CALIFORNIA COASTAL COMMISSION LCP-4-OXN-20-0008-1

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT

89 S. CALIFORNIA STREET, SUITE 200

VENTURA, CA 93001

(805) 585-1800

F13a

LCP-4-OXN-20-0008-1 (Short Term Rentals)

July 10, 2020

EXHIBITS

Table of Contents

EXHIBIT 1 ...................................................................................................... 2

EXHIBIT 2 ...................................................................................................... 3

EXHIBIT 3 ...................................................................................................... 4

EXHIBIT 4 ...................................................................................................... 5

OXNARD

SHORES

OXNARD

DUNES

CHANNEL

ISLANDS

HOLLYWOOD

BY THE SEA

Coastal

Zone

Boundary

ORMOND BEACH

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus

DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 1 20.5 Miles

0 1 20.5 Kilometers

Source: City of Oxnard, Esri, CCC.

Locations Approximate.

For Illustrative Purposes Only.

Oxnard Dunes

Oxnard Shores

Channel Islands

Hollywood By The Sea

City of Oxnard Coastal Zone Residential Neighborhoods

Coastal Zone Boundary

Outside City Limits

City Boundary

Exhibit 1

Oxnard Coastal Zone

Neighborhood Map - Vicinity

LCP-4-OXN-20-0008-1

OXNARD

SHORES

OXNARD

DUNES

CHANNEL

ISLANDS

HOLLYWOOD

BY THE SEA

Coastal

Zone

Boundary

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus

DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 0.5 10.25 Mile

0 0.5 10.25 Kilometer

Source: City of Oxnard, Esri, CCC.

Locations Approximate.

For Illustrative Purposes Only.

Oxnard Dunes

Oxnard Shores

Channel Islands

Hollywood By The Sea

City of Oxnard Coastal Zone Residential Neighborhoods

Outside City Limits

Coastal Zone Boundary

City Boundary

Exhibit 2

Oxnard Coastal Zone

Neighborhood Map

LCP-4-OXN-20-0008-1

OXNARD

SHORES

OXNARD

DUNES

CHANNEL

ISLANDS

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus

DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 0.25 0.50.125 Mile

0 0.25 0.50.125 Kilometer

Oxnard Shores

City Boundary

Residential Beachfront (R-BF) Zone

Source: City of Oxnard, Esri, CCC.

Locations Approximate.

For Illustrative Purposes Only.

Exhibit 3

Residential Beachfront

Zone Location Map

LCP-4-OXN-20-0008-1

ORDINANCE NO. 2970

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

OXNARD

AMENDING THE OXNARD CITY CODE REGARDING

SHORT-TERM RENTAL UNITS BY ADDING CHAPTER 17, ARTICLE

IV, SECTION 17-53, AND AMENDING CHAPTER 17, ARTICLE II

ADDING SUBSECTION (B)

(

10) TO

SECTION 17-10, R-B-1, SINGLE-

FAMILY BEACH SUB-ZONE; SECTION 17-11, R-W-1, SINGLE-FAMILY

WATER-ORIENTED SUB-ZONE; SECTION 17-12, R-W-2,

TOWNHOUSE

WATER-ORIENTED SUB-ZONE; SECTION 17-13, R-2-C, COASTAL

MULTIPLE-FAMILY SUB-ZONE; SECTION 17-14, R-3-C, COASTAL

MEDIUM DENSITY MULTIPLE-FAMILY SUBZONE; ADDING

SUBSECTION (B) (3) TO SECTION 17-15, CPC, COASTAL PLANNED

COMMUNITY SUB-ZONE;

AND ADDING SUBSECTION

(B)

(9) TO

SECTION 17-25, R-BF, BEACHFRONT

RESIDENTIAL SUB-ZONE

REGARDING SHORT-TERM RENTAL UNITS

WHEREAS, the City of Oxnard intends to adopt regulations on Homestays and

Short-Term Rental Units (“STRs”); and

WHEREAS, on March 2016, the City conducted an online community survey that

contained a series of questions designed to receive public input on STRs; and

WHEREAS, on August 16, 2016, staff held a duly noticed public Community Workshop

to summarize the March survey results and secure feedback from the community on specific

STR related regulations and questions; and

WHEREAS, on November 3, 2016, the Planning Commission of the City of Oxnard (the

“Planning Commission") held a duly noticed study session to receive input on specific STR

regulations; and

WHEREAS, on June 1, 2017, the Planning Commission conducted a duly noticed public

hearing and specifically addressed STRs, questions raised at the November 3, 2016 meeting, and

the STR processing guidelines; and

WHEREAS, on February 26, 2019, the City Council’s Housing and Economic

Development Committee (HEDC) held a duly noticed meeting to discuss policy questions and

provide comments; and

WHEREAS, on July 9, 2019, the HEDC held a duly noticed meeting to discuss the draft

ordinance with a focus on proposed changes to the ordinance; and

WHEREAS, on March 25, 2019, City Council held a duly noticed special meeting and

received public input and provided direction to staff; and

WHEREAS, on August 1, 2019, the Planning Commission held a duly noticed public

hearing to consider Planning and Zoning Permit No. 19-580-04 (hereafter, the “Zone Text

