Chapter 5.50
SHORT-TERM RENTALS
Sections:
5.50.040 Registration certificate requirements.
5.50.060 Operational standards.
5.50.070 Penalties – Certificate denial, suspension, and revocation.
5.50.080 Changes in ownership.
5.50.010 Purpose.
The purpose of this chapter is to limit short-term rental uses to prevent the loss of housing opportunities for residents, preserve residential character, establish operating standards to reduce potential noise, parking, traffic, property maintenance, and safety impacts to neighborhoods, and provide a registration process for the City to track and enforce these requirements as needed and ensure appropriate collection of taxes. (Ord. CCO-23-01, 2023)
5.50.020 Definitions.
The following words, phrases, and terms as used in this chapter shall have the following meanings:
“Bedroom” means a room that contains a minimum of 70 square feet and a closet, the construction of which was authorized by a building permit, if a building permit was required at the time of construction, and which currently meets all requirements of the California Residential Code and contains a window or opening that can be used for emergency egress.
“Business” as used in this title means professions, trades, and occupations and all and every kind of calling carried on for profit or livelihood.
“City” means the City of Mt. Shasta.
“Guest” or “guests” means the individual or individual(s) occupying the short-term rental for the purpose of staying overnight.
“Local contact person” means an individual who is personally available by telephone on a 24-hour basis and who maintains the ability to be on site at the short-term rental within 45 minutes and who has access and authority to assume management of the short-term rental. An agent or professional property management company that meets the availability requirements can serve as the local contact person.
“Operator” means any and all of the following: the person who is a legal owner of a short-term rental; a person who has the legal right to possession of a short-term rental; a person who has a legal right to receive or collect any monies as rent for the occupancy of a short-term rental; and any manager, agent, representative or other similar person acting under the authority or at the direction of the owner or other operator of a short-term rental.
“Property owner” or “owner” means the owner or owners of record of the subject real property as shown on the latest equalized assessment roll of Siskiyou County or as otherwise actually known to the City Clerk or the City Clerk’s designee, including but not limited to individuals, groups, corporations, and other legal entities with at least five percent ownership in the subject real property.
“Short-term rental” means any place, space, or structure, or portion of any place, space, or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging, or similar use in conformance with the City’s zoning regulations, and shall include, but not be limited to, the following: single-family dwellings, cabins, cottages, apartments, studios, condominiums, townhouses, duplexes, triplexes, fourplexes, a bedroom or bedrooms within an existing residential unit, secondary dwelling units and guesthouses constructed prior to January 1, 2017, and other forms of shelter constructed with a building permit and rented for the purpose of continuous overnight lodging for a period of not less than one night and not more than 29 days. Neither bed and breakfasts nor motels/hotels are regulated under this chapter. (Ord. CCO-23-01, 2023)
5.50.030 Prohibitions.
(A) Registration Permit Required. It is unlawful for any person to advertise, maintain, operate, or use a short-term rental within the City without a short-term rental permit, or in violation of the terms and conditions of the permit or of this chapter (including without limitation the occupancy restrictions set forth in the certificate).
(B) Accessory Dwelling Units. It is unlawful for any person to advertise, maintain, operate, or use as a short-term rental an accessory dwelling unit or junior accessory dwelling unit as those terms are used in California Government Code Sections 65852.2 and 65852.22, or as amended. No short-term rental permit shall be issued for any accessory dwelling unit or junior accessory dwelling unit. Each night’s rental occurring without a short-term rental permit and each night’s rental of an accessory dwelling unit or junior accessory dwelling unit shall be a separate violation.
(C) Prohibited Short-Term Rentals. Short-term rentals are prohibited in R-1 zones. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for short-term rentals. Short-term rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.
(D) No Incidental Camping. A short-term rental permit does not authorize incidental camping, which means any overnight camping, sleeping in tents or on decks attached to the short-term rental unit, or sleeping in travel trailers or recreational vehicles parked on the short-term rental property.
