> > It ' s a financial investment residential or commercial property acquired for the single factor of becoming an STR.Isn ' t that what STR regulations are expected to protect against financiers scooping up residential or commercial properties and running them as a company instead of supplying homes. It ' s fairly possible that these will certainly were had by these are owned by the very same people or at the very least pair and that these
St ours will certainly go away in the And I ' d be curious to know whether the planning Department has done inquiry into this, considering they ' ve had mine presentation over the last pair of weeks.Now that you recognize the backdrop of the facts of my certain case, let ' s look at the specific factor details policies on the the certain language on the one-thousand distance and why it doesn ' t apply. The law does not claim if you don ' t data by 2020 December 3rd, 2021, you ' re going to shed that Well, that ' s going to be revoked or absolutely nothing.
With that, I will go ahead and close the public right here to the public comment and and go into Planning Payment ' s record and we ' ll start off by reviewing the the statement of objective. I ' m looking to see
if there ' s anyone that ' s would choose Commissioner Cisco 2 weeks. > > It ' s a financial investment building bought for the single factor of ending up being an STR.Isn ' t that what STR regulations are intended to avoid capitalists scooping up buildings and running them as a company rather of supplying homes. It ' s quite feasible that these will were had by these are had by the very same people or at the very least pair and that these
St ours will go away in the And I ' d be curious to recognize whether the planning Department has done inquiry right into this, considering they ' ve had mine presentation over the last couple of weeks.Now that you comprehend the backdrop of the realities of my specific situation, let ' s look at the specific factor specific regulations on the the particular language on the one-thousand radius and why it doesn ' t apply. The legislation does not say if you wear ' t file by 2020 December 3rd, 2021, you ' re going to shed that Well, that ' s going to be revoked or absolutely nothing.Number 3 is what it used to say, which is what the preparation department just priced quote to but because area is associating with a new driver.
And I'' m not I put on ' t fit the definition of a new driver. My residential or commercial property so third, implied in the Preparation Division'' s decision choice is that I am no longer an operator and good standing. It was recognized by the city that anybody had a building right to utilize their residential property as an STR prior to the implementation of the sdr ordinance and the city recognized that I was a driver in good standing. This amounts to a residential property? That was extracted from me without the correct process during the permitting procedure. I was never provided the possibility to be heard our state. My instance. If I were provided the chance like I am currently, I would certainly clarify to them every one of the truths that I have currently informed you around.
2, 2, 2, 0, complimentary. My building. I would certainly mention all of the imperfections connected to the 2, 2, 2, 0 free, my building. That does not justify that building having a license over me. It is just not fair and it entirely opposes the plans and the purpose of STR seriousness ordinance. This situation stands for kind over substance, an overreach of. Local authorities to blindly apply laws. Over any kind of compound whatsoever. The owner of 2, 2, 2, 0, Fremont appears may owe even more than one residential property which is not allowed under the brand-new regulation. I would certainly have asked the planning division to figure that out. 2, 2, 2, is not compliant with other laws that are in the ordinance.If you most likely to.
Pairs next off, lime. So touched that the owners can do greater than one. The following line. We are. So right here'' s a photo of their building from Airbnb. And if you consider their their fire pit rules that you all just up held 2 weeks Their non compliant that that umbrella is not 10 feet away. There the fire pit is next to combustible not allowed to be within 10 feet of combustible plants, consisting of yet not restricted to bark and their chairs are constructed out of tree stumps. And you can'' t beat em be with looming trees below they have an overhanging they additionally should be fire pits should also have 12 inches high of complete, totally enclosing the fire container, which they do not have. Next slide. This listing is additionally an non certified with outdoor illumination, all exterior illumination Shelby properly protected from adjacent homes to decrease light air pollution. As you can see, these slides are solid, incredibly high and can be seen from residential or commercial properties. This their noncompliance here put on'' t recognize the department ' s done anything concerning that. And afterwards the fourth factor next Even if the 1000 foot rule might conceivably apply right here, it needs to not be enforced due to the fact that it is arbitrary and it is not an arrowhead directly customized to progress the plans that caused the implementation of the sdr seriousness ordinance.We can all agree that the preparation department does not have unconfined discretion to pass an emergency light laws without oversight and correct treatments. We understand this law was established without And without the authorization of the Division of the payment. When you make use of an emergency power, the planning department must show that there are some can grew in sea between the options that they ' ve made and the policies that they are trying to advancement. This is entirely missing. In my case, we recognize this case is this regulation is arbitrary and not directly tailored. To the plans due to the fact that what can 1000 feet do? Throughout 2 freeways? What can not accomplish? 