Exhibit 4

Ordinance 2970 - Proposed

Amendment Text

LCP-4-OXN-20-0008-1

Ordinance No. 2970

pg. 2

Amendment”) regarding the adoption of specific rules and regulations for short term rentals

within the Oxnard City Code; and

WHEREAS, after considering all the evidence in the record, including (but not limited

to) the staff report (including the attachments), written submittals and public testimony, the

Planning Commission recommended that the City Council of the City of Oxnard (the “City

Council”) adopt the Zone Text Amendment; and

WHEREAS, on September 24, 2019, the HEDC held a duly noticed meeting to receive a

summary report on the Planning Commission recommendations and provided input on the

recommendations; and

WHEREAS, on November 5, 2019, the City Council held a duly noticed public hearing

to consider the Zone Text Amendment; and

WHEREAS, at the public hearing, the City Council considered all the evidence in the

record, including (but not limited to) the Planning Commission Recommendation, the staff

report (including the attachments), written submittals and public testimony before making a final

decision on November 5, 2019 regarding the regulation of short-term rentals; and

WHEREAS, in accordance with the California Public Resources Code Sections 21000 et

seq. and State California Environmental Quality Act (CEQA) Guidelines (Sections 15000 et

seq.), the City Council has determined that the proposed zoning text amendment is exempt from

CEQA pursuant to Sections 15061 and 15305 of Title 14, Division 6, Chapter 3 of the California

Code of Regulations; and

WHEREAS, the City Council authorizes the granting of a temporary STR permit for

homeowners that were operating an STR in Oxnard prior to March 25, 2019. The permit must be

applied for within 60 days of the effective date of this ordinance, is good for one year and shall

not be automatically renewed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES

ORDAIN AS FOLLOWS:

Section 1. Based upon the foregoing recitals as required per OCC 17-57(C)(8)(c),

which are incorporated herein, the City Council finds:

The Zone Text Amendment is consistent with the current certified local Coastal

Land Use Plan or said Coastal Land Use Plan shall be amended concurrently in order to maintain

consistency pursuant to the Coastal Act.

The local Coastal Land Use Plan shall be amended concurrently with the Zone Text

Amendment through a Local Coastal Plan Amendment filed with the California Coastal

Commission to ensure internal consistency. As such, this Zone Text Amendment will meet this

finding.

Ordinance No. 2970

pg. 3

The application for the Zone Text Amendment has been processed in accordance

with procedures required by Oxnard City Code Section 17-58.

The proposed Zone Text Amendment has been processed in accordance with the procedures

required by Section 17-58 (Hearings and Appeals), which include providing notice given at least 10

days prior to the hearing date in a newspaper of general circulation. Therefore, this Project meets this

finding.

Cumulative amendments or changes maintain or enhance the coastal resources as

identified and protected in the originally certified Coastal Land Use Plan.

The Zone Text Amendment creates regulations to manage activity that is currently being

undertaken in the Coastal Zone, i.e. short-term rentals. Consideration was given in the regulations to

ensure that the regulations focus on managing issues created by short-term rentals while maintaining

access to the Coastal Zone thereby enhancing the certified local Coastal Land Use Plan. Therefore, this

Zone Text Amendment meets this finding.

The Zone Text Amendment is appropriate in light of an established need for the

requested amendment at the time and location anticipated by said amendment.

As a result of the rise in the number of short-term rentals in the Coastal Zone, the residents and

City have experienced an increase in issues directly related to the use of residential properties in the

Coastal Zone as short-term rentals. The issues include (but are not limited to) noise, trash and parking

problems. The proposed Zone Text Amendment addresses these issues and other anticipated issues

through the proposed standards and enforcement regulations that address the established need for the

amendment. Therefore, this Zone Text Amendment meets this finding.

The proposed amendment would not be detrimental to the public interest, health,

safety, convenience or welfare.

The adoption of Zone Text Amendment is a reasonable exercise of the City’s police

powers to ensure the continued health, safety, and welfare of the public by clarifying the

implementation procedures of coastal zones throughout the City of Oxnard. As such, this Zone

Text Amendment meets this finding.

The Zone Text Amendment maintains or enhances the provisions for public

access within the Coastal Zone.

