental, if necessary, within 45
minutes after initial complaint. A Local Contact shall not be a call
center where a call is not directly answered by a natural person or
where the complainant is required to consent to being recorded.
Any Short-Term Rental owner who does not qualify as an Operator
in Good Standing as defined herein.
A Short-Term Rental where the Host does not live and sleep
in the Dwelling Unit or in another legal Dwelling Unit on the same
parcel throughout the Short-Term Rental period.
A Short-Term Rental Operator who was registered on or before October 27, 2021 to pay the City's Transient Occupancy Tax (TOT) and Santa Rosa Tourism Business Improvement Area (BIA) assessments; who submitted a Short-Term Rental Permit application prior to December 3, 2021, that was subsequently approved; and who has not lost Operator in Good Standing status pursuant to any of the reasons provided for in Section 20-48.040(H)(1-4).
A natural person or persons who is/are the owner of record
of residential real property, as documented by a deed or other such
evidence of legal ownership, who offers their residence, or a portion
thereof, as a Short-Term Rental. Operator includes a personal or family
trust whose beneficiaries consist solely of natural persons, but does
not include residences or condominiums owned as a timeshare, limited
liability partnership, corporation, or other business entity, or any
fractional ownership of six or more interests. Operator is synonymous
with Host and Owner.
A natural person or persons who is/are the Short-Term Rental
Owner of record of residential real property, as documented by a deed
or other such evidence of legal ownership, who offers their residence,
or a portion thereof, as a Short-Term Rental. Owner includes a personal
or family trust whose beneficiaries consist solely of natural persons,
but does not include residences or condominiums owned as a timeshare,
limited liability partnership, corporation, or other business entity,
or any fractional ownership of six or more interests. Owner is synonymous
with Host and Operator.
The place where one resides for more than one-half of the
year.
A fee set forth in the City of Santa Rosa Fee Schedule that
is assessed to Short-Term Rental Owners if Local Contact, occupancy
or parking information for the Short-Term Rental is changed during
the life of the Short-Term Rental Permit.
A Short-Term Rental Permit application for a property that
does not have an issued and active Short-Term Rental Permit, or where
a prior Short-Term Rental Permit has expired or been revoked, or where
an Owner no longer qualifies as an Operator in Good Standing.
A Short-Term Rental Permit application for a property that
has an issued and active Short-Term Rental Permit, and where the Short-Term
Rental Permit renewal application is submitted during the 60 calendar
day period prior to expiration of the issued Short-Term Rental Permit,
or in no case later than 30 calendar days after the expiration of
the issued Short-Term Rental Permit.
The fee assessed for a new or renewal Short-Term Rental Permit
application as defined herein and as set forth in the City of Santa
Rosa Fee Schedule.
A Dwelling Unit, or any portion thereof, utilized for residing,
lodging, sleeping, or other occupancy purposes for less than 30 consecutive
days, counting portions of days as full days. Short-Term Rentals may
be Hosted or Non-Hosted as defined herein.
A person who exercises occupancy or is entitled to occupancy
by reason of a booking transaction, concession, permit, right of access,
contract, license, or other agreement for a period of less than 30
consecutive days, counting portions of days as full days. Short-Term
Renters also include all persons who occupy the Short-Term Rental
during the overnight hours of 9:00 p.m. to 8:00 a.m. Daytime Guests
as defined herein are not considered Short-Term Renters.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
A Short-Term Rental Permit issued by the Director is required
prior to renting, offering, or advertising a Short-Term Rental within
the City.
A.
Permit requirements.
1.
A Short-Term Rental Permit is required for each address where
a Short-Term Rental is proposed.
2.
A Short-Term Rental Permit may be issued only to an Owner as
defined herein.
3.
A Short-Term Rental Permit may be issued only for a fixed location
and address and only for a habitable and permitted Dwelling Unit.
4.
A Short-Term Rental Permit shall not be issued for any of the
following unit types or spaces:
a.
Income-restricted affordable housing.
b.
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU); except an ADU where a Short-Term Rental Permit has been issued and is in effect may continue to operate as a Short-Term Rental until or unless it is no longer compliant with any other section of this chapter. A Short-Term Rental Permit for an ADU which has been revoked or vacated or for which a Short-Term Rental Permit Renewal application has not been received pursuant to subsection (E) of this section, or for which a Short-Term Rental Permit Renewal application has been denied, may not be reissued.
c.