(E) Grills and Barbecues. Grills and barbecues other than electric powered pellet grills and propane grills are prohibited at short-term rentals. Grills and barbecues are not permitted beneath a potentially flammable source including trees, umbrellas, decks, or other appurtenant structures. All grills and barbecues shall be no less than 10 feet away from a structure and any flammable materials, such as a woodpile.
(F) Subletting. Guests are prohibited from subletting a short-term rental. Only operators with a valid short-term rental permit may advertise and rent a residential unit as a short-term rental.
(G) Special Events. Short-term rentals shall not be used to perform weddings, conduct corporate events, for commercial functions, or any other events which have the potential to cause traffic complaints, parking, noise, or other nuisances in the neighborhood. (Ord. CCO-23-01, 2023)
5.50.040 Registration certificate requirements.
(A) Annual Registration Required. Short-term rental permits shall be renewed annually, and separate permits are required for each short-term rental site. The permit requirements for short-term rentals are set forth below. The issuance of any permit pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining to the use and occupancy of the short-term rental or to the property in which it is located. Short-term rentals are allowed in C1 and C2 zones and within R2 and R3 zones conditionally permitted (use permit approval required), that allow residential use with approval of a short-term rental permit. No more than two short-term rental permits shall be issued to any owner for short-term rentals.
(B) A total cap of three percent of total City housing units will be placed on the number of short-term rental licenses issued. The total number of City housing units shall be the total number of housing units reported in the most recent Housing Element of the City of Mt. Shasta General Plan.
(C) Short-term rentals in residential zones are capped at 19. Should one of the existing short-term rentals within residential zones be purchased with the expectation of continuing to use the property as a short-term rental, the new owners have 30 days from the date of purchase of the property to file for a new short-term rental permit. If no permit is acquired within 30 days of purchase, the property will cease operation as a short-term rental.
(D) Legally existing short-term rentals in good standing with the City shall be given priority in licensing. “Good standing” is defined as businesses which are current with City business licensing and tax payments continually during the 90-day period prior to submittal of the permit application.
(E) Notwithstanding any other provision of law, short-term rentals that are in good standing as defined in subsection (D) of this section and are legally operating on or before the enactment of the ordinance codified in this chapter shall be considered existing uses. Such short-term rentals shall have a period of six months after the effective date of the ordinance codified in this chapter to conform to the requirements of this chapter, including compliance with operating standards, registration, and recordkeeping obligations. Transient occupancy tax payments continue to be required at all times for short-term rentals and must continue to be collected and paid during this period. Existing short-term rental uses that do not conform to the requirements of this chapter shall cease operation within 12 months of the effective date of the ordinance codified in this chapter and shall be prohibited from resuming unless and until the use conforms to the requirements of this chapter.
(F) Application Process. Prior to advertising or making available the short-term rental for renting, an application for a short-term rental permit shall be submitted by the owner on a form prepared by the City and the application must be approved by the City. Each short-term rental permit application shall be accompanied by a nonrefundable short-term rental permit fee. The fee schedule shall be established by resolution of the City Council following a public hearing and may be adjusted by resolution of the City Council following a public hearing. Permits and fees required by this chapter are in addition to any license, permit, certificate, or fee required by any other chapter of this code. Each application shall at a minimum include the following:
(1) Property owner name and contact information.
(2) Operator name and contact information.
(3) The name of the local contact person, if different from the operator, and a telephone number at which the local contact person may be immediately reached.
(4) Address and assessor’s parcel number for property at which the short-term rental is located.
(5) Rental unit type (i.e., single-family dwelling, duplex, apartment, etc.). If more than one residential unit is located on the property, the application must identify if the rental unit is the property’s primary or secondary dwelling.
(6) Maximum occupancy. The maximum occupancy of a short-term rental shall be two guests per bedroom, plus two additional people excluding children under five years of age. Occupancy limits shall apply between the hours of 10:00 p.m. and 7:00 a.m.
(7) Total number of off-street parking spaces available on site.
(8) Number of trash receptacles and proof of adequate garbage service.
