A. Compliance with Laws. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Unit(s), prior to permit issuance or renewal, and at all times during the term of a Short-Term Rental Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtain all permits required and pay all applicable fees.

B. Limit on Days Per Year. The Whole-Home Short-Term Rental of a Primary Residence shall be limited to a maximum of 90 days per calendar year. For purposes of interpreting this section, exclusion of minor common spaces shall not be considered in determining Whole-Home Short-Term Rental status. There shall be no limit on the number of days per calendar year that a Primary Residence Partial-Home Short-Term Rental, a Nonprimary Residence Partial-Home Short-Term Rental, or a Nonprimary Residence Whole-Home Short-Term Rental may operate.

C. Minimum Stay. A two-consecutive-night minimum stay by the same Responsible Person is required for Nonprimary Residence Whole-Home Short-Term Rentals. No minimum stay shall be required for Primary Residence Whole-Home Short-Term Rentals or Partial-Home Short-Term Rentals (Primary Residence or Nonprimary Residence).

D. Insurance. The Permittee shall maintain and provide proof to City of liability insurance appropriate to cover the Short-Term Rental use in the aggregate of not less than $1,000,000; or conduct each Short-Term Rental transaction through a Hosting Platform that provides equal or greater insurance coverage.

E. Update Changed Information. At any time during the pendency of a Short-Term Rental Permit application or renewal, if a change occurs in any facts set forth in the application or renewal request, the Permittee shall notify the City of such change immediately, but no later than within 14 calendar days after the occurrence of such change.

F. Safety Requirements. Each Dwelling must satisfy the following requirements to the satisfaction of the City:

G. Local Contact Person Available. While a Short-Term Rental Unit is rented, the Permittee, the Permittee’s Agent and/or a Local Contact Person shall be available by telephone 24 hours per day, seven days per week to respond to complaints from the renter and/or public regarding the use, condition, operation or conduct of occupants of a Short-Term Rental Unit. The Permittee, the Permittee’s Agent, and/or a Local Contact Person must be on the premises of the Short-Term Rental at the request of an Enforcement Officer or the City’s Police Department within one hour of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance, or violation of this chapter by occupants occurring at the Short-Term Rental Property. In order to facilitate communication, the Permittee shall provide contact information for themselves, the local contact and/or Permittee’s Agent to the City and the Responsible Person. Failure of the Permittee, the Permittee’s Agent, and/or a Local Contact Person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter.

H. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout inside the permitted premises in close proximity to an entry point that includes emergency contact information for the Permittee and the Local Contact Person (if different). The Good Neighbor Handout shall also provide information about parking restrictions, restrictions on noise and amplified sound, trash collection schedule, relevant water restrictions, fire evacuation routes, and any other information, as required by the Director of Development Services, applicable to the Short-Term Rental and the surrounding neighborhood.

I. Good Neighbor Letter. Within 10 calendar days following (1) the issuance of a Short-Term Rental Permit, (2) the issuance of a renewal permit, and/or (3) the approval of a transfer application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a form authorized by the Director of Development Services to the Owners and Occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property. Thereafter, within 30 days of occurrence of any of the events described in (1), (2) or (3), the Permittee shall sign under penalty of perjury, and submit to the Director of Development Services, a certification that the required mailing or delivery was completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter information for the Permittee or Local Contact Person changes, the Permittee shall promptly mail or personally deliver in writing an updated Good Neighbor Letter to the Owners and Occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the Director of Development Services a signed under penalty of perjury certification that the required mailing or delivery of the updated information was completed.

J. Off-Street Parking. All Short-Term Rental Property off-street parking shall conform to the provisions of Chapter 19.62 CVMC (Off-Street Parking and Loading); provided, however, that off-street parking spaces may be in tandem to other off-street parking spaces, or in some other on-site location and/or configuration, subject to the approval of the Director of Development Services in their sole and absolute discretion. The Permittee shall provide access to the garage of the Dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway, or alley (or any portion thereof) located on, at or adjacent to the Short-Term Rental Property or block the driveway or street in front of said property. The term “sidewalk” shall include the portion of the public right-of-way that is delineated for pedestrian travel including where it crosses a driveway.

