Overview: Are Short-Term Rentals Allowed in El Cerrito?

No, short-term rentals (defined as rentals of less than 30 days) are prohibited in the City of El Cerrito. This is a critical point for any potential STR investor. The only legal form of short-term accommodation within the city's boundaries is a "Bed and Breakfast," which is a distinct use with its own requirements. Investors seeking to operate an STR in El Cerrito must pursue the Bed and Breakfast path or look at properties in the unincorporated areas of Contra Costa County, which have different, more permissive regulations.

This guide provides a detailed, compliance-focused roadmap for operating within the city's legal framework.

1. How to Start a Short-Term Rental Business (Legally Operating a Bed and Breakfast) in El Cerrito

Given the prohibition on standard STRs, the only pathway to a short-term accommodation business in El Cerrito is to operate a legally compliant Bed and Breakfast. Here is the step-by-step process:

1. Verify Zoning Eligibility: Confirm that your property is located in a zoning district where Bed and Breakfasts are an allowed use. According to the Zoning Ordinance (Section 19.20.050), Bed and Breakfasts are permitted in most residential and commercial districts with an Administrative Use Permit (AUP). Contact the Planning Division to verify the zoning of your property and the feasibility of an AUP.
2. Submit an Administrative Use Permit (AUP) Application: Once zoning eligibility is confirmed, prepare and submit an AUP application to the Planning Division. This is a formal request to operate the Bed and Breakfast use on your specific property.
3. Obtain a Business License: After the AUP is approved, you must obtain a business license from the City of El Cerrito. This is a mandatory requirement for operating any business within city limits.
4. Register for Transient Occupancy Tax (TOT): As a Bed and Breakfast operator, you are required to collect and remit the city's Transient Occupancy Tax (TOT), which is 10% of the rent charged for stays of 30 days or less. You will need to register with the Finance Department to receive a TOT certificate and the necessary forms.
5. Comply with All Other Bed and Breakfast Standards: Ensure your operation meets all specific standards outlined in Section 19.20.050 of the Zoning Ordinance, including owner-occupancy requirements, parking, and other operational guidelines.

Important Note for Investors: This entire process is centered on transforming the property into a full-time Bed and Breakfast business. It is not a pathway for renting out a spare room or an entire home on a casual, part-time basis like an STR on platforms such as Airbnb. The AUP is a property-specific permit tied to a particular use.

2. Required Documents, Permits, Licenses, and Guidelines

For a Bed and Breakfast operation in El Cerrito, the following are required:

• Administrative Use Permit (AUP): The primary entitlement to operate the Bed and Breakfast use. Details are in Section 19.20.050 of the Zoning Ordinance.
• Business License: Mandatory for any business. The fee for a new application is $98.00 per property. See the Business License Application Form.
• Transient Occupancy Tax (TOT) Registration: Required to collect and remit the 10% TOT. Contact the Finance Department.
• Zoning Compliance: Adherence to all development standards in Section 19.20.050 of the Zoning Ordinance.
• Standard Building & Safety Codes: The property must comply with all applicable building, fire, and health and safety codes.

There are no permits or licenses required for standard "non-hosted" STRs because they are prohibited.

3. Specific Regulations for Short-Term Rentals

The regulations differ significantly between the City of El Cerrito and the unincorporated areas of Contra Costa County.

A. City of El Cerrito (Incorporated)

• Prohibition: Short-term rentals of less than 30 days are prohibited, except for Bed and Breakfasts.
• Bed and Breakfast Regulations (Section 19.20.050):
  • Owner-Occupancy: The operator must be an owner of the property and must occupy the Bed and Breakfast as their primary residence.
  • Permit Required: An Administrative Use Permit (AUP) is required.
  • Business License & Taxes: The operator must secure a business license and pay all applicable taxes, including the 10% Transient Occupancy Tax (TOT).
  • Standards: Must comply with specific operational standards outlined in the zoning code, such as limits on the number of guests and parking requirements.

B. Unincorporated Contra Costa County

For properties located outside the city limits of El Cerrito but within the boundaries of Contra Costa County, the rules are different and allow for standard STRs.

• Permitting: A Short-Term Rental Permit is required from the County.
• Hosted vs. Non-Hosted:
  • Hosted STR: The host must be physically present on the property for the entire duration of the stay. Maximum of 180 days per calendar year.
  • Non-Hosted STR: The host is absent. Maximum of 90 days per calendar year.
• Occupancy Limits: Overnight guest occupancy is limited to two persons per bedroom, plus two additional persons (children under 12 not counted).
• Parking: At least one off-street parking space for 3 or fewer bedrooms, and two for 4 or more bedrooms.
• Additional Restrictions: Events are not permitted, signage is prohibited, and Accessory Dwelling Units (ADUs) cannot be operated as STRs.

C. State of California

The State of California does not have a comprehensive set of laws governing local STRs. However, it has passed several laws that impact the industry, such as:

• SB 9 (2021): Streamlines the process for homeowners to build ADUs and duplexes on single-family lots. While not directly about STRs, it affects housing supply.
• AB 548 (2019): Addresses substandard housing issues.
• Statewide TOT Collection: The state collects sales tax and other fees, but TOT is a local tax set by cities and counties.

Investors must also be aware of statewide tenant protection laws and fair housing regulations.

4. Contact Information for Local Authorities

For Bed and Breakfast inquiries within the City of El Cerrito:

• Planning Division (for AUP and Zoning):
  • Phone: (510) 215-4360 (general)
  • The specific Planning contact for Bed and Breakfasts is not provided, but general inquiries can be directed here.

For Transient Occupancy Tax (TOT) and Business Licenses:

• Finance Department:
  • Phone: (510) 215-4323
  • Email: finance@elcerrito.gov
  • Physical Address: 10890 San Pablo Ave, El Cerrito, CA 94530

For reporting disruptive short-term rentals (within the city):

• Code Enforcement: The city investigates reported violations. The contact method is through the general city line or the "Contact Us" page on the official website.

For Short-Term Rental inquiries in Unincorporated Contra Costa County:

• Planning Department:
  • Phone: (925) 655-2700
  • Email: See the website for specific staff contacts by project type.

5. Links to Source Pages

• City of El Cerrito Short-Term Rental FAQ: https://www.elcerrito.gov/DocumentCenter/View/6960/Short-Term-Rental-FAQ?bidId=
• City of El Cerrito Bed and Breakfast Zoning Requirements (Municode): https://library.municode.com/ca/el_cerrito/codes/code_of_ordinances?nodeId=TIT19ZO_PTIVREAPSOALDI_CH19.20STSPUS_19.20.050BEBR
• City of El Cerrito Rental Housing Program (Business License, Rent Registry, RRIP): http://www.el-cerrito.org/rentalhousing
• City of El Cerrito Transient Occupancy Tax (TOT) Information: http://ca-elcerrito.civicplus.com/236/Transient-Occupancy-Tax
• Contra Costa County (Unincorporated) Short-Term Rentals: https://www.contracosta.ca.gov/10303/Short-Term-Rentals
• Contra Costa County Short-Term Rentals Ordinance (Municode): https://library.municode.com/ca/contra_costa_county/codes/ordinance_code?nodeId=TIT8ZO_DIV88SPLAUS_CH88-32SHRMRE

Disclaimer: This guide is for informational purposes only and is not a substitute for professional legal or financial advice. Always consult with the appropriate local authorities before making any investment or operational decisions.