.010 All permits and renewals issued pursuant to this chapter are subject to the following requirements:
.0101 The owner shall ensure that the short-term rental property and short-term rental unit(s) comply with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances and obtain all permits required and pay all applicable fees.
.0102 The short-term rental property and short-term rental unit(s) must be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances prior to permit issuance or renewal and at all times during the pendency of a short-term rental permit.
.0103 The owner shall permit an enforcement officer to conduct an inspection of the premises of a short-term rental unit and short-term rental property to confirm compliance with this chapter, including the requirements of this paragraph. No inspection shall occur that is inconsistent with an individual's Fourth Amendment rights under the United States Constitution or otherwise in violation of rights guaranteed by law. Each dwelling must satisfy the following requirements to the satisfaction of the city:
(a) The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders, day or night.
(b) Smoke alarms shall be installed in all habitable areas except the kitchen in accordance with the Anaheim Building Code. The owner shall be responsible for testing and maintaining the smoke alarms.
(c) At least one 2A: 10BC-rated portable fire extinguisher (State Fire Marshal approved design) shall be installed in plain sight and within easy reach on each floor of a dwelling. The owner shall be responsible for replacement or recharge after each use. The fire extinguisher shall be fully charged at all times.
(d) One or more carbon monoxide devices meeting the standards of Section 13262 of the California Health and Safety Code shall be installed in common stairways and hallways. The owner shall be responsible for testing and maintaining the carbon monoxide devices.
(e) An automatic fire sprinkler system approved by the State Fire Marshal shall be installed no later than August 11, 2021 in a dwelling having an occupancy permitted under this chapter of more than ten (10) persons. The owner shall apply for and obtain all permits required for the installation and pay all required fees. The owner shall be responsible for testing and maintaining the fire sprinkler system. If an owner agrees to a restriction in the short-term rental permit limiting the occupancy to ten or fewer occupants, even though the bedroom count would allow more occupants, the automatic sprinkler system requirement shall not apply.
(f) An exit/egress and an emergency evacuation map printed in type and size approved by the city's Fire Chief or his or her authorized representative shall be displayed in a prominent location on each floor used for sleeping purposes and on the interior or back side of each bedroom door.
(g) An informational packet of emergency numbers shall be prepared for and provided to occupants to direct them in the event of an emergency.
(h) Exterior gates leading to and from the front, side and/or back yards shall not be padlocked.
(i) Hallway doors and exit doors shall not be obstructed or otherwise prohibited from fully opening.
(j) If a short-term rental unit that has not installed an automatic fire sprinkler system may be rented to any person whose overnight occupants include a person who is "non-ambulatory" (as defined in Chapter 2 of the California Fire Code), there will be at least one bedroom that meets the following requirements: exiting from a short-term rental unit shall be provided by way of an exterior exit door from that bedroom unless (1) occupants are able to exit from that bedroom without entering a hallway through a door into an adjoining bedroom or other room that has an exit to the exterior of the dwelling, or (2) occupants are able to exit from that bedroom through a hallway to a room adjoining the hallway that has an exit to the exterior of the dwelling; however, a door is required in the hallway, which hallway door shall open in the direction of travel and have a self-closure and be a 1-3/8 inch solid core. The owner shall apply for and obtain all permits required for the installation and pay all required fees. The requirements of this paragraph (j) must be met by August 11, 2021.
(k) No double-keyed dead bolt locks may be installed on exit doors.
(l) Dwellings with swimming pools, as defined in Chapter 2 of the California Building Code, shall have gates that conform to the specifications and requirements of Section 3109.4.1.7 (entitled "GATES") of the California Building Code.
The time limits within which to satisfy one or more of the requirements provided in this subsection .0103 may be extended by the enforcement officer responsible for enforcing the requirements of this subsection .0103 upon written application made by an owner to the Fire Chief and upon the showing of good cause therefor to the satisfaction of the Fire Chief. In addition, upon written application of an owner made to the Fire Chief and showing good cause demonstrating that strict application of a specific requirement in this subsection .0103 will deprive the owner of benefits that owners of most other short-term rentals in the city are able to enjoy, the Fire Chief may, in the Fire Chief's sole and absolute discretion, modify, waive, adjust or grant an exception to said requirements.
.0104 The city shall have the authority to conduct random inspections of a short-term rental property and short-term rental unit(s) as the Planning Director deems necessary or prudent to ensure compliance with the provisions of this chapter, including without limitation, based upon any complaints or violations that occur or prior to a renewal of a permit. No inspection shall occur that is inconsistent with an individual's Fourth Amendment rights under the United States Constitution or otherwise in violation of rights guaranteed by law.
.0105 (a) While a short-term rental unit is rented, the owner, the owner's agent and/or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental unit. The owner, the owner's agent, and/or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer or the city's Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner, the owner's agent, and/or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter.
