Whittier Municipal Code Ch. 5.68 Short-term Rental Businesses

"Short-term rental" or "short-term rental business" shall mean the rental of a dwelling unit or a portion thereof, by the owner to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period of thirty consecutive calendar days or less (i.e., twenty-nine or fewer consecutive overnight stays). The rental of units within city-approved hotels, motels, or bed and breakfasts shall not be considered a short-term rental.

"Short-term rental platform" or "platform" shall mean a person or entity that provides a means through which a short-term rental property owner may offer a unit for short-term rental use, and from which the person or entity financially benefits.

"Short-term rental property" shall mean a parcel of real property, as shown on the latest equalized tax assessment roll maintained by the Los Angeles County Assessor, upon which a short-term rental unit is maintained. "Short-term rental property" includes the premises upon which a short-term rental unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements.

"Short-term rental unit" shall mean a dwelling, or any portion thereof, which is being rented, or is intended to be rented, as a short-term rental to a person or group of persons.

(Ord. No. 3175, § 1, 2-24-26)

The purpose of this chapter is to promote the public peace, health and safety by regulating the location, occupancy and operations of short-term rentals to protect residential neighborhoods against undue noise, an unsafe increase in traffic and parking problems, excessive litter and trash, disturbances caused by parties and the accompanying police response, public drug use and the frequent coming, going and transient occupation of residential homes by those not invested in the neighborhood quality of life.

(Ord. No. 3175, § 1, 2-24-26)

A. No person shall operate a short-term rental business unless a permit has been obtained in accordance with this chapter.

B. A permit obtained under this chapter does not constitute a vested right, shall not run with the land, and shall be personal and limited to the owner listed on the application.

C. Any permit obtained under this chapter shall expire six months from the date of issuance, unless renewed as provided in Section 5.68.080.

(Ord. No. 3175, § 1, 2-24-26)

The application for a short-term rental permit shall contain all of the following:

A. The name, address, email address, and telephone number of the owner of the short-term rental and the name and address of the person to whom any additional notice pursuant to this chapter should be given. Only the property owner may apply for a short-term rental permit.

B. The location of the short-term rental property, including a diagram identifying the location of the short-term rental structure or portion of structure on the property and the location of the required parking.

C. An executed document, approved as to form by the city attorney, by which the permittee agrees to indemnify and hold harmless the city, its officers, employees and agents from any claim, demand or judgment in favor of any person, arising out of activities of the permittee with respect to the operations of the short-term rental.

D. A valid business license issued by the City of Whittier.

E. A completed uniform transient occupancy tax registration form.

F. Proof of liability insurance as required herein.

(Ord. No. 3175, § 1, 2-24-26)

Each application shall be accompanied by a permit fee in such amount as is established from time to time by resolution of the city council.

(Ord. No. 3175, § 1, 2-24-26)

A. Ownership. A short-term rental permit shall only be issued for a property owned by a person that occupies the short-term rental property for a majority of the calendar year, or has their primary residence elsewhere in the City of Whittier. No short-term rental permit shall be issued to a corporation, a limited liability company, or any form of business trust. Not more than three short-term rental permits shall be issued to the same person.

B. Permitted locations.

1. Zones. A short-term rental business shall be allowed only in zones which allow this use as specified in Title 18 of this Code. Legal nonconforming residential uses in zones not otherwise allowing this use will not be eligible for a short-term rental permit. Accessory and Junior accessory dwelling units may not be used as a short-term rental.

2. Distance Separation. No more than two short-term rental units shall be located on a single property and no permitted short-term rental property shall be located within three hundred feet of another permitted short-term rental property, as measured from the external boundaries of the property. If more than one person applies for a permit for a short-term rental located within this distance, only the application that is approved first shall result in issuance of a permit.

3. Length of Stay. There shall be a minimum two-night stay for any booking of a short-term rental. In no case shall a stay exceed more than thirty consecutive days (i.e., twenty-nine consecutive nights).

C. Good Neighbor Policy.

a. Property Manager. The owner of a short-term rental shall provide each adult occupant with the name and telephone number of a property manager who is able to physically respond to the short-term rental location within thirty minutes. The property manager may be the owner or other responsible person able to respond within the timeframe indicated. This information shall also be provided as part of the good neighbor policy and shall be provided to the city business license coordinator. All property manager information shall be kept up to date.

b. Neighbor Notice. The owner of a short-term rental shall notify each adjacent and facing property owner and each adult resident of said property of the existence of the short-term rental business and provide a written list of the rules and restrictions and up-to-date property manager contact information.

c. Occupant Notice. All occupants of the short-term rental over the age of eighteen shall receive and sign a list of the rules and restrictions imposed on the short-term rental, as published by the city. A copy of said list of rules and restrictions shall be posted in a prominent location in the short-term rental at all times occupants are present. The list of rules and restrictions signed by occupants shall be made available to the city upon request.

d. Parking. Short term rental units may only be located on properties that have at least one off-street parking space per short term rental unit. All vehicles of short-term rental occupants shall be parked only in an approved driveway, garage, or similar structure on the short-term rental property.

e. Noise. The hours between ten p.m. and eight a.m. are designated as "quiet time," so that no activity will disturb the peace and quiet of the surrounding area or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

f. Occupancy Restrictions. The occupancy limit for a short-term rental shall be two persons per bedroom, plus an additional two persons. Children under the age of two shall not be counted toward the occupancy limit.

g. Prohibited activities. Large events, parties, corporate retreats, commercial filming, conferences, weddings and similar gatherings are prohibited at short-term rental properties.

h. Trash must be placed in approved containers and not left in visible locations anywhere on or near a short-term rental property.

