COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

July 12, 2004

SET TIME:

9:45 a.m.

BOARD MEETING DATE:

July 27, 2004

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

EXECUTIVE SUMMARY: Consideration of an Ordinance Establishing Permanent Regulations for the Short Term Rental of Rooms (Commonly Known as a Bed and Breakfast Inn) in Zoning Districts Outside the Coastal Zone

RECOMMENDATION

1.

Adopt an ordinance (Attachment A) amending the zoning regulations applicable outside the Coastal Zone to:

a.

Add a definition of bed and breakfast inn.

b.

Allow long-term (30 days and over) rental of rooms in any dwelling.

c.

Limit bed and breakfast inns to certain commercial districts, subject to a use permit.

2.

Determine whether to direct the Planning Commission to hold a hearing or hearings pursuant to Zoning Regulations Section 6134.1, Continuation of Non-Conforming Uses, to recommend to your Board whether use of existing residences as bed and breakfast inns, should be discontinued and converted to a use permitted under the zoning regulations as revised above within a prescribed period of time.

BACKGROUND

A residence under construction last year in the Sequoia Tract, brought to light the inadequacy of the County’s existing regulations governing the short term rental of rooms in residential districts, commonly referred to as a bed and breakfast inn. Those regulations made no distinction between short- or long-term rentals and allowed the rental of up to five rooms in a single-family residence.

When relied upon for the establishment of a bed and breakfast, with its regular daily turnover of occupants and the potential introduction of activities and facilities more commonly associated with hotels and motels, the regulations could lead to conflicts with the primary residential character of the zoning district.

In response to those concerns, on December 16, 2003, your Board adopted interim zoning regulations for room rentals outside the Coastal Zone which created a distinction between long (30 days or more) and short (less than 30 days) term room rentals and established development and operational standards for the latter. Your Board directed the Planning Commission to conduct hearings and make a recommendation with regard to permanent regulations.

The Planning Commission held hearings on March 24 and May 12, 2004 and recommended that your Board prohibit the short-term rental of rooms in residential districts and limit bed and breakfast establishments to commercial zoning districts, subject to a use permit. The Commission also recommended that your Board consider amortization and conversion to standard residential occupancy of existing bed and breakfast establishments that would become non-conforming uses under those provisions. The Commission vote was unanimous. The following report explains the Commission recommendation in detail.