To: Board of Supervisors
From: Planning and Building Services
Meeting Date: August 29, 2023
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Department Contact: |
Steven Switzer |
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707-234-6650 |
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Department Contact: |
Julia Krog |
Phone: |
707-234-6650 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 1.5 Hours |
Agenda Title:
title
Discussion and Possible Action Including Direction to Staff Regarding Inland Short-Term Rental Ordinance
(Sponsor: Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Provide direction to staff in developing short-term rental regulations for the inland areas of the County.
End
Previous Board/Board Committee Actions:
On May 16, 2017, the Board of Supervisors (Board) directed PBS to prepare an ordinance establishing a moratorium on short-term rentals in Mendocino County. In response to concerns about short-term rentals depleting the County’s housing stock, the Board passed and adopted Ordinance No. 4391 on August 1, 2017, which restricted the establishment of new short-term rentals. However, this ordinance expired 45 days later since it did not sustain the votes necessary for a required extension.
On September 12, 2017, the Board further directed PBS to develop an updated draft policy for review and consideration by the Planning Commission and Board.
On April 10, 2018, the Board directed PBS to incorporate policies regarding inclusionary housing accessory dwelling Units and short-term rentals as detailed in Supervisor Gjerde's memo stated in the May 16, 2017, Board meeting minutes. At that time, it was noted a Zoning Clearance would apply for new short-term rentals unless occupancy was greater than 120 days, which would necessitate a minor use permit.
It has been the directive for PBS to draft a short-term rental ordinance amendment for the inland area of the County. This has subsequently been deferred over several fiscal years with the agreement of the Board.
More recently, the Planning Commission took action to form an Ad Hoc Committee on short-term rentals on November 18, 2021. Following this, on November 17, 2022, the Planning Commission adopted a resolution that clarified the interpretation of MCC Sections 20.164.015(L) and 20.024.135 concerning the occupancy of entire dwelling units for transient habitation. However, this resolution was subsequently appealed to the Board.
On April 25, 2023, the Board considered said appeal and with a 4 to 1 vote overturned the Planning Commission’s interpretation of MCC Sections 20.164.015(L) and 20.024.135. This effectively restored the 2010 Director determination that short-term rentals were to be classified as an accessory residential use type within the County’s inland areas.
Summary of Request:
Short-term rentals throughout Mendocino County have implications for transient occupancy tax revenues, lodging options, housing stock, and neighborhood stability. Currently, the only short-term rental regulations within the County’s Zoning Ordinance are in its coastal regions, Division II (Coastal Zoning Code) and Division III (Mendocino Town Zoning Code). Despite these existing regulations, there are no explicit short-term rentals regulations for the inland areas of the County captured by Division I of the Zoning Ordinance. It is necessary to public health and welfare to regulate health and safety standards
related to the nature and ongoing operations of short-term rentals through a short-term rental ordinance
for the inland areas of the County.
To better address this, a summary of previous County actions and discussion of the existing regulatory framework, relevant case studies, and potential guidelines to consider when crafting short-term rental regulations for the inland areas of Mendocino County are provided for review and consideration.
Staff is seeking direction from the Board to guide the development of an ordinance to regulate short-term rentals within the Inland Area of the County. Recommendations are offered to better direct staff on the next steps in developing short-term rental regulations for the inland areas of the County.
Alternative Action/Motion:
Do not provide direction.
Does This Item Support the General Plan? Yes
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: n/a
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: N/A
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: No Action Taken |
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Date: August 29, 2023 |
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