7.110 Short-Term Vacation Rentals.
This Section establishes requirements and conditions for the establishment and operation of short-term vacation rentals within residential, planned unit development, and mixed-use zoning districts.
A. Purpose. The purpose of this section and the standards outlined below is to serve visitors of Petaluma, to ensure that short-term vacation rentals are compatible with residential and mixed use, and planned unit districts, and to preserve the character of the neighborhoods in which they are located.
B. Permit Required.
1. Short-term vacation rentals. Short-term vacation rentals are a permitted use only in residential, planned unit development, and mixed use zoning districts and only pursuant to a valid Short-Term Vacation Rental Permit issued in accordance with this section by the Planning Director or designee of the Planning Director.
2. Notice to Neighbors. Upon approval of a Short-Term Vacation Rental Permit, all property owners within 100 feet of the permitted Short-Term Vacation Rental shall be noticed in writing. Such notice shall include the location of the short-term vacation rental, number of rooms available for short-term vacation rental, and contact information of the locally-available manager.
C. Requirements Applicable to All Short-Term Vacation Rentals.
1. Guest Manual. The Host shall provide a written manual to guests providing the local manager’s contact information, the Performance Standards set forth in Chapter 21 of the Implementing Zoning Ordinance, parking limitations, and other helpful information to minimize conflict within the neighborhood.
2. Signs. On-site signage is prohibited.
3. Business License. All short-term vacation rentals require a valid Business License issued in accordance with Chapter 6.01 of the Petaluma Municipal Code.
4. Transient Occupancy Tax. Short-term vacation rentals are subject to and must satisfy all applicable requirements of the City’s transient occupancy tax.
5. Adversiting Short-Term Rentals. In every advertisement for the Short-Term Vacation Rental, the Permittee shall include the City issued Permit Number. It is a violation of this code to advertise a unit that does not have a valid short-term vacation rental permit.
6. Accessory Dwelling Units. An accessory dwelling unit permitted after September 7, 2017, shall not be permitted as a short-term vacation rental, consistent with Section 7.030(K).
D. Requirements Applicable to Hosted Short-Term Vacation Rentals. A Short-Term Vacation Rental in which the permittee occupies the property with the guests and is subject to the following requirements:
1. Limit on Maximum Number of Occupants. No more than 2 overnight occupants per bedroom plus 2 additional occupants are permitted.
a. No more than two bedrooms in the dwelling may be furnished for compensation. (See section 7.100 for Bed and Breakfast requirements.)
b. If the entire dwelling is an accessory/secondary unit, it may be furnished for compensation as a Hosted Short-Term Vacation Rental, provided that the guests constitute one party, which may be evidenced through a single rental agreement for the entire dwelling.
2. Manager. The permittee must be available at all times and be able to respond to complaints within 1 hour.
E. Permit Requirements Applicable to Non-Hosted Short-Term Rentals. A Short-Term Vacation Rental in which the permittee does not occupy the property with the guests and is subject to the following requirements:
1. Limits on Occupants.
a. The entire dwelling may be furnished for compensation, provided that the guests constitute one party, which may be evidenced through a single rental agreement for the entire dwelling.
b. No more than 2 overnight occupants per bedroom plus 2 additional occupants are permitted.
2. Limitation on Days. The dwelling as a non-hosted vacation rental may be furnished for compensation for no more than 90 days during any calendar year.
3. Manager. A manager located within 45 miles of the City must be available at all times and be able to respond to complaints within 1 hour.
F. Short-Term Vacation Rentals in Planned Unit Developments. A permit shall be issued for a Short-Term Vacation Rental in a Planned Unit Development unless said PUD guidelines explicitly prohibit short-term vacation rentals. Consistency with CC&Rs or other private covenants shall be the responsibility of the permittee and are not regulated by the City as part of the permitting process.
G. Dispute Resolution. Upon receipt of three or more complaints in a calendar year about a Short Term Vacation Rental, with the consent of the parties involved, the City may refer the parties to a third party mediator. The cost shall be shared equally by the parties involved, unless the parties agree otherwise in writing.
H. Application Process. The application process for a Short-Term Vacation Rental Permit shall be as follows:
1. Application for Permit. Application for a Short-Term Vacation Rental Permit shall be made to the Director on a form provided by the City.
2. Fee. The fee that applies to process applications for Short-Term Vacation Rental Permits shall be set by the City Council resolution.
3. Parking. The application must show that the applicant can provide:
a. Parking. On-site parking for the existing residential use shall be provided as required in Table 11.1 for Dwelling Single Family or Multiple Household, as applicable. The Planning Manager, in his or her sole discretion, may give credit for up to two uncovered spaces on the abutting public street if there is legal non-conforming parking on the site; or
b. Parking Exception. Applicants that are unable to meet the parking requirements in Section H.3.a. due to existing legal non-conforming parking and/or site constraints, may obtain a Parking Exception upon approval of a Minor Conditional Use Permit as prescribed in Section 24.060. Applications for a Parking Exception must provide documentation demonstrating that adequate on-street parking is available to accommodate the proposed short term vacation rental and the other existing uses on the site.
4. Safety. All short-term vacation rentals must provide smoke detectors, CO2 detectors, be adequately heated, and otherwise satisfy all applicable requirements of the California Building Standards Code as in effect in the City.
5. Duration. Short-Term Vacation Rental Permits shall be valid through the end of the calendar in which they are issued. All Short-Term Vacation Rental Permits shall expire on December 31, unless a renewal application is approved.
6. Permit Approval. A Short-Term Vacation Rental Permit application shall be approved if all applicable requirements are satisfied; otherwise, the application shall be denied.
I. Renewal of Permit.
1. Permittees may apply to renew Short-Term Vacation Rental Permits on forms provided by the City.
2. Permit renewal applications do not require notice in accordance with Section B.
3. The Director shall issue a renewal of a Short-Term Vacation Rental Permit if the permittee satisfies all applicable requirements pursuant to this Chapter; otherwise such renewal applications shall be denied. The Director may deny a renewal application if he or she determines that any of the following have occurred during the 12 months prior to the renewal application:
a. Failure to timely remit Transient Occupancy Taxes; or
b. More than three verified violations of this section; or
c. The Director determines that permittee has provided false information in the application or previous renewal application; or
d. An authorized official has given notification or health or safety violations or non-compliance on the property.
J. Revocation of Permit. Upon confirmation of three or more verified violations of this section or other information alleging that a short -term vacation rental has violated or is in violation of any applicable laws, regulations, or other requirements, including, but not limited to, the requirements of this section, the Planning Director or a designee of the Planning Director may commence permit revocation proceedings in accordance with Section 24.060(G). Once a Short-Term Vacation Rental Permit has been revoked, continued use of the Short –Term Vacation Rental at that location is prohibited and subsequent applications may not be filed within one (1) year from the date of revocation.
K. Appeal. Appeal of decisions of the Planning Director pursuant to this section may be brought pursuant to Section 24.090.
L. Enforcement. The City may seek remedies for any violations of this section pursuant to any applicable authorities, including, but not limited to, those contained in Chapter 26 and those contained in Title 1 of the Petaluma Municipal Code. (Ord. 2811 § 4, 2022; Ord. 2785 § 2, 2021; Ord. 2690 § 3, 2019.)