MEETING DATE: Monday, February 27, 2017 MEETING TIME: 6:00 p.m. MEETING LOCATION: City Council Chambers, 448 East First Street, Salida, CO

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1 AGENDA CITY OF SALIDA PLANNING COMMISSION MEETING DATE: Monday, February 27, 2017 MEETING TIME: 6:00 p.m. MEETING LOCATION: City Council Chambers, 448 East First Street, Salida, CO AGENDA SECTION: I. CALL TO ORDER BY CHAIRMAN 6:00 p.m. II. ROLL CALL III. APPROVAL OF THE MINUTES January 30, 2017 IV. UNSCHEDULED CITIZENS V. AMENDMENT(S) TO AGENDA VI. VII. VIII. IX. UPDATES PUBLIC HEARINGS- 1. Eddy-out Grille Limited Impact Review - The request is for a limited impact review approval to operate a temporary commercial activity (food truck) within the Central Business(C-2) zone district at 129 W. Sackett Ave. A. Open Public Hearing E. Public Input B. Proof of Publication F. Close Public Hearing C. Staff Review of Application G. Commission Discussion D. Applicant s Presentation 2. Chapter 16 Land Use Code Short-term rental regulation - The addition of shortterm rental regulations to Chapter 16 Land Use and Development of the Salida Municipal Code. A. Open Public Hearing E. Public Input B. Proof of Publication F. Close Public Hearing C. Staff Review of Application G. Commission Discussion D. Applicant s Presentation UNFINISHED BUSINESS- NEW BUSINESS X. COMMISSIONERS COMMENTS XI. ADJOURN

2 PLANNING COMMISSION Minutes DRAFT MEETING DATE: Monday, January 30, 2017 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO Present: Kasper, Berg, Follet, Wood, Bomer, Kaiser, Jefferson, Absent: Thomas, Mandelkorn, Denning, Cocovinis, AGENDA SECTION: I. APPOINT CHAIRMAN: Berg made a motion to re-appoint Wood as Chairman of the Planning Commission. Bomer seconded the motion. All were in favor and the motion carried. II. CALL TO ORDER BY Wood: - 6:00 PM III. ROLL CALL: IV. APPROVAL OF THE MINUTES October 24, 2016 Berg made a motion to approve the minutes as written. Motion was seconded by Follet. All voters were unanimous and the motion carried. IV. UNSCHEDULED CITIZENS Ken Matthews, 5633 Pinon Ridge Trail, Salidais concerned that the language for affordable housing in the Land Use Code was removed years ago. He would like to see language added back into the code that requires new development to meet an affordable housing component. V. AMENDMENTS TO AGENDA - None VI. UPDATES: VII. PUBLIC HEARINGS 1. Su Casa Furniture Store Creative Sign - The request is for approval to internally illuminate a sign in the C-2 zone district at 300 F Street. Internal illumination is not allowed in the Central Business (C-2) zone therefore requires creative sign permit approval. A. Open Public hearing: - 6:03 p.m. B. Staff Review of Application. Jefferson gave an overview of the application and stated that staff supported the application and recommends approval. Jefferson explained that she received an from a concerned property owner who had some questions regarding the illumination. C. Applicant s Presentation: James Balaun, owner of Su Casa, addressed the concerns of the neighbor and was available to answer questions. D. Public Input- None E. Closed Public Hearing 6:07 p.m. F. Commission Discussion Wood opened commissioner s discussion and stated that he felt that the request was reasonable. Kasper agreed and stated that he appreciates the improvements made to the building. Bomer stated that the applicant has really improved the building with the new windows and the illumination of the existing signs will add to that improvement. G. Commission Action - A motion was made by Bomer to make the recommended findings and take the recommended action. Kasper seconded motion. All were in favor and the motion carried. Page 1 of 3