D. TOT. Payment of Transient Occupancy Tax as provided in Chapter 3.20 of this code shall be made for each short-term rental occupancy.

E. Inspections. The city shall have the authority to conduct random inspections of the short-term rental property as it deems necessary to ensure compliance with the provisions of this chapter, including without limitation, inspections based upon any complaints or violations and inspections prior to issuance or renewal of a permit. No inspection shall occur that is inconsistent with an individual's Fourth Amendment rights under the United States Constitution.

F. Insurance. The owner shall maintain liability insurance appropriate to cover the short-term rental use in an amount not less than one million dollars general aggregate. Proof of such insurance in the form of a certificate of insurance shall be provided to the city upon submittal of short-term rental permit application. In the alternative, the owner may submit proof satisfactory to the city that short-term rental transactions will be conducted solely through a platform that provides equal or greater liability insurance.

(Ord. No. 3175, § 1, 2-24-26)

A. In addition to the enforcement procedures set forth in Chapter 1.08 of this Code, the city may issue to the owner and/or property manager an administrative citation for any violation of this chapter or this Code by the owner, the property manager or the occupants of the short-term rental as follows:

1. First offense: an administrative fine of one thousand dollars shall be assessed for a minor offense or a major offense, as defined herein.

2. Second offense within any continuous period of twelve months in connection with the same property: an administrative fine of two thousand dollars shall be assessed for a minor offense or a major offense, as defined herein.

3. Third and subsequent offenses within any continuous period of twelve months in connection with the same property shall result in revocation and/or non-renewal of the short-term rental permit.

B. Minor offenses shall include:

1. Property manager response more than thirty minutes but less than sixty minutes after a complaint.

2. Occupancy limit exceeded by up to two persons.

3. Other violations deemed minor by the chief of police and director of community development or his/her designee.

C. Major offenses shall include:

1. Property manager response sixty or more minutes after a complaint.

2. Occupancy limit exceeded by more than two persons.

3. Rental of fewer than two nights.

4. Failure to abide by good neighbor policy.

5. Failure to pay required transient occupancy tax.

6. Criminal activity on the short-term rental property.

7. Two minor offenses within a continuous period of twelve months.

8. Operation of a short-term rental without a permit or business license.

9. Failure to resolve noise complaint during "quiet time" within thirty minutes.

10. Other violations deemed major by the chief of police and director of community development or his/her designee.

(Ord. No. 3175, § 1, 2-24-26)

A. A short-term rental permit shall be revoked or non-renewed by the director of community development upon the occurrence of any of the following:

1. Three major offenses within any continuous twelve-month period.

2. Any major offense deemed so egregious by the chief of police and director of community development or his/her designee that revocation or non-renewal is in the interest of public health, safety and welfare.

B. An owner of a short-term rental whose permit has been revoked may not apply for another short-term rental permit for a period of twelve months after revocation. Revocation of a short-term rental permit shall not affect the validity of any other short-term rental permit held by the same owner. No short-term rental property for which the permit has been revoked is eligible for another short-term rental permit for a period of twelve months after revocation.

C. An application for renewal of a short-term rental permit shall be submitted at least thirty days prior to expiration of the existing permit. The city may deny renewal of a short-term rental permit for any violation of this chapter occurring in the proceeding six months.

D. The decision to revoke or not renew a short-term rental permit may be appealed pursuant to Section 1.09.070 of this Code.

(Ord. No. 3175, § 1, 2-24-26)

A. All platforms that display short-term rental listings for properties in the city shall comply with the following:

1. Require that all owners using the platform include a city business license number in any listing for a short-term rental on the platform.

2. Provide the following information in an electronic format to the city on a quarterly basis. These reports shall be due at the end of the month following the end of each calendar quarter:

a. The total number of short-term rentals in the city listed on the platform during the applicable reporting period.

b. The total number of nights all short-term rental units were rented through the platform during the applicable reporting period.

B. The city shall have the authority to subpoena information from short-term rental platforms. The platform shall notify the owner of the information requested in the subpoena within ten business days of receiving the subpoena and produce responsive records within twenty-one days of providing notice to the owner, except to the extent that the owner has sought relief from the subpoena in a court of competent jurisdiction.

C. A violation of this chapter applicable to platforms shall be subject to the following administrative penalties per violation for each listing from the date the violation occurs until compliance is achieved:

1. Two hundred dollars per day for each violation for the first ten days; and

2. Five hundred dollars per day for each violation for each day beyond ten days of noncompliance until compliance is achieved.

D. Administrative penalties issued pursuant to this section may be appealed pursuant to Section 1.09.070 of this Code,

(Ord. No. 3175, § 1, 2-24-26)

In addition to the penalties provided herein, any violation of this chapter shall constitute a public nuisance and may be abated as provided in Chapter 8.08 of this Code and/or under state law.

(Ord. No. 3175, § 1, 2-24-26)