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The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

Agent” means a Person engaged or appointed by an Applicant or Permittee to represent and act on behalf of an Applicant or Permittee (as defined in these definitions) and to act as an operator, manager and/or Local Contact Person of a Dwelling used or to be used as a Short-Term Rental Unit or Short-Term Rental Property and designated as such by the Applicant or Permittee in accordance with CVMC 5.68.060.

Applicant” means a Person that has applied for a Short-Term Rental Permit. Applicants may be Owners or Long-Term Tenants.

Bedroom” means a room designated primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this definition.

City Manager” means the City Manager of the City, or designee.

Director of Development Services” means the Director of Development Services of the City, or designee.

Dwelling” has the meaning provided in CVMC 19.04.002. “Dwelling” also means a Dwelling Unit on the same parcel as a legally established single-family Dwelling that is allowed in the zone in which located, having its own complete independent living accommodations and facilities for one or more Persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and may sometimes be referred to interchangeably in this chapter as a “Dwelling Unit.”

Enforcement Officer” means the Director of Development Services, the Code Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent responsible for enforcing provisions of this code), their respective designees, or any other City employee designated by the Director of Development Services or City Manager to enforce this chapter.

Expiration Date” means the last day of the month occurring 12 months from the date of permit issuance (e.g., if the permit is issued on March 15th, the Expiration Date shall be March 30th of the following year).

Hosting Platform” means a Person or entity that facilitates a Short-Term Rental for an Owner or an Agent, and derives revenues, including without limitation booking fees, subscription charges or advertising revenues, from such facilitation. “Facilitate” shall mean without limitation the act of allowing the Owner or an Agent to offer to list or advertise the Short-Term Rental on the Internet web site provided or maintained by the Hosting Platform. A Hosting Platform does not include any Person licensed to practice real estate as defined in the California Business and Professions Code.

Local Contact Person” means a Person designated by an Owner or an Agent, who, if designated to act as such, shall be available 24 hours per day, seven days per week for the purpose of: (1) being able to physically respond within one hour of notification of a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (2) taking remedial action necessary to resolve any such complaints. A Local Contact Person may be the Owner or an Agent.

Long-Term Tenant” means the long-term (greater than 30 days) renter or lessee of a Dwelling.

Nonprimary Residence” means a Dwelling that is not a Primary Residence. For properties with two or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Nonprimary Residence” shall mean each unit located on that property, excluding Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for on January 1, 2020, or later. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Nonprimary Residence property shall be considered part of the primary single-family residence for purposes of this chapter.

Nonprimary Residence Short-Term Rental” means a Nonprimary Residence being operated as a Short-Term Rental.

Occupant” means any Person who is on or in a Short-Term Rental Property other than service providers, the Owner, or the Long-Term Tenant, whether or not the Person stays overnight.

Owner” means the Person(s) or entity(ies) that holds legal or equitable title to a property containing a Dwelling.

Partial-Home Short-Term Rental” means the rental of any portion of a Dwelling while the Owner or Long-Term Tenant is physically present and residing in the Dwelling Unit. Rental of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit for which a construction permit was applied for prior to January 1, 2020, or any other accessory habitable structure that is not a Primary Residence shall be considered a Partial-Home Short-Term Rental if the Owner or Long-Term Tenant is physically present and residing in at least one Dwelling Unit on the Short-Term Rental Property during the rental period.

Permittee” means a Person that holds a duly issued and valid Short-Term Rental Permit.

Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Primary Residence” means a Person’s permanent residence or usual place of return for housing as documented by at least two of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the residential unit as the Person’s residence; or a utility bill. A Person may have only one Primary Residence and must reside there for a minimum of 275 days during the calendar year. For properties with two or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary Residence” shall apply individually to each unit that meets the criteria previously described. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Short-Term Rental Property and do not meet the criteria previously described shall be considered part of the primary single-family residence for purposes of this chapter.

Primary Residence Short-Term Rental” means a Primary Residence being operated as a Short-Term Rental.

Rent” means the consideration charged for the occupancy of space in a hotel, campsite, or Dwelling valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

Responsible Person” means each Person that is a party to an agreement for the rental, use and occupancy of a Short-Term Rental Unit.

Short-Term Rental” means the rental of a Dwelling, or a portion thereof, by the Owner or a Long-Term Tenant to another Person or group of Persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than 30 consecutive calendar days, but for no less than one night, in exchange for Rent. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a Short-Term Rental.

Short-Term Rental Event Permit” means a permit issued pursuant to the provisions of this chapter that allow the use of a Short-Term Rental Unit for the hosting of any event that exceeds the maximum occupancy of the Short-Term Rental Unit.

Short-Term Rental Permit” means a permit issued pursuant to the provisions of this chapter that allows the use of a Dwelling as a Short-Term Rental.

Short-Term Rental Property” means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of San Diego, 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 other sports courts, and other similar and related improvements.

Short-Term Rental Unit” means 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.

Whole-Home Short-Term Rental” means the rental of the entirety of a Dwelling while the Owner or Long-Term Tenant is not physically present and residing in the Dwelling Unit. (Ord. 3514 § 1, 2021).