Temporary Rental Unit - Zoning Clearance Application Packet

Transcription

1 Temprary Rental Unit - Zning Clearance Applicatin Packet Cunty f Ventura Resurces Management Agency Planning Divisin 800 S. Victria Avenue, Ventura, CA (805) APPLICATION INSTRUCTIONS 1. Applicants are required t submit this frm, and related attachments, prir t the preparatin f a Zning Clearance. The Zning Clearance cannt be issued until a site inspectin verifying the prperty meets applicable building and zning cde requirements is cmpleted. 2. Refunds are nt prvided after a Zning Clearance has been submitted and a site inspectin has been scheduled. 3. If it is determined after issuance that the applicatin is nt accurate, true r crrect, r that fees have nt been paid, the Zning Clearance will be nullified. 4. If granted, a Zning Clearance is valid fr ne year frm the date f issuance. If yur existing r prpsed Temprary Rental Unit is t be perated as a Hmeshare, please cntinue with Sectin A f this applicatin packet. If yur existing r prpsed Temprary Rental Unit is t be perated as a Shrt-Term Rental, please cntinue with Sectin B f this applicatin packet. SECTION A - HOMESHARE Hmeshare Definitin: A dwelling which is the primary residence f an wner wh pssesses at least a twenty percent wnership interest in the subject parcel, with any prtin f the dwelling rented fr a perid less than thirty cnsecutive days when said wner is physically present in the same dwelling, with n meals r fd prvided t the renter r renters. A hmeshare is nt cnsidered a hme ccupatin under this Chapter. Use f a dwelling fr ccasinal hme exchange is nt cnsidered a hmeshare.

2 Hmeshare Standards Checklist: If yur prpsed hmeshare meets the fllwing criteria, and the required infrmatin has been prvided, please initial the crrespnding bx. Hmeshares are permitted in accrdance with the fllwing standards: I am the wner f the dwelling where the hmeshare is lcated/perating and it is my primary residence. (Sec (d)) I will be present in the dwelling between 10:00 p.m. and 7:00 a.m. while it is perating as a hmeshare. I d nt wn any ther prperty within Ventura Cunty which is permitted as a temprary rental unit. The dwelling was nt permitted as a secnd dwelling unit r an accessry dwelling unit. The dwelling is nt subject t a Cunty-impsed cvenant, cnditin r agreement restricting its use t a specific purpse including but nt limited t an affrdable husing unit, farmwrker husing, a superintendent r caretaker dwelling. The dwelling is nt lcated n prperty under a Land Cnservatin Act cntract. The dwelling is nt lcated n prperty fully r partially wned by a crpratin, partnership, limited liability cmpany, r ther legal entity that is nt a natural persn, except in the event every sharehlder, partner r member f the legal entity is a natural persn as established by dcumentatin (which shall be public recrd) prvided by the permit applicant. In the event this exceptin applies, every such natural persn shall be deemed a separate wner f the subject dwelling and prperty fr purpses f this Sectin. The dwelling is nt lcated n prperty wned by six r mre wners, unless each wner shares cmmn ancestrs. The dwelling has, if required, been issued a valid certificate f ccupancy (i.e. was cnstructed with prper building permits). A maximum f tw bedrms are available fr rental, and vernight ccupancy shall be limited t n mre than five rental guests. Including the wner(s), n mre than eleven (11) persns shall be n the prperty while being perated as a hmeshare.

3 N mre than ne grup shall be renting the hmeshare at any ne time. Parking shall be prvided n the prperty as fllws: a minimum f tw unbstructed parking spaces fr dwellings with tw t fur bedrms; and a minimum f three unbstructed parking spaces fr dwellings with five bedrms. Quite hurs shall be bserved frm 10:00 p.m. t 7:00 a.m. N utdr amplified music/sund shall be allwed during quiet hurs when the prperty is rented as a hmeshare. N events r activities invlving mre than eleven (11) persns shall take place n the prperty when it is rented as a hmeshare. Adequate waste cllectin facilities and services shall be prvided. The wner/prperty manager s cntact infrmatin shall be psted n the prperty in accrdance with Sec All rental agreements, advertisements and n-line listings shall display all infrmatin described in Sec The wner shall maintain an insurance plicy that includes cverage fr cmmercial/business general liability with a minimum limit f $500,000 per ccurrence fr claims f persnal injury r prperty damage. All hmeshare wners shall be respnsible t defend and indemnify the Cunty and all f its fficials, emplyees and agents frm and against all third-party claims, causes f actins, fines, damages and liabilities f whatever nature arising frm r related t the prcessing and issuance f a permit r frm the peratin f the hmeshare. The hmeshare wner shall keep and preserve all recrds as may be necessary t demnstrate cmpliance with all relevant standards and requirements. Upn reasnable ntice, during the term f the permit, Cunty staff shall be given access t the dwelling and site t cnduct an inspectin t ensure the hmeshare is perating in cmpliance with applicable building and zning cdes. The wner shall be respnsible fr all mnitring csts assciated with the permit. The wner shall handle all cmplaints in accrdance with Sec

