REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 28, 2022
FROM
DAVID DOUBLET, Director, Land Use Services Department
SUBJECT
Title
Adoption of Ordinance Amending Title 1 and Title 8 of the County Code Relating to Short-Term Residential Rental Fees and Regulations
End
RECOMMENDATION(S)
Recommendation
Adopt ordinance amending Section 16.0215C and Chapter 84.28 of the County Code relating to Short-Term Residential Rental fee program and regulations, which was introduced on June 14, 2022, Item No. 113.
(Presenter: David Doublet, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health, and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Adequate appropriation to complete this action has been included in the Land Use Services Department’s (LUS) 2021-22 and 2022-23 budgets and will be included in future recommended budgets. LUS anticipates additional revenues as a result of the newly proposed and amended Short-Term Rental (STR) fees, which will offset costs for the administration and enforcement of the STR program.
BACKGROUND INFORMATION
This item adopts an ordinance amending Section 16.0215C of Chapter 2 of Division 6 of Title 1 and Chapter 84.28 of Division 4 of Title 8 of the County Code related to STRs. The amendments to Section 16.0215C include updated fees related to the STR fee program. The amendments to Chapter 84.28 include substantive changes and clarifications to the STR program. The amendments are intended to address the adverse impacts of STRs on unincorporated communities.
After conducting a public hearing, the Board of Supervisors (Board) made the following alterations to the ordinance and recommendations proposed by the Planning Commission:
Summary of Board Amendments to Chapter 84.28
Section 84.28.040 Permit Required. The Board adopted a proposal originally recommended by staff that restricts the total number of STR permits to a maximum of two for each STR owner, with the exception that an STR owner that holds more than two active STR permits on the effective date of the ordinance shall be eligible to renew applicable existing STR permits as a legal non-conforming use.
Section 84.28.050 Application Process. The Board added language requiring an STR owner to update the responsible department and surrounding property owners of any changes to the name of the managing agency, agent, or property manager of the dwelling unit, which requires an additional notification fee requirement.
Section 84.28.060 Occupancy Standards. This section was amended to revise STR occupancy limits based on the number of bedrooms and an allowance of two additional occupants, resulting in the following occupancy limits: four occupants for a studio/single bedroom STR; six occupants for a two-bedroom STR; eight occupants for a three-bedroom STR; 10 occupants for a four-bedroom STR; and 12 occupants for a five-bedroom STR. The proposal also set a maximum occupancy cap not to exceed 12 occupants, notwithstanding the number of bedrooms. Language allowing a maximum of two people per bedroom and distinguishing the difference between occupants and minor children was removed from the proposed amendments.
Section 84.28.070 Minimum Rental Period. The Board deleted the requirement of a two-night minimum rental period.
Section 16.0215C(a)(4)(E)(V) Special Use Permit - Short-Term Private Home Rental Permit
New Noise Monitoring Device Fee Credit: The Board added language specifying that in order to receive the one-time $150 fee credit for the installation of a noise monitoring device, the device must be for monitoring outdoor noise.
The recommendation before the Board today will adopt the ordinance on the consent calendar.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Deputy County Counsel, 387-5455) on June 17, 2022; Finance (Erika Rodarte, Administrative Analyst III, 387-4919) on June 17, 2022; and County Finance and Administration (Paloma Hernandez-Barker, 387-5426, and Robert Saldana, 387-5423, Deputy Executive Officer) on June 17, 2022.