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HomeMy WebLinkAbout15-035 Requesting the City Manager to Prepare Legislation Related to Short-Term Rentals Resolution 15-035 RESOLUTION NO. 15-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, REQUESTING THE CITY MANGER TO PREPARE LEGISLATION RELATED TO SHORT-TERM RENTALS WHEREAS,the City Council has taken up the issue of regulating short term rentals at various times in 2006-2007, 2010, and most recently in s 2012; and, WHEREAS, on March 16, 2015, Council referred the matter of developing short-term rental regulations to the Community Development and Land Use Committee; and, WHEREAS,the matter was discussed by the Community Development and Land Use Committee on April 28, 2015, June 4, 2015, August 6, 2015 and, WHEREAS, at its September 3, 2015meeting, the Committee directed staff to bring to full Council a summary of the Committee's recommendations to date; and, WHEREAS, staff seeks Council guidance on the next steps related to this issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1. The City Manager is requested to prepare legislation related to short-term rentals that: a) consolidates the existing provisions of the City's municipal code related to rentals of less than 30 days into one chapter and, b) incorporates short- term rental provisions that generally conform to the guidance in the table at Exhibit A, and to present those documents to Council for approval. Section 2. The City Manager is authorized to take any administrative actions consistent with the intent of this Resolution. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 19th day of October, 2015. r David King Mayor Attest. Q Approved as to form: Joanna Sanders, CMC Steven L. Gross City Clerk City Attorney Resolution 15-035 Exhibit Page 1 of 2 Community Development and Land Use Committee Short Term Rental Issues and Recommendations Vacation Rental Issues and Questions Committee Comments and Recommendations 1 Create a Vacation Rental Chapter in the PTMC that will Yes-unanimous. combine all transient accommodation regulations into one chapter. 2 Condominium owners and anyone else proposing a Yes.Unit owners need to provide proof that they have vacation rental in a building with private CC&Rs would notified the homeowners' association. Require signatures need to provide proof that they notified their homeowners' similar to sign code. association. 3 Consideration of limiting the number of vacation rentals to Yes. Prefer one per block/street segment(both sides of the no more than one per block. One alternative idea would be street),rather than by census tract. to limit the number of vacation rentals by census tract. Staff provided an example from Durango Colorado that limits the number of vacation rentals to no more than one within a street segment,which includes adjacent properties across the street(s)to that property. 4 Staff recommended that vacation rentals not be allowed in The Committee recognized that a change would need to be ADUs. made to the Comprehensive Plan if ADUs are to be rented out as vacation rentals. Agreement that ADUs could be possible short-term rentals,but affordable housing supply would be affected. 5 A first-come,first serve system of accepting applications Yes,agreed on first-come,first-served based upon was discussed,which would include advertising the day and street/block segment. Set levels of expectations re: time that the vacation rental application period is opened. occupancy and that it will be self-regulating with listed Advertise in City newsletter and press release to local rules.Publicize.Would need to have consistent newspapers. enforcement of rules.Not everyone currently knows they need a permit. 6 The issues of code enforcement were discussed and it was Yes.It is reasonable to set a time limit for which those generally agreed that there would need to be a clear process currently operating without a permit cannot apply. Some for code enforcement actions. One alternative discussed have been told and they continue to operate.These should was to restrict the eligibility of those that are operating not be included in first come,first served.Need a list of without a license by not allowing them to qualify to apply rules as a condition of business license approval. for a vacation rental.A lottery system was discussed,and Agreement not to go with lottery system. the difficulties/complications involved in administering a lottery. Staff recommended against the lottery approach. 7 Having a"local"person that could come to the house Yes,unanimous agreement that person managing has within 30 minutes if there was a problem was discussed, ultimate responsibility and oversight and should be within including posting the vacation rentals and their contact 30 minute transit.May want to discuss"local" and 30 phone numbers on the City website(as Cannon Beach does) minute arrival. Require vacation rental owners to be so the general public could have access to those responsible registered voters of Port Townsend or Jefferson County? for the vacation rental.Having someone live on-site is More discussion needed.Post list on-line(City website)so preferable,as is required now with tourist homes and bed& all can be aware who to call if there is a problem. Code breakfasts. enforcement for designated manager and homeowner if they are not the same person. 8 Having no more than one rental per property. Yes,no more than one rental per property. More discussion needed about whether someone can live in their ADU and rent out their house. 9 The definition of"compatible"is required as the City goes Yes,agreed. through the Comprehensive Plan discussion of visions and goals. Vacation rentals must be compatible with the neighborhood. 10 It was agreed that vacation rentals require a conditional use Yes,needs a conditional use permit,which will require a permit,as do tourist homes and bed and breakfasts now. site visit and public notice(neighbors notified). Resolution 15-035 Exhibit Page 2 of 2 Vacation Rental Issues and Questions Committee Comments and Recommendations 11 A number of code enforcement strategies were considered. Yes. Code enforcement for people who do not have One idea is to have a policy such as if the police need to permits.Take a closer look at increased staff for code come to your house three times due to neighbor complaints enforcement,including vacation rentals. of noise,etc.this would be grounds for revoking a vacation rental license. There should be clear consequences to those that rent their homes as vacation rentals without having a valid permit. Code enforcement does take staff time and a code enforcement person may need to be hired. Could the cost of a vacation rental permit be figured by somehow calculating the code enforcement time/cost of a code enforcement person to monitor the vacation rentals? 12 Vacation rental license fee vs.tax was discussed.This is a Yes.Possibility of increasing flat fee to recoup costs of legislative issue. enforcement.Fees to be spent on the program.There was some support for a license versus tax,which are both general revenues.Tax may be more complicated to administer. Suggestion that the simplest method would be to add a fee to the business license. 13 New vacation rental policy considered incrementally and Yes,agreed to review rental policy in three years. implemented as a three-year pilot program. 14 Clarify if vacation rentals are compatible in residential Need more information from staff. nei hborhoods(Comprehensive Plan). 15 Parking requirements for vacation rentals—the same as Agreed not to require an additional parking space. tourist homes and bed and breakfasts—a minimum of two on-site parking spaces for the home,and one additional parking space for the vacation rental? Or since the owner is not present,not require any additional parking? Would historic homes used as vacation rentals be able to have on- street parking as provided now in PTMC Off-Street Parking section 17.72.130?