Table of Contents
| Petition
THE PEOPLE OF THE
Section 1. Existing Chapter 17.03.310 of the Big Bear Lake Development Code is herewith repealed in its entirety.
Section 2. A new chapter 17.03.310 of the Big Bear Lake Development Code is herewith enacted to read as follows:
CHAPTER
17.03.310
TRANSIENT PRIVATE HOME RENTALS
This chapter contains the procedures and
regulatory provisions necessary to administer this Development Code in order to
provide for land use consistency with the General Plan; regulate uses which have
the potential to adversely affect surrounding properties; promote an attractive,
livable and economically viable community; and provide flexibility in standards
and requirements when special circumstances exist.
The people of the City of Big Bear Lake find and declare:
(A) The rental of private homes, by the owners thereof or authorized representative, for temporary occupancy (“transient rentals”) has been identified as a community concern, causing increased traffic, noise, and density in single family residential neighborhoods; and
(B) Unmaintained or overcrowded units have the potential for a deleterious effect on the adjacent full-time residents; and
(C) The number of occupants under such temporary rentals has often exceeded standards for the design capacity of such structures causing health and safety problems, and as such constitute a danger to life and adjacent property; and
(D) The rental and advertising of private homes on a regular basis is a business/commercial use and if left unregulated would deter from the residential character of the area; and
(E) Health and safety standards are necessary to protect the occupants of transient private home rentals; and
(F) The City of Big Bear Lake has created a division of uses to preserve residential neighbors from encroachment by more intensive uses which generate additional traffic, noise, light and glare and which bring large numbers of people from outside the area into established residential neighborhoods; and
(G) Unregulated transient rentals have the potential for creating and perpetuating unfair business competition and for depleting the city of its affordable full-time housing inventory; and
(H) The General Plan of the City of Big Bear Lake directs visitor commercial land uses to be located adjacent to major streets and highways frequented by travelers, or adjacent to recreational facilities, and not to residential neighborhoods.
IV. DEFINITIONS
As used in this Chapter, the following terms and phrases shall have the following meanings:
(A) Advertising, advertisement, advertise: notice given in a manner designed to attract public attention, including but not limited to handbills, newspaper, television, billboards, radio, and internet.
(B) Managing agency or agent: a person, firm or agency representing the owner of the transient private home rental, or a person, firm, or agency owning more than one transient private home rental.
(C)Transient Rental (Transient Private Home Rental): a dwelling unit (including either a single family detached or multiple family attached unit) rented on a short term basis for periods of less than thirty (30) days. It is a place of public accommodation, and constitutes a commercial use of a residential facility.
(D) Unit: a dwelling
unit, including all land and structures within the boundaries of a parcel, or in
the case of a multiple family attached unit, within the confines of a single
family residence.
V.
REVIEW PROCEDURES, CONDITIONS, REQUIREMENTS,
(A) Conditional Use Permit. Every Transient Rental shall comply with the provisions of Section 17. 03.170 et sec., relating to Conditional Use Permits.
(B) Additional Considerations for Transient Rental Use. In addition to the foregoing, the
Planning Commission shall consider the following in connection with an application for a conditional use permit for transient rental use:
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(1) Year-Round Rental Status. In the absence of adequate mitigating measures
proposed by the applicant, the application should be denied where the subject property is or has been rented for periods of more than thirty (30) consecutive days to the same occupant at any time during the two years preceding the application.
(2) Neighborhood Impacts. The Planning Commission shall consider the objections of the owners and occupants of neighboring properties in determining whether the proposed use is consistent with the surrounding properties and the extent to which such impacts may be mitigated by the imposition of the standard conditions listed below or by the imposition of additional conditions. The Planning Commission may consider objections previously made in connection with applications for transient rental use at other properties located within the same general area as the subject application; however, the Planning Commission should consider the time between the prior application and the subject application, the geographical proximity of the subject application to the prior application, any differing circumstances, and additional mitigating measures proposed by the applicant, and changes in the general area, in determining the weight to be given such prior objections.
(3) Single and Multiple Unit Properties. In the absence of other negative findings, (a) where the property is the only unit owned by the applicant in the City and the applicant proposes to use the property himself from time to time; or (b) where the subject property contains multiple units or the applicant owns other separate properties in the City of Big Bear Lake which are utilized for year-round rental, the Planning Commission should approve the application.
