20.80.170

Incidental transient occupancy of a residential dwelling is only allowed as an incidental use of such dwelling if the incidental transient occupancy conforms to each of the performance criteria set forth in Table 20-165 below. Table 20-165 Performance Criteria Number of occupants one-family dwelling or mobilehome - host present Incidental transient occupancy by up to 3 transient users in a one-family dwelling or mobilehome with the host present. Number of occupants in each dwelling unit in two-family or multiple family dwelling - host present Incidental transient occupancy by up to 2 transient users in each dwelling unit in a two-family dwelling or multiple family dwelling with the host present. Number of occupants - host not present Incidental transient occupancy where the host is not present shall be limited to 2 people in a studio unit, 3 people in a one bedroom unit and 2 people per bedroom for each bedroom in excess of one bedroom, but not to exceed 10 persons total. Contact information - host not present For incidental transient occupancy where the host is not present on the premises during the term of the transient occupancy, the host shall provide written notice of the name and telephone number of the local contact person to all transient users and to all occupants of all adjacent properties. Annual limit on number of days for incidental transient occupancy 180 days per calendar year, no host present. 365 days per calendar year with host present. Parking requirements for incidental transient occupancy For incidental transient occupancies with the host present, the dwelling unit has the required number of parking spaces for the dwelling type as set forth in Section 20.90.060 . Limitation in dwellings subject to Parts 1 - 6 of Chapter 17.23 of this Code Incidental transient occupancy is only a permitted use in a dwelling that is subject to Parts 1 - 6 of Chapter 17.23 of this Code, if the host is a person who occupies the unit that is being used for incidental transient occupancy for at least 60 consecutive days, with the intent to establish that dwelling as the host's primary residence. Payment of transient occupancy tax Transient occupancy taxes are collected and paid to the city pursuant to Chapters 4.72 and 4.74 of this Code. Transient occupancy taxes are the responsibility of the host, but may be paid by a hosting platform on behalf of a host if the incidental transient occupancy is created through a hosting platform that has an agreement with the city for collection and payment of such transient occupancy taxes. Compliance with all requirements of the housing code for dwellings Any building or portion thereof used for incidental transient occupancy shall comply with the requirements of the housing code ( Chapter 17.20 ). Recordkeeping requirements The host shall retain records documenting the compliance with these performance criteria for a period of 3 years after each period of incidental transient occupancy. The host shall provide copies of records documenting the compliance with these performance criteria, including but not limited to records showing payment of transient occupancy taxes by a hosting platform on behalf of a host, upon request to city manager, city attorney, city auditor or any designee of city manager, city attorney or city auditor. Review of incidental transient occupancy use and criteria City council may terminate incidental transient occupancy as a permitted use or modify the criteria for such use at any time. City council specifically directs that a review of Sections 20.30.110.B, 20.40.115 , 20.60.030.C, 20.70.130 , 20.75.230 and Part 2.5 of Chapter 20.80 be placed on a city council agenda no later than 18 months after the effective date of Ordinance 29523. (Ord. 29523.)