900 number, 850 feet can accomplish. I suggest, we ' re actually is it 3 football areas away or 2 and a half football areas away? I mean, it ' s entirely arbitrary. ordinance was passed passed to react to a housing lack. Okay. That ' s not breakthrough by the 1000 foot guideline in my instance because I currently possess my residential property and was allowed to STR.It ' s expected to maintain individuals from acquiring and scooping up properties off
the market, which is specifically what, 2, 2, 2, 0 Fremont Drive did. They are compensated with an irreversible. The St are advised stay virgins. The regulation is to stop noise. Okay. Well, the regulation has silent hours and the peaceful hours need to observed and obviate the requirement for properties to be a whole 1000 feet away from each various other. And why 1000 feet, it seems plucked out of slim air. My property is an entirely different areas divided by a major highway from 2 to 2, 0 complimentary mind. hair has no effect whatsoever on anything that goes on in their community. It makes no feeling to impose this case and this rule. And as members of the payment, you have the authority to overrule the preparation and some I send to you that you need to not apply the 1000 foot radius guideline under the STR urgency ordinance to my application.Thank you. Thank you by there. Any type of concerns of the appellant at this time? > > So with that, I will certainly go ahead and open the general public comment duration on this product.
Are there persons present that want to make a public remark? >> If so, please step to the podium, then state your name for the record. You will have 3 minutes if you want to make a remark through zoom, please raise your hand. If you ' re dialing in through telephone. As soon as called upon, please dial celebrity 9 to raise your hand and and star 6 to Unmute. Not seeing any person going to the podium. Exists any person zoom? > > Eric Frazier.I ' m going to send you a primetime on your own. Please state your name for the document. > > Hi, great mid-day.
Chair commissioners. This is Eric Frazier. > > My address is truth in tourist at 2 now populate com. Carey did a wonderful job of presenting in defense of her own individual residential or commercial property >>. The DEA realities that originated from such a breakout. Prohibited and liable. Necessity statute. As I stated in my remarks, this I think has a sound. Second time, the commissions, Curtis, substantive discussion regarding temporary services. That ' s genuinely regrettable since it was totally have lure. As some type of ski. My gas, I put on ' t recognize as a researcher that simply desire check out'realities. I ' m caught up all kind of intrigue over what the implications are giving affordable benefit or yet from quite frankly, I obtained into this disagreement due to the fact that I'was concerned regarding rooms that information. I ' m just sitting still and then the fires head and I saw just how important it was to activate a brand-new spaces. And these reserving systems were terrific means for people to obtain involved in that for a range of different reasons.Mostly as a result of the wide variety of 2nd homes, yet additionally since the way of lives of individuals result in all types of various kinds of. Living situations where they ' re right here in the area for duration and afterwards they ' re out of town and so on. And so much individuals building proprietors have a right to control their home. And Kerry did a fantastic task of offering the realities. however, she also had to assault one more property. Whatever. And looking at the advertisements for that home absolutely are problematic. There is a you recognize, anti STR or complaint process and really prepared code enforcement staff.The use up the fight cutting edge of the and the war versus us. He ours. And so it definitely would be than that if there was anything important to the problems against Kerry ' s property, that they would
settle them. Administrative citation and they didn ' t. So the listing of that certainly biased and simply type of highlights the last that team will go to the getaway. The concerns regarding us our area. At the end of the day, though, we understand that running STRs that'are not held that are doing it professionally full time less than one-third of one percent of our real estate stock. It ' s demonstrated where St sure in personally com positive financial variables. Some community. For all those factors and even more you need to Krampus a the right to have her application. You should refund the $6400 that she was started in order to engage this process, which should be a public hearing. I feel we should give her an apology that some kind of weird.It ' s your fault that the city council blinded by ideology acting upon their own part politically and acted on all our building proprietors in Santa Rosa, this half a system of St necessity ordinance. Thanks significantly. > > Thank you there. Any kind of other. Comment using zoom? 2
