city of coos bay planning commission meeting
TRANSCRIPT
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday October 12 2021 - 600 PM
City Council Chambers - 500 Central AveCoos Bay Oregon
1 LIVE VIDEO LINK
a YouTube Live Stream Link
2 CALL TO ORDER
3 ADOPTION OF MINUTES
a Planning Commission Minutes of August 10 2021 and September 142021
4 PUBLIC HEARING
ITEM A Coos Bay Municipal Code (CBMC) Title 17 - Amendment Section17370 ndash Vacation Rentals
5 COMMISSION COMMENTS
6 STAFF COMMENTS
7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION
8 ADJOURNMENT
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 1a
PROJECT NUMBER
ADDRESS
APPLICANTAPPLICANT REPRESENTATIVEFROM
APPROVED BY
SUBJECT
YouTube Live Stream Link
RECOMMENDATIONMOTION
BACKGROUND AND SUMMARY
ISSUES
ATTACHMENTSDescr ipt ion
No Attachments Available
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 3a
PROJECT NUMBER
ADDRESS
APPLICANTAPPLICANT REPRESENTATIVEFROM
APPROVED BY
SUBJECT
RECOMMENDATIONMOTION
BACKGROUND AND SUMMARY
ISSUES
ATTACHMENTSDescr ipt ion
August 10 2021 MinutesSeptember 14 2021 Minutes - Amended
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday August 10 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon 1 LIVE VIDEO LINK
a YouTube Live Stream Link 2 CALL TO ORDER The Planning Commission Tuesday August 10 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 600 PM Attendance Commissioners Bill Davis Patrick Terry Jim Berg and Jeff Marineau (arriving at 615) Staff Carolyn Johnson and Jim Hossley Signed-in Guest None Note A consensus was made by Commissioners Davis Terry and Berg to discuss the items on the agenda without a quorum 3 ADOPTION OF MINUTES
a Planning Commission Minutes of June 8 2021 Commissioner Berg moved to approve the June 8 2021 Planning Commission Minutes Commissioner Marineau seconded the motion which carried Ayes Terry Marineau Berg Davis Commissioner Marineau would like clarification at the next meeting in regards to his voting for item a PC review of Empire Urban Renewal Plan Amendment at the June 8 2021 meeting He thought he voted no
4 PUBLIC HEARING
ITEM A CBMC Title 17 Development Code Amendments Regarding Marijuana Regulations
Vice-Chair Berg opened the public hearing for discussion only Ms Johnson gave a brief overview of the purpose of the discussion being based on three things one the distance between marijuana businesses two the distance between residential uses and three how the code reads today and meeting those requirements A discussion ensued
Commissioner Jim Berg Commented
bull If we do not regulate the distance between liquor stores why do we need to regulate the distance between marijuana stores
bull These are just like any other business if you donrsquot use them then you donrsquot pay attention to the locations It would just be another type to manage within the City
bull The goal is to promote businesses in the downtown area and it would be difficult to have these businesses in these locations with apartments
Commissioner Bill Davis Commented bull Recommended keeping some distance so that the market does not
become saturated between businesses bull That the residential buffer needs to be removed entirely as that does
not allow for as an example an apartment to be located on top of this type of business
Commissioner Jeff Marineau Commented (arriving at 615 pm) bull In most cases these businesses have upgraded buildings that are
falling apart and made them look better for the community as a net positive
Commissioner Patrick Terry Commented bull Would still like to have some distance restrictions in residential zones
for ease of access
The consensus between the three Commissioners present was the current 1000 foot buffer between residential zones should be removed however still maintaining some distance between these zones and other businesses as to not saturate the market It was also noted by Ms Johnson that the following be corrected in the current regulations
bull The reference just in the industrial and commercial zone for the location of a marijuana business is incorrect The correction needs to be you can have a marijuana business in retail commercial areas Marijuana indoor grows and processing businesses are also allowed however the City does not allow any outdoor grows
The consensus between all Commissioners was to use the OAR definitions to define items that needed definition
5 CCIPUBLIC COMMENTS ndash None Provided 6 WORKSHOP
a Planning Commission workshop regarding ldquoSingle-Room Occupancyrdquo regulations (SRO)
Ms Johnson gave a brief overview of the definition of a SRO and explained that currently no standards have been adopted to regulate the operation of a SRO The purpose of the workshop is to discuss whether or not the Planning Commission would like to make a recommendation to the Council about regulating SRO standards Discussion ensued Each Commissioner posed the same question about why the City would need to regulate private homes renting individual rooms The consensus was that further regulation of this process was not necessary