(b) Within ten (10) calendar days following (i) the issuance of a short-term rental permit in response to a pending application under paragraph .0704 of Section 4.05.040, (ii) the issuance of a renewal permit, and/or (iii) the approval of a transfer application under subsection .110 of Section 4.05.060, the owner shall mail or personally deliver in writing the following information to the owners and occupants of properties contiguous to and directly across the street (or alley or other right-of-way) from the short-term rental property: the name and telephone number of the person, whether the owner, the owner's agent or the local contact person, who shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental unit. Thereafter, within thirty (30) days of the occurrence of the events described in (i), (ii) or (iii), the owner shall sign under penalty of perjury, and submit to the Planning Director, a dated written certification that the required mailing or delivery was completed. At any time during the pendency of a short-term rental permit such information changes, the owner shall promptly mail or personally deliver in writing the updated information to maintain accuracy and shall also promptly submit to the Planning Director a signed (under penalty of perjury) and dated written certification that the required mailing or delivery of the updated information was completed.
.0106 All off-street parking required by this chapter shall conform to the provisions of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of this code; provided, however, that required off-street parking spaces may be in tandem to other off-street parking spaces, or in some other location and/or configuration, if approved by the Planning Director in his or her sole and absolute discretion in accordance with subsection .030 of Section 4.05.100 of this chapter.
.0107 During periods that the short-term rental property is being used as a short-term rental by occupants, no recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo container, or personal water craft may be parked at or on the short-term rental property or on the street, unless it belongs to the owner, the owner is also physically occupying the short-term rental property during that period, and is not being used by short-term rental occupants.
.0108 Short-term rental property(ies) and short-term rental unit(s) shall be used only for overnight lodging accommodations. At no time shall a short-term rental unit or short-term rental property be used for activities in excess of the occupancy limits established in paragraph .0111 or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.
.0109 All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the city-issued permit number (REG ID#) as part of the rental offering. No person shall advertise the use of a dwelling as a short-term rental unless the city has approved a short-term rental permit pursuant to this chapter.
.0110 The duration of any rental of a dwelling as a short-term rental shall be for a minimum of three (3) consecutive nights. In any advertising concerning the availability of a dwelling as a short-term rental, the owner or owner's agent shall advertise the minimum number of rental nights set forth in this paragraph and the maximum number of occupants allowed to occupy the short-term rental.
.0111 Until January 1, 2017, the occupancy limits for a short-term rental shall be as set forth in paragraph .0112 of subsection .010 of Section 4.05.100 of this chapter in effect prior to August 11, 2016. Thereafter, commencing January 1, 2017, the owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants:
Number of Bedrooms | Total Occupants |
0-Studio | 2 |
1 | 4 |
2 | 7 |
3 | 9 |
4 | 11 |
5 | 13 |
6 | 15 |
7 | 17 |
8 | 19 |
For any dwelling having more than eight (8) bedrooms, the maximum number of occupants shall not exceed nineteen (19) persons. If the short-term rental permit limits occupancy to a number less than that shown on the table, the limit in the permit shall govern.
.0112 All vehicles of occupants of a short-term rental unit shall be parked only in an approved driveway or garage on the short-term rental property; except that the owner of a short-term rental property may also purchase one (1) parking permit or placard from the city that can be used by, and must be visibly displayed inside the vehicle of, the short-term rental unit occupant, allowing no more than one (1) occupant vehicle to park on a public street where parking is otherwise legal. For those streets of the city governed by permit parking districts, the owner of a short-term rental property may purchase one (1) parking permit or placard from the city that can be used by, and must be visibly displayed inside the vehicle of, the short-term rental unit occupant, allowing no more than one (1) occupant vehicle to park on a public street in that particular permit district. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property or the blocking of the driveway or street in front of said property. The term "sidewalk" shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.
.0113 No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.
.0114 The business license or copy thereof shall be prominently displayed in a visible interior location at the short-term rental property during any periods of occupancy thereof by any person other than the owner(s) of the dwelling.
.0115 If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of the code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner, the owner's agent and/or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner, the owner's agent and/or the local contact person to affirmatively respond to the officer's request within 45 minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a major violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner, the owner's agent or the local contact person act as a peace officer or place himself or herself in an at-risk situation.
.0116 The owner, the owner's agent and the local contact person shall use reasonably prudent business practices to ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit.
.0117 No musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 10 p.m. and 9 a.m.
.0118 The hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet time," so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. It shall constitute a major violation if any occupants engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours between 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a short-term rental property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a short-term rental property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The owner shall post signs of a size, type and at a location (or locations) acceptable to the Planning Director near all doors leading to the exterior of a short-term rental unit, advising occupants of "quiet time."
.0119 Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 12:00 midnight the day of the scheduled trash collection. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on-site and in the adjacent portion of the street.
.0120 Prior to occupancy pursuant to each separate occasion of rental of a short-term rental unit, the owner or the owner's agent shall enter into a written rental agreement with a responsible person which establishes and sets out the terms and conditions of the rental agreement and requires the responsible person to (1) provide his or her name, age, address, and driver's license number or passport number and agree to be accessible to the owner, the owner's agent and the local contact person (if any) by telephone at all times, and (2) acknowledge his or her understanding of all City of Anaheim short-term rental rules and agree that he or she is liable for any fines incurred by occupants and legally responsible for compliance by all occupants of the short-term rental unit with all provisions of this chapter and this code. Said written rental agreement shall also include the following terms, notifications and disclosures, a copy of which rental agreement shall be given to each occupant and shall also be posted in a conspicuous location inside the short-term rental unit and shall be readily available for review upon inspections conducted by any enforcement officer or the city's Police Department pursuant to this chapter:
(a) The maximum number of occupants that are permitted and notification that failure to conform to the maximum occupancy is a violation of this chapter.
