§ 6.2

At a minimum, the notice shall include: (i) a copy of this Section; (ii) the name and contact information for the designated

property manager of a short-term rental, or owner of a homeshare; and (iii) contact information for the Code Compliance Division.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.3 - Information in rental agreements, advertisements and listings.

a.

Each rental agreement, advertisement, and online listing for a short-term rental or homeshare shall prominently display the following information:

(1)

The permitted occupancy and guest limits for both day and night;

(2)

Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;

(3)

Notification that no outdoor amplified music or sound is allowed during quiet hours;

(4)

Notification that the property cannot be used for events that exceed the applicable occupancy or guest limits, or that violate the quiet hours, noise standards or any other standard or requirement of this Section;

(5)

The available number of onsite parking spaces, and notification discouraging use of on-street parking;

(6)

The County-issued land use permit number authorizing the homeshare or short-term rental under this Section;

(7)

The current County-issued Business License Tax Certificate identification number, if a Business Tax Certificate is required for the operation.

(8)

All advertisements for homeshares shall state that the unit is an owner-occupied dwelling, and the owner shall be present in the home.

b.

No advertisements or notices regarding the availability of a dwelling for homeshare or short-term rental use shall be posted on the property.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.4 - Posting inside of dwellings.

The following information, as well as all information required by Section 8175-5.21.9.3, shall be posted in a conspicuous location inside the dwelling within six (6) feet of the main entrance of the homeshare or short-term rental:

a.

The name and contact information for the designated property manager of a short-term rental or owner of a homeshare, and the telephone number(s) at which the person can be reached at all times;

b.

The waste collection schedule and information about recycling and green waste separation and disposal;

c.

Notification that the property owner, renter, and occupants are subject to criminal citation and fines, civil penalties and/or permit revocation for violations of the unit's occupancy limits, noise standards and other operational standards.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.5 - Business license; business taxes; transient occupancy tax.

To the extent required by applicable County ordinance, the owner of a short-term rental or homeshare shall acquire and maintain a valid County business license, timely pay annual business taxes evidenced by a business tax certificate, and/or obtain and maintain a valid County transient occupancy tax registration certificate and timely pay all required County transient occupancy taxes.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.6 - Insurance.

The owner shall maintain an insurance policy that includes coverage for commercial/business general liability with a minimum limit of five hundred thousand dollars ($500,000.00) per occurrence for claims of personal injury or property damage. Proof of such insurance coverage shall be provided with each permit application under this Section, and shall be made available to the Planning Director or designee upon request.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.7 - Defense and indemnification.

All owners of a homeshare or short-term rental shall be jointly and severally responsible to defend and indemnify the County and all of its officials, employees and agents from and against all third-party claims, causes of actions, fines, damages and liabilities of whatever nature arising from or related to the processing and issuance of a permit under this Section and/or from the operation of the homeshare or short-term rental. Upon submittal of a permit application under this Section, all owners of the homeshare or short-term rental shall execute a written agreement on a form provided by the Planning Director or designee implementing this defense and indemnification requirement.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.8 - Record-keeping.

The owner of a homeshare or short-term rental shall keep and preserve all records as may be necessary to demonstrate compliance with the standards and requirements of this Section. These records shall include but are not limited to all rental agreements entered into, advertisements and online listings. The records shall be maintained during the term of the permit issued under this Section, and shall be made available in electronic format for the County's review upon request of the Planning Director or designee.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.10 - Inspection and monitoring. 8175-5.21.10.1 - Inspections.

In addition to the pre-permitting inspection of a homeshare or short-term rental pursuant to Section 8175-5.21.6, upon reasonable notice, County staff shall be given access to the dwelling and site to conduct an inspection during the term of the permit to ensure continued operation of the homeshare or short-term rental in compliance with the provisions of this Section and other applicable building and zoning codes and regulations regarding parking, access, fire, safety, and other relevant issues.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.10.2 - Monitoring.

County monitoring shall be required for each homeshare and short-term rental operation issued a permit. The permittee shall be responsible for all monitoring costs associated with the operation. Each application request for an initial permit under this Section shall be accompanied by payment of a code compliance review deposit in the amount stated in the Planning Division fee schedule. If the county bills against the deposit, the permittee shall replenish the deposit within seven (7) calendar days after the County's written request to the permittee.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.11 - Complaint and violations. 8175-5.21.11.1 - Complaints.

a.

Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or short-term rental shall be directed to the short-term rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or short-term rental.

b.

Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or short-term rental has created unreasonable noise or disturbance and/or potentially violated any other operational standard of this Section, the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within thirty (30) minutes, or within fifteen (15) minutes during the quiet hours between 10:00 p.m. and 7:00 a.m., after the complaint is first received.

c.

Within twenty-four (24) hours after first receiving a complaint pursuant to subsection (b) above, the property manager or owner shall complete the online reporting form provided by the Planning Director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken; and (3) describe the resolution or current status.

d.

A property manager's or owner's failure to promptly resolve a complaint pursuant to subsection (b) above, or to timely and fully report the complaint to the Planning Director or designee on the online reporting form, shall each constitute a separate violation of this Section.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.11.2 - Violations.

Each of the following acts or omissions related to the operation or use of a homeshare or short-term rental is unlawful and constitutes a violation of this Section. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or short-term rental. Each day a violation occurs constitutes a separate, additional violation:

a.

Engaging in an act in violation of the permitting requirement of Section 8175-5.21.4(a);

b.

Failure to comply with an operational standard of Section 8175-5.21.8;

c.

Failure to comply with a property management requirement of Section 8175-5.21.9;

d.

Failure to comply with the complaint investigation, resolution and/or reporting requirements of Section 8175-5.21.11.1; and

e.

Failure to timely remit to the County any cost or fee pursuant to this Section.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.12 - Legal nonconforming short-term rentals and homeshares.

This Section 8175-5.21.12 governs the continuation of legal nonconforming short-term rentals and homeshares, as defined below. Article 12 shall not apply to this Section.

a.

For purposes of this Section, a legal nonconforming short-term rental or homeshare is one that meets each of the following requirements:

(1)

A dwelling that was operating and rented as a short-term rental or homeshare as of the effective date of this Section, and has continued to operate as such to the present; and

(2)

The short-term rental or homeshare does not conform to the permit eligibility requirements of any or all of the following: (i) Section 8175-5.21.5.1(b), or Section 8175-5.21.5.2, subdivisions (a), (c), (d), or (e).

b.

Except as specified in this Section 8175-5.21.12, a legal nonconforming short-term rental or homeshare shall be subject to and comply with all standards and requirements of this Section that apply generally to short-term rentals and homeshares.

c.

Applicants seeking a permit to operate a legal nonconforming short-term rental or homeshare shall comply with all general permitting requirements of this Section except for the permit eligibility requirements identified in Section 8175-5.21.12(a)(2) with which the owner or dwelling does not conform. As part of the permitting process, applicants shall: (a) submit documentation as specified by the Planning Director or designee establishing that the dwelling qualifies for legal nonconforming status pursuant to this Section 8175- 5.21.12; and (b) state all permit eligibility requirements identified in Section 8175-5.21.12(a)(2) with which the short-term rental or homeshare does not conform.

d.

A legal nonconforming short-term rental or homeshare shall be permitted to operate for a maximum of two (2) years from the effective date of this Section ("Grace period"), or until the sale or transfer of the property in whole or part, whichever occurs first, provided that the permit is not otherwise revoked for cause pursuant to Section 8183-7. After expiration or revocation of the permit, no person who seeks or receives any rent, payment, fee, commission, or compensation in any form from the subject legal nonconforming homeshare or short-term rental shall rent, offer for rent, advertise for rent, or facilitate the rental of the subject legal nonconforming homeshare or short-term rental.

e.

After expiration or revocation of the permit authorizing a legal nonconforming short-term rental or homeshare, no person who seeks or receives any rent, payment, fee, commission, or compensation in any form from the subject legal nonconforming homeshare or short- term rental shall rent, offer for rent, advertise for rent, or facilitate the rental of the subject legal nonconforming homeshare or short- term rental.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.22 - Transitional and supportive housing. 8175-5.22.1 - Purpose and application.

