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No permit for a homeshare or vacation rental shall be issued for any of the following:
(A) A dwelling subject to a city-imposed covenant, condition or agreement restricting its use to a specific purpose including but not limited to an affordable housing unit, farmworker housing, a superintendent or caretaker dwelling.
(B) A dwelling on property fully or partially owned by a corporation, partnership, limited liability company, or other legal entity that is not a natural person, except in the event every shareholder, partner or member of the legal entity is a natural person as established by documentation (which shall be public record) provided by the permit applicant. In the event this exception applies, every such natural person shall be deemed a separate owner of the subject dwelling and property for purposes of this article.
(C) A dwelling on property owned by six or more owners, unless each owner shares common ancestors.
(D) A dwelling or structure that has not, if legally required, obtained a full building final inspection or been issued a valid certificate of occupancy by the city building official.
(E) A mobile home located in a mobile home park.
(F) Space in a yard or on a balcony. Camping in a backyard or on a balcony as a form of STR is prohibited.
(G) A vehicle, to include an RV, car or boat. Use of a vehicle as a form of STR is prohibited.
(H) An accessory dwelling unit.
(Ord. No. 2969)
Prior to the initial issuance of a permit under this article, the city building official or designee shall conduct an inspection to determine the number of bedrooms within the unit and ensure the dwelling and site comply with the provisions of this article and other applicable building and zoning codes and regulations regarding parking, access, fire, and other relevant health and safety standards. If any violation is identified during the inspection, no permit shall be issued under this article until the violation(s) is abated.
(Ord. No. 2969)
(A) Applications for the initial issuance and renewal of permits under this article shall meet the form and content requirements as established by the community development director or designee.
(B) Each application shall include a floor plan showing all rooms with each room labeled as to room type and a site plan depicting the location of all on-site parking and existing structures and describing the use of all existing structures.
(C) Each application shall include a nuisance response plan containing the information required by section 16-666.
(D) Each application shall include a mailing list for notifications pursuant to section 16-668.2(B) along with fees as set forth in the planning division fee schedule.
(E) Each application shall include an affidavit in a form provided by the community development director or designee, signed by each owner of the subject property, agreeing to comply with the operational standards of section 16-667 and the property management requirements of section 16-668 should the permit be issued. The affidavit form shall also include the following statement: “The City considers the short-term rental of dwellings to be businesses that are operated in residential zones. Short-term rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of Chapter 16, Article XI of the Oxnard City Code. Violations are grounds for permit revocation, fines, and/or criminal prosecution.”
(F) For a homeshare only, annually provide to the planning division proof of a homeowner’s exemption from the county assessor and a fully-executed statement that the property is owner occupied.
(G) An annual permit fee authorized by the fee schedule applicable to the planning division may be collected upon the filing of an application to cover the city’s costs of administering this article.
(H) Prior to permit issuance under this article, the applicant shall: (i) pay all applicable city fees; (ii) provide contact information for the owner of a homeshare, or designate and provide contact information for one or two property managers of a vacation rental, pursuant to section 16-668.1(C); (iii) provide a fully-executed affidavit pursuant to section 16-665(E); (iv) provide proof of compliance with the applicable business tax and licensing, and transient occupancy tax. requirements pursuant to section 16-668.6; (v) for a homeshare only, proof of homeowner’s exemption and statement that property is owner occupied pursuant to section 16-665(F); (vi) provide proof of insurance pursuant to section 16-668.7; and (vii) provide the fully-executed defense and indemnification agreement pursuant to section 16-668.8.
(I) Notwithstanding any other provision of this article, no public hearing shall be conducted regarding permit applications under this article. Decisions of the community development director or designee on permit applications to approve a short-term rental permit are final when rendered and are not subject to appeal.
(Ord. No. 2969)
Each nuisance response plan accompanying a vacation rental application shall contain the following information and otherwise be in a form required by the community development department.
(A) The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a vacation rental pursuant to the permit;
(B) The name, address and telephone number of the person or persons who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the vacation rental by tenants, their visitors and/or their guests. For the purposes of this article, a return telephone call to a complainant shall be deemed “prompt” when:
(1) Between the hours of 7:01 a.m. and 9:59 p.m. the call to contact the renter to correct the problem is made within 30 minutes of receiving the initial complaint;
(2) Between 10:00 p.m. and 7:00 a.m., the quiet hours, the call to contact the renter to correct the problem is made within 15 minutes of receiving the initial complaint.
(C) No more than a total of three persons shall be designated in the response plan as a person responsible for responding to or causing a response to a nuisance complaint; and
(D) Only one such person shall be designated as the person responsible for responding to a nuisance complaint during any particular hours of the day, different days in a week, and/or different weeks of the year.
(E) The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.
(F) The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this article “timely corrective action” shall include, at a minimum, a telephone call to the primary adult occupant of the short-term vacation rental within 30 minutes of the initial nuisance complaint.
(Ord. No. 2969)
The following minimum operational standards specified shall apply to all homeshares and vacation rentals. All owners, renters, occupants and visitors of homeshares and vacation rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and vacation rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.
(Ord. No. 2969)
Vacation rental units may be rented for no more than 100 days during any calendar year. Notwithstanding any language in this section to the contrary, the 100-day annual cap per calendar year shall not apply to a dwelling unit within a development:
(A) That is subject to the Vacation Ownership and Time-share Act of 2004; and
(B) That became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.
(Ord. No. 2969)
(A) Vacation rental overnight occupancy shall be limited to a maximum of two persons per bedroom occupying up to five bedrooms, plus two additional persons, up to a maximum of ten persons.
(B) Homeshares shall have a maximum of two bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five rental guests.
(C) Inclusive of the owner(s) in the case of homeshares, the maximum number of total persons allowed on the property at any time shall not exceed the maximum overnight occupancy plus six additional persons. No person who is not staying overnight at the homeshare or vacation rental shall be on the property during the quiet hours stated in section 16-667.4(B).
(D) Homeshares and vacation rentals shall not be rented to more than one group at a time; no more than one rental agreement shall be effective for any given date.
(E) The primary occupant of a vacation rental shall be an adult 21 years of age or older. The primary occupant shall be legally responsible for compliance of all occupants of the unit and/or their guests with all provisions of this article and/or this code.
(Ord. No. 2969)
(A) Parking shall be provided on the property as follows:
(1) A minimum of one parking space for vacation rentals in a studio or one bedroom;
(2) A minimum of two parking spaces for homeshares and vacation rentals with two to four bedrooms; and
(3) A minimum of three parking spaces for homeshares and vacation rentals with five or more bedrooms.
(B) Permitted garages and driveways on the property shall be unobstructed and made available for renter parking.
(Ord. No. 2969)
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