Maximum overnight occupancy is two persons per bedroom plus one (children under 12 excluded), and total STRs cannot exceed 2% of housing stock in the Greater Humboldt Bay Area (5% in other Community Plan Areas).
HCC 314-60.05 (Inland) and 313-61.05 (Coastal) set occupancy and density caps. Maximum overnight occupancy at each STR shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12). Exceptions require a Special Permit, granted only if findings show no significant adverse effects on community health, safety, welfare, or neighborhood quality. The ordinance also caps the total number of permitted STRs: not more than two percent (2%) of overall housing stock may be permitted as STRs in the Greater Humboldt Bay Area Cap Area, which comprises the Trinidad-Westhaven, McKinleyville, Fieldbrook-Glendale, Blue Lake, Arcata, Jacoby Creek, Freshwater, Eureka, Fortuna, Hydesville-Carlotta, and Rio Dell-Scotia Community Plan Areas. The same 2% cap applies to each individual CPA within the Cap Area. A five percent (5%) cap applies in all other CPAs (Shelter Cove inland is exempt per its specific zoning). Farm-stays and homes listed on a local, State, or Federal historic register are exempt from the caps. Neighborhood concentration limits also apply: STRs shall not exceed 10% of dwellings on the access road for parcels at a General Plan density of one or more units per acre (one dwelling allowed on roads with under ten dwellings), and no STR may be located within 600 feet of another STR. For parcels at less than one unit per acre, STRs shall not exceed 20% of dwellings on the access road.
Exceeding occupancy limits or operating where caps/concentration limits are exceeded without a Special Permit can result in denial or revocation of the Administrative Permit and code enforcement action under HCC Chapter 352.
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