The purpose of this Section 8175-5.22 is to comply with Government Code sections 65583(c)(3) and 65650 et seq. regarding transitional housing and supportive housing, as such terms may be amended. If this Section 8175-5.22 conflicts with any other provision of this Chapter, this Section 8175-5.22 shall prevail. If this Section 8175-5.22 conflicts with state law, the latter shall govern.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.22.2 - Allowed zones.

Transitional housing and supportive housing are allowed in all zones that allow residential dwellings. This includes lots zoned: COS, CA, CR, CRE, CR1, CR2, RB, RBH, and CRPD.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.22.3 - Type of permit and applicable development standards for transitional and supportive housing.

a.

In accordance with Government Code section 65583(c)(3), transitional housing and supportive housing are considered a residential use of property and are subject only to those standards that apply to other residential dwellings of the same type (e.g., other single- family, two-family, or multifamily dwellings) in the same zone.

For example, supportive housing proposed in a new multifamily dwelling in the CRPD Zone would require the same type of permit and meet the same development standards as other multifamily dwellings in the CRPD Zone, unless such housing qualifies for approval as a use by right pursuant to Section 8175-5.22.3.1 below.

b.

Supportive housing that complies with the requirements of Section 8175-5.22.3.1 below shall qualify for approval as a use by right in accordance with Government Code section 65651(a), and shall meet the standards of that section.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.22.3.1 - Supportive housing as a use by right with approval of a zoning clearance.

a.

Standards and Requirements:

(1)

Supportive housing that complies with the requirements of this Section 8175-5.22.3.1 is considered a use by right in all zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This includes lots zoned CR2, RB, RBH, and CRPD.

As required by Government Code section 65650, for purposes of this Section 8175-5.22.3.1, supportive housing includes nonresidential uses and administrative office space as provided in Section 8175-5.22.3.1(a)(2)(vi) below, as well as transitional housing for youth and young adults.

(2)

To qualify as a use by right pursuant to this Section 8175-5.22.3.1, all of the following must be satisfied:

i.

The development consists of fifty (50) units or fewer.

ii.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years. A deed restriction ensuring the continued affordability of the units consistent with this Section 8175-5.22.3.1 shall be recorded with the County Recorder in a form approved by the County at the property owner's expense prior to the issuance of a Zoning Clearance for construction of the development.

iii.

One hundred (100) percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income households. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. For purposes of this subsection, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code, as may be amended.

iv.

At least twenty-five (25) percent of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred (100) percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing. For purposes of this subsection, "target population" has the meaning set forth in Government Code section 65650(d) and Health and Safety Code section 50675.14, as may be amended, which include persons, including persons with disabilities, and families who are "homeless," as that term is defined by section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by Government Code section 12957(e)(2).

v.

The applicant provides the County with the information required by Government Code section 65652, outlined in Section 8175- 5.22.3.1(b)(2) below.

vi.

Nonresidential floor area shall be used for on-site supportive services and administrative office space in the amounts specified below.

For purposes of this subsection, "supportive services" has the meaning set forth in Government Code sections 65650 and 65582, as may be amended, and includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. "Administrative office space" has the meaning set forth in Government Code section 65650(a), as may be amended, and means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing on-site supportive services at a

supportive housing development authorized by this Section 8175-5.22.3.1 and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.

A.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services.

B.

For a development with more than twenty (20) units, at least three (3) percent of the total floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

C.

Administrative office space shall not exceed twenty-five (25) percent of the total floor area.

vii.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Government Code section 65915(c)(3).

viii.

Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(3)

In accordance with Government Code section 65651(b)(1), a supportive housing development subject to this Section 8175-5.22.3.1 must comply with all objective development standards and policies that apply to other multifamily development within the same zone.

(4)

If the supportive housing development is located within one-half-mile of a public transit stop, no parking is required for the units occupied by supportive housing residents as set forth in Government Code section 65654.

b.

Application Requirements for Supportive Housing as a Use By Right:

(1)

An application for supportive housing shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any supportive housing pursuant to this Section 8175-5.22.3.1.

(2)

In accordance with Government Code section 65652, the application shall include a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by this Section 8175-5.22.3.1 and Government Code section 65651, and describing those services, which shall include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services;

ii.

The proposed funding source or sources for the provided on-site services; and

iii.