Short-term rentals are an existing use that is not currently allowed or regulated within the

City’s adopted Coastal Zoning regulations (Chapter 17 of the Oxnard City Code). The

regulations will make short-term rentals a permitted use in select zones within the Coastal Zone

once the required permit is obtained, and the regulations will establish operational requirements

to manage the issues that arise as a result of short-term rentals. The Zone Text Amendment

allows for an increase in the number of short-term rentals currently available in the Coastal

Ordinance No. 2970

pg. 4

Zone, thereby creating additional, quality overnight accommodations within the Coastal Zone.

Therefore, this Zone Text Amendment meets this finding.

The Zone Text Amendment is consistent with the goals, policies, and actions of

the City of Oxnard 2030 General Plan and will not conflict with the 2030 General Plan.

The zone text amendment supports the 2030 General Plan goals of improving community

safety and quality of life, and strengthening neighborhood development. Additionally, the

amendment will aid in the creation of a vibrant and economically sustainable commercial and

retail sector throughout the City and enhance business development.

The Zone Text Amendment reflects the input of residents, stakeholders, and

public officials, and implements the General Plan's vision and desire for the community, is

adopted in the public's interest, and is consistent with federal and state law.

The zone text amendment has evolved through a process of public engagement with the

entire community, review of regulations adopted by other jurisdictions in Southern California

and is adopted in the public’s interest to address concerns and issues brought to the City by

residents. The regulations are based on current law and precedent established in the State of

California.

Section 2. In view of all the evidence in the record and based on the foregoing findings,

the City Council hereby approves the Zone Text Amendment.

Section 3. Chapter 17, Article II, Subsection (B) of Section 17-10 of the Oxnard City

Code relating to the R-B-1, Single-Family Beach Sub-Zone is hereby amended to read as

follows:

“(10) Short-term rentals consistent with Section 17-53.”

Section 4. Chapter 17, Article II, Subsection (B) of Section 17-11 of the Oxnard City Code

relating to the R-W-1, Single-Family Water-Oriented Sub-Zone is hereby amended to read as follows:

“(10) Short-term rentals consistent with Section 17-53.”

Section 5. Chapter 17, Article II, Subsection (B) of Section 17-12 of the Oxnard City

Code relating to the R-W-2, Townhouse Water-Oriented Sub-Zone is hereby amended to read as

follows:

“(10) Short-term rentals consistent with Section 17-53.”

Section 6. Chapter 17, Article II, Subsection (B) of Section 17-13 of the Oxnard City

Code relating to the R-2-C, Coastal Multiple-Family Sub-Zone is hereby amended to read as

follows:

Ordinance No. 2970

pg. 5

“(10) Short-term rentals consistent with Section 17-53.”

Section 7. Chapter 17, Article II, Subsection (B) of Section 17-14 of the Oxnard City

Code relating to the R-3-C, Coastal Medium Density Multiple-Family Sub-Zone is hereby

amended to read as follows:

“(10) Short-term rentals consistent with Section 17-53.”

Section 8. Chapter 17, Article II, Subsection (B) of Section 17-15 of the Oxnard City

Code relating to the CPC, Coastal Planned Community Sub-Zone is hereby amended to read as

follows:

“(3) Short-term rentals consistent with Section 17-53.”

Section 9. Chapter 17, Article II, Subsection (B) of Section 17-25 of the Oxnard City

Code relating to the R-BF. Beachfront Residential Sub-Zone is hereby amended to read as

follows:

“(9) Short-term rentals consistent with Section 17-53.”

Section 10. Section 17-53 is hereby added to Article IV of Chapter 17 of the Oxnard City

Code to read as follows:

SEC. 17-53 SHORT-TERM RENTAL UNITS

(A) Purpose and Intent.

The purposes of short-term rental unit regulations are to establish standards and requirements for

the temporary rental of dwellings as accessory uses in order to; (1) ensure that the use of

dwellings as short-term rental units does not adversely impact long-term housing opportunities in

the City of Oxnard; (2) ensure that short-term rental units are compatible with surrounding land

uses; and (3) protect the health, safety and welfare of the short-term rental units’ renters,

occupants, neighboring residents, as well as the general public and environment.

(B) Definitions.

When used in this Article, the following words shall have the meanings ascribed to them as set

forth herein.

Homeshare - A dwelling which is the primary residence of an owner who possesses at least a

twenty percent ownership interest in the subject parcel, with any portion of the dwelling rented

for a period less than thirty consecutive days when said owner is physically present in the same

dwelling, with no meals or food provided to the renter or renters. A homeshare is not considered

a home occupation. Use of a dwelling for occasional home exchange is not considered a

homeshare.

Owner - A person with a full or partial fee title ownership interest in the subject property. For a

property held in a trust, each trustee (but no trust beneficiary) is considered an owner.

