To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
title
Amendment to the Short-term Rental Provisions of the Inland and Coastal Zoning Regulations to amend subsections 60.05.9.1.1 (to clarify requirements for Category 3 roads for Home shares), 60.05.10.2.4 (to allow certain Short-term rentals in Agriculture General Zones), 60.05.10.3.1(to clarify requirements for Category 3 roads for Short-term rentals) and 60.05.10.6 (to clarify separation between Short-term rentals)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the resolution (Attachment 1) which does the following:
a. Finds that the proposed amendments to the Inland and Coastal Short-term rental ordinances are exempt from environmental review; and
b. Finds that the proposed ordinance amendment complies with the General Plan, Local Coastal Program and Zoning Ordinance; and
c. Adopts the amendments to the Short-Term rental ordinance for both the inland and the coastal zone.
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: A Diverse, Equitable & Robust Economy
Strategic Plan Category: 2002 - Promote a robust tourism economy
DISCUSSION:
Executive Summary:
The Board is being asked to approve three amendments to the inland short-term rental ordinance and two amendments to the coastal version. These are simple amendments that address unintended consequences of the existing ordinance. The Planning Commission reviewed the amendments at their meeting of Feb. 6, 2025, and voted 5-0 to recommend adoption by the Board of Supervisors without making any changes to the ordinance amendments presented by staff.
Discussion:
The proposed modification to the Short-Term Rental (STR) ordinance is the result of applying the ordinance and encountering some unexpected regulatory consequences. The nature of the changes is minor and are intended to align the ordinance with the objectives the county was intending to achieve in adopting the ordinance. The proposed changes are shown in underlined/stricken text and are described as follows. The number references are to the inland ordinance, but the coastal ordinance is identical, except for the Agricultural General Allowance.
A. Category 3 Roads (60.05.9.1.1.3 and 60.05.10.3.1.3 Access) The current language requires STRs to be on roads “built to a Category 3 road.” There are very few roads in Humboldt County built to the standard of a Category 3 road. When the Category 3 road was chosen as a factor, the focus was that the road would function at the capacity of a Category 3 road. This change is to address situations where a neighbor may oppose an STR on the technical basis of whether the road is built to a Category 3 road. The changes clarify the objective that the road’s functional capacity is that of a Category 3 road.
B. Allowance for AG Zones (60.05.10.2.4 Resource Zone Districts) Currently the STR ordinance allows STRs in Resource Zones (AG, AE, TPZ) provided they are a farm stay. This requires them to provide some educational opportunities about the agricultural use of the property. AG is a unique zone in that it has been used to allow creation of smaller residential lots. Many applications for STRs have been in AG zones where there is no agricultural use and thus cannot provide a farm stay opportunity.
The change is intended to address the smaller lots in the AG zones and allow them to be approved without the need for a farm stay. The proposal would allow STRs on AG zoned parcels of less than 5 acres subject to all other provisions of the ordinance. Parcels between 5-10 acres would require a Special Permit and parcels over 10 acres would require it to be associated with a farm stay.
It is important to note there is not an AG Zone in the Coastal Zone and so this provision does not apply to the Coastal Zone.
C. Neighborhood Concentration (60.05.10.6.2) The initial change associated with this section is that the reference to “As the Crow Flies” was found to be highly restrictive. Counting 10 parcels in a line can go well outside the neighborhood of a proposed short-term rental. The proposed change would not allow two STR’s within 300 feet of each other without approval of a Special Permit. The other changes are to standardize language and provide clarity relative to land use density.
The Coastal Version of the short-term rental ordinance has not been certified by the Coastal Commission and is thus not effective. Staff anticipate this amendment can be incorporated into the Coastal Commission’s consideration of the previously approved ordinance.
Environmental Review:
This is covered by the commonsense exemption that CEQA (CEQA Guidelines section 15061(b)(3)) applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SOURCE OF FUNDING:
Long-Range Planning unit (1100-282)
FINANCIAL IMPACT:
The salary funding for preparing this staff report is included in the General Fund contribution to budget 1100-282 for fiscal year 2024-25. Staff costs and other expenses related to research of the existing ordinance, and preparation and review of this staff report total approximately $4,000.
OTHER AGENCY INVOLVEMENT:
County Counsel, Public Works
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Board discretion.
ATTACHMENTS:
1. Resolution Adopting Findings and Approving Ordinances
2. Proposed Modifications to the Inland Short-Term Rental Ordinance
3. Proposed Modifications to the Coastal Short-term Rental Ordinance
4. Existing Short Term Rental Ordinance
5. Planning Commission Resolution
PREVIOUS ACTION/REFERRAL:
Meeting of: 11/30/2023 Planning Commission; 03/05/2024 Board of Supervisors; 02/06/2025 Planning Commission
File No.: 23-1530; 24-253; 25-208