7 COMMISSIONER COMMENTS - None 6 STAFF COMMENTS ndash None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Calendar for Planning Commission Meetings was stated 8 ADJOURNMENT at 714 pm
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 1a
PROJECT NUMBER
ADDRESS
APPLICANTAPPLICANT REPRESENTATIVEFROM
APPROVED BY
SUBJECT
YouTube Live Stream Link
RECOMMENDATIONMOTION
BACKGROUND AND SUMMARY
ISSUES
ATTACHMENTSDescr ipt ion
No Attachments Available
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 3a
PROJECT NUMBER
ADDRESS
APPLICANTAPPLICANT REPRESENTATIVEFROM
APPROVED BY
SUBJECT
RECOMMENDATIONMOTION
BACKGROUND AND SUMMARY
ISSUES
ATTACHMENTSDescr ipt ion
August 10 2021 MinutesSeptember 14 2021 Minutes - Amended
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday August 10 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon 1 LIVE VIDEO LINK
a YouTube Live Stream Link 2 CALL TO ORDER The Planning Commission Tuesday August 10 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 600 PM Attendance Commissioners Bill Davis Patrick Terry Jim Berg and Jeff Marineau (arriving at 615) Staff Carolyn Johnson and Jim Hossley Signed-in Guest None Note A consensus was made by Commissioners Davis Terry and Berg to discuss the items on the agenda without a quorum 3 ADOPTION OF MINUTES
a Planning Commission Minutes of June 8 2021 Commissioner Berg moved to approve the June 8 2021 Planning Commission Minutes Commissioner Marineau seconded the motion which carried Ayes Terry Marineau Berg Davis Commissioner Marineau would like clarification at the next meeting in regards to his voting for item a PC review of Empire Urban Renewal Plan Amendment at the June 8 2021 meeting He thought he voted no
4 PUBLIC HEARING
ITEM A CBMC Title 17 Development Code Amendments Regarding Marijuana Regulations
Vice-Chair Berg opened the public hearing for discussion only Ms Johnson gave a brief overview of the purpose of the discussion being based on three things one the distance between marijuana businesses two the distance between residential uses and three how the code reads today and meeting those requirements A discussion ensued
Commissioner Jim Berg Commented
bull If we do not regulate the distance between liquor stores why do we need to regulate the distance between marijuana stores
bull These are just like any other business if you donrsquot use them then you donrsquot pay attention to the locations It would just be another type to manage within the City
bull The goal is to promote businesses in the downtown area and it would be difficult to have these businesses in these locations with apartments
Commissioner Bill Davis Commented bull Recommended keeping some distance so that the market does not
become saturated between businesses bull That the residential buffer needs to be removed entirely as that does
not allow for as an example an apartment to be located on top of this type of business
Commissioner Jeff Marineau Commented (arriving at 615 pm) bull In most cases these businesses have upgraded buildings that are
falling apart and made them look better for the community as a net positive
Commissioner Patrick Terry Commented bull Would still like to have some distance restrictions in residential zones
for ease of access
The consensus between the three Commissioners present was the current 1000 foot buffer between residential zones should be removed however still maintaining some distance between these zones and other businesses as to not saturate the market It was also noted by Ms Johnson that the following be corrected in the current regulations
bull The reference just in the industrial and commercial zone for the location of a marijuana business is incorrect The correction needs to be you can have a marijuana business in retail commercial areas Marijuana indoor grows and processing businesses are also allowed however the City does not allow any outdoor grows
The consensus between all Commissioners was to use the OAR definitions to define items that needed definition
5 CCIPUBLIC COMMENTS ndash None Provided 6 WORKSHOP
a Planning Commission workshop regarding ldquoSingle-Room Occupancyrdquo regulations (SRO)
Ms Johnson gave a brief overview of the definition of a SRO and explained that currently no standards have been adopted to regulate the operation of a SRO The purpose of the workshop is to discuss whether or not the Planning Commission would like to make a recommendation to the Council about regulating SRO standards Discussion ensued Each Commissioner posed the same question about why the City would need to regulate private homes renting individual rooms The consensus was that further regulation of this process was not necessary
7 COMMISSIONER COMMENTS - None 6 STAFF COMMENTS ndash None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Calendar for Planning Commission Meetings was stated 8 ADJOURNMENT at 714 pm
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 3a
PROJECT NUMBER
ADDRESS
APPLICANTAPPLICANT REPRESENTATIVEFROM
APPROVED BY
SUBJECT
RECOMMENDATIONMOTION
BACKGROUND AND SUMMARY