(9) Number and location of fire extinguishers, smoke detectors, and carbon monoxide alarms, and certification of compliance with fire code and fire safety requirements, including those pertaining to fire extinguishers, smoke detectors, and carbon monoxide alarms.
(10) Written acknowledgment that the owner and operator have read and understood this chapter, and agree to comply with the City’s laws, rules, and regulations pertaining to business licenses, transient occupancy tax, parking, garbage collection, guest safety, and operational standards.
(11) If the information supplied by the operator on the application for a short-term rental permit is not consistent with City records, an additional inspection may be required prior to or after the issuance of the short-term rental permit. An inspection fee shall be charged for the inspection.
(G) Term and Scope of Certificate. A short-term rental permit issued under this chapter shall expire at the end of the fiscal year for which it is issued, unless revoked or suspended earlier. The permit authorizes the operator to operate the short-term rental only in accordance with the terms and conditions of the permit. Subject to the provisions of MSMC 5.50.050, a permit will be renewed if prior to expiration, the following is provided: updated application information (if changes have occurred), new certifications and acknowledgments required in subsections (F)(8) and (10) of this section, and payment of the registration fee. Renewal applications may be submitted commencing on July 1st of each year. Renewals received after July 31st and the advertisement or operation of a short-term rental for which a renewed permit has not been received shall constitute a violation of this chapter.
(H) Acceptance of Registration Permit. Acceptance of a short-term rental permit by an operator of a short-term rental shall constitute acknowledgment and acceptance of, and consent to, the requirements and provisions of this chapter. (Ord. CCO-23-01, 2023)
5.50.050 Inspections.
All short-term rentals and the parcels on which they are located shall be inspected by the City and the Mt. Shasta Fire Department prior to commencement of the use. The inspection(s) shall verify compliance with all standards and conditions of operation including safety requirements. After the initial inspection(s), said rental unit and short-term rental property shall be reinspected by the Mt. Shasta Fire Department annually and by the City not less than once every three years for as long as the unit is used as a short-term rental. The operator shall submit a completed inspection form or forms to the City showing that the unit has passed inspection and is approved for short-term rental. Completion of the annual inspections will be verified at the time of the short-term rental permit renewal. The actual cost of such inspections, plus any administrative charges, shall be paid by the operator pursuant to the City’s adopted fee schedule prior to issuance or reissuance of the permit. (Ord. CCO-23-01, 2023)
5.50.060 Operational standards.
All short-term rentals shall comply with the following standards and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located:
(A) Operator Responsibilities and Recordkeeping. The operator shall inform guests that they must comply with the standards of this chapter. The operator shall be responsible for taking any action necessary to ensure that guests abide by the terms of this chapter and other applicable provisions of this code. The operator shall collect and maintain for each guest registration the name and contact information of the registered guest, the number of guests, and the amount of rent paid (including all ancillary charges such as cleaning charges). All such records shall be maintained for a period of three years and shall be furnished to the City within five days upon request by the City.
(B) Transient occupancy tax (TOT) must be collected for short-term rentals and shall be paid to the City pursuant to Chapter 3.12 MSMC. Collection of transient occupancy taxes for short-term rentals shall be the responsibility of the operator.
(C) Local Contact Person. A local contact person shall be personally available by telephone on a 24-hour basis and shall be physically present at the short-term rental within 45 minutes of contact by City employees, its agents, or the guest(s). Upon receiving a call or complaint about physical conditions or circumstances that constitute an immediate threat to the public health and safety, the local contact person shall immediately contact the appropriate law enforcement, fire, or other authority.
(D) Parking. When located in a zoning district where off-street parking is required, one off-street parking space shall be provided for short-term rentals with two or fewer bedrooms and two off-street parking spaces shall be provided for short-term rentals with three or more bedrooms. When located on property with more than one dwelling unit, the off-street parking requirement for the short-term rental is in addition to all other off-street parking requirements. No vehicle, including without limitation boat trailers and recreational vehicles, may be parked at a short-term rental in an unpaved area or in a location or manner that does not comply with City standards.
