Chapter 5.90
SHORT-TERM RENTALS
Sections:
5.90.010 Purpose.
5.90.020 Definitions.
5.90.030 Short-term rental permit.
5.90.040 Permit renewal.
5.90.050 Locations.
5.90.060 Application procedure – Fees.
5.90.070 Host operating requirements.
5.90.080 Permit issuance or denial.
5.90.090 No property right.
5.90.100 Permits are not transferable.
5.90.110 Compliance monitoring.
5.90.120 Violations.
5.90.130 Penalties.
5.90.140 Denial, suspension, and revocation.
5.90.150 Appeals.
5.90.160 Limitation on filing judicial action.
5.90.010 Purpose.
The purpose of this chapter is to encourage the responsible short-term rental of residential property while preserving the housing stock and character of neighborhoods through the use of permits, regulations and standards, and to ensure the collection of all applicable taxes and assessments related to the use of a structure occupied by or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.020 Definitions.
As used in this chapter:
A. “Department” means the Community Development Department and any other division or person designated by the City to administer the provisions of this chapter.
B. “Director” means the Community Development Director or his/her designee.
C. “Hearing officer” means the person designated by the City Manager to hear appeals in accordance with the provisions of this chapter.
D. “Host” means a property owner of record or person renting or leasing a residential dwelling unit with written consent of the property owner of record, who offers the residential dwelling unit, or portion thereof, for short-term rental.
E. “Permit” means a permit granted by the City authorizing the operation of a short-term rental for a specific property.
F. “Renter” means a person who occupies or is entitled to occupy a short-term rental, by reason of concession, permit, right of access, license or other arrangement, for a period of 30 consecutive calendar days or less.
G. “Responsible party” means a local, second point of contact other than the host, that will be available to respond to rental operations and neighbor concerns if the host is not available or on premises.
H. “Short-term rental” means the use of a residential dwelling, or portion thereof, for dwelling, lodging, or sleeping purposes for 30 consecutive calendar days or less, counting portions of calendar days as full days, by a single renter. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.030 Short-term rental permit.
A. No person shall operate a short-term rental without first obtaining a short-term rental permit and a valid City of Livermore business license.
B. Each host operating a short-term rental shall comply with applicable tax and assessment requirements related to the use of a structure occupied by or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes.
C. A short-term rental permit issued pursuant to this chapter is valid until December 31st of the year it is issued, unless suspended or revoked by the Director.
D. Nothing in this chapter shall be construed to grant any person obtaining a permit any status or right other than to operate a short-term rental at the location the City identified on the permit application, subject to compliance with all other applicable laws, regulations, and ordinances or other conditions imposed by the Department.
E. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on short-term rentals. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.040 Permit renewal.
A host may renew a short-term rental permit annually upon payment of renewal fees, remittance of all required taxes and assessments associated with the short-term rental, proof of a current City of Livermore business license, and as otherwise set forth in the permit application requirements in LMC 5.90.060. The host shall also submit such information as may be required to enable the Administrative Services Director to verify the amount of tax paid. Failure to submit for renewal prior to December 15th of each calendar year will result in expiration of the permit. A short-term rental permit shall be renewed if it satisfies all applicable requirements set forth in this chapter for the issuance of the permit, otherwise such renewal application shall be denied. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.050 Locations.
A. Short-term rentals are permitted only in the following:
1. Legal conforming and legal nonconforming permanent dwelling units within residential districts; and
2. Accessory dwelling units for which a building permit was issued prior to January 1, 2020, and a certificate of occupancy was subsequently issued.
B. No person shall operate or allow short-term rental of property in any location not approved for use as a permanent dwelling unit, including but not limited to any vehicle, trailer, tent, storage shed, or garage.
C. No person shall operate a short-term rental in an accessory dwelling unit that obtained a building permit on or after January 1, 2020.
D. Hosts shall be limited to one short-term rental permit at any one time in the City.
E. A residential dwelling that is a short-term rental may not be rented by more than one renter at a time.
F. No more than one short-term rental may be operated at a single location. (Ord. 2152 § 3, 2023; Ord. 2120 § 2 (Exh. B), 2020)
5.90.060 Application procedure – Fees.
A. All applications for a permit shall be submitted to the Department in the name of each applicant proposing to operate a short-term rental. A separate application must be submitted for each location where a short-term rental is requested. Each application shall be submitted on a form supplied by the Department and must contain the following information:
1. The name, address, email address, and telephone number of the host;
2. The name, address, and telephone number of the responsible party;
3. Adequate written documentation showing that the host is the owner of record of the property or that the owner of record has provided written consent to the host to operate a short-term rental on the property;
4. Whether the host has violated any local, state, or federal rental-related law, and if so, the name of the jurisdiction where the violation occurred;
5. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.
