Contra Costa County Municipal Code Art. 88-32.4 Permits

No person shall establish or operate a short-term rental in the unincorporated area of the county without first obtaining a permit as provided in this chapter.

(Ord. 2020-12 § II, 6-2-20)

(a) A short-term rental may be operated on any lot in a single-family residential district (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100), planned unit district (P-1) for residential uses, water recreational district (F-1), or a multiple-family residential district (M-6, M-9, M-12, M-17, and M-29).

(b) A short-term rental may be operated on any lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80), except that a short-term rental may not be operated on a lot under a Williamson Act contract.

(Ord. 2020-12 § II, 6-2-20)

(a) An owner, lessee, or holder of a similar interest in a residential dwelling unit may apply for a short-term rental permit by filing an application with the department. The application must be on a form approved by the director and contain all of the following information.

(1) The name(s), address(es), and contact information of the applicant(s) and property owner(s).

(2) The name(s), address(es), contact information, and primary residence documentation of the host(s) if the short-term rental will be hosted for any period. The host's primary residence must be documented by at least two of the following: motor vehicle registration, driver's license, California state identification card, voter registration, income tax return, property tax bill, or a utility bill.

(3) The address and assessor's parcel number for the lot.

(4) A legible site plan of the lot, showing:

(A) All structures located on the lot and indicating the residential dwelling unit proposed for short-term rental; and

(B) The location of the parking spaces required by this chapter.

(5) A legible floor plan of the residential dwelling unit proposed for short-term rental.

(6) The property owner's consent to the short-term rental of the residential dwelling unit.

(7) A statement that the short-term rental of the residential dwelling unit is not prohibited by a restrictive covenant.

(8) The name and contact information of the responsible party associated with the short-term rental. The responsible party must be eighteen years of age or older, reside within a thirty-mile radius of the short-term rental, and be available by telephone for the duration of any rental period to respond to complaints regarding activity at the short-term rental.

(9) The applicant's agreement to indemnify, defend, and hold harmless the county, its boards, commissions, officers, employees, and agents from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages arising from or related to the applicant's application for a short-term rental permit, the county's approval of the permit, and the operation of the short-term rental.

(Ord. 2020-12 § II, 6-2-20)

(a) Except as otherwise provided in this section, an application for a permit to establish and operate a short-term rental that meets the short-term rental regulations specified in Section 88-32.602 will be approved ministerially without discretionary review or public hearing unless any of the following grounds for denial exist.

(1) The application is incomplete.

(2) The applicant has made a false statement or omitted a material fact from the application.

(3) The applicant has not paid all required fees in accordance with the fee schedule adopted by the board of supervisors.

(4) The applicant is delinquent in payment of county taxes.

(5) Another short-term rental permit associated with the residential dwelling unit, the applicant, or the owner had been revoked within twenty-four months of the date of application.

(6) The short-term rental does not meet the location requirements specified in Section 88-32.404.

(7) The residential dwelling unit proposed for short-term rental is a deed-restricted below-market-rate residential unit.

(8) The residential dwelling unit proposed for short-term rental violates any provision of this code, including, but not limited to, the building standards in Title 7.

(b) An application for a permit to establish and operate a short-term rental that does not meet one or more of the short-term rental regulations specified in Section 88-32.602 will be considered under the administrative decision procedure specified in Article 26-2.21. A discretionary short-term rental permit will be approved if:

(1) None of the grounds for denial under Section 88-32.408(a) exist; and

(2) The zoning administrator makes the findings specified in Section 26-2.2008.

(Ord. 2020-12 § II, 6-2-20)

(a) Ministerial short-term rental permit.

(1) A ministerial short-term rental permit will expire one year from the date the permit was approved, unless it is revoked sooner.

(2) An application for renewal must be filed with the department at least thirty calendar days before the permit expires. If any of the documentation or information supplied by the applicant pursuant to Section 88-32.406 has changed since the permit was approved, the applicant must submit updated information and documentation with the application for renewal.

(3) An application to renew a ministerial short-term rental permit will be approved ministerially unless any of the following grounds for denial exist.

(A) Any of the grounds for denial under Section 88-32.408(a) exist.

(B) The application is filed less than thirty days before the permit expires.

(C) The applicant is delinquent in payment of county taxes.

(D) The permit is revoked or is the subject of a revocation proceeding at the time of application.

(b) Discretionary short-term rental permit.

(1) A discretionary short-term rental permit will expire on the date specified in the permit, unless it is revoked sooner. No short-term rental permit will be issued for a term longer than five years.

(2) An application to renew a discretionary short-term rental permit will be considered in the same manner as a new application under Section 88-32.408(b).

(Ord. 2020-12 § II, 6-2-20)

After a short-term rental permit is issued, the department will notify all owners of property within three hundred feet of the short-term rental that a permit was issued. The notice will be in writing and contain the location of the short-term rental, contact information for the responsible party associated with the permit, contact information for county code enforcement, and a website address where the short-term rental ordinance is listed.

(Ord. 2020-12 § II, 6-2-20)

A short-term rental permit may not be transferred.

(Ord. 2020-12 § II, 6-2-20)

Fees for short-term rental permits will be in amounts established by the board of supervisors in the department's fee schedule. A short-term rental permit will not be approved until the applicant has paid the applicable permit fee.

(Ord. 2020-12 § II, 6-2-20)