Proposed staff resources and staffing requirements to manage the on-site supportive services.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.23 - Residential care facilities serving six or fewer persons. 8175-5.23.1 - Purpose.

The purpose of this Section 8175-5.23 is to regulate residential care facilities serving six (6) or fewer persons in accordance with state law (See Health and Safety Code, §§ 1566.3, 1568.0831, and 11834.23).

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.23.2 - Allowable zones.

Residential Care Facilities serving six (6) or fewer persons are allowed in all zones that allow residential dwellings. This includes lots zoned COS, CA, CR, CRE, CR1, CR2, RB, RBH, and CRPD.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.23.3 - Standards and requirements.

a.

When required by state or federal law, a residential care facility serving six (6) or fewer persons is considered a residential use by a family under this Chapter, and is subject to the following:

(1)

A residential care facility serving six (6) or fewer persons shall comply with the setback, building lot coverage, height limit, sign- placement and other development standards applicable to a family dwelling of the same type and in the same zone.

(2)

No additional development standards other than those identified in subsection (a)(1) above shall apply to a residential care facility serving six (6) or fewer persons.

(3)

Use of a family dwelling for purposes of a residential care facility serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of local building codes or Part 1.5 (commencing with section 17910) of Division 13 of the Health and Safety Code, as may be amended. However, nothing in this Section 8175-5.23.3 is intended to supersede Health and Safety Code sections 13143 or 13143.6, to the extent such sections are applicable to residential care facilities serving six (6) or fewer persons.

b.

Subject to subsection (c) below, for purposes of this section, "family dwelling" has the same meaning as provided in Health and Safety Code section 1566.3(g), as it may be amended, which states: "'family dwelling' includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments."

c.

Notwithstanding subsection (b) above, the term "family dwelling" as used in this section shall mean a single-family dwelling if the residential care facility is any of the following: an alcoholism or drug abuse recovery or treatment facility subject to Health and Safety Code section 11834.23, or an intermediate care facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled—nursing, or a congregate living health facility subject to Health and Safety Code section 1267.8.

(Ord. No. 4640, § 4, 12-17-2024)

8175-6 - Density bonus and affordable housing incentives. 8175-6.1 - Purpose and application.

Government Code section 65915 et seq., known as California Density Bonus Law, requires local jurisdictions to grant a density bonus, incentives or concessions, and waivers or reductions in development standards to qualifying projects that commit a certain percentage of dwelling units to affordable housing. The purpose of this Section 8175-6 is to promote affordable dwelling units and allow density bonuses and other affordable housing incentives available under state law in a manner that is consistent with the requirements of the LCP.

(Ord. No. 4640, § 4, 12-17-2024)

8175-6.2 - Density bonus and affordable housing incentives.

a.

Government Code section 65915(m) provides that California Density Bonus Law does not supersede or in any way alter or lessen the effect or application of the Coastal Act.

b.

Subject to subsection (c) below, the density bonuses, incentives or concessions, and waivers or reductions in development standards required by state law, including, but not limited to, Government Code section 65915 et seq., shall be available to qualifying projects on the terms and conditions specified in state law.

c.

Any requested density bonus, incentive(s) or concession(s), waiver(s) or reduction in development standards, or modified parking standards in the coastal zone shall require the approval of a coastal development permit by the County decision-making authority for the project pursuant to Section 8174-5 without a public hearing, and shall be consistent with the County's certified LCP policies for the protection of coastal resources. In no case shall the coastal resources protection development regulations of Sections 8178-2 (ESHA), 8178-3 (Archaeological and Paleontological Resources), 8178-4 (Hazards), or 8178-5 (Agricultural Lands) be waived, reduced, or modified, unless otherwise required by state law.

d.

For qualifying projects that consist of low- and moderate-income housing, as defined in Government Code section 65589.5(h)(3), LCP provisions that reduce residential densities below the density sought by an applicant shall not be applied if the density is within the range of density established by the underlying zone plus the additional density permitted by Government Code section 65915 et seq., unless a finding is made, based on substantial evidence, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with section 30200) of the Coastal Act or the other provisions of the LCP applicable to the project.

(Ord. No. 4640, § 4, 12-17-2024)