K. On-Street Parking. The maximum number of on-street parking spaces that may be used by a Short-Term Rental Property shall be limited to one. For those streets of the City governed by permit parking districts, the Permittee of a Short-Term Rental Property may purchase one parking permit or placard from the City that can be used by guests and must be visibly displayed inside the vehicle of the Short-Term Rental Occupant, allowing no more than one Occupant vehicle to park on a public street in that particular permit district.

L. No Recreational Vehicles. During periods that the Short-Term Rental Property is being used as a Short-Term Rental by Occupants, no recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo container, or personal watercraft may be parked at or on the Short-Term Rental Property or on the street, unless it belongs to the Permittee, the Permittee is also physically occupying the Short-Term Rental Property during that period, the vehicle is not being used by Short-Term Rental Occupants, and in the case of an RV, a valid RV parking permit has been secured for the vehicle.

M. Maximum Occupancies. The maximum number of Persons who may occupy the Short-Term Rental at any given time shall be limited to two individual Persons per Bedroom, plus two additional individual persons. In no event may the maximum occupancy exceed 10 Persons in any Short-Term Rental. For purposes of this section, Persons under the age of 12 shall not count toward the occupancy limitation. If the Short-Term Rental Permit limits occupancy to a number less than that calculated pursuant to this section, the limit in the permit shall govern.

N. No Large Events. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large-scale events exceeding the maximum allowed occupancy pursuant to this section, unless a Short-Term Rental Event Permit has been issued for such event pursuant to this chapter and only in accordance with the terms for such permit.

O. Advertising. All advertising appearing in any written publication or on any website that promotes the availability or existence of a Short-Term Rental shall include the City-issued Short-Term Rental Permit number as part of the rental offering.

P. Signage. Short-Term Rental Properties shall comply with all signage restrictions and requirements applicable to the zone they are located in.

Q. Display of Business License. The business license or copy thereof shall be prominently displayed in a visible interior location at the Short-Term Rental Property during any periods of occupancy thereof by any Person other than the Owner(s) or Long-Term Tenant(s) of the Dwelling.

R. Duty to Minimize Noise, Disturbance, and Disorderly Conduct. The Permittee, the Permittee’s Agent and the Local Contact Person shall use reasonably prudent business practices to ensure that the Occupants of a Short-Term Rental Unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, including, without limitation, violation of CVMC 17.24.040 or Chapter 19.68 CVMC.

S. Quiet Time From 10:00 p.m. to 9:00 a.m. The hours between 10:00 p.m. and 9:00 a.m. are considered to be “quiet time,” so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area. It shall constitute a major violation if any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleball courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours of 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property, or causes discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or causes discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area. The Permittee shall post signs of a size, type and at a location (or locations) acceptable to the Director of Development Services near all doors leading to the exterior of a Short-Term Rental Unit, advising Occupants of “quiet time.”

T. Trash and Debris. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 12:00 midnight the day of the scheduled trash collection. The Permittee of a Short-Term Rental Property shall provide sufficient trash collection containers and service to meet the demand of the Occupants. The Short-Term Rental Property shall be free of debris both on site and in the adjacent portion of the street.