Ordinance No. 2970

pg. 6

Primary Residence - A dwelling which is the owner’s main living location as evidenced by the

owner’s address-of-record for official documents such as the property’s title, income tax returns,

voter registration, or a current property tax bill.

Rent - The terms rent, rented and rental mean allowing use of a dwelling or property, or any

portion thereof, in exchange for consideration in any form.

Short-term Rental - The rental of a residential unit for a period less than thirty (30) consecutive

calendar days. Short-term rentals include both homeshares and vacation rentals.

Vacation Rental - A dwelling, any portion of which is rented for a period less than thirty

consecutive days when the owner is not physically present, with no meals or food provided to the

renter or renters. A vacation rental is not considered a home occupation under this Section. Use

of a dwelling for occasional home exchange is not considered a vacation rental.

The number of vacation rental permits shall be limited by a 5% cap per General Plan

neighborhood as established in the City of Oxnard Neighborhood Map adopted as Figure 3-4 in

the 2030 General Plan or its successor document. The number of vacation rental permits shall

also be limited to 5% in the Residential Beach Front (R-BF) zone. The total number of vacation

rental permits issued to residential dwellings in the City and the R-BF zone shall not exceed 5%

of the total dwelling units in each neighborhood or zone. If no short-term rental permits are

available pursuant to the cap on short-term rentals, the Director or designee shall place interested

property owners on a waiting list in the order in which they were received. If a permit becomes

available, applications shall be accepted and reviewed in the order they are listed on the waiting

list subject to Subsection (K).

(D) Separation Requirement.

1. No Vacation Rental shall be issued a permit when a Vacation Rental permit has already

been issued to another property within 200 feet of the proposed Vacation Rental. The 200 feet is

to be measured horizontally from the lines of property ownership as established by the legal

description for the property on record with the County of Ventura.

2. Notwithstanding any language in this Subsection D to the contrary, the 200-foot

separation requirement shall not apply to a dwelling unit within a development:

That is subject to the Vacation Ownership and Time-share Act of 2004

(Business and Professions Code Section 11210 et seq.); and

b. That

became subject to the Vacation Ownership and Time-share Act of

2004 on

or before January 1, 2019.

Ordinance No. 2970

pg. 7

(E) Maximum

Rental Period

1. Vacation rentals shall be limited to a maximum of 100-day annual cap per calendar

year. Vacation rentals which are only used for a partial day (i.e. arrival departure days) shall

be rounded up and counted as a full day.

2. Notwithstanding any language in this Subsection E 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.

(F) Permit Required.

1. Except as expressly authorized by this Article, no dwelling, property or any portion

thereof shall be rented for a term of less than thirty consecutive days. Renting for less than

thirty days pursuant to a purported longer-term lease or by other means intended to evade

compliance with this Article is prohibited.

2. A valid permit issued by the City pursuant to this Article is required in order for any

person that seeks or receives any rent, payment, fee, commission or compensation in any form,

to rent, offer for rent, advertise for rent, or facilitate the rental of a homeshare or vacation rental.

For purposes of this Article, the owner of a dwelling unit that is subject to the Vacation

Ownership and Time-share Act of 2004 must obtain a valid permit issued by the City pursuant to

this Article for the rental of the dwelling unit for non-timeshare purposes for a period of less

than thirty days.

A short-term rental permit authorizing a vacation rental or homestay shall be issued or

renewed by the Community Development Director, or designee if the following minimum

findings are met.

The property is compliant with all State and Local codes.

The property complies with the requirements of this Article.

There is no substantial evidence of nuisance behavior from the location.

Issuance of the permit will not exceed the neighborhood cap pursuant to

17-53(C).

4. The Community Development Director shall have the authority to impose additional

standards and or conditions to short-term rental permits as necessary to achieve the objectives of

the Article.

Ordinance No. 2970

pg. 8

(G) Limited Term.

1. Permits for short-term rentals shall be issued or renewed for a maximum term of one

year. All permits shall contain the following provision: “This permit shall expire no later than

one year after the date of issuance, and is subject to revocation for violation or noncompliance

with the requirements or any other applicable provision of the Oxnard City Code.”

2. Permit holders that remain in good standing and apply for a renewal permit prior to the

expiration of their current permit will be granted a renewal permit. If a permit expires, the

request for a pem1it would be treated as a new permit subject to any established waiting lists.

(H) Owner Requirements and Limitations.

1. Permits may only be issued to the owner(s) of the homeshare or vacation rental property,

and shall automatically expire upon sale or transfer of ownership of the property, in whole or in

part. All permits shall include the following provision; “This permit shall automatically expire

upon sale or transfer of the property, in whole or in part, or as stated in Section F, whichever

comes first.”