4 The fllwing required materials have been submitted: A site plan depicting the lcatin and describing the use f all existing structures. A signed affidavit in a frm prvided by the Cunty Planning Divisin. Prf f a hmewner s exemptin frm the Cunty Assessr fr the prperty. Payment f all required applicatin, public ntice, inspectin and cmpliance fees. Prf f required insurance. A signed defense and indemnificatin agreement. Cntact infrmatin fr the wner. Prf f cmpliance with applicable business tax and licensing requirements, if required by the Cunty Treasurer-Tax Cllectr. Legal Nncnfrming Hmeshares If yu have a hmeshare that: 1) des nt cnfrm t the permit eligibility requirements f any r all f the fllwing: (i) Sec (b), r (ii) Sec , subdivisins (a), (c), (d), r (e), r Sec ; AND 2) was perating and rented ut n r befre July 19, 2018, please initial the crrespnding bx and submit the fllwing additinal materials: Dcumentatin establishing that the dwelling qualifies fr legal nncnfrming status. Identify all permit eligibility requirements with which the hmeshare des nt cnfrm. SECTION B SHORT-TERM RENTAL Shrt-Term Rental Definitin: A dwelling, any prtin f which is rented fr a perid less than thirty cnsecutive days when the wner is nt physically present, with n meals r fd prvided t the renter r renters. A shrtterm rental is nt cnsidered a hme ccupatin under this Chapter. Use f a dwelling fr ccasinal hme exchange is nt cnsidered a shrt-term rental. Shrt-Term Rental Standards Checklist: If yur prpsed shrt-term rental meets the fllwing criteria, and the required infrmatin has been prvided, please initial the crrespnding bx. Shrt-term Rentals are permitted in accrdance with the fllwing standards: I am the wner f the dwelling where the shrt-term rental is lcated/perating. If the shrt-term rental is lcated within the bundary f the Ojai Valley Municipal Advisry Cmmittee (MAC), it was perating prir t July 19, 2018 r is lcated n a prperty designated by the Cunty as a Landmark as f June 19, 2018.

5 I d nt wn any ther prperty, in whle r in part, within Ventura Cunty which is permitted as a temprary rental unit. The dwelling was nt permitted as a secnd dwelling unit r an accessry dwelling unit. The dwelling is nt subject t a Cunty-impsed cvenant, cnditin r agreement restricting its use t a specific purpse including but nt limited t an affrdable husing unit, farmwrker husing, a superintendent r caretaker dwelling. The dwelling is nt lcated n prperty under a Land Cnservatin Act cntract. The dwelling is nt lcated n prperty fully r partially wned by a crpratin, partnership, limited liability cmpany, r ther legal entity that is nt a natural persn, except in the event every sharehlder, partner r member f the legal entity is a natural persn as established by dcumentatin (which shall be public recrd) prvided by the permit applicant. In the event this exceptin applies, every such natural persn shall be deemed a separate wner f the subject dwelling and prperty fr purpses f this Sectin. The dwelling is nt lcated n prperty wned by six r mre wners, unless each wner shares cmmn ancestrs. The dwelling has, if required, been issued a valid certificate f ccupancy (i.e. was cnstructed with prper building permits). A maximum f five bedrms are available fr rental, and vernight ccupancy shall be limited t n mre than tw persns per bedrm, plus tw additinal guests, up t a maximum f ten (10) persns. The maximum number f persns n the prperty at any time when it is rented as a shrtterm rental shall be n mre than the maximum vernight ccupancy plus six (6) additinal persns. N mre than ne grup shall be renting the shrt-term rental at any ne time. Parking shall be prvided n the prperty as fllws: a minimum f ne unbstructed parking space fr a studi r ne-bedrm dwelling; tw unbstructed parking spaces fr dwellings with tw t fur bedrms; and a minimum f three unbstructed parking spaces fr dwellings with five bedrms.

