August 3, 2022 Board of Commissioners Work Session – STR Caps

From: Gail Henrikson ghenrikson@co.clatsop.or.us
Subject: August 3, 2022 Board of Commissioners Work Session – STR Caps
Date: July 28, 2022 at 7:52:03 AM PDT
To: Gail Henrikson ghenrikson@co.clatsop.or.us

Good morning, everyone.

The agenda for the August 3 Board of Commissioners Work Session has been posted on the County’s website. Work Sessions are an opportunity for Board members to discuss issues informally with staff and invited guests. The Board encourages members of the public to attend Work Sessions and listen to the discussion, but there is generally no opportunity for public comment.

Gail Henrikson, AICP, CFM, Director
Clatsop County Community Development
800 Exchange Street, Suite 100
Astoria, OR 97103
503.325.8611 | 503.338.3666 Fax
ghenrikson@co.clatsop.or.us

Board of Commissioners Clatsop County

WORK SESSION AGENDA ITEM SUMMARY August 3, 2022

Proposed Methodology to Establish Limits on Short-Term Rental Units Gail Henrikson, Community Development Director

BACKGROUND AND OVERVIEW

At the June 22 meeting, your Board directed staff to develop a framework, including a process and schedule, for instituting limitations on the number of short-term rentals units within unincorporated Clatsop County. On July 13, 2022, your Board also voted to approve a third extension of the short-term rental moratorium to afford sufficient time for your Board and staff to complete an evaluation of where and at what level limitations should be placed. The moratorium, while currently scheduled to expire on December 24, 2022, could be lifted prior to that date if the Board approves amendments to the Clatsop County Code prior to December 2022.

While the Board did not provide specific direction to staff regarding preferred geographic locations or limitation levels, staff has attempted to identify and utilize best management practices as identified throughout the attached report. It is understood from previous Board direction that tourism is an integral component of the economy of Clatsop County and that quality of life issues should be balanced against property rights and the economic impact of visitors to unincorporated areas. The recommendations provided by staff in Section 9 of the report incorporate many of those ideas and is summarized as follows:

DRAFT RECOMMENDATIONS Moratorium

•   Rescind the short-term rental moratorium for all unincorporated properties east of Highway 101, with the exception of properties within the Arch Cape Rural Community Residential (AC-RCR) zone
•   Retain the moratorium on all unincorporated properties west of Highway 101 and all properties within the AC-RCR zone until all code amendments have been adopted and the appeal periods have endedSTR Limitations – Geographic Location

 Do not apply caps at this time on properties that are east of Highway 101 or that are zoned multi-family or commercial

   

Agenda Item #2.

Page 3

•   Continue to monitor these areas for STR creep or increased complaints
•   Enact limits on all properties within the AC-RCR zone and on all other properties west of Highway 101 that are zoned primarily for single-family residential developmentLevels

•   Restrict the total number of short-term rental units west of Highway 101 and within all of the AC-RCR zone to a maximum of 149. This is the number of currently-licensed short-term rentals in these areas.
•   Establish a 4% cap on short-term rentals by zone. This would apply to all residentially-zoned properties west of Highway 101 and all of the AC-RCR zone. As permits are no longer transferrable under Ordinance 22-03, the number of STRs would be reduced as properties are sold. Permits would be renewed on a first-come, first- served basis. A waiting list would be maintained by County staff.
•   As ownership changes, new permit applications would need to comply with a 100’ separation requirement between the proposed STR and any existing STRsFees and Permit Length

•   Decrease permit length from two years to one year
•   Create a two-tiered permit fee. Owner-occupied homes wouldcontinue to have a $550 annual application fee. Non-owner occupied homes would have a $1,000 annual application fee.Concurrent with this discussion regarding the timeframe and process for establishing limits on the number of short-term rentals, staff wanted to acknowledge the Board’s direction that short-term rental operating standards be reviewed and additional changes considered. The items below note areas where staff would recommend further amendments in order to further address quality of life issues:

•   Restrict hot tub and swimming pool use during quiet hours (10PM- 7AM)
•   Require annual inspections when licenses are renewed
•   Require Code Compliance sign-off on renewals to verify that theproperty does not have any outstanding code violations
•   Prohibit events such as weddings, corporate retreats, rehearsaldinners at STRs
•   Prohibit non-paying day guests of STR renters
•   Require all STRs to be operated within the primary dwelling andprohibit the use of an accessory dwelling unit as an STR
•   Prohibit unattended or unleashed barking pets
•   Allow immediate revocation of an STR permit by the CommunityDevelopment Direct following three cited violations. Revocation can be appealed via the process already established in Sections 5.12.120 and 5.24.060, Clatsop County Code
•   Incorporate additional regulations prohibiting boat; trailer and/or RV parking within public rights-of-way

 

Agenda Item #2.

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 Require a 100’ separation between STRs
These revisions would apply to all short-term rentals including those in

Arch Cape.

PUBLIC PARTICIPATION PROCESS

Following direction provided by the Board on August 3, staff will implement the proposed Community Participation Plan. In order to ensure adequate opportunities for community members to provide input and feedback on the proposed short-term rental cap, staff is proposing the following options:

•   Conduct two virtual public listening sessions. Staff is recommending virtual meetings as many of the property owners in the affected areas west of Highway 101 are not full-time residents and may reside outside of the County or even the state.Dates: Saturday, August 6, 10AM and Wednesday, August 17,6PM
•   Online public comment period. Staff is proposing to work with theClatsop County Public Affairs Officer to post the recommended amendments on the Clatsop County website for a period of 30 days. Written comments could be submitted online, via mail or email and in-person. Comments would then be compiled for Board review on September 21, 2022.
•   The Public Affairs Officer has also recommended the following actions:

o creating a pre-recorded webinar with slides on the STR process and proposed caps

o creating an easily-read infographic for public use
o posting information on all social media sites, including Next Door o placing information in the weekly bulletin
o creating media press releases
o preparing a guest column for the Chair of the Board
o forwarding information to neighborhood and community groups

and homeowners associations

ADOPTION SCHEDULE

The third extension of the short-term rental moratorium that was approved by the Board on July 13 will expire on December 24, 2022. To complete the evaluation, public input and adoption process prior to that deadline, staff is proposing the following schedule:

•   August 3, 2022: Evaluation of proposed methodology and additional direction to staff
•   August 4 – September 5, 2022: Public participation
•   August 24, 2022: Rescind moratorium for areas east of Highway101
•   September 21, 2022: Work session with your Board to present

results of public participation

 

Agenda Item #2.

Page 5

Attachment List

•   October 12 and 26, 2022: Public hearings on adoption ordinance
•   October 26, 2022: Rescind moratorium for areas west of Highway101