Student housing, dormitories, and single-room occupancy facilities.
d.
Senior housing.
e.
Transitional housing.
f.
Temporary housing units such as recreational vehicles, including,
but not limited to, non-motorized travel trailers, tiny homes, yurts,
tents, treehouses, and sleeping in vans or cars.
g.
Areas not designed or intended for human habitation, such as
closets, laundry rooms, storage sheds, and similar areas.
B.
Location requirements and permit limits.
1.
Hosted Short-Term Rental. Hosted Short-Term Rentals are allowed
with a Short-Term Rental Permit in all City zoning districts.
a.
Short-Term Rental Permits may be issued for Hosted Short-Term
Rentals citywide with no cap on the total number issued.
b.
There is no separation requirement between Hosted Short-Term
Rentals.
c.
Maximum Short-Term Rental Permits per Owner. A Short-Term Rental
Owner may maintain a maximum of one Hosted Short-Term Rental within
city limits.
d.
Hosted Short-Term Rental Application Affidavit. All applications for a Hosted Short-Term Rental Permit shall require the submittal of an affidavit documenting that the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, one of which is which parcel is the Owner's principal residence as defined herein, throughout the Short-Term Rental period, as defined in Section 20-48.030.
2.
Non-Hosted Short-Term Rentals are allowed with a Short-Term
Rental Permit in the Core Mixed Use (CMU), Station Mixed Use (SMU),
Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Rural Residential
(RR), Single-Family Dwelling (R-1), Residential Planned Development
(PD) where not explicitly prohibited, Medium Density Multifamily Residential
(R-2), Multifamily Residential (R-3), Transit Village Residential
(TV-R), Office Commercial (CO), Neighborhood Commercial (CN), Community
Shopping Center (CSC), General Commercial (CG), and Transit Village-Mixed
(TVM) zoning districts. Non-hosted short-term rentals are prohibited
in all other zoning districts.
a.
The maximum number of Short-Term Rental Permits issued for Non-Hosted Short-Term Rentals shall be 182 citywide. No new Non-Hosted Short-Term Rental Permit applications shall be accepted. The maximum number of Non-Hosted Short-Term Rental Permits citywide shall decrease through attrition when existing Non-Hosted Short-Term Rental Permits are vacated or revoked, or when properties are sold or transferred, with the exception of transfers allowed pursuant to Section 20-48.040(G)(1).
b.
Required separation between Non-Hosted Short-Term Rentals. A
new Non-Hosted Short-Term Rental may not be proposed within 1,000
feet of another existing or proposed Non-Hosted Short-Term Rental
as measured from property line to property line.
3.
Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Non-Hosted Short-Term Rental within city limits. Non-Hosted Short-Term Rental Permit Owners with more than one issued Non-Hosted Short-Term Rental Permit as of August 24, 2023 may continue to maintain all of their existing Non-Hosted Short-Term Rental Permits, provided that the Permits are maintained in good standing and have not otherwise been vacated or revoked. If a Non-Hosted Short-Term Rental Permit is not renewed pursuant to Section 20-48.040(E), the Owner shall lose the right to that Permit and their total number of Permits held shall be reduced.
C.
New application. A new Short-Term Rental Permit application accompanied by the appropriate application fee shall be filed with the Planning and Economic Development Department. The new Application shall include all supporting materials, verifications, and signatures required by said application and any other information determined necessary by the Director, or the application shall be deemed incomplete and subject to expiration pursuant to Section 20-50.080, Initial application review.
D.
Duration of Short-Term Rental Permit. A Short-Term Rental Permit shall be valid for a period of no more than one year from date of issuance and is automatically void upon expiration, unless an application for a Renewal Short-Term Rental Permit has been submitted to the City pursuant to Section 20-48.040(E) below. A Short-Term Rental Permit may not be extended but may be renewed in accordance with subsection E, below.
E.
Annual renewal.
1.