(E) Trash and Recycling. The accumulation of trash, debris, and recyclable materials outside of a short-term rental at any time is prohibited except in City-approved trash receptacles. Weekly trash collection and recycling shall be provided for each short-term rental. A minimum service level of one trash receptacle shall be maintained for each short-term rental in addition to recycling service. If one trash receptacle is insufficient to accommodate all trash generated by occupants of the short-term rental, the operator shall arrange for whatever increased level of service is required to accommodate all trash generated on site. Garbage and recycling shall not be placed outside for collection prior to the day of pickup. When garbage and recycling are stored outdoors prior to the day of pickup, it shall be stored immediately adjacent to the unit and kept within a bear-resistant and rodent-resistant container that is large enough to accommodate all garbage and recycling generated on site within a one-week period.
(F) Interior Posting Requirements. The following information shall be posted within the interior of the rental unit in a prominently visible location: the name of the operator and a telephone number at which that party can be reached on a 24-hour basis; the maximum number of guests permitted to stay overnight in the unit; the maximum number of vehicles that are allowed to be parked on the property; notification that trash and recyclable materials must be placed into cans provided for that purpose; notification that vehicles must be parked on paved areas on the property; off-street parking requirements during snow storms and snow removal; the telephone number of the Police Department; building exits, exit routes, and fire extinguisher locations; emergency evacuation information; use of outdoor fires and barbecues, when applicable; a notice regarding potential penalties associated with violation of this chapter; and, for short-term rentals with wood-burning fireplaces or woodstoves, instructions on the safe operation of such appliances and the safe disposal of ashes.
(G) Smoke Alarms. Smoke alarms, in good working order, at a minimum in each bedroom, and there shall be at least one alarm on every level of the short-term rental, including basements and habitable attics and which shall be maintained in good working order.
(H) Carbon Monoxide Alarms. Carbon monoxide alarms, in good working order, shall be installed at a minimum outside each bedroom, on every level of the rental unit, including basements and habitable attics, and bedrooms or attached bathrooms with a fuel-burning appliance, and shall be installed in accordance with the manufacturer’s installation instructions and maintained in good working condition.
(I) Fire Extinguisher and Ash Can. Each short-term rental shall be equipped with one five-pound fire extinguisher, type 3-A:40-B:C, installed at a readily available location near the kitchen. If the short-term rental has more than one level, an extinguisher must be mounted within each level. Fire extinguishers shall be inspected annually by a certified professional to ensure the extinguishers are in good working order. Each short-term rental with a wood-burning fireplace or woodstove shall be equipped with a metal container at least five gallons in size with a tight-fitting lid, which shall be clearly labeled for ash disposal.
(J) Visible Address. Each short-term rental shall have an address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. No other signs identifying a short-term rental are allowed as per the City sign ordinance in residential zones. Whenever the address on the short-term rental unit will not otherwise be clearly visible from the street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background and conform to the minimum size requirements of the California Fire Code. A short-term rental in a condominium or apartment building that does not have an individual address may utilize the condominium or apartment building address and need not comply with these requirements.
(K) Advertisements. Each advertisement for a short-term rental shall list the maximum number of guests permitted by the short-term rental permit, the maximum number of parking spaces on site, and the number of the short-term rental permit.
(L) Business licenses must be compliant with MSMC 5.12.010 through 5.12.090. (Ord. CCO-23-01, 2023)
5.50.070 Penalties – Certificate denial, suspension, and revocation.
It is a public nuisance to violate any of the provisions of this chapter. Violations of this chapter are subject to the administrative citation provisions set forth in Chapter 1.06 MSMC; provided, that fines for violations of this chapter shall be as set forth below. Any person violating the provisions of this chapter, including without limitation guests, operators, and local contact persons may be subject to administrative and/or judicial remedies, including injunctive relief, as set forth herein and elsewhere in this code. In addition, the City shall have the authority to suspend or revoke the short-term rental permit. Unless otherwise expressly provided, the remedies, procedures and penalties provided by this section are cumulative as to each other and to any others available under State law or this code. In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(A) Enforcement. An administrative penalty of up to $500.00 per day may be imposed for each violation of this chapter contained in a first administrative citation, and up to $1,000 per day for each violation contained in a second or subsequent administrative citation. A prior citation for purposes of this chapter shall be an earlier administrative citation for violation of this chapter on the same property that occurred less than one year prior to the current citation.
