(Prepared for investors, hosts, and property‑management firms who are evaluating a STR operation in Montclair, CA)

1. Overview – Are STRs Allowed in Montclair?

| Jurisdiction | Status of Short‑Term Rentals (≤ 30 days) | |--------------|-------------------------------------------| | City of Montclair | No city‑specific ordinance is provided in the source material. Without a municipal rule, the city’s default position follows California state law (see § 2.3 below). | | San Bernardino County | STRs are permitted only in the County’s “Mountain” and “Desert” regions. The County’s program does not apply to the city of Montclair because Montclair is an incorporated city, not part of the unincorporated County zones. | | State of California | STRs are legal in residential zones provided the host complies with the statewide registration, tax‑collection, and “good‑neighbor” requirements imposed by Assembly Bill 3182 (2020) and related statutes. |

Bottom‑line: In Montclair you may operate a short‑term rental without a city‑level permit, but you must meet California’s statewide STR obligations (registration, Transient Occupancy Tax, good‑neighbor brochure, insurance, etc.). If the city later adopts its own ordinance, those rules will supersede the state‑only framework.

2. How to Launch a Short‑Term Rental Business in Montclair

| Step | Action | Reference / Resource | |------|--------|----------------------| | 2.1 Confirm Property Eligibility | Verify that the property is a single‑family dwelling, condo, or townhome (any unit classified as “residential” under the County’s zoning map). Apartment buildings with ≥ 3 units are not eligible for STR permits in most jurisdictions. | County STR “For Owners” page – Information for Owners | | 2.2 Review State‑Level Requirements | • Register with the California Department of Consumer Affairs (online portal) <br>• Obtain a Transient Occupancy Registration Certificate (often handled through the city’s tax‑collector; Montclair follows the County’s TOT collection process) <br>• Draft a Good‑Neighbor Brochure describing occupancy limits, noise rules, parking, etc. (AB 3182 mandates this) | CA AB 3182 text (see § 2.3) | | 2.3 Acquire Insurance | Minimum commercial general‑liability coverage that expressly includes “short‑term rental of residential property.” Many platforms (Airbnb, VRBO) provide a base policy; supplement if needed. | County “Getting Started” FAQ – Insurance Requirements | | 2.4 Set Up a 24‑Hour Contact | Designate a local contact person (owner, manager, or agent) who can respond in‑person within 30 minutes to complaints. Phone must be listed on all advertisements. | County Ordinance – Local Contact Person | | 2.5 Obtain Permits (if applicable to unincorporated County zones) | If the property lies in the Mountain/Desert regions of the County, apply for a County STR Permit via the online portal. For Montclair city property, no county permit is needed; only state registration and TOT filing apply. | County Application Portal – Apply for a Permit | | 2.6 File Transient Occupancy Tax (TOT) | Collect TOT (10 % in most CA jurisdictions) from guests each month and remit to the San Bernardino County Tax Collector (or the city’s designated TOT processor). Monthly filing is mandatory regardless of occupancy. | County TOT guidance – Transient Occupancy Tax | | 2.7 Marketing & Compliance | • Post the STR permit number (if a county permit applies) or the state registration number in all ads (web, print, platforms). <br>• Include the maximum occupancy (see § 3.2) and parking limits in listings. <br>• Keep a copy of the Good‑Neighbor Brochure and short‑term rental permit on‑site for inspections. | County Advertising Rules – Advertising Guidelines | | 2.8 Ongoing Monitoring | • Monitor the Noise Monitoring Program (outdoor sensors may be installed in County zones; Montclair not covered). <br>• Respond to the 24/7 complaint hotline (1‑833‑SBC‑STR1) within 15 minutes of any call. | County Hotline – Complaint Line |

3. Required Documents, Permits & Licenses

| Document / Permit | Who Issues It | When It’s Needed | Key Details | |-------------------|---------------|------------------|-------------| | State STR Registration | California Dept. of Consumer Affairs (online) | Before any advertising or rental | Must list owner, property address, local contact, and proof of insurance. | | Transient Occupancy Registration Certificate | San Bernardino County Tax Collector (or city‑designated collector) | Prior to first rental | Shows registration number; required on all ads. | | County STR Permit (only for Mountain/Desert unincorporated zones) | San Bernardino County Code Enforcement | If property is in those zones | Includes occupancy limits, 24‑hour contact, compliance verification. | | Good‑Neighbor Brochure (state‑mandated) | Owner prepares; must be distributed to guests | Before each guest check‑in | Summarizes noise, parking, occupancy, trash, and contact rules. | | Insurance Policy (commercial GL) | Private insurer (e.g., State Farm, Allstate) | Before operation | Must cover short‑term rental activity; minimum coverage per County (see § 4.4). | | Safety Inspection (County requirement for Mountain/Desert) | County Fire/Building Department | Prior to permit issuance; renewed biannually | Fire, building, safety code compliance; corrections must be completed. | | Local Contact Person 24‑Hour Availability Affidavit | Owner | Before operation | Declares ability to respond in‑person within 30 minutes. | | Advertising Disclosure | Owner | Every ad | Must display permit/registration number, max occupancy, parking limits, and TOT tax statement. | | TOT Monthly Return | County Tax Collector | Every month (even if no rentals) | Form C‑104; remit 10 % of gross rent; penalties for late filing. |

4. Specific Regulations – County, City, and State

4.1 San Bernardino County (applies only to the Mountain & Desert unincorporated areas)

| Regulation | Summary | |------------|---------| | Permit Requirement | STR permits required for private homes rented ≤ 30 days. | | Occupancy Limits | Max 2 persons per bedroom + 1 (e.g., 2‑bedroom = 5 guests) plus up to 2 minor children (≤ 12). Daytime occupancy may be double the overnight limit (max 16 total). | | Parking | One vehicle per bedroom + 1; all overnight parking must be on‑site. | | Noise | Outdoor noise‑monitoring program; any amplified sound must be inaudible at the property line. | | 24‑Hour Contact | Owner/manager must provide a 24‑hour phone number and be reachable within 15 minutes (phone) and 30 minutes (in‑person). | | Insurance | Minimum commercial general‑liability coverage (County sets a floor; often $1 million). | | Advertising | Permit number, maximum occupancy, and contact info must appear in all ads. | | Inspections | Initial fire, building, and safety inspection; biannual renewal inspections unless violations trigger annual inspections. | | TOT | 10 % transient occupancy tax, collected by the host and remitted monthly. | | Enforcement | 24/7 complaint hotline (1‑833‑SBC‑STR1); violations lead to citations, fines, and possible permit suspension/revocation. | | Permitted STR Map | Public map shows all registered STRs in the County – Permitted STR Properties. |

4.2 City of Montclair (no city‑specific ordinance in the source material)

• Default to State Law – Without a municipal ordinance, Montclair follows California AB 3182 and the County’s TOT collection process.
• Typical Municipal Ordinances (illustrative, based on nearby cities) – Other San Bernardino County cities (e.g., Claremont) have adopted rules on occupancy caps, parking, noise monitoring, and caps on the total number of vacation‑rental permits. If Montclair adopts a similar ordinance in the future, investors should expect occupancy limits, on‑site parking, noise restrictions, good‑neighbor requirements, and TOT compliance.

4.3 State of California (SB 1220 / AB 3182 & related statutes)

| State Requirement | Key Points | |-------------------|------------| | AB 3182 (2020) – “Short‑Term Rental Law” | • Allows STRs