ISSUES
ATTACHMENTSDescr ipt ion
August 10 2021 MinutesSeptember 14 2021 Minutes - Amended
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday August 10 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon 1 LIVE VIDEO LINK
a YouTube Live Stream Link 2 CALL TO ORDER The Planning Commission Tuesday August 10 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 600 PM Attendance Commissioners Bill Davis Patrick Terry Jim Berg and Jeff Marineau (arriving at 615) Staff Carolyn Johnson and Jim Hossley Signed-in Guest None Note A consensus was made by Commissioners Davis Terry and Berg to discuss the items on the agenda without a quorum 3 ADOPTION OF MINUTES
a Planning Commission Minutes of June 8 2021 Commissioner Berg moved to approve the June 8 2021 Planning Commission Minutes Commissioner Marineau seconded the motion which carried Ayes Terry Marineau Berg Davis Commissioner Marineau would like clarification at the next meeting in regards to his voting for item a PC review of Empire Urban Renewal Plan Amendment at the June 8 2021 meeting He thought he voted no
4 PUBLIC HEARING
ITEM A CBMC Title 17 Development Code Amendments Regarding Marijuana Regulations
Vice-Chair Berg opened the public hearing for discussion only Ms Johnson gave a brief overview of the purpose of the discussion being based on three things one the distance between marijuana businesses two the distance between residential uses and three how the code reads today and meeting those requirements A discussion ensued
Commissioner Jim Berg Commented
bull If we do not regulate the distance between liquor stores why do we need to regulate the distance between marijuana stores
bull These are just like any other business if you donrsquot use them then you donrsquot pay attention to the locations It would just be another type to manage within the City
bull The goal is to promote businesses in the downtown area and it would be difficult to have these businesses in these locations with apartments
Commissioner Bill Davis Commented bull Recommended keeping some distance so that the market does not
become saturated between businesses bull That the residential buffer needs to be removed entirely as that does
not allow for as an example an apartment to be located on top of this type of business
Commissioner Jeff Marineau Commented (arriving at 615 pm) bull In most cases these businesses have upgraded buildings that are
falling apart and made them look better for the community as a net positive
Commissioner Patrick Terry Commented bull Would still like to have some distance restrictions in residential zones
for ease of access
The consensus between the three Commissioners present was the current 1000 foot buffer between residential zones should be removed however still maintaining some distance between these zones and other businesses as to not saturate the market It was also noted by Ms Johnson that the following be corrected in the current regulations
bull The reference just in the industrial and commercial zone for the location of a marijuana business is incorrect The correction needs to be you can have a marijuana business in retail commercial areas Marijuana indoor grows and processing businesses are also allowed however the City does not allow any outdoor grows
The consensus between all Commissioners was to use the OAR definitions to define items that needed definition
5 CCIPUBLIC COMMENTS ndash None Provided 6 WORKSHOP
a Planning Commission workshop regarding ldquoSingle-Room Occupancyrdquo regulations (SRO)
Ms Johnson gave a brief overview of the definition of a SRO and explained that currently no standards have been adopted to regulate the operation of a SRO The purpose of the workshop is to discuss whether or not the Planning Commission would like to make a recommendation to the Council about regulating SRO standards Discussion ensued Each Commissioner posed the same question about why the City would need to regulate private homes renting individual rooms The consensus was that further regulation of this process was not necessary
7 COMMISSIONER COMMENTS - None 6 STAFF COMMENTS ndash None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Calendar for Planning Commission Meetings was stated 8 ADJOURNMENT at 714 pm
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday August 10 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon 1 LIVE VIDEO LINK
a YouTube Live Stream Link 2 CALL TO ORDER The Planning Commission Tuesday August 10 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 600 PM Attendance Commissioners Bill Davis Patrick Terry Jim Berg and Jeff Marineau (arriving at 615) Staff Carolyn Johnson and Jim Hossley Signed-in Guest None Note A consensus was made by Commissioners Davis Terry and Berg to discuss the items on the agenda without a quorum 3 ADOPTION OF MINUTES
a Planning Commission Minutes of June 8 2021 Commissioner Berg moved to approve the June 8 2021 Planning Commission Minutes Commissioner Marineau seconded the motion which carried Ayes Terry Marineau Berg Davis Commissioner Marineau would like clarification at the next meeting in regards to his voting for item a PC review of Empire Urban Renewal Plan Amendment at the June 8 2021 meeting He thought he voted no