3 PLANNING COMMISSION Minutes DRAFT 2. Oak Street Apartments Limited Impact Review The request is for conditional use and limited impact review approval of a new 16 unit residential development intended for apartments. The property is located within a C-1 zone district and the Highway 291 established Commercial Overlay. Residential use are allowed in the C-1 district, however, the Highway 291 Overlay requires that the Planning Commission approve a conditional use for multi-family dwellings with four or more units in addition to the development plan. A. Open Public Hearing 6:09 p.m. B. Staff Review of Application: Jefferson gave an overview of the application and stated that staff supported the application and recommends approval with 8 conditions. C. Applicant s Presentation: Walt Harder, presented the Oak Street apartments application and stated that he was fine with all of the conditions except the open space fee requirement. Harder stated that he is working on an application submittal for the Pinto Barn site and requested that the proposed privately managed public park within that site meet the requirement of the Oak Street Apartment open space. Berg asked about pedestrian access on Oak Street and Harder explained that currently there are no sidewalks just dirt paths that people walk and bike on. The City doesn t have Streetscape Plan or a drainage plan for the Highway 291 Corridor. Wood stated that he understands that there is not a streetscape or drainage plan but expressed the need for sidewalks in this area. D. Public Input None E. Closed Public Hearing 6:23 pm F. Commission Discussion Wood opened the Commission discussion and stated that Lot 1 was intended for residential when this property was originally subdivided. He explained that the fee in lieu was established so that the City didn t end up with a bunch of small pocket parks and would collect the fee in lieu to improve existing parks and trails. Wood stated that the fee in lieu was established for this type of development and feels that the Commission should require the payment of the fee in lieu and Commissioners all agreed. Bomer stated that she didn t feel comfortable approving the proposed park on a development that hasn t gone through the approval process. Harder explained that it is very expensive for development in Salida and with the added fees in lieu the rents of the proposed apartments will be expensive. He stated that the intent of the apartments are rentals for the workforce and not affordable. Harder stated that the fee in lieu is a significant burden on this project and would like to Commission to consider the proposal of the alternate site subject to approval of that development. Bomer said that she would feel comfortable with that if the City had some kind of guarantee of the proposed park. Wood explained that he is willing to modify condition #8 to accept an alternate site for a privately maintained public park within the Pinto Barn parcel and the fee in lieu will not be required for the Oak Street Apartments. The proposed park Page 2 of 3

4 PLANNING COMMISSION Minutes DRAFT must be approved by Planning Commission and City Council within one year of the building permit submittal of the Oak Street Apartments or payment for the fee in lieu will be required immediately. Follet asked if the applicant would be willing to add an affordable housing component to the Pinto Barn project and Harder said yes he has been talking with Read McCulloch to provide some affordable housing at the Pinto Barn site. Jefferson stated that because the recorded plat note was specific to paying the fee in lieu she would need to check with the Interim-City Administrator to see if the Planning Commission could make a modification. G. Commission Action A motion was made by Berg to make the recommended findings and take the recommended action and modifying condition #8 if staff finds that the proposed park in Pinto Barn is allowed. Follet seconded motion. All were in favor and the motion carried. VIII. UNFINSHED BUSINESS- Short-term rental discussion- Kaiser gave an overview of the short-term rental regulations and asked for input from the commission. Bomer was concerned with the language that only one STR is permitted per property owner because some property owners have trusts and LLC s (Limited Liability Company s). Bill Smith, Salida explained that it is not uncommon for one person to set up several LLC s and it would be difficult to know who owns the LLC s and he suggested tightening up the language. Wood stated that most people who purchase investment properties form LLC s. Kaiser said that she would look into options for the wording of the property owner. Bill Smith suggested that with the review process the applicant should have to notify surrounding neighbors. He stated that he doesn t feel like there s necessarily a need for a public hearing but notifying neighbors should be required. Bomer thought that it is a good idea to require notification of surrounding neighbors. Smith also suggested making a requirement of short-term rental properties to register at the County Assessor s office as a commercial property and pay commercial property taxes. He said that he talked to the Assessor and asked if the City requires a short-term rental property owner to register as commercial if that property would be taxed as commercial and the Assessor said yes. Bomer stated that at the public forum people at her table were also concerned that short-term rentals were not paying commercial property taxes. She was concerned that the short-term rentals in the Commercial zone district wouldn t have the same requirement because they would be renting as a use by right. Wood suggested staff check into other communities to see how they are taxing short-term rentals and also meet with the Assessor then come back with some suggestions. Ken Matthews questioned the need for the short-term regulations. IX. NEW BUSINESS- X. COMMISSIONER S COMMENTS- XI. ADJOURN: With no further business to come before the Commission, the meeting adjourned at 7:45 p.m. Page 3 of 3

5 MEETING DATE: February 27, 2017 STAFF REPORT AGENDA ITEM TITLE: AGENDA SECTION: Eddy Out Grille Limited Impact Review Application 129 W Sackett Avenue Public Hearing REQUEST: The request is for a limited impact review approval to operate a temporary commercial activity (food truck) within the Central Business(C-2) zone district at 129 W. Sackett Ave. In the C-2 zone district, the proposed use a limited impact review. APPLICANT: The applicant is Scott Salinski representing Eddy Out Grille, LLC, Salida, CO LOCATION: The subject property is described as Lots 7, 8, 9 and part Lots 10, 11 Block 5, City of Salida, Chaffee County, Colorado. This property is also known as 129 W. Sackett Street. Public Hearing, Item 1, Pg. 1

6 PROCESS: Limited Impact Review are those land uses which are generally compatible with the permitted uses in a zone district, but require site-specific review of their location, design, intensity, density, configuration, and operating characteristics, and which may require the imposition of appropriate conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially adverse impacts. The Salida Municipal Code, Chapter 16, specifies that Limited Impact Review applications be reviewed by the City of Salida Planning Commission at a public hearing after fifteen days public notice. The Planning Commission may make a decision to approve, approve with conditions, deny, or remand the application back to the applicant for modification. OBSERVATIONS: 1. The applicant would like to set up a food truck on a property that is located in the C-2 Central Business zone district. The surrounding land uses are commercial in character. 2. The proposed use is considered a temporary commercial use in the Land Use Code and requires the limited impact review approval prior to setting up on private property in the Central Business Zone District. 3. The applicant is proposing to set up the self-contained food truck on the property at 129 West Sackett owned by 129 West Sackett LLC. The applicant is planning on preparing and selling food from this location and has indicated that he will not have liquor on the premise. 4. The applicant has submitted a site plan showing the placement of the food truck and a few tables for people to sit and eat. For the most part people will order their food and take it with them. 5. As of the date of posting the packet materials staff has not received any opposition to this application. 6. The applicant would like to be able to open the food truck business on March 1, 2017 and would like approval to operate at this location for the duration of the two (2) year lease. Staff recommends reviewing the application in one year. 7. The proposed hours of operation are 9:00 a.m. till 11:00 p.m. every day of the week. The applicant stated in the application that customers will have access to restrooms at Subculture, 129 N. G Street and the public restrooms near the boat ramp. The public restrooms at the boat ramp are locked at 8:00 pm in the winter and 10:00 pm in the summer. The Commission could amend the condition of approval limiting the hours of operation. REVIEW STANDARDS (Section (n) Temporary Commercial Uses and Activities. Temporary commercial uses and activities may be allowed only when): 1. Use allowed. The commercial use itself is allowed or is approved as a conditional use in the zone district. Public Hearing, Item 1, Pg. 2

7 Applicant s response: The use is most closely related to eating and drinking establishments permitted within the Central Business Zone District. Staff recommends adding a condition of approval - That the operation of the temporary commercial food truck be open from March 1, 2017 through March 1, 2018 and the applicant must come back in one year for approval if he wants to continue with the temporary commercial activity (food truck) an additional year. 2. Parking. Adequate parking is provided for the use, as determined by the Administrator: Applicant s response: In the C-2 zone district new businesses must provide adequate parking. Eating and drinking establishments must have a minimum of 1 parking space per 200 square feet. The proposed use requires 2 parking spaces and the parking requirement has been met, as shown on the site plan there are 20 parking spaces available that the applicant will share with the building owner. 3. Health and Safety Codes. The use complies with all applicable health and safety codes and a permit for the use is obtained from the Building Official Applicant s response: Prior to opening and serving the public the applicant must provide the City with a copy of the final health inspection approval. 4. Location. The use is situated such that it does not block any required access or egress from the site and is not located on any required parking. Applicant s response: Review Agencies The applicant has submitted a site plan showing the location of the proposed food truck. The truck is situated on the west side of the lot and does not block any access or egress from the site. Fire, Chief Doug Bess: A fire inspection is required prior to opening up the food truck operation. REQUIRED ACTIONS BY THE COMMISSION: 1. The Commission shall confirm that adequate notice was provided and a fee paid. 2. The Commission shall conduct a public hearing. Public Hearing, Item 1, Pg. 3

8 3. The Commission shall make findings regarding the proposed use in order to ensure the use is consistent with the Comprehensive Plan, conforms to the Land Use Code, is appropriate to its location and compatible with neighboring uses, is served by adequate public facilities and does not cause undue traffic congestion or significant deterioration of the environment. RECOMMENDED FINDINGS: 1. This application is consistent with the Land Use Code and the surrounding neighborhood. 2. The applicable review criteria for limited review applications have been met. RECOMMENDED ACTION: Based on the above findings, staff recommends APPROVAL for the limited impact review request to conduct a temporary commercial business (food truck) within the Central Business (C-2) zone district at 129 W. Sackett Avenue with the following conditions: 1. That the applicant provide the City with a current copy of the health inspection approval prior to opening for business. 2. Prior to operating the food truck business the applicant must meet the requirements of the Chaffee County Environmental Health Department and the Salida Fire Department. 3. That the operation of the temporary commercial food truck be open from March 1, 2017 through March 1, 2018 and the applicant must come back in one year for approval if he wants to continue with the temporary commercial activity (food truck) an additional year. 4. That the hours of operation are not to exceed 10:00 pm. RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. BECAUSE THIS APPLICATION IS FOR A LIMITED IMPACT REVIEW, THE SALIDA PLANNING COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE PLANNING COMMISSION MAY BE APPEALED WITHIN 15 DAYS OF THE DECISION BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION OF THE LAND USE CODE. Attachments: Application form Site plan Public Hearing, Item 1, Pg. 4

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15 STAFF REPORT MEETING DATE: February 27, 2017 TO: City of Salida Planning Commission FROM: Beverly J. Kaiser, Community Development Department SUBJECT: Public Hearing: Amendments to the Salida Land Use and Development Code Regarding Short-Term Rentals On February 22, 2017, the draft regulations pertaining to short-term rentals were discussed during a joint work session with the City Council and Planning Commission. Generally the Council was supportive of the draft regulations developed by the Planning Commission with specific comments regarding the need for adequate enforcement of the new regulations. The specific ways the draft regulations address the major concerns expressed about short-term rentals by the community are repeated below under item C for the benefit of the public. Item A below is a list of the specific changes discussed to the draft code sections presented at the February 22 joint work session. Item B is a list of suggestions for revisions to the Chapter 6, Article VI of the Municipal Code pertaining to STR licensing (not under the authority of the Planning Commission). A. Potential revisions to the draft regulations pertaining to short-term rentals discussed at the joint City Council and Planning work session of February 22, The sentence No more than one short term-rental permit is permitted per property owner should not have been removed. The Planning Commission had previously discussed rewording this sentence because properties may be listed under an LLC or a family trust, but did not discuss removing the concept of one STR per owner. However, because only 4 of the 66 licensed short term rentals in the residential zones are not under an individual s name, it was agreed that the sentence should be reinstalled. This has been done. Identification of a responsible person for LLCs or family trusts can be accomplished at the application stage. 2. Now that preliminary results of the dwelling unit count in the four residential zones are complete, the Planning Commission can better evaluate the impact of the 3% maximum of short-term rentals in the residential zones (see Section q. (2) a. of the proposed regulations). The total number of dwelling units eligible as shortterm rentals (i.e. no apartments nor ADUs) in the residential zones is Three percent of this is 58 units. Currently the number of licensed short-term rentals in the residential zones is 66. The draft regulations recommend grandfathering these in. 1

16 There was discussion concerning whether the percentage should be increased, or to stay with the 3% and evaluate after attrition at the end of the year. As STRs convert to long-term rentals, a decrease in the number of STRs with licenses in residential zones will occur. Another contributing factor for attrition discussed may be a result of STRs losing their license due to multiple code violations or complaints. Once a license is revoked, or discontinued, some properties may not be able to qualify due to the distancing requirements of the one STR per street segment. Another recommendation was made to limit the 3% as the maximum per zone. Staff will have the count of the number of dwelling units per zone for the meeting. 3. The current draft states that if a wait list occurs, new permits, once available, will be issued based on the ability of the applicant to comply with the conditions in this section and the licensing requirements in Chapter 6 Article VI of the Municipal Code on a first come first serve basis. The recommendation was made that the selection of a new STR should instead be based on a lottery. This is the technique used in Durango, Colorado (where proportionally far fewer STRs are permitted). 4. Several Planning Commissioners felt that the 270 day maximum per year (see Section q. (2) b.) is far too many days; that this would incentivize second home owners to use their property as a STR rather than a long-term rental. The comment was made that a greater restriction of the number of days a year that a home may be rented as a STR would discourage the number of property owners applying for STR permits and thereby free up more properties under the 3% maximum in residential zones. 5. A suggestion was made that all references to required quiet hours (i.e. 10 pm to 7 am) should be the same and that the wording no outdoor music unless otherwise permitted be added to the required quiet hours. B. Other Recommendations Pertaining to STRs Outside of the Authority of the Planning Commission. Many comments were made by both the City Council and Planning Commission regarding enforcement of the regulations, cost of application fees, and fines for violations. These more specifically fall under the authority of Chapter 6, Article VI of the Municipal Code pertaining to the licensing of STRs. This section is the responsibility of the City Council. However, the Planning Commission can make suggestions that help enforce the regulations under the Land Use Code. The specific suggestions appropriate to Chapter 6 Article VI were: 1. The section needs to be amended to remove the wording regarding an annual business inspection by the Salida Fire Department and replace with reference to the fire inspection checklist and spot checks done by town staff. 2. The application and renewal fees for STRs need to be increased to cover the cost of enforcement of short-term rentals. 2

17 3. A process needs to be created for a three strikes you re out license revocation and/or denial of license renewal for STRs with multiple valid complaints. 4. Enforcement of STRs and tracking properties illegally operating STRs may require either a new staff person or an enforcement company. 5. A look-up system needs to be made available to handle citizen complaints regarding STRs. This should also be made available for the Police Department. 6. Fines collected for STR violations should be earmarked for STR enforcement. 7. STRs that convert to long-term rentals must immediately inform the City so that the license can be released to a new applicant, or reduce the size of the waiting list. C. Issues Addressed by the Draft Regulations Pertaining to Short-term Rentals. The proposed amendments address the major issues concerning short-term rentals expressed at the citizen meetings and the forum held by the Planning Commission in November Yet, at the same time, they clarify that STRs are permitted in most zones with differing regulations depending on whether they fall within residential or commercial zones. The issues and means of resolution are generally described below. 1. Short-term rentals disrupt the neighborhood residential characteristics in residential zones and reduce the availability of housing for long-term rentals. a. The amendments limit the total number of licensed short-term rentals to 3% of all dwelling units in residential zones (R-1, R-2, R-3, and R-4). This limit prevents an overabundance of STRs, creating a party/hotel neighborhood feel, and helps retain some dwelling units for long-term rentals. Yet, as new dwelling units are added to the residential pool, the number of short-term rentals can increase. A preliminary detailed dwelling unit count and field survey is complete. b. A limit of one STR per street segment is included in the draft regulations in the R- 1 and R-2, residential zones. A street segment means a portion of a street that is located between two intersections or between an intersection and the end of a culde-sac or dead end (including homes on both sides of the street). This prevents whole blocks and neighborhoods from becoming STR districts thereby ruining the neighborhood character of the block. c. The attached draft regulations include a prohibition of STRs in apartment buildings for the purpose of reserving the most affordable housing in Salida for long term renters. Currently no STRs are permitted in ADUs. 2. Renters using short-term rentals disrupt the neighborhood character through problems with noise, trash, too many people per rental unit, and parking problems. These negative impacts of STRs are addressed via specific regulations for STRs listed under a new section in the Land Use and Development Code (Section q.). The initial application for a STR can identify the maximum number of permitted renters (which should also be posted in the unit) as well as the parking location and number of available spaces on site for each unit. A uniform posting 3

18 with information and regulations as well as contact numbers has also been developed for all STRs that can be added to every STR unit. This is included in the attachments. 3. Short-term rentals provide unfair competition for hotels and motels paying lodging taxes and fees required of a business. The new business license section in the Salida Municipal Code, already adopted (Chapter 6, Article VI), requires that all short-term rentals, whether in commercial or residential zones, apply for a STR business license with the City, pay all applicable sales tax and lodging tax, and pay Salida occupational lodging taxes. This licensing also enables the City to track the number, location, land use zone, and pattern of complaints for all STRs. 4. STRs are a compatible use in commercial zones and provide an alternative style of lodging for visiting families. The attached draft regulations do not limit the total number of permitted STRs in commercial zones and the mixed-use residential zone (RMU). This is clarified on the amended Table 16D part of the Land Use Code (attached). 5. Un-hosted and unlimited short-term rentals (in terms of both quantity and number of rental days a year) in residential zones create a permanent commercial use in a residential-style structure. The regulations include the requirement that the person on the license be the property owner on the title in the County Assessor s records and that only one STR is permitted per property owner. The license is non-transferable, i.e. if the property is sold, the new owner must apply for a STR license. In the residential zones (R-1, R-2, R-3, and R-4) the maximum total number of days a year that a STR may be rented is 270 days. This permits the use of a second home as a STR for a maximum of nine months thereby preventing the floating hotel permanent commercial use of residential homes. Recommendation Staff recommends that the Planning Commission discuss the potential revisions to the draft regulations listed under A above, hold a public hearing, and make specific recommended changes to the draft regulations. If appropriate, the Planning Commission can recommend that the proposed regulations move forward for City Council adoption. 4

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20 Land Use Code New Definitions Pertaining to Short Term Rentals Apartment building means a building containing three (3) or more separate dwelling units, which may be separated vertically or horizontally, but not including condominiums, commercial lodging, or bed and breakfast inns. Dwelling unit means a building or portion thereof that provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Short Term Rental Unit means a privately owned residential dwelling unit, such as a singlefamily detached unit, duplex, condominium, or townhome that is rented for the purpose of lodging for any period less than thirty (30) consecutive days, not to include accessory dwelling units or an apartment building. Street segment means a portion of a street that is located between two intersections or between an intersection and the end of a cul-de-sac or dead end. Vacation rental means the rental of any dwelling for overnight or vacation lodging for periods of less than thirty (30) days (see short- term rental unit).

21 Draft regulations: Section q. (or a new Section ) Short-term rentals (1) Purpose The purpose of this section to protect the health, safety and welfare of the general public and to ensure that the rental of private dwelling units as short-term rentals does not result in adverse impacts to the quality of residential neighborhoods due to excessive noise, parking congestion, and overcrowding and the availability of dwelling units for long term rentals. a. Registration and licensing requirements 1. All short-term rentals shall comply with Section 6-6Chapter 6 Article VI of the Salida Municipal Code, which establishes the conditions under which a property owner may apply for a short-term rental business license. 2. A separate short-term license is required for each short-term rental property. The permit shall be issued only to the owner of the short-term rental property. No more than one short-term rental permit is permitted per property owner. No more than one short-term rental permit is permitted per property owner. All short-term rental permits shall be granted solely to the applicant at the address for which the permit is issued and shall not be transferable to any other person or legal entity. The owner of the shortterm rental is responsible for compliance with the provisions of this Section and Section 6-6 pertaining to short-term rental licensing. 3. Properties that cannot comply with the criteria set forth in this Section and in Section 6-6Chapter 6 Article VI of the Salida Municipal Code may appeal the decision of the Administrator or his or her designee in conformance with Section of the Land Use and Development Code. 5. Each short-term rental unit shall have a clearly visible notice posted within the unit that includes the following: i. contact information for the property management ii. the City short-term rental business license number iii. contact information for emergencies iv. location of fire extinguishers and fire escape routes v. the maximum number of people in terms of permitted sleeping occupancy vi. the maximum number of persons permitted in the unit at any one time vii. the location for parking vehicles and the maximum number of parked vehicles permitted for the unit viii. alternative parking locations for extra vehicles, trailers and campers ix. requirements for smoking x. method and timing of trash disposal xi. snow removal instructions xii. notice to keep noise to a minimum between 10 pm. and 7 am. xiii. policy regarding pets (2) Conditions and standards a. The maximum number of short-term rentals in the residential zones (R-1, R-2, R-3, and R-4) shall not exceed three (3) percent of the total number of dwelling units eligible as short-term rentals (not including apartment units and accessory dwelling units) in those residential zones. This number shall be based on the survey of dwelling units in the residential zones completed in 2017 with the addition of new dwelling units (with a 1

22 certificate of occupancy) totals each year, added in December. Permitted short-term rentals in existence at the time of the adoption of this section chapter shall be included in the calculation of the maximum number of units allowed. In the event the maximum number has been met, no new applications for short-term rentals will be accepted. If a waiting list for short-term rentals in the residential zones exists, new permits, once available, will be issued based on the ability of the applicant to comply with the conditions in this section and the licensing requirements in Section 6-6 Chapter 6 Article VI of the Municipal Code on a first come first serveice basis. b. In the residential zones (R-1, R-2, R-3, and R-4), short-term rentals shall be rented for no more than 270 calendar days a year. c. A maximum of one short-term rental is permitted per street segment (which includes the dwelling units on both sides of the street) in the R-1 and R-2 residential zones. d. Short-term rentals are not permitted in an apartment building at any time. e. Applicants wishing to rent an individual room (s) on a short-term basis in an owneroccupied dwelling unit shall comply with Table 16-D of the Land Use and Development Code listing for bed and breakfast inns. f. Quiet hours shall be observed between the hours of 10 pm and 7 am. g. No short-term rental shall be operated in such a way as to constitute a nuisance. h. The maximum number of occupants permitted in a short-term rental shall not exceed two persons per bedroom plus two additional renters overall. shall be established at the time of initial unit licensing. The maximum number of additional daytime visitors is six. Events, such as concerts and wedding events, and lawn parties are prohibited. i. Parking for vehicles of short-term rental guests shall be located on the property in the garage, carport or driveway. Overnight on-street parking, if available, is permitted directly in front of and adjacent to the property in the City where overnight parking is permitted. 2

23 N = Not Permitted P = Permitted AC = Administrative Conditional Use C = Conditional Use AR = Administrative Review LR = Limited Impact Review MR = Major Impact Review Residential Uses Accessory buildings and structures. TABLE 16-D Schedule of Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1 P P P P P P P P Multiple principal structures N LR LR LR LR LR LR LR Sec (b) Accessory dwelling units AR AR AR AR AR AR AR AR Sec (c) Duplex dwelling units N P P P P P LR 3 LR 3 Residential (3-4 units) N AR AR AR AR AR AR 3 AR 3 Residential (5-19 units) N LR AR AR LR AR LR 3 LR 3 Residential (20 or more units) N MR MR MR MR MR MR 3 MR 3 Single-family dwelling units P P AR 3 AR 3 AR AR AR 3 AR 3 Single Mobile Home N 3 N 3 N 3 P N 3 N 3 N 3 N 3 Medical marijuana cultivation patient or primary caregiver up to six plants Medical marijuana cultivation patient or primary caregiver more than six plants Mobile home parks One or more dwelling units on the same site as a commercial or industrial use P P P P P P P P Sec (j) N N N N N N LR N N N N LR N N N N N N N N AR AR LR LR Recreational vehicles long term occupancy N N N AR N N AR N Sec (j) Sec (d) Sec (i) Recreational vehicle parks N N N LR N N LR N Sec (e) Rooming or boarding houses 2 N N LR 3 LR 3 LR 3 LR 3 LR 3 N Residential Business Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1 Bed and breakfast inns AR AR AR AR P P P AR Short-term Rental Units AR AR AR AR P P P AR Sec (q)

24 Day care, adult C C C C LR AR AR LR Sec (f) Day care, small AC AC AC AC AC AC AC AC Sec (f) Day care, large C C C C C AC AC C Sec (f) Home occupations P P P P P P P P Sec (g) Home Businesses LR LR LR LR AR P P P Sec (g) Public/Institutional Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1 Bus Stations N N N N N LR LR LR Churches, parish homes and religious education buildings Clubs operated by and for their members AR AR AR AR AR AR AR AR LR LR LR LR LR P P P Community buildings LR LR LR LR LR AR AR N Government administrative facilities and services LR LR LR LR LR AR AR AR Group homes C C C C C N C N Hospitals N N N N MR MR MR MR Nursing homes N MR MR MR MR N MR N Parks AR AR AR AR AR AR AR AR Public parking facilities N N N N LR LR LR LR Recreation facilities C AR AR AR AR AR AR AR Schools LR LR LR LR LR LR LR LR Commercial, Personal Service and Office Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1 Commercial lodging N N N N LR AR AR N Commercial parking lots and garages N N N N LR LR LR LR Drive-in facilities N N N N N LR LR N Sec (l) Drive-in food or beverage facilities Outdoor amusement establishment Eating and drinking establishments N N N N N LR LR N Sec (l) N N N N N N LR LR N LR LR LR P P P LR Medical marijuana centers N N N N N N AR N Sec (k) Retail marijuana store N N N N N N AR N Sec (k)

25 Marijuana cultivation facilities N N N N N N LR LR Sec (p) Professional offices N N N N P P P LR Campground N N N N N N MR MR Retail sales and rental establishments N LR LR LR Temporary commercial activities P P P LR Sec (m) N N N N LR LR AR LR Sec (n) General Services R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1 Automobile sales, service and repairs N N N N N LR P P Gasoline service stations and car washes N N N N N N AR AR Mobile home and recreational vehicle sales and services N N N N N N Veterinary clinics N N N N N LR LR LR Industrial Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1 Light industrial N N N N LR LR AR AR Heavy industrial N N N N N N MR MR Marijuana infused products manufacturing operation (Medical or Retail) N N N N N N N N Medical marijuana optional premises cultivation operation N N N N N N N N Communication facility N N N N N N MR LR Sec (o) Storage yards N N N N N N LR LR Warehouses, enclosed storage and truck terminals N N N N N N LR P Wholesale businesses N N N N N LR LR P Bulk fuel storage facilities and wholesale sales of fuels N N N N N N N LR Junkyards, salvage yards or automobile wrecking yards N N N N N N N MR Notes: 1 The standards referenced herein are in addition to all other applicable standards of this Land Use Code. 2 Provided that State Health Code space and sanitation requirements are met. 3 An existing dwelling can be modified or rebuilt as a matter of right provided it is in conformance with the dimensional standards of Table 16-F. * The allowed use is conditional in the SH 291 Corridor Overlay (291 CO). Refer to Section regarding the SH 291 Corridor (291 CO) District. P P