2. A permit may only be issued for a homeshare or vacation rental property if no owner of

the subject homeshare or vacation rental property is also the owner of another homeshare or

vacation rental property that is currently permitted under this Article. In addition, if a property

contains multiple dwelling units that have not been subdivided pursuant to the subdivision map

act (e.g. a duplex. cottages or apartments), only one dwelling unit on the property is eligible for

permitting as a homeshare or vacation rental under this Article.

3. Notwithstanding any language in subsection H(2) to the contrary, if a dwelling unit is

subject to the Vacation Ownership and Time-share Act of 2004, an owner of said dwelling unit

may obtain a permit for more than one such dwelling, provided that said owner otherwise

complies with all of the applicable requirements of Section 17-53.

(I) Ineligible Dwellings, Structures and Spaces.

No permit for a homeshare or vacation rental shall be issued for any of the following dwellings:

1. 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.

2. 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. Notwithstanding any language in this

Ordinance No. 2970

pg. 9

subsection 2 to the contrary, if a dwelling unit is subject to the Vacation Ownership and Time-

share Act of 2004, such unit may be owned by a corporation, partnership or limited liability

company and still be eligible to obtain a permit pursuant to this Section 17-53, provided that said

owner otherwise complies with all of the applicable requirements of Section 17-53.

3. A dwelling on property owned by six or more owners, unless each owner shares common

ancestors.

4. 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.

5. A mobile home located in a mobile home park.

6. Space in a yard or on a balcony. Camping in a backyard or on a balcony as a form of STR

is prohibited.

7. A vehicle, to include an RV, car or boat. Use of a vehicle as a form of STR is prohibited.

8. Those 440 units in the Planned Development Community known as The Colony at

Mandalay Beach.

9. Those units in the Harbour Island condominiums.

10. An Accessory Dwelling Unit.

(J) Pre-Permitting Inspection.

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.

(K) Permit Application, Processing and Fees.

1. 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.

2. 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.

Each application shall include a nuisance response plan containing the information

required by Subsection L.

Ordinance No. 2970

pg. 10

Each application shall include a mailing list for notifications pursuant Subsection N(2)

along with fees as set forth in the Planning Division fee schedule.

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 Subsection (M) and the property management

requirements of Subsection (N) 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 17, Article IV, Section 17-53 of the Oxnard City Code. Violations are grounds for

permit revocation, fines, and/or criminal prosecution.”

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.

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.

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

Subsection (L); (iii) provide a fully-executed affidavit pursuant to Subsection (K)(5); (vi)

provide proof of compliance with the applicable business tax and licensing, and transient

occupancy tax requirements pursuant to Subsection (N)(6); (v) for a homeshare only, proof of

homeowner’s exemption and statement that property is owner occupied pursuant to Subsection

(K)(6); (vi) provide proof of insurance pursuant to Subsection (N)(7); and (vii) provide the fully-

executed defense and indemnification agreement pursuant to Subsection (N)(8).

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.

(L) Nuisance Response Plan

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.

1. 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.

2. 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

Ordinance No. 2970

pg. 11

tenants, their visitors and/or their guests. For the purposes of this Section, a return telephone call

to a complainant shall be deemed "prompt" when:

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 \vi thin thirty minutes of receiving the initial complaint:

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 fifteen minutes of receiving the initial complaint.

3. 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

4. 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.

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.

The manner of assuring timely corrective action to remedy the conditions that caused the

nuisance complaint. For the purposes of this section "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.

(M) Operational Standards.

The following minimum operational standards 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.

1. Limits On Duration Of Stay.

The property owner shall require all occupants of vacation rentals to agree to a

minimum stay of no less than three nights.

Vacation rental units may be rented for no more than 100 days during any

calendar year. Notwithstanding any language in this Subsection M to the contrary, the

100-day annual cap per calendar year shall not apply to a dwelling unit within a

development that is subject to the Vacation Ownership and Time-share Act of 2004 and

that became subject to the Vacation Ownership and Time-share Act of 2004 on or before

January 1, 2019.

Ordinance No. 2970

pg. 12

2. Occupancy Limits.

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.

Homeshares shall have a maximum of two bedrooms available for rental.

Overnight occupancy shall be limited to a maximum of five rental guests.

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

Subsection (M).4.b.

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.

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.

Parking Requirements.

a. Parking shall be provided on the property as follows:

a minimum of one parking space for vacation rentals in a studio or one

bedroom;

ii.

a minimum of two parking spaces for homeshares and vacation rentals

with two to four bedrooms; and

iii.

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.

Noise.

No use or activity associated with a homeshare or vacation rental shall at any time

create unreasonable noise or disturbance as provided in Chapter 7. Article XI - Sound

Regulations of the Oxnard City Code.

Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.

Pursuant to OCC Section 7-147.1 the sale, offer to sell, use, or possession of

fireworks is prohibited in the City of Oxnard and use by a tenant or guest of an STR is

also a violation of this Article.

