314-60
60.05 SHORT-TERM RENTALS
60.05.1 Purpose. The purpose and intent of this section (the “Short-Term Rental Ordinance”) is to protect and promote the public health, safety and welfare, support tourism and economic development, protect housing stock, preserve the quality of neighborhoods, and balance the needs of property owners, tenants, and neighbors.
60.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
60.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
60.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a Short-Term Rental Permit shall include the following:
60.05.4.1Current grant deed for the subject parcel.
60.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 314-60.05.9.1.2.3 and 314-60.05.10.4.
60.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
60.05.4.4Evidence of property owner consent if the permit holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
60.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
60.05.4.5Access route, if seeking a Special Permit and the site is accessed via a shared private road system.
60.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate in as an immersive encounter with agricultural living.
60.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section, the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 314-60.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
60.05.6 Permit Requirements.
60.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an Administrative Permit.
60.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 314-60.05.9.1 and 314-60.05.10.3 may only be allowed upon issuance of a Special Permit.
60.05.6.2.1 Required Findings. A Special Permit for a short-term rental may be approved only if the following findings are made:
60.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
60.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
60.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
60.05.7 Permit Term for Short-Term Rentals. All Short-Term Rental Permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
60.05.7.1The permit holder shall submit a statement of continued operation as provided by the Planning and Building Department, indicating a desire to continue operation; provided, that there is evidence of hosting stays; and
60.05.7.2There are no outstanding violations associated with the permit; and
60.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel;
60.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
60.05.8 Violations. Continuous use of a short-term rental without resolution of the violation(s) of this section may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14, a short-term rental permit may be suspended or revoked for violations of the Short-Term Rental Ordinance and/or violations of permit terms or conditions.
60.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
60.05.9.1 Standards for Home-Share Rentals.
60.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 314-60.05.9.1.1.3 and 314-60.05.9.1.1.4 may be sought with a Special Permit.
60.05.9.1.1.1 Building, Fire and Health.
60.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
60.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.9.1.1.3 Access. The access road shall be built to a Category 3 standard.
60.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to standard in subsection 314-60.05.9.1.2.4 may be sought with a Special Permit.
60.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
60.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
60.05.9.1.2.3.1.1Respond to all questions or concerns timely.
60.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.9.1.2.3.2Location of the approved parking spaces.
60.05.9.1.2.3.3Permit standards.
60.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.9.1.2.3.5Traffic etiquette guidelines.
60.05.9.1.2.4 Parking. Each home-share rental shall provide one (1) off-street parking space per rented bedroom. Where legal on-street parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
60.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
60.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the County is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
60.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
60.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
60.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the alternative owner builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
60.05.10.1.4.1AOB dwellings may be permitted after-the-fact, pursuant to the building code in effect at the time of original permit issuance. A Short-Term Rental Permit application may be submitted concurrently with the Building Permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
60.05.10.2 Short-Term Rental Permit Limitations.
60.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
60.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Greater Humboldt Bay Area Short-Term Rental Cap Area which is comprised of the following Community Plan Areas: Trinidad-Westhaven Community Plan Area (CPA), McKinleyville CPA, Fieldbrook-Glendale CPA, Blue Lake CPA, Arcata CPA, Jacoby Creek CPA, Freshwater CPA, Eureka CPA, Fortuna CPA, Hydesville-Carlotta CPA and the Rio Dell-Scotia CPA. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Community Plan Area can be used for short-term rentals. Farm stays and homes listed on the local, State, or Federal Historic Registry are exempt from the cap.
60.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-Term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a Special Permit.
60.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) of the effective date of the ordinance codified in this section.
60.05.10.2.2 Nontransferable. Short-Term Rental Permits shall not be transferred between property owners.
60.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with Short-Term Rental Permits.
60.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Agriculture General Zone, Forestry Recreation Zone, and Timberland Production Zone may only be permitted as farm stays.
60.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
60.05.10.3 Standards for Short-Term Rentals.
60.05.10.3.1 Health and Safety. Exception to standards in subsections 314-60.05.10.3.1.3 and 314-60.05.10.3.1.4 may be sought with a Special Permit.
60.05.10.3.1.1 Building and Fire.
60.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
60.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.10.3.1.3 Access. The access road shall be built to a Category 3 standard.
60.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
60.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.10.4.1Name and telephone number for a caretaker who shall:
60.05.10.4.1.1Respond to all questions or concerns timely.
60.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.10.4.2Location of the approved parking spaces.
60.05.10.4.3Permit standards.
60.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.10.4.5Traffic etiquette guidelines.
60.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
60.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 314-60.05.10.6.2.3 through 314-60.05.10.6.2.5 may be sought with a Special Permit.
60.05.10.6.1 Per Parcel Limit. One (1) short-term rental may be permitted per legal parcel.
60.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
60.05.10.6.2.1Parcels with a General Plan density of one (1) or fewer acres per dwelling unit.
60.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road; and
60.05.10.6.2.1.2As the crow flies, the nearest ten (10) dwellings shall not be short-term rentals.
60.05.10.6.2.2Parcels with a General Plan density of more than one (1) acre per dwelling unit.
60.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road.
60.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on street where allowed.
60.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensor and provide recorded data to the Planning and Building Department upon request.
60.05.10.6.2.5 Parking. Each short-term rental shall provide one (1) off-street parking space per rented bedroom. Where legal on-street parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.1 SINGLE ROOM OCCUPANCY STRUCTURES AND FACILITIES
60.1.1 Purpose. The purpose of these regulations is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in Single Room Occupancy (SRO) Facilities in proximity to transit and services, and to establish standards for the small units within those facilities.
60.1.2 Applicability. These regulations shall apply in all zones in which the SRO Facilities use type is permitted, and where public water is available, including but not limited to proposed expansions at existing SRO Facilities, and to proposed new facilities.
60.1.3 Development Standards for SRO Facilities.
60.1.3.1 Density. An SRO Facility which is a conversion of an existing hotel or motel is not required to meet density standards of the General Plan but shall comply with the occupancy standards of the adopted Airport Land Use Plan. All other SRO Facilities shall meet the density standards of the General Plan and the occupancy standards of the adopted Airport Land Use Plan.
60.1.3.2 Common Area. Four square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
60.1.3.3 Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.
60.1.3.4 Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
60.1.3.5 Common Building Site. The total area occupied by the SRO Facility shall be no more than 2 contiguous acres.
60.1.3.6 Management.
60.1.3.6.1 Facility Management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
60.1.3.6.2 Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the County. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
60.1.3.7 Parking. Off-street parking shall be provided consistent with the parking regulations in §314-109.1 (Inland). Secure bicycle parking shall be provided at the ratio of one (1) space per four (4) SRO units.
60.1.3.8 Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
60.1.3.9 Exceptions. Exceptions to the Standards of Subsections 60.1.3.1 through 60.1.3.7 of this section may be approved by the Planning Commission upon making a finding that an alternative standard is in substantial conformance with the prescriptive standard where compatible with surrounding land uses.
60.1.4 Development Standards for SRO Units.
60.1.4.1 Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
60.1.4.2 Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
60.1.4.3 Kitchen. Except as provided herein, an SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
60.1.4.4 Closet. Each SRO unit shall have a separate closet.
60.1.4.5 Code Compliance. SRO units shall comply with all requirements of the California Building Code and required health and safety standards for water and sewer.
60.1.4.6 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. (Ord. 2472, Sec. 1, 2/14/2012; Ord. 2732, § 2, 3/5/2024)