weeks? There are no various other hands increased. Thanks. > > So keeping that, I will certainly shut the public comment to bring it back to the commission. > > You have any type of inquiries prior to I asked someone to check out the resolution. Commissioner states go, I >> do. I wish to team and maybe Miss Crocker. What were the notifications provided to win? urgency> regulation was placed out and when it the one > > this applicant was intended to make an application for what kind >> of notices were provided since she offer counting on that. It was performed in the silent fashion. > > So if you could describe, how are all of the STR operators if they were alerted? Thank Commissioner Cisco for that inquiry. > > mosting likely to >> count on some various other in our office that worked with this.A short-term rental The method I recognize it is that a letter was sent out to all proprietors that were paying T O T after the ordinance was >> passed to let them know that they need to apply and they ' re likewise notifications that were put in the press Democrat. >> Okay. And what sort of alert, if any kind of existed if they >
> failed to apply by this particular day that kicked them out of driver in excellent. Towering above to brand-new operator. Some description as to. How they made it and made'familiar with that. And can you just one moment right here? > > So what I ' m what I ' m hearing is it was just information that was supplied in the regulation is what the notification And there wasn ' t anything else. Moment. The letter offered the info and a web link to the statute itself. all that info was an so the statute is available by Lincoln additionally was released in the. > > That is proper. In journalism Democrat the other day. And possibly these are for you. croc or we ' ve obtained a great deal of sort of lawful property is that the appellant like what would certainly constitute silence and hearing just how the notifications were made.Kind of what ' s your take on the silence? And additionally there assertion made >> that the city is developing a taking of this person ' s property. offer us some background on that particular. The first one was silence. I > > Would certainly insist that be one specifically states that you will send application to be a driver in great standing
. I think that. Covering is And so you should do it in the time was missed out on. In this circumstances. Pertaining to. there is actually very current and appropriate case legislation on on that particular very problem. And the> Court of Appeals have held that. The residential or commercial property proprietors just have a vested right to operate their residential or commercial property as a temporary leasing. And that temporary rental restrictions, consisting of total bans, are do not constitute taking since they duly property proprietors with a number of economically feasible uses of their land. The court went on to claim points like they can remain to reside in their homes, lease their homes for even more than 30 days or offer their homes.In one that happened, Pacific Grove, the court claimed that being invasion into the residential property owners bundle of possession civil liberties was very little and far surpassed by the public interest in boosting and preserving residential personality. So there have actually been a variety of cases resolving due procedure
in yields all related to. The passing away. A temporary rental statutes. In this and I think we have to take a step back also which there. This isn ' t a hearing to. Withdraw any type of license. There was no permit actually issued. So in a number of these cases, you understand, they actually also we ' re going even more where a license was provided and then subsequently is city enacted a lotto game or a restriction or is taking permit civil liberties? And even that was upheld and no constitutional offenses in those cases.But below I simply wanted to be clear that there was no license provided. There was no operator in good standing permit status released what'the city had actually claimed. It is those that are operating. can continue to run. Well, they got their materials together to submit the application honor before December. 3rd, when that application is not sent
, after that they are not granted any authorization, if you will. This is just a denial of an authorization application.This is not a cancellation. Did they age Thank you. And our role tonight is just to identify if that application for the license was submitted based on. > > Specific statute is and not in in any kind of a duty of evaluating what might have been a better operator, then you understand, that that ' s not truly what we ' re regarding tonight. That ' s > > And in and a few of the
remarks regarding whether or not the 1000 foot rule. Is would be something that would appropriately raised in the competitions. The ordinance itself and I did likewise want to clarify of the remarks we ' ve heard this previously, yet pointing to the fact that the urgency ordinance is somehow a temporary regulation or not an actual regulation in and that the proposed amendments that you all elected on. A juror previous meeting will be the actual long-term ordinance. necessity regulation is the city ' s statute. It was established under emergency situation actions which is loss under different state legislation. It ' s not a short-lived regulation and the suggested changes that you elected on and are forwarded to the city council.They will certainly hear it on June 6. Those are just proposed amendments to the existing. ordinance and, you recognize, I ' m the council may or might stagnate forward with regulation as changes as you all sent out up