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a. Purpose and Intent. To establish standards for the development and operation of vacation rentals within all residential and mixed use zones in the City as described in Section 18-18.030 (Table 5). The purpose of these regulations is to allow rental of a residential dwelling unit as a vacation rental (as that term is defined in Article 18-45: owner-occupied dwelling unit where bedrooms are provided for compensation for fewer than thirty (30) consecutive days) in the City with reasonable standards to preserve the residential neighborhood character and quality of life.

b. Violation – Nuisance – Applicability. The provisions of this section shall apply to all vacation rentals except where there is a primary owner in residence. It is unlawful and a violation of this section, and is hereby declared a public nuisance, for any person or entity owning, renting, leasing, occupying, or having charge, control or possession of any real or improved property within the City of Clearlake to cause, permit, maintain or allow any violation of this section to exist thereon. Any violation of this section is punishable as a misdemeanor and/or as otherwise permitted by this Code. Each and every violation of this section that exists constitutes a separate and distinct violation as does each and every day or portion thereof that any violation exists. Vacation rentals shall not be permitted in nonhabitable structures. Vacation rentals shall also not be permitted within secondary, accessory or junior accessory dwelling units, nor in structures or dwellings with City covenants or agreements restricting their use including but not limited to affordable housing units, agricultural employee units, farmworker housing, farm family units, or on lands under a Williamson Act Contract. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a vacation rental.

c. Permits Required. Vacation rentals that meet the standards outlined in this section shall be allowed as provided by the underlying zone, subject to issuance of a vacation rental permit through an administrative approval by the Director, who may add, delete or modify conditions to further the intent of this section.

d. Term of Permit. Zoning permits shall run with the landowner and shall automatically expire upon sale or transfer of the property.

e. Permit Requirements.

1. Maximum Number of Guest Rooms. Vacation rentals may have a maximum of five (5) guest rooms or sleeping rooms. Vacation rentals with more than five (5) guest rooms or sleeping rooms may only be allowed if adequate sewage disposal capacity exists and neighborhood compatibility can be demonstrated to be determined by the approval of a use permit from the Planning Commission. For purposes of determining the appropriate level of permit required, the actual number of bedrooms in the structure plus any additional rooms intended or used for sleeping shall be used.

2. Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per sleeping room or guest room, plus two (2) additional persons per property, up to a maximum of twelve (12) persons, excluding children under three (3) years of age. Vacation rentals with larger overnight occupancies may only be allowed subject to the granting of a use permit. For homes on a conditional or nonstandard septic system, or those with capacity limited by a voluntary repair, the maximum overnight occupancy for vacation rentals shall be equal to the design load of the septic system. The property owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the property.

3. Maximum Number of Guests and Daytime Visitors. The maximum number of total guests and visitors allowed at any time in a single vacation rental shall not exceed the maximum overnight occupancy plus six (6) additional persons per property during the daytime, or eighteen (18) persons, whichever is less, excluding children under three (3) years of age. Daytime visitors shall not be on the property during quiet hours (10:00 p.m. to 7:00 a.m.).

4. Owner Occupancy. All vacation rentals shall be owner occupied which means that the owner of the vacation rental unit shall occupy the rental dwelling unit at least fifty-one (51%) percent of the time during the year.

5. Parking. Parking shall be provided in compliance with the City’s parking requirements (see Section 18-20.090).

6. Noise Limits. All activities associated with the vacation rental shall meet the general plan noise standards contained below. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours and limits on outdoor activities are included in rental agreements and in all online advertisements and listings.

7. Amplified Sound. Outdoor amplified sound shall not be allowed at any time associated with a vacation rental.

8. Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

9. Trash and Recycling Facilities. Recycling and refuse storage bins shall not be stored within public view unless in compliance with neighborhood standards. Recycling and trash receptacles shall be returned to screened storage areas within twenty-four (24) hours of trash pick-up.

10. Outdoor Fire Areas. Outdoor fire areas, when not prohibited by State or local fire bans, may be allowed but shall be limited to three (3') feet in diameter, shall be located on a noncombustible surface, shall be covered by a fire screen, and shall be extinguished as soon as they are no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25') feet of a structure or combustible material.

11. Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.

12. Transient Occupancy Tax. The vacation rental owner or authorized agent shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertising or websites.

13. Twenty-Four (24) Hour Property Manager. All vacation rentals operating within the City must have a verified property manager who is available twenty-four (24) hours per days, seven (7) days per week during all times that the property is rented or used on a transient basis. Verified property managers may be professional property managers, realtors, property owners, or other designated person; provided, that the individual is identified on the property’s permit application, all contracts or rental agreements and in any advertising or websites. Property managers must be located within a thirty (30) mile radius of the vacation rental and must be available to respond to complaints at all times during the rental period. Any requested change to the property manager for a vacation rental property shall be made through submittal of a new vacation supplemental application or similar form provided by the City and shall include the signature of the property manager and the desired effective date of the change. In no case may a vacation rental operate without a current verified property manager. Operation of a vacation rental without a verified property manager shall be considered a violation of this section. The name and twenty-four (24) hour contact information of the verified property manager shall be provided to any interested party upon request. Owner occupancy requirements under subsection (e)(4) of this section will require owner to also comply with this provision.