(4) Condominium Associations Having Ten (10) or More Units. In the case of an
application concerning property located within a condominium or similar congregate housing project consisting of ten (10) or more units, the applicant shall only be required to demonstrate that (1) the subject property is not or has not been rented for periods of more than thirty (30) consecutive days to the same occupant at any time during the two (2) years preceding the application; and (2) that the governing body of the association has consented to the proposed transient use.
(C) Conditions to be Imposed Upon Conditional Use Permits for Transient Rental. The conditions of approval shall include the following, plus such additional conditions which the Planning Commission determines are appropriate to mitigate impacts of the use:
(1) Approval shall automatically expire within five (5) years of approval;
(2) All of the requirements and standards contained in subsection (D) below.
(D) Requirements and Standards Applicable to All Transient Rentals. The following
requirements shall apply to all properties used for transient rental:
(1) Registration, Inspection and Licensing Requirements.
a. Any managing agency, agent, owner or property manager who rents one or more transient private home rental units shall be required to obtain a City business license, and each unit shall be required to obtain a City business license. Failure to obtain a business license or continuing to operate a transient rental after revocation of a business license constitutes an infraction pursuant to Section 5.02.410 of the Municipal Code, and may result in imposition of a fine upon conviction, among other penalties. All transient rentals shall be subject to collection of transient occupancy tax as required by the Municipal Code, and each managing agency, agent, owner and property manager of a transient rental shall collect and make payment to the City of the transient occupancy tax for their transient rental.
b. The managing agency, agent, owner and property manager of each unit to be used as a transient rental shall register each transient rental unit with the City Finance Department prior to commencing the use. A fee, established in the City's fee resolution, may be collected by the City to cover the reasonable cost of processing the registration. Transient rentals which have been previously approved, which use is legal, non-conforming must be registered with the City no later than ninety (90) days after the effective date of this subsection or the business license issued to the agency, agent, owner or property manager of the unit may be revoked and other appropriate action taken to compel compliance with the provisions of this Code. Such rentals may continue such legal, non-conforming use for a period two (2) years following the date of the adoption of this ordinance, at which time they apply for a Conditional Use Permit in accordance with the provisions of this Chapter.
c. Every managing agency or agent shall maintain on file with the City's Planning Department a list of the addresses of all transient rental properties under their management, to be updated quarterly.
(2) Availability Requirements. The owner, managing agency, property manager or agent shall be personally available by telephone on 24-hour basis to respond to calls regarding the condition and/or operation of the unit. Failure to respond to calls in a timely and appropriate manner may result in revocation of the permit authorizing the use. For purposes of this section, responding in a timely and appropriate manner shall mean that a response to an initial call shall be made within one (1) hour of the time the call was made, and within twenty-four (24) hours of the initial call corrective action shall be commenced to addressed any violation of this section. If the initial call relates to noise, or unsafe conditions, the corrective action shall be commenced within one (1) hour.
(3) Sign Requirements. Each transient rental unit shall have posted during all times
that the unit is being used as a transient rental, one (1) sign, which shall be available for purchase at a reasonable cost through the City of Big Bear Lake Finance Department. The sign shall not exceed two (2) square feet in size, shall have lettering of sufficient size to be easily read from a place accessible to the public, and shall be attached to the unit in a location which is clearly visible from the outside of the property and shall clearly contain the name address and 24 hour telephone contact number of the agency or homeowner, the legal street address,, the number of permitted occupants and the number of permitted vehicles. No other advertising signs promoting or identifying transient rentals shall be permitted anywhere in residentially zoned areas. Any sign that does not conform to these provisions shall be removed within thirty (30) days of the effective date of this subsection.
(4) Notice and Rental Agreement Requirements. Each transient rental unit shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information, and each item on the notice so posted shall be a requirement of the tenancy :
a. The name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his agent may be reached on a 24-hour basis;
b. The maximum number of occupants permitted to stay in or visit the unit;
c. Notification that trash and refuse shall not be left or stored on the property, the location of the trash container to which trash and refuse are to be taken,
d. Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this section;
e. When the City has enacted water conservancy measures by ordinance, notice of the requirements of such ordinance and a request that occupants conserve water as much as possible in the use of showers, baths, faucets, landscaping, and laundry.
f. Notification that use of
unenclosed decks, yard areas, and
patios between
g. A statement that Big Bear Lake has a "zero tolerance" policy towards nuisances, rowdy and disruptive behavior and advising that the occupancy will be immediately terminated for violations of this policy. The foregoing information shall be stated in the rental information and agreement provided to prospective renters prior to their occupancy of the unit.
h. Notification that a violation of the rental terms is a violation of the Development Code subject to a civil penalty of not less than two hundred fifty dollar ($250.00) for each day on which such violation occurs.
i. California Penal Code Section 537 makes it a crime to defraud the innkeeper, and that such fraud is punishable by a fine of up to one thousand dollars ($1,000) and/or by imprisonment in the State prison for up to three (3) years.