to them. They may make various other adjustments. We wear ' t recognize. The legislation in result right currently is the current regulation that was adopted by'necessity measures and was consequently additionally changed. I simply wanted to make clear that there ' s no temporary. Statute Thank you. Any type of other inquiries. Commissioner Duncan? > > when and if the council acts on what we ' ve placed it on meeting, if they transform it at all and make it extra lenient strike a few of the provisions. There ' s absolutely nothing to prohibit. Ms Ritchie from requesting a brand-new permit. Correct? And or if somebody in examines the 2, 2, 2, 0 cost-free drive building and determines that that they they are not in compliance with the ordinance of no person. Individual person hold, you know.Owning your house and using it is not organized service >> that she can still. Fly for under a brand-new operator. For permit. Is that correct? > > Yes, the only caveat to that is due to the fact that the existing statute has a cap of 198 for non held the short term leasings within the city. The city is presently not accepting new applications for non organized. If the payment votes tonight to maintain the denial and their permit is denied at this time, the city would not be able to approve a brand-new application. If commissioners to me, if the council makes a change to that or the city sees a decrease in the number of non hosted temporary leasings from one factor or another. And there is an opening of non hosted permits in the city will have a procedure for resuming out brand-new applications for non hosted and afterwards yes, she would able to use during that time. Any type of other inquiry, Commissioner Sanders? > > I think as an explanation, she would be able to apply yet not as an operator in excellent standing.That is proper. Can you clarify? Speaking of driver in great standing. There ' s a couple of days in below that are sort of fascinating. And just for my clarity. Operating good. Sam, reading from the tax price in the setup is specified as a short-term rental driver registered on or before October. 27th. To pay the city ' s TRT BIA. goes on to additionally for those that were not signed up for TRT NBI says prior to October 7.21. Can you describe the relevance of those 2 dates? >> > > Yes, thank you for that question. Commissioner. the October 7th to 2021.
Day 2 was the day that our profits offered personnel with a checklist of existing temporary rental owners that are already paying T OT and BIA before the council ' s activity in October on existing ordinance that we have today. At that the council desired to offer that had actually been however didn ' t recognize that they needed to register for T Otn BIA.Some additional time to do that in order to be able to take benefit of this. Therefore they included a two-week period for those
drivers to sign up, which is that October 27th date? >> > > Give thanks to And afterwards a little additional down. It says the around operators in great standing shall submit a short-term rental permit application for existing short-term rentals, a business by the short-term rental authorization application charge to'the preparation and economic growth within 51 days. The reliable day of the regulation ordered chapter the 51 days'. was that stand for. Really brief duration.
What is > > So not 100%certain where the 51 days specifically originated from. However he was component of the council ' s they wanted to supply time individuals that had been and, you know, met that meaning of driver> in great standing to obtain an application in in order to preserve that. And songs and a reduced off day when then we would look onward candidates afterwards time would then require to adhere to the continuous the 1000 foot focus that the council placed right into place.Any other concerns. > > So with that, if somebody would certainly review the resolution, commissioner go applauding. Henry does Aleutian, yet I wish to take it was team regarding >> making some planner be slow will certainly review. The recommended changes to the resolution. Okay. Great. Thank you. > > Yes, you ' ll see in the whereas declarations the original resolution stated the Preparation Payment held a do we notice public this was a public meeting and it was not noticed. And once again, all remarks made at the public hearing. It ' s it ' s a public conference. So those revisions have been included and that is the resolution before you. And so just to be for the record, so on the draft resolution that you have before you. It ' s third, whereas from all-time low on page one. And so we wish to strike the word. > > Appropriately discovered in that I ' m searching for and also right change hearing with meeting. And afterwards the following change that we ' re hearing >> with conference. > > Simply in those 2 areas. That ' s correct. We put on ' t demand to reference.It was held as a report item when they ' re simply stating that it ' s it was a public meeting. That ' s appropriate. Okay. Okay. with action resolution of the preparation Payment of the city of Santa Rosa denying an allure and promoting the choice of the planning and financial advancement. Supervisor to deny a non organized short-term rental'authorization located at 6, 2, 4, 1, bridge would certainly drive. The parcel number 1, 8, 2 Dashboard, 0, 6, 0, >> Dash, 0, 3, 3, Well, number are 2, 2, 2, 2, 0, 3rd, whereas Dow, we need to strike that it was an appropriately seen a public hearing and replace> hearing with meeting. in a similar way. Wherever the next one oh, yeah.