A Renewal Short-Term Rental Permit application accompanied by
the Short-Term Rental Permit renewal fee and all supporting materials,
verifications, and signatures required by said application, shall
be submitted to the Planning and Economic Development Department annually
prior to expiration of the Short-Term Rental Permit. Renewal applications
shall be submitted no earlier than the 60 calendar days prior to expiration
and shall be accepted up to 30 calendar days after the date of expiration
of the existing Short-Term Rental Permit.
2.
If a Renewal Short-Term Rental Permit application is received
prior to the expiration of the issued Short-Term Rental Permit, and
in no case later than 30 calendar days after the expiration of the
Permit, expiration of the issued Short-Term Rental Permit shall be
stayed until the Renewal Short-Term Rental application is acted on
by the Director. If the renewal application is approved, the issuance
month and day for the Short-Term Rental Permit shall be the same as
the issuance month and day of the previous Short-Term Rental Permit;
for example, if the previous Short-Term Rental Permit was issued on
January 1, 2023, the renewal Short-Term Rental Permit issuance date
shall be January 1, 2024.
3.
If a Renewal Short-Term Rental Permit application is not received
prior to the expiration of an issued Short-Term Rental Permit, or
in no case later than 30 calendar days after the expiration of the
Permit, all short-term rental activities must cease, and a New Short-Term
Rental Permit shall be required for continued or future use of the
unit as a Short-Term Rental, and all requirements of a New Short-Term
Rental Permit, including separation requirements between Non-Hosted
Short-Term Rentals, shall apply.
F.
Neighbor notification.
1.
Upon issuance of a New Short-Term Rental Permit, the City will
provide mailed notice of permit issuance, Local Contact information,
and certain Short-Term Rental regulations to property owners and tenants
within 600 feet of the Short-Term Rental.
2.
Renoticing requirement. Neighbor renoticing is required if the
Local Contact, occupancy, or parking limits change during the life
of the Short-Term Rental Permit. Where neighbor renotification is
required, the applicant shall be responsible for all renotification
costs including staff time, printing, and postage prior to Permit
issuance or implementation of the requested changes, as set forth
in the City of Santa Rosa Fee Schedule.
G.
Transferability. A Short-Term Rental Permit is non-transferrable, except as identified in subsection (G)(1) below. If a property with an approved Short-Term Rental Permit is sold or transferred to any other person, the Short-Term Rental Permit is void. Any subsequent reapplication shall be subject to all requirements of a New Short-Term Rental Permit application including the 1000-foot separation requirement for Non-Hosted Short-Term Rentals. The following exception shall apply:
1.
In the event that a Short-Term Rental Permit Owner is incapacitated,
deceased, or otherwise unable to carry out the terms of the Short-Term
Rental Permit, a valid Short-Term Rental Permit may be transferred
to a spouse or domestic partner.
H.
Loss of Operator in Good Standing status. Any owner of a property
that applied for or was issued a Short-Term Rental Permit as an Operator
in Good Standing as defined herein, shall lose Operator in Good Standing
status and all benefits accorded heretofore for any of the reasons
outlined below and any subsequent reapplication shall be subject to
all requirements for a new Short-Term Rental Permit, including the
1000-foot separation requirement for Non-Hosted Short-Term Rentals.
1.
The Short-Term Rental, whether before or after Short-Term Rental
Permit issuance, has accrued in any one-year (12 consecutive months)
period, three verified code enforcement violations; or
2.
The New or Renewal Short-Term Rental Permit has been denied
or revoked; or
3.
The property is sold or transferred to another person, with the exception of transfers allowed pursuant to subsection (G)(1) above; or
4.
The Owner does not submit a Renewal Short-Term Rental Permit
application prior to or within 30 calendar days following the expiration
of the issued Short-Term Rental Permit.
I.
Denial. The Director may deny a New or Renewal Short-Term Rental
Permit application for any of the following reasons:
1.
The application or supporting materials, signatures, or verifications
are incomplete, are not consistent with the requirements of this chapter,
contain(s) false or misleading information or omission of a material
fact; or
2.
The appropriate application fee has not been received; or
3.
The applicant has lost Operator in Good Standing Status and
does not comply with the requirements of a new Short-Term Rental Permit,
including the 1000-foot distance requirement between Non-Hosted Short-Term
Rentals; or
4.
The application seeks authorization at an address where a Short-Term
Rental Permit:
a.
Has expired and a complete Short-Term Rental Permit renewal
application has not been received prior to or within 30 calendar days
following the expiration; or
b.