(5) Vehicles. Each transient rental shall provide one paved parking space per bedroom. Snow shall be removed from such parking spaces prior to the time of arrival. Snow removal shall be provided every 8 hours during a snow storm, and all snow shall be removed from the parking spaces within 8 hours of the end of a storm if the rental is occupied. At no time shall the accumulation of snow exceed at each unit exceed six inches.
(6) Trash. Each agency shall provide a commercial trash collection facility at its office or other location approved by the city. Trash shall be removed from the premises after each occupancy. There shall be no trash storage on site unless commercial trash collection is provided on site. Each owner that is not an agent shall provide commercial trash collection to the site. The owner or managing agent shall provide written information to each transient occupant setting forth the procedures for removing trash from the premises. All trash containers shall be secured against animal incursion.
(7) Maximum Occupancy. The maximum occupancy for transient rentals shall be two (2) persons (including children and infants) per bedroom, plus two (2). Nevertheless, the maximum occupancy shall, in no event, exceed twelve (12). The Planning Commission in its discretion may establish a different maximum number where the size and location of the property make it appropriate and reasonable to permit fewer persons than the foregoing formula might otherwise allow.
(8) Use Restriction. Transient rentals shall be used only for overnight lodging accommodations. They may not be used for weddings, parties, conferences or similar events. At no time shall the number of occupants per unit exceed those permitted pursuant to Paragraph 7, above.
(9) Advertising. All advertising for transient rentals must provide the address of that rental as well as the maximum number of cars and persons permitted to occupy the rental. Such advertisements and/or listing shall include the name, address, telephone number of the agent, and city permit number on all listings.
(10) Insurance. For every transient rental, the City of Big Bear Lake shall have on file a certificate of insurance designating coverage as a transient rental. Such insurance shall provide liability coverage in at least the amount of $100.000.00 The certificate of insurance must be updated annually, and with each change in ownership.
(11)
Accessibility. For every
20 units that a transient rental agency has registered, at least one unit shall
comply with the provisions of the Americans with Disabilities Act of
1990, including all revisions (“ADA”), but each agency shall have at least
one such unit. When an owner of a
transient rental unit has only one property used as a transient rental unit, it
shall comply with the provisions of the
(12) Vehicle Restriction. No recreational vehicle or travel trailer, tent, temporary shelter, canopy or teepee shall be used by any renter on the accommodation premises for living or sleeping purposes.
(13) Code Compliance, Fire Safety and Inspection. Each dwelling unit used for transient rental within the City is subject to all of the following inspection requirements:
a. The owner shall be responsible for compliance with all codes regarding Fire,
Building and Safety, Health and Safety and other relevant laws as well as the requirements of paragraph (13)g. of this section,
b. Any transient rental unit which was permitted or legally nonconforming and in
existence prior to the effective date of this subsection shall be made available for inspection within ninety (90) days after the effective date of this subsection. The City shall endeavor to inspect all such units within one hundred eighty (180) days of the effective date of this subsection. The Planning Department shall coordinate with the property owner and the inspectors to arrange for reasonable notice and the date of inspection. Within fifteen (15) days following inspection, the inspectors shall submit an original, signed inspection report to the Planning Department, or, where applicable, provide notice that the property owner has unreasonably prevented inspection. Failure to cooperate with the scheduling of the inspection shall subject the approval to use the unit as a transient private home rental to revocation. Any new transient rental unit established after the effective date of this subsection shall be inspected prior to commencement of the use, which inspection shall be scheduled and conducted within thirty (30) days of approval. In addition to the registration for each unit as required in Section (D)(1) above, an original, signed inspection report for each unit shall be submitted to the Business License Representative in order to obtain approval to use the unit as a transient rental.
c. Inspections shall be conducted by a qualified inspector(s) authorized and approved by the City to conduct such inspections. Inspectors shall demonstrate appropriate qualifications to conduct the required inspections as determined by the Building Official or the Fire Department, as applicable. The cost of such inspections, plus any administrative charges shall be paid by the owner pursuant to the City's adopted fee schedule. The City shall make every reasonable effort to ensure that inspections are completed in a timely manner.