(b) The number of off-street parking spaces provided on the short-term rental property and the maximum number of vehicles that are permitted, along with the number of any permits for parking on the public street, with the requirement to visibly display those permits in the vehicles, and a summary of all applicable parking rules.
(c) The trash pick-up day(s) and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the short-term rental property.
(d) Notification that occupants may be cited or fined by the city and/or that the owner or the owner's agent has the right to immediately terminate the rental agreement and immediately evict the responsible person and all occupants upon any violation of this chapter or the code by any occupant.
(e) The name of the owner's agent and the name of the local contact person (if any) and a telephone number at which those persons may be reached at all times and 9-1-1 Emergency information.
(f) Notification of the city's Loud and Unreasonable Noise Ordinance (Chapter 6.73 (Provision of Police Services at Loud Parties or Other Events) of the code), which restricts excessive noise between the hours of 10 p.m. and 7 a.m.
(g) A clear and conspicuous statement that occupants must obey the requirements set forth in this chapter even if these requirements are more strict than the applicable covenants, conditions and restrictions or other rules or regulations of the governing body of any homeowners' association or maintenance organization having jurisdiction over the short-term rental property.
(h) A summary of any applicable covenants, conditions and restrictions and rules and regulations, including pool location and hours, of the governing body of any homeowners' or maintenance association having jurisdiction over the short-term rental property. 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.
(i) A copy of this chapter of the code, as the same may be amended from time to time.
(j) Notification that no musical instrument, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 10:00 p.m. and 9:00 a.m.
(k) Notification that the hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet time," so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. It shall constitute a major violation if any occupants engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours between 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a short-term rental property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
(l) Notification that if an enforcement officer investigates a suspected violation pertaining to the use or occupancy of a short-term rental unit, the owner, the owner's agent and/or the local contact person, upon the officer's request to cooperate in facilitating the investigation and correction of the suspected violation, is required to affirmatively respond to the officer's request within 45 minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation and failure to do so is a major violation of Chapter 4.05 (Short-Term Rentals) of the Anaheim Municipal Code.
.0121 It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of the city's Loud and Unreasonable Noise Ordinance (Chapter 6.73 (Provision of Police Services at Loud Parties or Other Events) of this code).
.0122 The owner, the owner's agent and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners, owners' agents and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.
.0123 Unless the garage of the dwelling has been included in the calculation of the number of available off-street parking spaces pursuant to this chapter, a garage may be used by the owner and occupants of a short-term rental as a game room in accordance with the city's requirements therefor; provided, however, that (a) no couches or other furniture designed for use as, or conducive to, sleeping accommodations shall be located inside a garage; (b) no independent living accommodations and facilities (including provisions for living, sleeping, eating, cooking and sanitation) shall be located inside a garage; (c) the garage door must be kept closed and the Planning Director may require soundproofing of the garage as a condition of permit issuance on the basis of substantiated complaints of noise emanating from the garage; (d) a garage may not be used at any time for sleeping purposes; (e) a garage may not be permanently modified to preclude its future use for the parking of vehicles; and (f) a garage may not be used as a game room between the hours of 10:00 p.m. and 9:00 a.m.
.0124 All short-term rentals shall be subject to the city's transient occupancy tax, as required by Chapter 2.12 (Transient Occupancy Tax) of this code.
.020 The Planning Director shall have the authority at any time to impose additional conditions on the use of any short-term rental unit and/or property to ensure that any potential secondary effects unique to the subject short-term rental unit or property are avoided or adequately mitigated.
.030 The Planning Director is authorized to modify the standard conditions upon request of an owner or an owner's agent based on site-specific circumstances for the purpose of allowing accommodation of a short-term rental unit and/or property. All requests must be in writing and shall identify how the strict application of one or more of the standard conditions create an actual and unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified must relate to physical constraints to the short-term rental property and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. In addition, the Planning Director is authorized to modify the standard conditions for a dwelling with a short term rental permit duly issued prior to the adoption of the moratorium on September 15, 2015 to accommodate for physical changes that added square footage or converted existing space to bedrooms pursuant to city building permits approved on or after the adoption of the moratorium on September 15, 2015. A request for such a modification must be in writing, identify the actual and unreasonable hardship to the owner that would occur if the accommodation is not allowed, and provide such other supplemental information as may be required by the Planning Director. The Planning Director shall only allow modifications which are consistent with the purpose and intent of this chapter. (Ord. 6299 § 1 (part); May 13, 2014: Ord. 6374 § 1 (part); July 12, 2016: Ord. 6393 §§ 1, 2; January 10, 2017: Ord. 6404 § 1 (part); April 4, 2017.)