6 Quite hurs shall be bserved frm 10:00 p.m. t 7:00 a.m. N utdr amplified music/sund shall be allwed during quiet hurs when the prperty is rented as a shrtterm rental. N events r activities invlving mre than sixteen (16) persns shall take place n the prperty when it is rented as a shrt-term rental. Adequate waste cllectin facilities and services shall be prvided. The wner/prperty manager s cntact infrmatin has been prvided t the Cunty and shall be psted n the prperty in accrdance with Sec All rental agreements, advertisements and n-line listings shall display all infrmatin described in Sec The wner shall maintain an insurance plicy that includes cverage fr cmmercial/business general liability with a minimum limit f $500,000 per ccurrence fr claims f persnal injury r prperty damage. All shrt-term rental wners shall be respnsible t defend and indemnify the Cunty and all f its fficials, emplyees and agents frm and against all third-party claims, causes f actins, fines, damages and liabilities f whatever nature arising frm r related t the prcessing and issuance f a permit r frm the peratin f the shrt-term rental. The shrt-term rental wner shall keep and preserve all recrds as may be necessary t demnstrate cmpliance with all relevant standards and requirements. Upn reasnable ntice, during the term f the permit, Cunty staff shall be given access t the dwelling and site t cnduct an inspectin t ensure the shrt-term rental is perating in cmpliance with applicable building and zning cdes. The wner shall be respnsible fr all mnitring csts assciated with the permit. The wner shall handle all cmplaints in accrdance with Sec The fllwing required materials have been submitted: A site plan depicting the lcatin and describing the use f all existing structures. A signed affidavit in a frm prvided by the Cunty Planning Divisin. The name, address and telephne number f the prperty manager(s). Payment f all required applicatin, public ntice, inspectin and cmpliance fees.

7 Prf f required insurance. A signed defense and indemnificatin agreement. Prf f cmpliance with applicable business tax and licensing, and transient ccupancy tax requirements. Legal Nncnfrming Shrt-Term Rentals If yu have a shrt-term rental that: 1) des nt cnfrm t the permit eligibility requirements f any r all the fllwing: (i) Sec (b), r (ii) Sec , subdivisins (a), (c), (d), r (e), r Sec ; AND 2) was perating and rented ut n r befre July 19, 2018, please initial the crrespnding bx and submit the fllwing additinal materials: Dcumentatin establishing that the dwelling qualifies fr legal nncnfrming status. Identify all permit eligibility requirements with which the shrt-term rental des nt cnfrm. Plaese see belw Temprary Rental Unit Owner Affidavit/ Defense and Indemnificatin Agreement (Nn-Castal)

8 Temprary Rental Unit Owner Affidavit/ Defense and Indemnificatin Agreement (Nn-Castal) Cunty f Ventura Resurces Management Agency Planning Divisin 800 S. Victria Avenue, Ventura, CA (805) PROPERTY OWNER AFFIDAVIT The Cunty f Ventura cnsiders the temprary rental f dwellings t be businesses that are perated in residential znes. Temprary rentals are nt a by-right use. Instead, they are nly allwed if perated in strict cmpliance with the rules and requirements f Sectin f the Ventura Cunty Nn-Castal Zning Ordinance. By signing belw, each wner f the subject Temprary Rental Unit agrees that the unit will cmply with all applicable peratinal standards f Sectin , and all applicable prperty management requirements f Sectin Vilatins are grunds fr permit revcatin, fines, and/r criminal prsecutin. DEFENSE AND INDEMNIFICATION AGREEMENT By signing belw, each prperty wner agrees t defend, at the prperty wner s sle expense with legal cunsel acceptable t the Cunty f Ventura ( Cunty ), against any and all third party claims, actins, r prceedings against the Cunty, any ther public agency with a gverning bdy cnsisting f the members f the Cunty Bard f Supervisrs, r any f their respective bard members, fficials, emplyees and agents (cllectively, Indemnified Parties ) arising ut f r in any way related t the Cunty s issuance, administratin, r enfrcement f the zning clearance fr the subject Temprary Rental Unit. By signing belw, each prperty wner als agrees t indemnify and hld harmless the Indemnified Parties frm and against any and all lsses, damages, awards, fines, expenses, penalties, judgments, settlements, r liabilities f whatever nature, including but nt limited t curt csts and attrney fees (cllectively, Liabilities ), arising ut f r in any way related t any third party claim, actin r prceeding described abve. Except with respect t third party claims, actins, prceedings, and Liabilities resulting frm an Indemnified Party s sle active negligence r intentinal miscnduct, each prperty wner als agrees t indemnify, defend (at each prperty wner s sle expense with legal cunsel acceptable t Cunty), and hld harmless the Indemnified Parties frm and against any and all claims, actins, prceedings, and Liabilities arising ut f, r in any way related t, the cnstructin, maintenance, use, r peratins cnducted pursuant t the zning clearance fr the subject Temprary Rental Unit. The Cunty shall prmptly ntify the prperty wner(s), at the address f recrd fr the subject zning clearance, f any abve-described claim, actin, r prceeding, and shall cperate fully in the defense.

9 PROPERTY OWNER(S)