Ordinance No. 2970

pg. 13

Events and Activities.

No homeshare or vacation rental property shall be rented or used for any event or activity

attended by more persons than are allowed on the property pursuant to Subsection (M)(2) that

violates any noise standard of Subsection (M)(4), or that violates any other standard or

requirement of this Article or any other local state or federal law.

Refuse.

Adequate waste collection facilities and services shall be provided for a homeshare or vacation

rental at all times. Waste bins and refuse shall not be left within public view except in proper

containers for the purpose of collection on the scheduled collection day(s). The waste collection

schedule and information about recycling and green waste separation and disposal shall be

included in the rental agreement and posted conspicuously inside the rental unit.

(N) Property Management Requirements.

The following minimum property management requirements apply to all homeshares and

vacation rentals.

1. Owner/Property Manager Requirements.

At all times a homeshare is rented out, a homeshare owner shall be onsite between

the hours of 10:00 p.m. and 7:00 a.m., and within twenty-five miles of the property at all

other times, to ensure compliance with the standards and requirements of this Article.

At all times a vacation rental is rented out, the vacation rental shall have one or

two designated property managers, one of whom shall be available at all times and within

twenty-five miles of the property, to ensure compliance with the standards and

requirements of this Article. An owner may serve as one of the property managers.

Each application under this Article shall include the name, address, and telephone

number(s) at which the property manager(s) can be reached at all times, along with the

signature of each property manager. Any requested change to a designated property

manager shall be made through a formal written request to the Community Development

Director or designee, and shall include the signature of the proposed property manager

and the desired effective date of the change. No change to a vacation rental’s designated

property manager shall take effect unless and until approved in writing by the

Community Development Director or designee.

2. Permit Notification.

The Planning Division shall provide a mailed notice of permit issuance, and of

each permit renewal, to the owner of the subject property and the owners of all real

property situated within a radius of 300 feet of the exterior boundaries of the Assessor's

Parcel(s) which is the subject of the application.

Ordinance No. 2970

pg. 14

At a minimum, the notice of permit issuance shall include: (i) directions to view a

copy of the nuisance response plan; and (ii) contact information for the Code Compliance

Division.

Information In Rental Agreements

Each rental agreement for a vacation rental or homeshare shall prominently

display the following information:

(1) The permitted occupancy and guest limits for both day and night;

(2) Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;

(3) Notification that no outdoor amplified music or sound is allowed during quiet

hours and a copy of Chapter 7, Article XI - Sound Regulations of the Oxnard City Code

as may be amended from time to time;

(4) Notification that the property cannot be used for events that exceed the applicable

occupancy or guest limits, or that violate the quiet hours, noise standards or any other

standard or requirement of this Article;

(5) The available number of onsite parking spaces, and notification that all parking

shall occur on-site with no on-street parking allowed;

(6) The waste collection schedule and the tenant’s responsibilities regarding waste

collection;

(7) Notification that the sale, possession or use of fireworks in the City of Oxnard is

prohibited.

4. Information in Advertising and Listings

Each advertisement and listing for a vacation rental or homeshare shall

prominently display the following information;

(1) The City-issued land use permit number authorizing the homeshare or vacation

rental under this Article;

(2) The current City issued Business License Tax Certificate identification number, if

required for the operation;

(3) All advertisements for homeshares shall state that the unit is an owner-occupied

dwelling, and the owner will be present in the home;

(4) The available number of onsite parking spaces, and notification that all parking

shall occur on-site with no on-street parking allowed;

No advertisements or notices regarding the availability of a dwelling for

homeshare or vacation rental use shall be posted on the property.

Ordinance No. 2970

pg. 15

5. Posting Inside of Dwellings.

The following information, as well as all information required by Subsection (N)(3), shall be

posted in a conspicuous location inside the dwelling within six feet of the main entrance of the

homeshare or vacation rental;

The name and contact information for the designated property manager of a

vacation rental or owner of a homeshare, and the telephone number(s) at which the

person can be reached at all times;

The waste collection schedule and information about recycling and green waste

separation and disposal;

Notification that the property owner, renter, and occupants are subject to criminal

citation and fines, civil penalties and/or permit revocation for violations of the unit's

occupancy limits, noise standards and other operational standards.

6. Business License; Business Taxes; Transient Occupancy Tax.

The owner of a vacation rental or homeshare shall acquire and maintain a valid City business

license, timely pay annual business taxes evidenced by a business tax certificate, and obtain and

maintain a valid City transient occupancy tax registration certificate and timely pay all required

City transient occupancy taxes.