U. Written Contract Requirements. Prior to occupancy pursuant to each separate occasion of rental of a Short-Term Rental Unit, the Permittee or the Permittee’s Agent shall enter into a written rental agreement with a Responsible Person for each separate rental occasion. The Responsible Person (1) shall be at least 21 years of age; (2) shall be an Occupant of the subject Short-Term Rental Unit during the term of said agreement; (3) shall be legally responsible for ensuring that all Occupants of the Short-Term Rental Unit comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject Short-Term Rental Unit; and (4) may be held liable for any violation of all applicable laws, rules and regulations set forth in this chapter. The written rental agreement shall establish and set out the terms and conditions of the rental and require the Responsible Person to (a) provide his or her name, age, address, driver’s license number or passport number; (b) provide the vehicle license number(s) for any cars to be parked on street; (c) agree to be accessible to the Permittee, the Permittee’s Agent and the Local Contact Person (if any) by telephone at all times; (d) acknowledge his or her understanding of all City of Chula Vista Short-Term Rental rules; and (e) agree that they are liable for any fines incurred by Occupants and legally responsible for compliance by all Occupants of the Short-Term Rental Unit with all provisions of this chapter and this code. Said written rental agreement shall also include the following terms, notifications, and disclosures:

V. Garages. Unless the garage of the Dwelling has been included in the calculation of the number of available off-street parking spaces pursuant to this chapter, a garage may be used by the Permittee and Occupants of a Short-Term Rental as a game room in accordance with the City’s requirements therefor; provided, however, that (1) no couches or other furniture designed for use as, or conducive to, sleeping accommodations shall be located inside a garage; (2) no independent living accommodations and facilities (including provisions for living, sleeping, eating, cooking and sanitation) shall be located inside a garage; (3) the garage door must be kept closed and the Director of Development Services may require soundproofing of the garage as a condition of permit issuance on the basis of substantiated complaints of noise emanating from the garage; (4) a garage may not be used at any time for sleeping purposes; and (5) a garage may not be permanently modified to preclude its future use for the parking of vehicles.

W. Covenants, Conditions, and Restrictions. It is the responsibility of the Permittee and not the City to investigate, verify with the relevant homeowners’ association or maintenance organization, and determine that the use of a Dwelling as a Short-Term Rental does not violate any applicable covenants, conditions, and restrictions or any of the regulations or rules of the homeowners’ association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property. Notwithstanding the City’s issuance of a Short-Term Rental Permit, the City shall not have any obligation or be responsible for making a determination regarding whether or not the issuance of a Short-Term Rental Permit or the use of a Dwelling as a Short-Term Rental is permitted under any covenants, conditions and restrictions or any of the regulations or rules of the homeowners’ association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property, and the City shall have no enforcement obligations in connection with such covenants, conditions and restrictions or such regulations or rules.

X. Transient Occupancy Tax. All Short-Term Rentals shall be subject to the City’s transient occupancy tax, as required by Chapter 3.40 CVMC (Transient Occupancy Tax).

Y. Receipts to Be Maintained. The Permittee shall maintain the amount of gross receipts, including but not limited to Rent and transient occupancy tax paid for each stay in a format required by the City.

Z. City Inspections. Consistent with applicable law, the City shall have the authority to conduct random inspections of Short-Term Rental Properties and Short-Term Rental Units as the Director of Development Services deems necessary or prudent to ensure compliance with the provisions of this chapter, including without limitation, based upon any complaints or violations that occur or prior to a renewal of a permit.

AA. Additional Conditions. The Director of Development Services shall have the authority at any time to impose additional conditions on the use of any Short-Term Rental Unit and/or property to ensure that any potential secondary effects unique to the subject Short-Term Rental Unit or property are avoided or adequately mitigated.

BB. Hardships. The Director of Development Services is authorized to modify the standard conditions upon request of an Applicant, Permittee, or their Agent, based on site-specific circumstances for the purpose of allowing accommodation of a Short-Term Rental Unit. All requests must be in writing and shall identify how the strict application of one or more of the standard conditions creates an actual and unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a Short-Term Rental would not be allowed. Any hardships identified must relate to physical constraints to the Short-Term Rental Property and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. An Applicant or Permittee may be required to provide such other supplemental information as may be requested by the Director of Development Services. The Director of Development Services shall only allow modifications which are consistent with the purpose and intent of this chapter. (Ord. 3514 § 1, 2021).