The next one All comments made at the public meeting. With those changes. And means for the analysis of the text'. Thanks. It ' s their second. > > Thank you. That was moved by Commissioner Cisco, seconded by Commissioner Holton. And we ' ll go on and start Commissioner Dugan. I can recognize both both sides of this and > > it ' s an actual difficult call.But I do think that she that mistress, he was provided as a lot. Notification as anyone else had been an operator in great standing before that date and did > > use in time and obtained bumped out. I ' m going to vote to uphold the charm. > > Thank Commissioner rejected the charm. Sorry. > > Say Thanks To Commissioner Carter. > > Yeah, I ' m feeling similarly commissioner dug in I do think >> that the appellant had correct notice. We do utilize obstacles all the time and our zoning'codes and we use them by similar criterion. So I don ' t and I put on ' t see any type of >> exceptions in either the existing
ordinance or the proposed ordinance to the 1000 foot rule.And I believe it ' s a defined in the the Texas both regulations. And for those reasons, I will certainly support the denial.> > > Say Thanks To Commissioner Sanders. > > Yeah, this is difficult no one wishes to say no, you recognize >>, I imply. Currently we ' re yet I ' m kind of advised >> of when had a the short ordinance on the'27th and somebody was in the gallery and they were claiming that they, you understand, understand why they were thought about a non hosted temporary service when they lived appropriate next door. And they, you understand, they ' re suggest was'I can hear whatever that goes on.But, you understand, at a particular factor, you ' ve obtained to attract a line of difference since the the example works out, the next person will I live right behind them? I live just a block away. I only live so had mentioned that to >> claim that, you know, these belong to the growing pains of attempting to put verge on'something that had no order whatsoever. And it it ' s unfavorable that somebody that has been operating, you understand, your temporary rental feeling May of 2019. But there existed was time, you understand, there were alerts that wasn ' t done in silence and it ' s just part of those expanding pains in it pains me to have say that I will certainly holding the denial, yet you need to, you recognize, when putting form. You know, occasionally it harms. So I ' m sorry to claim. Commissioner Holton. I think that actually the my other commissioners basically my stance is well, and, you know, I believe that ample. > > Notification was regrettably, somebody else happened to enter. 6 days before you. Which ' s extremely unfavorable. And regarding their situation and what they ' re currently, exactly how they ' re currently running I comprehend your concern. I actually do.
And I think Commissioner Doug and hit it precisely the head in that that'' s not actually in our purview.And that ' s not actually what we ' re here to discuss. That ' s essentially looking at the STR itself. With that being stated, I as well, will likewise be and support denying this appeal.
And I'' m not I put on ' t fit the definition of a brand-new driver. > > So what I ' m what I ' m hearing is it was simply info that was given in the regulation is what the notification And there wasn ' t anything else. We wear ' t demand to reference.It was held as a record product when they ' re simply claiming that it ' s it was a public conference. There was there was time, you understand, there were alerts that wasn ' t done in silence and it ' s simply component of those expanding discomforts in it discomforts me to have say that I will certainly holding the denial, yet you have to, you recognize, when placing type. And I think Commissioner Doug and hit it right on the head in that that'' s not really in our purview.And that ' s not actually what we ' re here to review.I put on'' t truly have much to say other than I ' ll be sustaining > > resolution. Commissioner states > > I ' m hearing that we ' re in the procedure of establishing maps indicate where the reduced vehicle traveling areas are. And it ' s it ' s rather close as we contrasted the maps.
I'' m so honored.Team is Nancy She ' s a new elderly planner and her team that serving and a minimal term setting. We ' re truly delighted to have her on the group her focus is actually I ' m working on a whole lot of our real estate regulations. We ' ve made a whole lot of progress, however there ' s a whole lot more work to do. Commissioner says > > I ' m hearing that we ' re in the process of establishing maps show where the reduced car travel areas are. And it ' s it ' s rather close as we compared the maps.> > So if I ' m a designer, I I would certainly have it conveniently obtainable but not cemented right into code or the basic strategy. > > If there ' s any person in participation who who wants to make a public remark, please go to one of the platforms. I'' ll second That was moved >> > > Commissioner Holton seconded by Commissioner Cisco.
> > So if I ' m a designer, I I would certainly have it quickly accessible but not cemented right into code or the general plan. > > If there ' s any person in presence who that wishes to make a public remark, please go to one of the podiums. > > And areas 2036 Dash, 0, 4, 0, 20 dash, 50. I'' ll 2nd That was relocated >> > > Commissioner Holton seconded by Commissioner Cisco. > > That that is really great.