Clatsop County commissioners direct staff to narrow Arch Cape short-term rental rules to Arch Cape

The Clatsop County Board of Commissioners at a work session directed staff to draft an ordinance removing the coastal residential (Cove Beach) zone from the Arch Cape short‑term rental (STR) operating standards and make Cove Beach subject to the countywide STR rules instead of Arch Cape’s special standards.

The move follows staff presentations that said Arch Cape rules were added into the county code in 2022 but have not been enforced in the coastal residential zone. "I would very much like to have the Arch Cape standards apply only to Arch Cape," Commissioner Leanne Thompson said during the discussion, adding that Arch Cape neighbors helped develop their standards and that allowing on‑street parking there could create public‑safety concerns for Cove Beach residents.

County staff said the discrepancy arose after a 2022 code change that transferred STR operating standards from the zoning code to the county code. Gail Henriksen, Community Development Director, told commissioners that the change was made in ordinance 22‑03 (originally proposed as ordinance 22‑01) and that staff did not realize the coastal residential zone had been included in the Arch Cape standards when permitting and enforcement proceeded. Henriksen said the county has not applied Arch Cape standards to coastal residential properties for the past three-plus years and that the code still lists the coastal residential zone in section 5.24 of the county code.

Henriksen summarized the substantive differences between Arch Cape standards and countywide rules: Arch Cape allows on‑street parking when a property cannot physically fit required parking onsite; Arch Cape limits a unit to one rental per seven days (so a three‑day rental cannot be followed by a separate four‑day rental in the same seven‑day period); and Arch Cape uses a per‑sleeping‑area occupancy formula that effectively allows two people per sleeping area plus up to four additional occupants, up to a 14‑person maximum. Countywide standards require all parking onsite, have no limit on rental frequency, and apply a straight two‑persons‑per‑sleeping‑area occupancy limit (also capped at 14). Henriksen said the change in practice currently affects about 24 short‑term rental permits in the coastal residential zone.

County Counsel Anthony cautioned that while enforcement discretion exists in practice, relying on selective non‑enforcement is risky. "We do have some discretion in what we enforce," Anthony said, but he advised against leaving the county in a prolonged state of uncertainty and recommended a permanent solution.

Commissioners who spoke — including Thompson, Commissioner Banks, and a commissioner who identified themselves as supporting consistency for unincorporated areas — said they preferred keeping Arch Cape’s standards limited to Arch Cape and making Cove Beach consistent with the rest of the unincorporated county. Henriksen said staff would return with an ordinance to remove the coastal residential zone from section 5.24 of the county code.

The discussion included a brief review of the STR regulatory history: Clatsop County adopted countywide STR regulations in 2018 (ordinance 18‑01), amended procedures in 2019, moved operating standards from zoning to county code in 2022 (ordinance 22‑03), and adopted caps in ordinance 24‑19 most recently. Commissioners were reminded the county conducted a moratorium beginning in August 2021 and has held numerous work sessions and public hearings (Henriksen said the board conducted 35 work sessions and hearings on STR matters since January 2021).

Next steps: staff will draft and return with an ordinance to delete the coastal residential designation from section 5.24 and reconcile inconsistent code language so that Arch Cape standards apply only to Arch Cape and Cove Beach follows countywide STR rules. Henriksen said, "I think that gives staff the direction we needed, and we will bring an ordinance back to you as quickly as we can."