B. The Department shall issue a notice to all property owners within a 100-foot radius of the proposed short-term rental along with the name and phone number for the host and responsible party for the short-term rental. If any person notifies the Director of an objection to the proposed short-term rental within 15 calendar days of the date of the notice, the Director shall consider such information prior to making a final determination on the application.
C. The fee for issuance of a permit shall be established by resolution of the City Council and shall be in addition to the City’s business license tax and any other license or permit fee imposed by the Livermore Municipal Code upon the applicant.
1. The initial permit fee shall be paid to the City at the time the license application is submitted.
2. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, host education, and documentation of violations; however, the fee shall not exceed the cost of the regulatory program authorized by this chapter.
3. Permit fees are nonrefundable except as may be required by law. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.070 Host operating requirements.
A. The host shall be responsible for all violations of this chapter committed by the host, or renter, or occupant of each short-term rental.
B. A short-term rental shall, at all times, be operated subject to the following standards:
1. The short-term rental must be operated under a valid short-term rental permit issued by the City in accordance with this chapter.
2. The short-term rental shall have a smoke detector, carbon monoxide protector, and fire extinguisher.
3. The host shall include the City-issued permit number in every advertisement for the short-term rental, including, but not limited to, any written publication or online website, or any other medium that lists or offers the availability or existence of the short-term rental.
4. The host shall inform the Director in writing of any changes to information provided in the application within 10 calendar days of the change, including but not limited to changes in contact information and information relating to advertising platforms used by the host to advertise the short-term rental.
5. The host shall comply with this chapter and all applicable provisions of the Livermore Municipal Code.
6. The host shall provide the following materials to renters in electronic form before arrival and hard copies on site during the short-term rental period:
a. A diagram of exits and fire extinguisher locations;
b. Police and fire contact numbers;
c. The short-term rental host and responsible party contact information;
d. A copy of the City of Livermore’s short-term rental ordinance and noise ordinance. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.080 Permit issuance or denial.
Upon the receipt of a complete permit application and the permit fee required by this chapter, the Department shall review the application and issue a permit unless substantial evidence demonstrates that one or more of the following grounds for denial exist:
A. The information presented in the application is inaccurate or false;
B. The application seeks a short-term rental that is not authorized by this chapter, or is prohibited by this chapter or other law;
C. The application seeks a permit for more than one location for one host or to allow more than one renter at a single location at the same time;
D. The host is ineligible to receive a short-term rental permit under the provisions of this chapter;
E. The host had a short-term rental permit previously suspended or revoked by another governmental agency;
F. The host has continued to operate a short-term rental beyond a written deadline date set by the City. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.090 No property right.
The issuance of a short-term rental permit or any renewal thereof shall not grant the host any vested property rights, and is not a covenant that runs with the land. Nothing in this chapter shall be construed to vest in any person or property any status or right to act as a short-term rental host, and is limited to allowing the host to operate a short-term rental at a location during the term of a permit that is not denied, suspended, or revoked. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.100 Permits are not transferable.
A short-term rental permit is nontransferable. If a host changes location, that host must obtain a new permit prior to operating a short-term rental at the new location. If a residential dwelling unit is sold, or ownership transferred to a new host, the new host must obtain a permit prior to conducting short-term rentals at that location. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.110 Compliance monitoring.
Compliance with this chapter shall be monitored by the Department. In addition, any City enforcement officer may enforce the provisions of this chapter. The City may designate additional persons to monitor compliance with this chapter. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.120 Violations.
A. It is a violation of this chapter to do any of the following:
1. Use a residential dwelling unit as a short-term rental without first obtaining a short-term rental permit;
2. Operate or allow the rental of property for dwelling, lodging, or sleeping purposes that is not approved for use as a permanent dwelling unit in LMC 5.90.050;
3. Conduct short-term rentals that violate noise standards set forth in Chapter 9.36 LMC;
4. Provide false information in the permit or renewal application;
5. Fail to comply with the host obligations set forth in LMC 5.90.070;
6. Fail to timely remit accurate taxes and assessments related to the use of a structure occupied by or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes;
7. Advertise the short-term rental of a location for dwelling, lodging, or sleeping purposes that does not have a valid short-term rental permit. This prohibition does not apply to a bed and breakfast that has been approved pursuant to the Livermore Development Code;
8. Advertise a short-term rental in any medium without including the City-issued permit number for that location;
9. Engage in conduct related to this chapter that creates a public nuisance as set forth in Chapter 8.14 LMC;
10. Engage in conduct related to this chapter that is detrimental or hazardous to public peace, health, or safety;
11. Engage in conduct related to this chapter that results in a criminal conviction against the host;
12. Fail to maintain a short-term rental property consistent with the Livermore Municipal Code and all applicable building codes and planning and zoning regulations; or
13. To allow any activities or conditions to exist on or at the short-term rental property that constitute a public nuisance in violation of Chapter 8.14 LMC.
