Commissioners resumed discussion of the remaining outstanding regulatory
provisions following the outline prepared by Chair Gueau Jones. The following is a
summary of the discussion and votes taken.
Proposed use-specific standard B (18) [Revocation of Certificate of Compliance] was
approved as written and was agreed upon to be applicable to all STR tiers by a vote
of (8-0).
Proposed use-specific standard B (3) [Proof of Ownership] was approved as written
with modifications to address authorized tenants and was agreed upon to be
applicable to all STR tiers by a vote of (8-0).
Proposed use-specific standard B (2) [Limits on Licensure] was approved as written
with modifications for tenants and was agreed upon to be applicable to all STR tiers
by a vote of (8-0). There was Commission discussion and clarification on the fact
that this provision would allow a property owner with multiple rental properties
the ability to grant “authorization” to tenants for the tenant’s own personal STR
licensure. Such granting of “authorization” would not result in the property owner
from forfeiting their right to have single dwelling unit licensed for STR purposes
under their individual name.
Proposed use-specific standard B (10) [Parking] was discussed and concerns were
expressed relating to the impact that requiring additional parking may have on
neighborhoods given such paving may go unused for significant periods of time.
Staff explained that if insufficient parking already existed at a dwelling, failure to
provide adequate parking may exacerbate parking existing deficiencies. The
Commission discussed this observation noting that if such properties were used as
primary/secondary residences the resident was already parking somewhere to
meet their needs and that paving for more parking just because the dwelling was
licensed for STR was not necessary. There was discussion that availability of parking
may serve to self-regulate the impact that a dwelling used for STR purposes would
really have on the neighborhood.
A vote on this provision was taken on a tier by tier basis. The Commission voted to
approve the provision for use within Tier 2 and Tier 3 by votes of (7-1) and (8-0),
respectively. The Commission voted to deny (2-6) to have the provision applicable
to Tier 1.
Proposed use-specific standard B (16) [Compliance] was reconsidered given
concerns about the number of days to bring a property in compliance being
sufficient. The Commission expressed concern that 180 days would not allow a
property owner sufficient time to become compliant or to make decisions on what
to do with a dwelling if such compliance was not possible. Commissioners also
cited several administrative issues that could arise as well as questioned when the
actual “effective date” of the ordinance would be.
Staff agreed with the Commission on possible administrative burdens and noted a
short compliance period could result in operators going “underground”. However,
staff cautioned that creating standards complicated may create similar compliance
issues. Mr. Zenner stated that in reviewing other ordinances compliance periods
ranged from 180 days to 365 days. Ms. Thompson noted that the “effective date” is
typically the same day the ordinance is approved by Council; however, can be
delayed by Council. Mr. Zenner noted that staff would seek to delay the effective
date to ensure that all forms for administration were prepared and sufficient public
notice was given regarding the new regulations.
There was additional Commission discussion resulting in a decision being made