14. Emergency Access. The owner of any vacation rental located behind a locked gate or within a gated community shall provide gate code or a lockbox with keys (“Knox Box” or similar) for exclusive use by law enforcement or fire services departments.

15. Posting and Neighbor Notification of Permit and Standards. Once a vacation rental permit has been approved, a copy of the permit listing all applicable standards and limits shall be posted within the vacation rental property. The owner shall post these standards in a prominent place within six (6') feet of the front door of the vacation rental and include them as part of all rental agreements. At the permit holder’s expense, the City shall provide mailed notice of permit issuance to property owners and immediate neighbors of the vacation rental unit using the standard three hundred foot (300') property owner mailing list. All advertising handouts, flyers, internet listings, or any other information provided for vacation rentals shall conform to the approved occupancy limits and standards as stated on the vacation rental permit. Advertising may only be conducted for properties operating under a valid permit. Advertising for a particular property inconsistent with the approvals for that property shall be considered a violation of these performance standards.

16. Requirements for All Internet Advertisements and Listings. All online advertisements and/or listings for the vacation rental property shall include the following:

(a) Maximum occupancy, not including children under three (3);

(b) Maximum number of vehicles;

(c) Notification that quiet hours must be observed between 10:00 p.m. and 7:00 a.m.;

(d) Notification that no outdoor amplified sound is allowed; and

(e) The transient occupancy tax certificate number for that particular property.

f. Enforcement Process.

1. Initial complaints on vacation rentals shall be directed to the property manager identified in the zoning permit or use permit, as applicable. The certified property manager shall be available twenty-four (24) hours during all times when the property is rented and shall be available by phone during these hours. Should a problem arise and be reported to the verified property manager, the property manager shall be responsible for contacting the tenant to correct the problem within sixty (60) minutes, or within thirty (30) minutes if during quiet hours, including visiting the site if necessary to ensure that the issue has been corrected. The property manager shall complete the online reporting form to report any such complaints, and their resolution or attempted resolution(s), to the City within twenty-four (24) hours of the occurrence. Failure to respond to complaints or report them to City shall be considered a violation of this section and shall be cause for revocation of certification status.

If the issue reoccurs, the complaint will be addressed by City code enforcement who may conduct an investigation to determine whether there was a violation of a zoning or use permit condition. Police reports, online searches, citations or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation. If code enforcement verifies that a zoning or use permit condition violation has occurred, a notice of violation may be issued, and a penalty may be imposed in accordance with the Clearlake Municipal Code.

At the discretion of the Director, the zoning permit may be revoked. If the permit is revoked, a zoning permit for a vacation rental may not be reapplied for or issued for a period of at least one (1) year after revocation.

2. Enhanced Penalty for Nonpermitted Rentals. A vacation rental that is determined to be operating without the necessary permit required under this section shall be subject to a penalty of ten (10) times the normal application fee.

3. Three (3) Strikes Penalty. Upon receipt of any combination of three (3) administrative citations, verified violations, or hearing officer determinations of violation of any of the permit requirements or performance standards issued to the owner or occupants at the property within a two (2) year period, the vacation rental zoning permit is summarily revoked, subject to prior notice and to appeal, if requested within ten (10) days. Should such a revocation occur, an application to reestablish a vacation rental at the subject property shall not be accepted for a minimum period of two (2) years.

4. Violation of Performance Standards – Administrative Citations. In addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of the City Code, this subsection provides for administrative citations.

(a) Use of administrative citations shall be at the sole discretion of the City.

(b) This subsection is adopted pursuant to the authority conferred by the Government Code, including Section 53069.4.

(c) Violations of the following permit requirements and performance standards may be deemed infractions for the purposes of this subsection, and are subject to administrative citation:

(1) Conduct of a cultural event, special event, party, wedding or other similar activity exceeding the allowable maximum occupancy;

(2) Exceeding the maximum permitted occupancy, not including children under three (3) years of age;

(3) Noise violations, as set forth in subsection (f)(1) of this section, including the use of outdoor amplified sound;

(4) Violations of quiet hours (10:00 p.m. to 7:00 a.m.);

(5) Exceeding maximum number of vehicles;

(6) Exceeding fire limits, including lighting fires during bans;

(7) Unsecured pets and/or nuisance barking;

(8) Operation of a vacation rental without a certified property manager;

(9) Failure of the property owner to include the specified limits in rental agreements and online listings or advertisements;

(10) Failure to include the individual property’s transient occupancy tax certificate number in all contracts, advertising and online listings;

(11) Failure of the property owner to maintain current transient occupancy tax status.

g. Monitoring and Enforcement Fee.

1. An annual fee may be adopted by the City Council and collected by the City to pay for monitoring and enforcement of vacation rentals. (Ord. #248-2020, S2 (Exh. A))