d. After the initial inspection, each rental unit shall be reinspected no less than once every year following the original inspection. Verification of inspection will be done at the time of business license renewal. Failure to submit inspection reports shall result in revocation of approval to use the unit for transient rentals.
e. Inspections shall verify compliance with all applicable provisions of this Section.
f. If upon completing an inspection of a transient rental, the inspector(s) determines that the unit is not in conformance with this section, the inspector shall provide the managing agency, agent, owner or property manager with a list of required corrections, set a reasonable time for correction and a date for reinspection. A copy of the foregoing shall also be given to the Planning Department. If the unit is registered with the City as a transient rental, approval by the City to use the unit for transient rental shall be suspended until correction and reinspection if determined by the inspector to present an immediate health and safety hazard, and submission of a new inspection report for the unit indicating compliance with this section. If the unit is not yet registered with or approved by the City, approval for its use as a transient rental shall be withheld until submission of a new inspection report for the unit indicating compliance with this section.
f. Noncompliance by an owner, managing agency, property manager or agent of the requirements for registration, inspection and operation of transient private home rentals may result in the revocation of the business license and conditional use permit authorizing the use, and upon revocation, no new business license or conditional use permit may be issued to the same transient rental licensee for a period of twelve (12) months following such revocation.
g. The following requirements for transient rentals will be evaluated upon inspection of each unit, and shall constitute minimum requirements. The unit must be brought into conformance with these requirements and any other applicable codes and ordinances in order for the use to be allowed.
(i) Required sign and notice must be posted, and address of unit must be legible from outside the property unless exempted.
(ii) Smoke detectors shall be installed within each sleeping room and at a point
centrally located in the corridor or area giving access to each separate sleeping room. Battery-operated smoke detectors are acceptable, provided that they are maintained in good working order at all times, or except as required by other applicable codes. Where fire suppression systems have
been installed, such systems shall also be subject to all commercial inspection and testing requirements set forth in any and all of the codes and regulations of the City of Big Bear Lake.
(iii) The transient private home rental shall be equipped with a minimum of one 2A.1OB: C type extinguisher with seventy-five (75') feet of travel distance to all portions of the structure; there shall be no less than one (1) such extinguisher per floor. Fire extinguishers shall be mounted in visible locations with the tops of the extinguishers mounted between three (3') feet and five (5') feet above the floor and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers.
(iv) Any locking mechanism on outside doors must be operable from inside the unit without the use of a key. If the dwelling unit is greater than three thousand (3,000) square feet in area, two (2) exit doors shall be required, each of which shall conform to this requirement.
(v) Transient rentals shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:
1. There shall be no exposed wiring, improper wiring materials, or overloaded electrical circuits;
2. There shall be no permanent use of extension cords for appliances, heaters, lamps or other fixtures;
3. There shall be no leaking fixtures, clogged or leaking wastewater lines;
4. Faucets and fixtures shall be maintained in working conditions;
5. Showers, sinks and bathing facilities shall be clean and properly maintained;
6. There shall be no evidence of pest infestations;
7. If directed by the Fire Department, bedroom windows shall be operable to allow for emergency egress;
8. There shall be at least one window per bedroom, to allow for proper interior ventilation;
9. There shall be no accumulation of trash and/or debris on the site or within the unit;
10. All steps, stairways, decks and railings shall be stable and structurally sound;
11. All standard appliances, including but not limited to kitchen appliances, furnaces and water heaters, shall be operational;
12. Any hot tub that is on the premises of a transient rental shall be certified by the County Environmental Health Division as a commercial unit. If the premises are also used by the owner(s) of the property, and the hot tub is not certified by the County environmental Health Division as a commercial unit, any hot tub that is on the premises must be drained, covered, and locked prior to any and all use as a transient rental, and the key to the lock may not be left at the premises;
13. Any lofts or attic conversions shall be properly permitted and provided with acceptable exiting and head clearance; stairs or providing access to these areas shall be safe and structurally sound;
14. Exits shall remain clear of storage, debris or impedance at all times.
15. No tree limbs are allowed
within 10 feet of chimneystack
openings.
16. Spark arresters of a minimum
opening size of 3/8 inch and maximum opening size of ˝ inch shall be required
on all fireplace flue openings.