B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
C. Violations of this chapter are hereby declared to be public nuisances.
D. Each short-term rental violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.130 Penalties.
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Violations of this chapter may result in the issuance of an administrative citation with fines pursuant to Chapters 1.20 and 8.15 LMC.
C. Violations of this chapter may result in the denial of a renewal application or suspension or revocation of an issued permit pursuant to LMC 5.90.140.
D. Violations of this chapter may also be prosecuted as criminal infractions resulting in fines pursuant to LMC 1.16.010.
E. In addition to the other remedies provided by this chapter, the City may summarily abate and bring civil suit to enforce, enjoin, or abate violations pursuant to LMC 1.16.030 and Chapter 8.15 LMC. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.140 Denial, suspension, and revocation.
A. In addition to any other remedy authorized by law, the Director may deny a renewal application and may suspend or revoke an issued permit if the Director finds and determines that the host, or any renter, violated any of the requirements, conditions, or prohibitions of this chapter or this code, or any applicable local, state, or federal laws, as set forth below.
1. Denial of Permit Renewal. The Director may deny a permit or a permit renewal if the Director determines that any of the following have occurred during the 12 months prior to the renewal application:
a. Failure to timely remit accurate taxes and assessments related to the use of a structure occupied by or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes;
b. An existing permit has been revoked within the last three years or is currently under suspension;
c. A determination that false information has been provided in the renewal application;
d. The host or the location has been cited for two or more violations of this chapter;
e. An authorized official has given notification of existing health or safety violations and/or failure to timely comply with City required corrective action on the property;
f. The location is the subject of an outstanding building, electrical, plumbing, fire, health, housing, police, planning, or neighborhood preservation code violation or enforcement action, including any compliance orders to correct violations, notice and orders to abate, cease and desist orders, or correction notices.
2. Suspension. The Director may suspend a permit pursuant to the following procedure:
a. Upon finding a violation of this chapter within any one-year period, the Director shall issue a warning, which may include an administrative citation. A compliance order is not required prior to the issuance of an administrative citation pursuant to Chapter 1.20 LMC, as long as the host has previously received a copy of this chapter.
b. Upon finding a second violation of this chapter within any one-year period, the Director may suspend the permit for one year, after which time the host may apply for a new permit.
c. When a permit is suspended, the host shall immediately cease all short-term rental activities at the location during the term of the suspension.
3. Revocation. The Director may suspend a permit pursuant to the following procedure:
a. The Director shall revoke a permit issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information provided by a host.
b. The Director may revoke a permit based on a finding that a third violation of this chapter has occurred.
c. The permit shall be revoked if the host, renter, or occupant has engaged in criminal conduct related to this chapter.
d. When a permit is revoked, the host shall immediately cease all short-term rental activities at the permitted location, and no short-term rentals may occur at that location unless and until a new permit is issued pursuant to this chapter.
e. No new short-term rental permit will be issued to the violating host for three years following a revocation.
B. The Director may deny a renewal application or suspend or revoke an existing permit by providing written notice to the host setting forth the basis of the intended action and giving the host an opportunity, within 15 calendar days, to present information in response to the intended action.
C. Upon expiration of the 15-day period, the Director shall provide written notice of whether the City will deny the renewal of a permit or suspend or revoke a permit. A permit shall be deemed to be valid until written notice of the decision has been issued. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.150 Appeals.
A. The host may appeal a decision of the Director to deny a renewal application or suspend or revoke a short-term rental permit to the hearing officer. The short-term rental permit shall be deemed to be suspended during the pendency of any appeal.
B. An appeal shall be initiated by submitting a written statement to the Department and payment of an appeal fee to the City clerk within 15 calendar days of the date of the notice of the Director’s decision. Notice of the hearing shall be provided to the host at least five calendar days prior to the hearing and the hearing shall be scheduled for a date no later than 30 calendar days after the filing of the appeal, unless another date is agreed to by the host and the City. The Director shall present the reasons for the City’s decision. The appellant shall have the opportunity to present an opening statement, evidence, and a closing statement. The hearing officer shall consider the relevant evidence and the record and shall issue a written determination to affirm, set aside, or modify the appealed decision within 14 calendar days of the hearing. The appellant shall be notified of the final decision via first class mail. The hearing officer’s decision shall be the final decision of the City. (Ord. 2120 § 2 (Exh. B), 2020)
5.90.160 Limitation on filing judicial action.
Pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6, any action appealing a decision order that is final and conclusive for the City shall be commenced within 90 days of the date the decision becomes final. (Ord. 2120 § 2 (Exh. B), 2020)