Is subject to revocation proceedings for violation of any of
the provisions of this chapter or any other chapter of the City's
Municipal Code, or any local, State, or Federal laws.
5.
The applicant is ineligible for a Short-Term Rental Permit due to a prior revocation pursuant to Section 20-48.080(C); or
6.
The Owner has failed to remit TOT and/or BIA assessments in
the amount(s) required based on the number of nights the Short-Term
Rental has been occupied and the level of compensation received; or
7.
The Short-Term Rental Owner has unpaid code enforcement penalties
or other City fees at the time of New or Renewal Short-Term Rental
application submittal, unless said penalties or fees are paid within
30 days of the filing of a New or Renewal Short-Term Rental application.
J.
Appeals. Director determinations on New or Renewal Short-Term Rental
Permit applications may be appealed to the Planning Commission. Appeals
shall be submitted in writing on a City application and filed with
the Planning and Economic Development Department with the appropriate
fee within 10 calendar days after the decision date. The time limit
will extend to the following business day where the last of the specified
number of days falls on a day that City offices are not open for business.
(Ord. 2021-011 § 2; Ord. 2022-008 § 2; Ord. 2023-008, 6/20/2023; Ord. 2023-011, 7/25/2023)
A.
Transient Occupancy Tax. Short-Term Rental Owners shall impose, report, and remit Transient Occupancy Tax pursuant to City Code Chapter 3-28, Transient Occupancy Tax. Notwithstanding Section 3-28.050, Registration, Short-Term Rental Owners must register for TOT prior to submittal of a new Short-Term Rental Permit application. Any Short-Term Rental Owner who fails to accurately impose, report, and remit Transient Occupancy Tax shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 3-28 and Section 20-48.080 of this chapter.
B.
Santa Rosa Tourism Business Improvement Area Assessment. Short-Term Rental Owners shall report and remit Business Improvement Area Assessment pursuant to City Code Chapter 6-56, Article IV, Santa Rosa Tourism Business Improvement Area. Any Short-Term Rental Owner who fails to accurately report and remit Business Improvement Area Assessments shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 6-56 Article IV and Section 20-48.080 of this chapter.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
A.
Occupancy limits. Maximum Short-Term Rental occupancy shall not exceed
two Short-Term Renters per bedroom and shall in no instance exceed
10 Short-Term Renters in total, excluding children under the age of
three. The number of bedrooms shall be determined by County Assessor's
record. The Owner shall not allow the Short-Term Rental to be used
for any gathering that exceeds the maximum number of Short-Term Renters
and allowable Daytime Guests, or for any gathering that does not meet
the minimum parking requirements specified herein.
B.
Daytime Guests. In addition to the maximum number of Short-Term Renters
allowed, Daytime Guests shall be allowed to visit the property between
the hours of 8:00 a.m. and 9:00 p.m. The maximum number of Daytime
Guests shall be equal to one-half of the maximum number of Short-Term
Renters allowed (e.g., if the maximum number of Short-Term Renters
is 10, then five Daytime Guests are allowed for a total occupancy
to not exceed 15 people between the hours of 8:00 a.m. and 9:00 p.m.).
C.
Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to subsections (A) and (B) above, the maximum occupancy of a Short-Term Rental shall not exceed the occupancy supported by the minimum parking spaces as required below, except for Short-Term Rentals located in CMU, SMU, MMU, and NMU zoning districts where maximum occupancies shall be determined by the number of bedrooms proposed for Short-Term Rental Use exclusively:
1.
Each Short-Term Rental shall provide one off-street parking
space per bedroom proposed for Short-Term Rental use.
2.
Parking spaces within garages and carports shall have minimum
dimensions of nine and one-half feet in width by 19 feet in length,
clear of any obstructions (e.g. laundry or HVAC equipment).
3.
Standard parking spaces shall have a minimum dimension of nine
feet in width by 19 feet in length.
4.
Parallel parking spaces shall be at least eight feet by 22 feet,
except that spaces that are encumbered at one end may be reduced to
eight feet by 20 feet.
5.
Where legal on-street parking is available, no more than one
on-street parking space may count toward the minimum number of parking
spaces required.
6.
