Under Mariposa County Code 17.108.180, a vacation rental approved on or after April 14, 2016 is limited to ten or fewer occupants and no more than three bedrooms. If the septic/water system cannot serve 10, occupancy drops to two persons per approved bedroom.
Mariposa County Code Section 17.108.180 sets firm occupancy ceilings for vacation rentals in the unincorporated county. Subsection A: 'No more than three (3) bedrooms are available for occupancy by transients for vacation rentals.' Subsection C: 'Occupancy in a vacation rental approved on or after April 14, 2016 shall be limited to ten (10) or fewer occupants,' applying to new facilities and to those re-permitted after an ownership change. The code requires posting an 8-1/2 x 11 inch NOTICE over or next to the primary exit reading 'Maximum Occupancy 10 Persons' (or a lower number), with lettering at least 1-1/2 inches high. Subsection D ties occupancy to wastewater capacity: on-site sewage or small community systems must have capacity to serve 10 occupants, and 'if such a system does not meet this design standard, the facility shall be limited to occupancy of two (2) persons per approved bedroom,' with the posted notice reflecting that lower number. Bed and breakfast establishments and agricultural homestays have a separate limit under subsection B of no more than five bedrooms (the County's packet describes B&Bs as up to five guest rooms with not more than ten guests). These limits were set by Ordinance 1116 (2016).
Exceeding the posted maximum occupancy, the 10-occupant ceiling, or the three-bedroom limit violates Section 17.108.180 and the conditions of the transient occupancy registration certificate, which the County may rescind for non-compliance.
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