(B) Denial, Suspension, or Revocation of a Short-Term Rental Permit. The City may deny, suspend, or revoke a short-term rental permit for any of the following reasons:
(1) The short-term rental permit application is incomplete;
(2) The short-term rental permit contains a false or misleading statement or omission of a material fact;
(3) The short-term rental, operator, or guest is currently in violation of, has been found to be in violation of, or is under investigation for violation of, any local, State or Federal laws, statutes, ordinances, rules or regulations pertaining to the operation of a short-term rental;
(4) The short-term rental permit of a short-term rental for which two citations have been issued for violations of this chapter within a 12-month period and not overturned on appeal, including without limitation citations issued to guests and citations issued to operators, shall be revoked, and a new permit shall not be issued for a period of 12 months from the date of the certificate revocation;
(5) The operator is delinquent on any payment to the City of any fees, penalties, taxes, or any other monies related to the short-term rental including, but not limited to, transient occupancy taxes;
(6) A short-term rental permit application may be denied due to prior revocation or suspension of a short-term rental permit;
(7) The operation of a short-term rental is a nuisance or a threat to the public health, safety, or welfare;
(8) The lack of a fire inspection within the preceding year, a failed fire inspection unless documentation is provided that the conditions causing the failure were corrected and the short-term rental passed a subsequent fire inspection, or a refusal to allow a fire inspection or other inspection of the short-term rental;
(9) Absence/expiration of a short-term rental permit; or
(10) Any required application fee or renewal fee has not been paid.
(C) Revocation Hearing. Before revoking a short-term rental registration, the City Planner shall give the operator notice in writing of the proposed revocation and of the grounds thereunder, and also of the time and place at which the operator will be given a reasonable opportunity to show cause why the registration should not be revoked. The notice may be served personally upon the operator or may be served by certified mail to the operator at the last known address or at any address shown upon the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing, the City Manager may, for the grounds set forth in the notice, revoke the registration.
(D) Appeal Form Denial or Revocation of Registration. Any operator whose application has been denied or registration has been revoked shall have the right to an administrative appeal before the City Manager or a designated hearing officer. An appeal shall be filed in writing on a form provided by the City stating the grounds for the appeal within 10 days of the decision. The City Manager or designated hearing officer shall hold a hearing thereon within 30 days.
(1) A licensee may appeal the City Manager’s reconsideration determination to the City Council by submitting a written request for appeal to the City Clerk within 10 days after notification of the City Manager’s decision. The written appeal shall be heard by the City Council within 60 days from the date of filing. The City Manager’s decision shall remain in effect during the period of appeal.
(2) Waiting Period. Any operator whose registration has been denied or revoked shall be ineligible from applying for a new registration for a 24-month period.
(3) Costs of Enforcement. All money and assets collected in payment of penalties for violations of this chapter and all money and assets collected for recovery of costs of enforcement of this chapter shall be used to offset the cost of enforcement of this chapter. (Ord. CCO-23-01, 2023)
5.50.080 Changes in ownership.
Permits issued for short-term rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of ownership. The new owner of a property for which a short-term rental permit has been issued shall notify the City upon a change of ownership of the short-term rental. Short-term rental permits for short-term rentals shall not run with the land and shall expire upon any partial or complete transfer of ownership of a short-term rental unless the new owner files for a short-term rental permit within 30 days of purchase. New owners of a formerly permitted short-term rental will be offered the first right of refusal on a new short-term rental permit. (Ord. CCO-23-01, 2023)