Project Title: Short Term Rental Ordinance
Case Number:  (None)                                
Project Location: Countywide Program
Assigned Staff and Division:

Whitney Wilkinson, Long Range Planning Division

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Status

The County Board of Supervisors has directed staff to delay work on the Coastal Short Term Rental (STR) Ordinance in order to prioritize other state mandated projects. The Board of Supervisors may direct Planning & Development to recommence work on the Coastal Short-Term Rental Ordinance in Fiscal Year 22-23.

To be notified of upcoming actions or project updates, join our mailing list here .

Current Land Use Regulations

Short-Term Rentals and Homestays are permitted in certain Inland Area Zones of the unincorporated County; however, they are currently unregulated in the Coastal Zone.

To check if a property is in the Coastal Zone, please click here  to use our interactive map. See instructions here on how to use the interactive map.

Inland Area

The Board of Supervisors adopted regulations for Short-Term Rentals and Homestays for the Inland Area on October 3, 2017, and the regulations went into effect on October 1, 2018.

See the development codes below to view Short-Term Rental and Homestay regulations for the Inland Area:

Land Use and Development Code (LUDC)        

Montecito Land Use and Development Code (MLUDC)

Short-Term Rentals and Homestays must comply with all applicable development standards in the LUDC and MLUDC. Standards include, ownership, compliance with safety codes (fire, building, health), prohibited structures, signs, occupancy, parking, number of visitors, noise, internet listing, proof of ownership or long-term tenancy, and nuisance responses. It is illegal to advertise and/or rent property in the Inland Area on a short-term basis (30 days or less) without first having obtained a Short-Term Rental or Homestay permit from Planning and Development. 


Definitions: The primary difference between a Homestay and a Short-Term Rental is that the owner or a long-term tenant must inhabit the property during the Homestay visitor's stay, while the Short-Term Rental does not have this requirement. 

Short-Term Rental:   A structure which is rented for overnight lodging, in whole or in part and with or without the presence onsite of the owner or representative of the owner, for 30 consecutive days or less.

Homestay:                A residential structure, including portions thereof, rented for 30 consecutive days or less where the owner or long-term tenant of the property inhabits a legal dwelling on the same lot at the same time as the transient occupant.

Where are Short-Term Rentals and Homestays allowed (Inland Area)?

·         Short-Term Rentals are permitted in certain commercial zones.

·         Homestays are permitted in Residential zones and the AG-I zone.

 

Agriculture

Residential

Commercial

Special Purpose Zones

Homestay

AG-I

RR, R-1/E-1, EX-1, R-2, DR

PRD, SLP, MHP, MHS, MR-O

CM-LA

MU, NTS, OT-R, OT-R/LC, OT-R/GC

Short-Term Rentals

Not allowed

Not allowed

C-1, C-2, C-3, C-S, CH, CM-LA, C-V, SC

OT-R/LC, OT-R/GC

 

Determine if a property is eligible for a Short-Term Rental or Homestay Permit (Inland Area):

Step 1: Determine your property's zoning. Your zoning will determine what, if any permits you are eligible for to operate a Short-Term Rental or Homestay. You can look up your zoning here .

Step 2: For properties that have residential zoning or AG-I zoning, you can apply for a Homestay permit only (Short-Term Rentals are prohibited in residential and agricultural zones). The development standards (e.g. rules and regulations) for homestays can be found in the LUDC and MLUDC . Short-Term Rentals are only allowed in limited zones (e.g. commercial zones in the Inland Area).

Step 3: For Short-Term Rental and Homestay related questions, and how to apply for permits, please call the Planning & Development Zoning Counter:

North County (805) 934-6251

South County (805) 568-2090

Homestay Information

Click here  for a list of FAQs related to Homestays.

 Coastal Zone

Short-Term Rentals and Homestays in the Coastal Zone are currently unregulated. In early 2021, the Board of Supervisors paused work on the Coastal Short-Term Rental Ordinance to prioritize other state mandated projects. The Board of Supervisors may direct Planning & Development to recommence work on the Coastal Short-Term Rental Ordinance in Fiscal year 2022-2023.

While Short-Term Rentals and Homestays are currently unregulated in the Coastal Zone, owners and operators must still comply with the County's Transient Occupancy Tax regulations , should they choose to operate a Short-Term Rental or Homestay in the Coastal Zone. Contact the County Treasury-Tax Collector's Office for more information at (805) 568-2920 .

On September 1, 2020, staff briefed the Board of Supervisors and presented potential ordinance approaches. The staff report and attachments are available online here and more information on this hearing can be found here

Timeline

Board of Supervisors

September 1, 2020

August 28th, 2018

California Coastal Commission

May 10, 2018

Board of Supervisors

October 3, 2017

June 6, 2017

December 6, 2016

Montecito Planning Commission

September 21, 2016

County Planning Commission

August 3, 2016

County Planning Commission

February 24, 2016

Montecito Planning Commission

November 18, 2015

County Planning Commission

November 4, 2015

Public Workshop

August 20, 2015

August 18, 2015

July 16 & 30, 2015

Documents

Coastal Zone Maps

Additional Information and Contacts:

Short-Term Rental and Homestay Permits:

Please contact the North or South County Zoning Counters for more information on applying for a Short-Term Rental or Homestay permit in the Inland Area.

North County Zoning Counter (805) 934-6251

South County Zoning Counter (805) 568-2090