A garage or driveway used to meet the Short-Term Rental minimum
parking requirement must be available to the Short-Term Renter for
that purpose.
7.
Parking shall not be located in a required front or street side
setback except when located on a driveway.
8.
Parking shall not encroach into the roadway or obstruct fire
apparatus access roads (Emergency Vehicle Access) or travel. This
includes driveways where fire department access is required to come
within 150 feet from the furthest point of the structure for firefighting
purposes.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
Each Owner, Agent, and Short-Term Renter or Daytime Guest shall
comply with all operational requirements and standard conditions established
by this section.
A.
General.
1.
Compliance with other codes and laws. At the time of Short-Term
Rental Permit issuance and at all times the Short-Term Rental Permit
is active, the Short-Term Rental shall be in compliance with the provisions
of the City Code, the California Fire Code, California Building Code,
California Residential Code, International Property Maintenance Code,
National Fire Protection Association Standards, local amendments to
adopted codes or regulations, and any other applicable laws and codes.
3.
Outdoor lighting. All exterior lighting shall be adequately shielded from adjacent properties to minimize light pollution impacts and shall comply with all other provisions of Section 20-30.080, Outdoor lighting.
4.
Trash and recycling facilities. Trash and refuse shall not be
left stored within public view, except in the proper containers for
the purpose of collection on scheduled trash days. Recycling and trash
receptacles shall be removed from the street within 24 hours of trash
pick-up.
5.
Permit posting. A copy of the Short-Term Rental Permit and accompanying
Short-Term Rental Requirements shall be posted within the Short-Term
Rental in a prominent place and shall be included as part of all rental
agreements.
6.
Water conservation. During any City Council declared water shortage,
the Owner shall provide Short-Term Renters with information related
to water reduction, how to report plumbing leaks to the Owner/Agent/Local
Contact, and any City mandated water use prohibitions and restrictions.
7.
Events or gatherings. Events or gatherings including, but not
limited to, weddings, receptions, and corporate events, are prohibited.
Personal, private events hosted by the Owner of the Short-Term Rental,
where the Owner is present at all times during the event, including
overnight, are not subject to this provision.
8.
Advertising and listing requirements. Advertising may be conducted
only for Short-Term Rentals operating under a valid Short-Term Rental
Permit. All advertisements, flyers, internet listings, or other methods
of offering the Short-Term Rental shall include the following:
a.
Maximum number of Short-Term Renters.
b.
Maximum number of Daytime Guests.
c.
Number of dedicated off-street parking spaces and whether there
is one legal on-street parking space available for use by Short-Term
Renters.
d.
Notification that quiet hours must be observed between 9:00
p.m. and 8:00 a.m.
e.
Notification that outdoor amplified sound is prohibited; and
f.
The Short-Term Rental Permit number for the property.
9.
Accessibility. The Short-Term Rental shall be made available
by the Owner, Agent, or Local Contact for inspection by code enforcement,
building, police, or fire personnel by request at any time.
B.
Life, safety requirements.
1.
Emergency communication. Each Short-Term Rental shall be equipped
with landline telephone service (POTS) or VoIP line with battery backup
for the handset if a POTS isn't available. The POTS or VoIP shall
be registered to receive SoCoAlert or the most current opt in form
of "Reverse 911."
2.
Right to privacy. All video surveillance, or any mechanism that
can be used to capture or transmit audio, video, or still images on
site, shall be disclosed to Short-Term Renters.
3.
Evacuation preparation and signage. The following shall be posted
in a visible location within each Short-Term Rental:
a.
A City of Santa Rosa evacuation checklist;
b.
A "Know Your Alerts" flyer which provides the City's alert
and warning systems for emergency notifications;
c.
A "Know Your Ways Out" map which reflects the recommended neighborhood
travel routes to be used in the event of evacuation; and
d.
The evacuation zone for the Short-Term Rental location.
4.
Exit, fire, and emergency signage. Each Short-Term Rental shall
have a clearly printed sign which shows the locations of all fire
extinguishers, gas shut off valves, exits, and pull fire alarms in
the unit and building (if applicable).
5.