4 PUBLIC HEARING
ITEM A CBMC Title 17 Development Code Amendments Regarding Marijuana Regulations
Vice-Chair Berg opened the public hearing for discussion only Ms Johnson gave a brief overview of the purpose of the discussion being based on three things one the distance between marijuana businesses two the distance between residential uses and three how the code reads today and meeting those requirements A discussion ensued
Commissioner Jim Berg Commented
bull If we do not regulate the distance between liquor stores why do we need to regulate the distance between marijuana stores
bull These are just like any other business if you donrsquot use them then you donrsquot pay attention to the locations It would just be another type to manage within the City
bull The goal is to promote businesses in the downtown area and it would be difficult to have these businesses in these locations with apartments
Commissioner Bill Davis Commented bull Recommended keeping some distance so that the market does not
become saturated between businesses bull That the residential buffer needs to be removed entirely as that does
not allow for as an example an apartment to be located on top of this type of business
Commissioner Jeff Marineau Commented (arriving at 615 pm) bull In most cases these businesses have upgraded buildings that are
falling apart and made them look better for the community as a net positive
Commissioner Patrick Terry Commented bull Would still like to have some distance restrictions in residential zones
for ease of access
The consensus between the three Commissioners present was the current 1000 foot buffer between residential zones should be removed however still maintaining some distance between these zones and other businesses as to not saturate the market It was also noted by Ms Johnson that the following be corrected in the current regulations
bull The reference just in the industrial and commercial zone for the location of a marijuana business is incorrect The correction needs to be you can have a marijuana business in retail commercial areas Marijuana indoor grows and processing businesses are also allowed however the City does not allow any outdoor grows
The consensus between all Commissioners was to use the OAR definitions to define items that needed definition
5 CCIPUBLIC COMMENTS ndash None Provided 6 WORKSHOP
a Planning Commission workshop regarding ldquoSingle-Room Occupancyrdquo regulations (SRO)
Ms Johnson gave a brief overview of the definition of a SRO and explained that currently no standards have been adopted to regulate the operation of a SRO The purpose of the workshop is to discuss whether or not the Planning Commission would like to make a recommendation to the Council about regulating SRO standards Discussion ensued Each Commissioner posed the same question about why the City would need to regulate private homes renting individual rooms The consensus was that further regulation of this process was not necessary
7 COMMISSIONER COMMENTS - None 6 STAFF COMMENTS ndash None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Calendar for Planning Commission Meetings was stated 8 ADJOURNMENT at 714 pm
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
Commissioner Jim Berg Commented
bull If we do not regulate the distance between liquor stores why do we need to regulate the distance between marijuana stores
bull These are just like any other business if you donrsquot use them then you donrsquot pay attention to the locations It would just be another type to manage within the City
bull The goal is to promote businesses in the downtown area and it would be difficult to have these businesses in these locations with apartments
Commissioner Bill Davis Commented bull Recommended keeping some distance so that the market does not
become saturated between businesses bull That the residential buffer needs to be removed entirely as that does
not allow for as an example an apartment to be located on top of this type of business
Commissioner Jeff Marineau Commented (arriving at 615 pm) bull In most cases these businesses have upgraded buildings that are
falling apart and made them look better for the community as a net positive
Commissioner Patrick Terry Commented bull Would still like to have some distance restrictions in residential zones
for ease of access
The consensus between the three Commissioners present was the current 1000 foot buffer between residential zones should be removed however still maintaining some distance between these zones and other businesses as to not saturate the market It was also noted by Ms Johnson that the following be corrected in the current regulations
bull The reference just in the industrial and commercial zone for the location of a marijuana business is incorrect The correction needs to be you can have a marijuana business in retail commercial areas Marijuana indoor grows and processing businesses are also allowed however the City does not allow any outdoor grows