17. If there is a fireplace or
solid fuel barbeque, the transient private home rental shall be equipped with a
minimum 5 gallon metal container with a tight fitting lid for ash disposal,
which is clearly labeled. Instructions on storage or placement of ashes
shall be stated in the rental agreement and on the notice posted within each
unit (i.e., do not place can on or near any furniture or other combustible
material; ashes must be wet down thoroughly with water; ash can must be stored
outside with a minimum of 3 feet clearance from building, porch, trees, or
combustible vegetation; lid must remain on ash can when used for storage).
18. Furniture and other
combustible material shall be kept a minimum of 54 inches from wood burning
fireplace openings and a minimum of 30 inches from the front of wall or floor
heaters, gas fireplaces, or as required by the manufacturer.
19. Flammable liquid storage is
prohibited except in garages where up to 5 gallons of fuel may be stored in
approved containers for maintenance purposes. This requirement excludes
fuel tanks in vehicles.
20. The roof and grounds of the
transient private home rental shall be kept clear of accumulations of pine
needles, weeds, or other combustible materials.
VI. COMPLIANCE,
HEARINGS
(A) Transient rentals shall
be in compliance with all applicable ordinances and regulations of the City and
shall be subject to the enforcement and penalty proceedings contained in the
applicable ordinance. Additionally,
any property owner or agency who operates a transient rental in violation of
this Chapter may be subject to the abatement
and penalty provisions of Section 8.80, et seq. of the Municipal Code of the
City of Big Bear Lake.
(B)
Persons who may be charged with a violation of this chapter include
property owners, operators, rental agents, guests, and any other person using
the structures where the violation has been committed.
(C) In addition to any other remedy allowed under section V(D)(1) and VI (A), the City may do any of the following:
1. Attach conditions to the existing transient rental permit
2. Require a new home inspection
3. Suspend the transient rental permit
4. Revoke the transient rental permit; ;and/or
5. Prohibit an owner from obtaining a transient rental permit for a period of up to two (2) years.
(D) Repeated violations of this chapter on a registered property shall lead to cumulative penalties. These penalties shall accrue as follows whenever a violation results in a fine being imposed on or paid or whenever a finding of violation is made by a judge or code enforcement officer:
1. First Violation, a fine not exceeding two hundred fifty dollars ($250.00)
2. Second and subsequent Violations; a fine not exceeding five hundred dollars ($500.00)
3. Third violation: six month suspension of permit
4. Fourth violation: two year suspension of permit.
After any period of three years during which there were no fines imposed or paid and no formal findings of violations of this division, the next violation shall be deemed to be the first violation for the purposes of this section.
(E). Any property owner found in violation of the provisions of this ordinance shall be required to reimburse the City for its costs of enforcement including reimbursement of staff time, investigation costs, mailings, service fees, mileage and other costs relating to the investigation and prosecution of the violation in question.
VII.
MISCELLANEOUS PROVISIONS
(A) EXPLANATORY BROCHURE. Not later THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS chapter, the City shall prepare and make available to the public at no charge a brochure which explains the regulations and requirements of this Chapter in language which is clear and understandable to lay persons, which brochure may be revised and amended from time to time as the City deems appropriate.
(B) ENFORCEMENT OFFICER. The City shall have a code enforcement officer on duty twenty-four (24) hours a day during holidays, during weekends following snowfalls exceeding three (3) inches within 14 days preceding the weekend, and at any other time as deemed appropriate by the City Manager. The code enforcement officer shall continually drive the residential streets of the city, and where there appears to be a violation of section V.(D) 7of this Chapter, he shall knock on the door of the residence, count the number of occupants, and shall notify both the occupants and the Owner or Managing Agency or Agent of any violation. The violation shall be corrected within one (1) hour of such notification. The Enforcement Officer shall also be available at all times to respond to complaints.
(C) DISCRETIONARY ACTS OF
THE
(D) EFFECT OF INVALIDITY OF A PORTION OF THIS CHAPTER. If any Section or provision of this Chapter is held to be invalid or unenforceable by final decision of any court of competent jurisdiction, such determination shall not affect the continued validity or enforceability of all other provisions of this Chapter, all of which shall remain in full force and effect.
(E)
AMENDMENT OR REPEAL.
As this Chapter was enacted pursuant to the initiative power of the
people of
(F) EFFECTIVE DATE.
After its adoption by the voters, this Chapter shall be in full force and
effect ten (10) days after the vote
is declared by the legislative body, pursuant to the provisions of Elections
Code sections 9217 and 15400, and as provided by law.