7. Insurance.

The owner shall maintain an insurance policy that includes coverage for commercial/business

general liability with a minimum limit of $1,000,000 per occurrence for claims of personal injury

or property damage. Proof of such insurance coverage shall be provided with each permit

application under this Article, and shall be made available to the Community Development

Director or designee upon request.

8. Defense and Indemnification.

All owners of a homeshare or vacation rental shall be jointly and severally responsible to defend

and indemnify the City and all of its officials, employees and agents from and against all third-

party claims, causes of action, fines, damages and liabilities of whatever nature arising from or

related to the processing and issuance of a permit under this Article and/or from the operation of

the homeshare or vacation rental. Upon submittal of a permit application under this Article, all

owners of the homeshare or vacation rental shall execute a written agreement on a form provided

by the Community Development Director or designee implementing this defense and

indemnification requirement.

9. Record-Keeping.

The owner of a homeshare or vacation rental shall keep and preserve all records as may be

necessary to demonstrate compliance with the standards and requirements of this Article. These

records shall include but are not limited to all rental agreements entered into, advertisements and

on line listings. The records shall be maintained during the term of the permit issued under this

Ordinance No. 2970

pg. 16

Article and subsequent renewal up to two years, and shall be made available in electronic format

for the City’s review upon request of the Community Development Director or designee.

(O) Inspection and Monitoring.

1. Inspections.

In addition to the pre-permitting inspection of a homeshare or vacation rental pursuant to

Subsection (J), upon reasonable notice. City staff shall be given access to the dwelling and site to

conduct an inspection during the tem1 of the permit to ensure continued operation of the

homeshare or vacation rental in compliance with the provisions of this Article and other

applicable building and zoning codes and regulations regarding parking, access, fire, safety, and

other relevant issues.

2. Inspection, Monitoring and Code Enforcement Costs.

City monitoring shall be required for each homeshare and vacation rental operation issued a

permit. The permittee shall be responsible for all inspection and monitoring costs associated

with the operation. Monitoring may be conducted by a third party compliance company hired by

the City. The permittee shall also be responsible for any and all code enforcement costs,

calculated at a full cost recovery rate, related to their property.

(P) Permit Fees

The Community Development Department shall assess fees for a short-term rental permit as set

by the City Council. Fees and deposits set forth in this Article may be adjusted each year by the

City Council, reflecting the costs of administering the short-term rental permit, and enforcing the

requirements of this Section.

(Q) Complaints and Violations.

1. Complaints.

Complaints regarding the condition, operation or conduct of the renters, occupants

or visitors of a homeshare or vacation rental shall be directed to the vacation rental

property manager or homeshare owner for investigation and resolution. The property

manager or owner shall be available by phone at all times the dwelling is rented out as a

homeshare or vacation rental.

Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or

vacation rental has created unreasonable noise or disturbance and/or potentially violated

any other operational standard of this Article the property manager or owner shall take all

necessary actions to promptly resolve the issue, including by initially contacting the

renter to correct the problem within thirty minutes, or within fifteen minutes during the

quiet hours between 10:00 p.m. and 7:00 a.m., after the complaint is first received.

Within twenty-four hours after first receiving a complaint pursuant to subsection

(b) above, the property manager or owner shall complete the online reporting form

provided by the Community Development Director or designee to: (1) report and

Ordinance No. 2970

pg. 17

describe the complaint including the time the complaint was first received; (2) describe

all actions taken to resolve the issue, including the time each action was taken; and (3)

describe the resolution or current status.

A property manager’s or owner’s failure to promptly resolve a complaint

pursuant to subsection (b) above which the Planning Division deems to be valid, or to

timely and fully report the complaint to the Community Development Director or

designee on the online reporting form, shall each constitute a separate violation of this

Article.

Individuals who file false reports of nuisance activities or other violations of this

ordinance shall be subject to fine and prosecution pursuant to California Penal Code

Section 148.5 and the complainant will be responsible for the costs associated with the

service call by the Police Department or Code Enforcement

2. Violations.

Each of the following acts or omissions related to the operation or use of a homeshare or

vacation rental is unlawful and constitutes a violation of this Article. Owners are jointly and

severally responsible and liable, along with any other responsible person, for each violation

committed with respect to their homeshare or vacation rental. Each day a violation occurs

constitutes a separate, additional violation:

Engaging in an act in violation of the permitting requirement of Subsection (F);

Failure to comply with an operational standard of Subsection (M);

Failure to comply with a property management requirement of Subsection (N);

Failure to comply with the complaint investigation. resolution and/or reporting

requirements of Subsection (Q)(1); and

Failure to timely remit to the City any cost or fee pursuant to this Article.

(R)

Revocation or Suspension of Permit.

1. The Community Development Director may revoke, or suspend a vacation rental or

homeshare permit for one or more of the following reasons:

A property transfer triggering property tax reassessment pursuant to the California

Revenue and Taxation Code Section 60 et seq., as determined by the Ventura County

Assessor such that the vacation rental or homeshare permit associated with the

property shall expire and shall also become nonrenewable at the time of the property

transfer.