Outdoor burning. Outdoor burning at Non-Hosted Short-Term Rentals shall be limited to outdoor firepits, fireplaces, barbeques/grills and heaters that generate an open flame through the use of a single five-gallon cylinder of liquid petroleum gas (LGP) or are fed by natural gas, provided that such outdoor burning shall not be located within 10 feet of combustible vegetation and overhanging trees limbs. No other outdoor burning shall be permitted at Non-Hosted Short-Term Rentals. Outdoor burning at Hosted Short-Term Rentals shall comply with all requirements of Santa Rosa Municipal Code Chapter 18-44 and the California Fire Code.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
It shall be unlawful for any person to violate any provision of, or to fail to comply with any requirement of this chapter, or of any other applicable local, State, or Federal law. Violations of this chapter may be enforced through any combination of remedies, including, but not limited to, those outlined in Chapters 1-28, 1-30, 3-28, 6-56 and Section 20-54.100 of this code. Enforcement as described herein may be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances, up to and including revocation of the Short-Term Rental Permit.
A.
Complaint procedure. Point-in-time complaints may be directed to
the City's complaint hotline and may additionally be directed
to the Local Contact as identified in the Short-Term Rental Permit
application. Other complaints may be directed to Code Enforcement
using the City's online portal. A failure of the Local Contact
to respond as provided for herein, when verified by Code Enforcement,
shall constitute a violation of a Short-Term Rental Permit.
B.
Penalties. Violation of any provision of this chapter shall result
in the issuance of administrative citations and the assessment of
enforcement penalties as provided for in Table 48.1, below. In no
case shall such penalties exceed maximum fine amounts established
pursuant to California Government Code Section 36900 et seq., or future
amendments thereof.
|
Table 48.1 - Fine Penalty Schedule For Short-Term Rental Violations
| ||||
|---|---|---|---|---|
|
Major Categories
| ||||
|
Section
|
Violation
|
1st
|
2nd*
|
3rd+*
|
|
20-48.040
|
Operation or rental of a STR without a valid permit
|
$1,500
|
$3,000
|
$5,000
|
|
20-48.060(A)
|
Exceeding occupancy limits [renters]
| |||
|
20-48.060(B)
|
Exceeding occupancy limits or daytime hours [guests]
| |||
|
20-48.060(C)
|
Failure to observe parking requirements
| |||
|
20-48.070(A)(2)(a)
|
Failure to observe quiet hours
| |||
|
20-48.070(A)(2)(b)
|
Outdoor amplified sound
| |||
|
20-48.070(A)(7)
|
Operation of a prohibited event or gathering
| |||
|
20-48.070(B)
|
Violation of life, safety requirements
| |||
|
Minor Categories
| ||||
|---|---|---|---|---|
|
Section
|
Violation
|
1st
|
2nd*
|
3rd+*
|
|
20-48.030
|
Failure of Local Contact to respond as required
|
$100
|
$200
|
$500
|
|
20-48.050
|
Failure to pay TOT's or BIA's
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|
20-48.070(A)
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Violation of other codes or laws not directly relating to the
STR regulation
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|
20-48.070(A)(3)
|
Nuisance lighting
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|
20-48.070(A)(4)
|
Violation pertaining to trash, recycling, and receptacles
| |||
|
20-48.070(A)(5)
|
Violation of posting standards
| |||
|
20-48.070(A)(8)
|
Violation of advertising and listing requirements
| |||
|
20-48.070(A)(9)
|
Failure to provide inspection access
| |||
|
*
|
Reflects subsequent violations occurring within 12 months of
a first violation
|
A citation issued for a first-time violation of Section 20-48.070(A)(8) pertaining to advertising or listing requirements shall not include a fine. The issuance of an administrative citation for any violation of this chapter, including a first-time violation of Section 20-48.070(A)(8) as described herein, or for a violation of any other applicable local, State, or Federal law, shall constitute a verified violation for purposes of Section 20-48.080(C).
C.
Revocation. Upon a third verified violation of this chapter within a 12 consecutive month period, a Short-Term Rental Permit will be subject to revocation proceedings pursuant to Section 20-54.100. The Owner of a Short-Term Rental Permit that has been revoked for any reason shall be permanently ineligible for future consideration of a Short-Term Rental Permit on the property that was the subject of the revocation.
(Ord. 2021-011 § 2; Ord. 2022-008 § 3; Ord. 2023-011, 7/25/2023)
