.010 A permit shall be required for the use of a dwelling in the city as a short-term rental before undertaking, maintaining, facilitating, advertising for rent, listing or renting any dwelling to any person as a short-term rental.
.020 Any application required under this chapter shall be submitted to the Planning Director upon forms provided by the city and signed by the owner under penalty of perjury. Each application shall contain all of the following information at the time of filing an application. The owner or the owner's agent, as the case may be, shall promptly, upon a change of any of the information contained in or accompanying such application, update such information to maintain accuracy.
A. The full legal name, street and mailing addresses, the email address, and the telephone number of the owner of the dwelling and in all cases where a business entity or trust is the owner of the dwelling, the individual who has responsibility to oversee the ownership of the dwelling on behalf of the business entity or trust, including the street and mailing address, the email address and the telephone number of the individual having such responsibility.
B. If the owner of a dwelling is a business entity, information and documentation pertaining to the owner's status with the California Secretary of State.
C. If the "owner" is a lessee where a lessee is offering a dwelling, or any portion thereof, as a short-term rental, the lessee shall provide (i) the full legal name of the person(s) or entity(ies) that hold(s) legal title to the dwelling, (ii) the street and mailing addresses, email address, and telephone number(s) of said person(s) or entity(ies), and (iii) said written acknowledgement by said person(s) or entity(ies) of his/her/its/their understanding of all City of Anaheim short-term rental rules and his/her/its/their agreement that he/she/it/they is/are legally responsible for compliance by all occupants of the short-term rental unit with all provisions of this chapter and this code and his/her/its/their liability for any fines incurred by occupants or a responsible person.
D. If the "owner" is a lessee where a lessee is offering a dwelling, or any portion thereof, as a short-term rental, the person(s) or entity(ies) that hold(s) legal title to a dwelling that is the subject of a short-term rental permit shall by written agreement with the city provide that such person(s) or entity(ies) and the subject property shall be subject to the provisions of Section 2.12.090 (Transient Occupancy Tax a Debt – Civil Action) of this code for the failure of the owner's lessee to pay transient occupancy tax to the city.
E. The full legal name or business name, the street and mailing address(es), the email address(es), and the telephone number(s) of the agent, if any, of the owner, including the owner's written authorization of engagement or appointment of the agent to act on behalf of the owner.
F. The full name, the email address, and telephone number of the local contact person, if any, if the local contact person is not also either the owner or the owner's agent.
G. The street address of the dwelling proposed to be used as a short-term rental unit.
H. A site plan and floor plan accurately and clearly depicting the size and location of the existing dwelling and the approximate square footage in the dwelling, the number and location of designated off-street parking spaces and the maximum number of vehicles allowed for overnight occupants. The floor plan shall describe the use of each room in the dwelling, the number, location and approximate square footage of all bedrooms, and any accessory buildings, including but not limited to garages and accessory living quarters, and the maximum number of overnight occupants under the limitations imposed under paragraph .0111 of subsection .010 of Section 4.05.100 of this chapter.
I. The permit renewal fee, as set by resolution of the City Council.
J. Written acknowledgement and agreement by the owner that, in the event a permit is approved and issued, the owner agrees to assume all risk and indemnify, defend and hold the city harmless concerning the city's approval of the permit, the operation and maintenance of the short-term rental unit and short-term rental property, and any other matter relating to the short-term rental unit and short-term rental property, including without limitation any claim or demand made by the governing body of a homeowners' or maintenance association having jurisdiction over the subject dwelling in any action or proceeding in which the city is named or made a party arising out of or connected with the subject matter of any applicable covenants, conditions and restrictions and/or rules and regulations, except that the owner shall not be required to indemnify, defend or hold harmless or be liable for the city's sole negligence or intentional misconduct. It is the responsibility of the owner and not the city to investigate, verify with the relevant homeowners' association or maintenance organization, and determine that the use of a dwelling as a short-term rental does not violate any applicable covenants, conditions and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the short-term rental property. Notwithstanding the city's issuance of a short-term rental permit, the city shall not have any obligation or be responsible for making a determination regarding whether or not the issuance of a short-term rental permit or the use of a dwelling as a short-term rental is permitted under any covenants, conditions and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the short-term rental property, and the city shall have no enforcement obligations in connection with such covenants, conditions and restrictions or such regulations or rules. If the "owner" is a lessee where a lessee is offering a dwelling, or any portion thereof, as a short-term rental, the person(s) or entity(ies) that hold(s) legal title to a dwelling that is the subject of a short-term rental permit shall provide the same written acknowledgement and agreement as a lessee.
K. Written acknowledgement by the owner and the owner's agent (if any) that he/she/they have read all regulations pertaining to the operation of a short-term rental, including this chapter, the city's business license requirements, the city's transient occupancy requirements, any additional administrative regulations promulgated or imposed by the Planning Director to implement this chapter, and acknowledging responsibility for compliance with the provisions of this chapter.
L. Such other information as the Planning Director deems reasonably necessary to administer this chapter.
M. Except as otherwise provided for renewal applications under subsection .090 of Section 4.05.040, an owner must provide the information and documentation required by this subsection .020 in any application or renewal application.
.030 The Planning Director shall review each pending application and application for renewal of a duly issued permit for completeness and accuracy before it is accepted as being complete and officially filed. The Planning Director's determination of completeness shall be based on the aforementioned list of required application contents and any additional information determined by the Planning Director to be necessary to determine conformance with this chapter.
.040 An application may be denied if a short-term rental permit for the same dwelling and issued to the same owner has expired or previously has been revoked.
.050 Except for a pending application, which shall be governed by the provisions of subsection .070 of Section 4.05.040, the applicant for the renewal of a duly issued short-term rental permit shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Planning Director within thirty (30) calendar days after the date of notice. Failure to submit the required information within the thirty (30) day period may be cause for denial of the renewal application.
.060 The Planning Director may require an on-site inspection of the property to be performed by an enforcement officer during daytime business hours before confirming that the application complies with all of the applicable criteria and provisions of this chapter.
.070 A pending application or an application for renewal of a duly issued permit shall be granted upon payment of the required fee and timely submittal of a completed application that satisfies all of the conditions for renewal or permit issuance; provided that the short-term rental permit for the property has not been revoked and is not the subject of a revocation proceeding, and providing there are no building, electrical, plumbing, mechanical, fire, health, police or other code enforcement violations that involve a risk to public or private health or safety (in such event issuance of the permit or the permit renewal may be delayed until the risk to public or private health or safety is resolved).
.080 If the Planning Director determines that an applicant for a pending application or an applicant for renewal of a short-term rental permit has satisfied the application requirements, including payment of fees established by the City Council by resolution, the Planning Director shall issue a permit (for pending applications) and, for properties that had legal permits, a renewal permit, the issuance of which shall be conditioned upon compliance with the conditions identified by the Planning Director in the permit and subject to compliance with the operational requirements of Section 4.05.100 and with all other terms, conditions and requirements of this chapter and the code. If a permit in response to a pending application or an application for renewal of a duly issued short-term rental permit is not issued, the Planning Director will notify the applicant in writing. The notice will set forth the Planning Director's reasons for denial and the procedures for an appeal of the Planning Director's determination.
.090 As a part of the approval of a pending application or the renewal of a short-term rental permit, the Planning Director may impose such conditions in connection with the permit as he or she deems necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied.
.100 Upon issuance of a short-term rental permit in response to a pending application or an application for renewal of a duly issued short-term rental permit, the owner shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the short-term rental unit.
.110 Within fourteen (14) calendar days of a change of ownership of a short-term rental property, the new owner or the new owner's agent shall submit to the Planning Director an application for a transfer of a short-term rental permit, accompanied by the payment of such fee or fees as may be established by resolution of the City Council. Such application shall contain all of the information set forth in subsection .020 of this section and shall be accompanied by payment of the requisite fee for the processing of the transfer application, as set by resolution of the City Council. If such a timely and complete transfer application is submitted, the short-term rental permit duly issued, valid and in effect prior to its expiration date, shall be extended until the date a determination is made by the Planning Director to approve or deny such application. No purchaser of the real property upon which the permitted short-term rental is located shall operate a short-term rental under the permitted owner's short-term rental permit if a completed transfer application is not submitted within the fourteen (14) day period. Failure to timely submit the required complete application within the fourteen (14) day period may be cause for denial. Likewise, any building, electrical, plumbing, mechanical, fire, health, police or code enforcement matter involving a risk to public or private health or safety, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices, may be cause for denial of an application for a transfer of a short-term rental permit if not cured within a reasonable period of time, not to exceed thirty (30) days, after the date on a notice from the Planning Director to the owner to do so, unless a further extension is granted in writing by the Planning Director.
.120 At any time during the pendency of a short-term rental permit, the owner shall promptly, upon a change in any material facts set forth in the application for a short-term rental permit or a renewal thereof, including, but not limited to, a change of the owner's agent or local contact person, update such information to maintain accuracy. (Ord. 6299 § 1 (part); May 13, 2014: Ord. 6374 § 1 (part); July 12, 2016: Ord. 6404 § 1 (part); April 4, 2017.)