The permittee has made a false, misleading or fraudulent statement of material

fact in the application for the vacation rental or homeshare permit, in the information

required to be submitted to the city, or in response to inquiries by the city.

Ordinance No. 2970

pg. 18

The permittee engaged in any of the following conduct related to this section that:

(1) Resulted in a citation or conviction against the permittee;

(2) Violated local, state or federal law;

(3) Constituted a public nuisance;

(4) Breached any condition, requirement, or restriction of the vacation rental

or homeshare permit; or

(5) Constituted a hazard to public peace, health, or safety.

Failure to pass inspections required under the provisions of Subsection (J).

Three or more verified and valid complaints of any violation of the Oxnard City

Code, state or federal law, as determined by the Community Development Director,

within a twelve-month period, shall be grounds for permit revocation.

2. A Vacation Rental or Homeshare Permit may be revoked, suspended, or additional

conditions may be imposed by the Community Development Director by providing written

notice to the permittee setting forth the basis of the intended action and giving the permittee an

opportunity, within fourteen calendar days, to present responding information to the Department

of Planning and Community Development.

3. After the fourteen-day period, the Community Development Director shall determine

whether to revoke the permit, suspend the permit, or impose additional conditions upon the

permit and thereafter, give written notice of its decision to the permittee. The permit shall be

deemed to be valid until the written notice of the decision has been issued.

(S)

Violations Declared A Public Nuisance.

Each and every violation of the provisions of this Article is hereby deemed unlawful and a public

nuisance.

(T) Each Violation a Separate Offense.

Each and every violation of this Article shall constitute a separate violation and shall be subject

to all remedies and enforcement measures authorized by the City of Oxnard. Additionally, as a

nuisance per se, any violation of this Article shall be subject to injunctive relief, any permit

issued pursuant to this Article being deemed null and void, disgorgement and payment to the

City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney

fees, and any other relief or remedy available at law or in equity. The City of Oxnard may also

pursue any and all remedies and actions available and applicable under state and local laws for

any violations committed by the person/s or entity to which the STR permit was issued and by

tenants under contract to use the STR. Additionally, when there is determined to be an imminent

threat to public health, safety or welfare, the City Manager, or his/her designee(s), may take

immediate action to temporarily suspend a STR permit issued by the City, pending a hearing

before the City Manager, or his/her designee(s).

Ordinance No. 2970

pg. 19

(U) Criminal Penalties.

Each and every violation of the provisions of this Article may at the discretion of the

District Attorney or City Attorney be prosecuted as an infraction or misdemeanor and

upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) for the first

violation, two thousand dollars ($2,000) for the second violation, and three thousand dollars

($3,000) and revocation of the permit for a period of two years, after which the property owner

would have to reapply, for the third violation. Each day a violation is committed or permitted to

continue shall constitute a separate offense. The fine for operating an unlicensed and/or

unpermitted STR shall be $5,000 per day.

(V)

Remedies Cumulative and Not Exclusive.

The remedies provided herein are not to be construed as exclusive remedies. The City is

authorized to pursue any proceedings or remedies provided by law.

(W)

Appeals.

A property owner or duly appointed designee may appeal a decision of the Community

Development Director to deny, revoke, or suspend a short-term rental permit pursuant to Chapter

1, Article V-Administrative Hearings of the Oxnard City Code.

Section 11. If any subsection, sentence, clause, phrase or word of the Ordinance is for

any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect

the validity of the remaining portions of this Ordinance. The City Council hereby declares that it

would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective

of the fact that one or more provisions may be declared invalid.

Section 12. Cumulative Ordinance. Nothing in this Ordinance shall be interpreted to

allow any land use which is not expressly listed as permitted or conditionally permitted within

the City’s Zoning Code.

[Remainder of Page Left Intentionally Blank]

Ordinance No. 2970

pg. 20

Section 13. The City Clerk shall certify as to the adoption of this Ordinance and

shall cause summary thereof to be published within fifteen calendar ( 15) days of the adoption

and shall post a certified copy of this Ordinance in the office of the City Clerk, in accordance

with Government Code Section 36933. Ordinance No. 2970 was first read on December 3

2019, was adopted on December 17

, 2019 to become effective thirty (30) days

thereafter.

PASSED AND ADOPTED this 17th day of December, 2019 by the following vote:

AYES: Councilmembers Basua, Flynn, Lopez, MacDonald, Madrigal, Perello and

Ramirez.

NOES: None.

ABSTAIN: None.

ABSENT: None.

Tim Flynn, Mayor

ATTEST: APPROVED AS TO FORM: