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HomeMy WebLinkAbout11/12/2013minutes ' city of san Luis osispo SPECIAL MEETING OF THE CITY COUNCIL Tuesday, November 12, 2013 Special Meeting — 6:30 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 12, 2013 at 6:00 p.m. in the City Council Conference Room, located at 990 Palm Street, San Luis Obispo, California, by Vice Mayor Smith. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith ' Council Member Absent: Mayor Jan Marx City Staff Present: Michael Codron, Acting City Manager, Christine Dietrick, City Attorney, and Anthony Mejia, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Carpenter led the Pledge of Allegiance. MOMENT OF SILENCE Vice Mayor Smith called for a moment of silence for those impacted by the tragedies in the Philippines. City Council Meeting Minutes — November 12, 2013 Page 2 PUBLIC COMMENT Rebecca Keisler, San Luis Obispo, requested that Council agendize the Cal Poly student housing project; voiced objection to the proposed student housing project, citing impacts to parking, fire and police protection, noise, view shed, and proximity to neighborhoods. Community Development Director Johnson advised that Cal Poly has issued a notice of preparation for a student housing project; noted that the City submitted comprehensive comments on issues to be analyzed in the Environmental Impact Report (EIR); stated that upon release of the draft EIR or subsequent phases of the project, it would be appropriate for the University to make a presentation to the Council. Karen Hale, San Luis Obispo, voiced concern that the City released a report of alleged rental violations against her; stated that the complainant was false and defamatory; asserted that the City has an obligation to ensure that such claims are substantiated prior to releasing said information. City Attorney Dietrick advised that the Public Records Act requires that the City release such information when requested; noting that the City has an obligation to redact complainant information. Justin Wellner, representing Cal Poly, advised that Cal Poly will be hosting a community forum on the proposed student housing project on December 2, 2013 at 6:00 p.m. in the , University Union; noted that the draft EIR is expected to be released in mid - November; encouraged Council and the community to provide input of the proposed project. Steve Barasch, San Luis Obispo, voiced concern relative to the maintenance of creeks and open space areas, urging that the City take appropriate actions to prevent flooding. --end of public comments— STUDY SESSION ITEMS SS1. REVIEW EXISTING REGULATIONS PROHIBITING VACATION RENTALS IN THE CITY Vice Mayor Smith read an email from the Mayor Marx requesting that Council receive testimony from the public, but continue Council deliberations on the matter to a future date, due to her recovering from surgery. Council agreed that it would be appropriate to receive public testimony and to deliberate the matter, understanding that if they become deadlocked it would be necessary to continue the matter to a future meeting. City Council Meeting Minutes — November 12, 2013 Page 3 Community Development Director Johnson, Community Development Deputy ' Director Davidson, and Chief Building Official Lease presented a PowerPoint presentation entitled "Vacation Rentals — Council Study Session" and responded to Council inquiries. John Seman, representing SLO Hosts, suggested that the concepts of homestays and vacation rentals be segregated; urged Council to amend the code to allow homestay operations; stated that homestay hosts are willing to obtain business licenses and pay taxes; expressed support for suspending enforcement of the existing code and granting amnesty for unpaid taxes. Jeff Eidelman, San Luis Obispo, voiced support for amending the code to allow homestays, pointing out that he has operated a homestay for over 30 years. Michael Sheffer, San Luis Obispo, opined that homestays have minimal impacts on long term rental inventory; urged Council approval of allowing homestays. Chris Knauer, San Luis Obispo, spoke on his experiences as a guest of homestays and encouraged Council approval of allowing homestays. Allan Cooper, San Luis Obispo, stated that his neighbor has a homestay which has not impacted his neighborhood; suggested that new tax revenues be designated for additional police services in the city's core area; conveyed support ' for eliminating the ban on short term rentals, citing that it provides supplemental income to retirees. Scott Potter, San Luis Obispo, voiced support of allowing homestays, citing his past experiences as a guest in homestays. David Mena, San Luis Obispo, expressed support for allowing homestays and suspending enforcement of the prohibition; related his experiences as a homestay guest while traveling for work. Peggy Thaver, San Luis Obispo, spoke on the potential tax revenues generated by short term rentals. Catherine Doyle, San Luis Obispo, questioned the rationale that SLO Host should pay the fees associated with text amendments to the Zoning Code. Pat Harris, San Luis Obispo, voiced support for allowing homestays and urged Council to suspend enforcement of the existing Code. Anne Cruikshanks, San Luis Obispo, spoke on the importance of allowing retirees to generate supplemental income through homestays. 1 City Council Meeting Minutes — November 12, 2013 Page 4 Jaime Walker, San Luis Obispo, urged Council to pass reasonable regulations to allow short term rentals and submitted a petition entitled SLO Hosts Welcome. A 1 hard copy of the petition is on file with the City Clerk. Barbara Radovich, San Luis Obispo, voiced support of allowing homestays; spoke on the shortage of long term rentals, opining that short term rentals will have minimal impacts. Rosh Wright, San Luis Obispo, opined that the majority of residents support short term rentals and urged Council approval. Odile Avral, representing Residents for Quality Neighborhoods (RQN), voiced concern that regulations for short term rentals would be unenforceable; opined that commercial enterprises are not appropriate for residential neighborhoods; urged Council to retain the prohibition on vacation rentals. Pete Evans, San Luis Obispo, voiced objection to the existing ban on vacation rentals; asserted that recent complains on homestays are unfounded. Jim Culver, San Luis Obispo, opined that homestays do not impact public safety. Steve Barasch, San Luis Obispo, spoke on the difficulty of enforcing regulations on short term rentals; suggested the implementation of a limit use permit program. Bart Todham, San Luis Obispo, voiced support for allowing homestays, while maintaining a prohibition on vacation rentals. Charlene Rosales, representing the Chamber of Commerce, spoke on the importance of balancing the economic value of homestays and the concerns of residents; noted that the Chamber frequently receives inquiries related to homestays. Carolyn Smith, San Luis Obispo, stated that residents do not expect hotel -like businesses to be located in residential neighborhoods; opined that such activities disturb the quiet enjoyment of private residences; cautioned Council on removing bans on short term rentals. Bob Shanbrom, San Luis Obispo, asserted that allowing short term rentals in residential neighborhoods equates to a taking of property interests; opined that allowing short term rentals would negatively impact neighborhood security and workforce housing. Gordon Mullin, San Luis Obispo, noted that owners and guests of homestays are rated and such information is shared online; pointed out that current regulations I allow property owners to rent to up to four university students. City Council Meeting Minutes — November 12, 2013 Page 5 John Aspinall, Costa Rica, urged Council to allow vacation rentals; noted that he resides in Costa Rica and owns a home in San Luis Obispo, which he would like to use as a vacation rental. Gordon Edmonds, San Luis Obispo, conveyed support for allowing homestays; opined that bed and breakfasts are overly regulated and encouraged Council to re- examine all types of rentals. Sandra Rowley, representing RQN, opined that homestay guests negatively impact the quality of neighborhoods; asserted that economic benefits to property owners and the City are at the expense of residents; requested that Council continue the matter to allow RQN to further evaluate the matter. MEETING RECESSED AND RECONVENED Council recessed at 8:07 p.m. and reconvened at 8:22 p.m. with all members present, with the exception of Mayor Marx.. Following discussion, Council provided direction to staff to temporarily suspend enforcement of the vacation rental prohibition, process the text amendment in a streamlined process, explore options related to implementing a permit process for homestays in the R1 Zone, implement methods of collecting Transient Occupancy Tax (TOT), provide amnesty for unpaid TOT, and evaluate secondary ' dwelling units in relation to the proposed ordinance. Motion by Council Member Ashbaugh, Second by Council Member Carpenter, Carried 4 -0, to temporarily suspend enforcement of the entire vacation rental prohibition, pending addition of an ordinance for homestays. Motion by Council Member Ashbaugh, Second by Council Member Christianson, Carried 3 -1 (Council Member Carpenter Voting No), to direct staff to return with a draft ordinance to allow owner occupied homestays at the earliest possible time and to address funding for the text amendment at the mid - year budget review. Council Member Carpenter noted for the record that he voted no because the motion does not address allowing non -owner occupied (vacation rentals). City Attorney Dietrick advised that staff may return to Council to address the matter of issuing business licenses and collecting TOT prospectively. L City Council Meeting Minutes — November 12, 2013 Page 6 1131. CITYWIDE HISTORIC CONTEXT STATEMENT - RESOLUTION Community Development Director Johnson, Senior Planner Dunsmore, Christine 1 Lazzaretto, of Historic Design Group, narrated a PowerPoint presentation entitled "Citywide Historic Context Statement" and responded to Council inquiries. Following discussion, Motion by Council Member Carpenter, Second by Council Member Christianson, Carried 4-0, to: 1) adopt Resolution No. 10474 (2013 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the citywide Historic Context Statement'; and 2) find that the project is exempt from California Environmental Quality Act (CEQA) in accordance with Public Resources Code 15306. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: None. Communications: None. There being no further business to come before the City Council, adjourned the meeting at 9:40 p.m. /% #,ntfiony r Mejia, MC City Cler APPROVED BY COUNCIL: 12/3/13 1