The consensus between all Commissioners was to use the OAR definitions to define items that needed definition
5 CCIPUBLIC COMMENTS ndash None Provided 6 WORKSHOP
a Planning Commission workshop regarding ldquoSingle-Room Occupancyrdquo regulations (SRO)
Ms Johnson gave a brief overview of the definition of a SRO and explained that currently no standards have been adopted to regulate the operation of a SRO The purpose of the workshop is to discuss whether or not the Planning Commission would like to make a recommendation to the Council about regulating SRO standards Discussion ensued Each Commissioner posed the same question about why the City would need to regulate private homes renting individual rooms The consensus was that further regulation of this process was not necessary
7 COMMISSIONER COMMENTS - None 6 STAFF COMMENTS ndash None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Calendar for Planning Commission Meetings was stated 8 ADJOURNMENT at 714 pm
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
a Planning Commission workshop regarding ldquoSingle-Room Occupancyrdquo regulations (SRO)
Ms Johnson gave a brief overview of the definition of a SRO and explained that currently no standards have been adopted to regulate the operation of a SRO The purpose of the workshop is to discuss whether or not the Planning Commission would like to make a recommendation to the Council about regulating SRO standards Discussion ensued Each Commissioner posed the same question about why the City would need to regulate private homes renting individual rooms The consensus was that further regulation of this process was not necessary
7 COMMISSIONER COMMENTS - None 6 STAFF COMMENTS ndash None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Calendar for Planning Commission Meetings was stated 8 ADJOURNMENT at 714 pm
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
CITY OF COOS BAY PLANNING COMMISSION MEETING
Tuesday September 14 2021 - 600 PM City Council Chambers
500 Central Ave Coos Bay Oregon AMENDED 1 CALL TO ORDER The Planning Commission Tuesday June 8 2021 meeting held in the City of Coos Bay Council chambers at 500 Central Avenue in Coos Bay was called to order at 611 PM Attendance Chairman Amy Aguirre Commissioners Patrick Terry Bill Davis Rex Miller Jeff Marineau Josh Stevens and Jim Berg Staff member Debbie Erler Signed-in Staff Carolyn Johnson Signed-in Guest None 2 LIVE VIDEO LINK
a YouTube Live Stream Link 3 PUBLIC HEARING
ITEM A Planning Commission review and public hearing on amendments to CBMC 17335080 indoor marijuana-related businesses
No public testimony was given Chairman Aguirre open the public hearing A brief overview was given my Ms Johnson stating that a November 2020 moratorium on new business licenses for marijuana businesses is in place Since that time Council requested and the Planning Commission reviewed potential changes to CBMC 17335080 Indoor Marijuana-related Businesses related to distance between marijuana retail businesses and residential uses in any zoning district as well as definitions related to marijuana uses On August 10 and September 14 the Planning Commission reviewed the referenced CBMC sections and has provided recommendations as follows Amended On motion of Commissioner Terry and second by Commissioner Berg with a 7 to 0 vote the following removal is recommended to CBMC section 17335080 reflective of Option C on page 3 of 4 of the September 14 2021 Planning Commission supplemental staff report (1) Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements (1) Location The business must
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends
be located in a permanent building in the industrial-commercial zone and may not be located in a trailer cargo container motor vehicle recreational vehicle manufactured home greenhouse or building designed and defined by the building code as a residence nor within 1000 feet of any residential use in any zone of the city nor within 1000 feet of another marijuana-related business of the same type On motion of Commissioner Miller and second by Commissioner Marineau with a 7 to 0 vote the Planning Commission further recommends the CBMC be augmented with the following reflective of state regulation definitions Marijuana retail ndash Sale of marijuana goods merchandise articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license Marijuana Grow - Grow immature marijuana plants or to breed or produce marijuana seeds Marijuana processing - The processing compounding or conversion of marijuana into cannabinoid products cannabinoid concentrates or cannabinoid extracts Processing does not include packaging or labeling 4 CCIPUBLIC COMMENTS- None 5 COMMISSIONER COMMENTS-None 6 STAFF COMMENTS-None 7 ADMINISTRATIVE AND FUTURE MATTERS FOR DISCUSSION ndash Upcoming
Planning Commission calendar was discussed and the possible need to schedule another PC meeting on October 25 2021
8 ADJOURNMENT- 637 pm
CITY OF COOS BAY PLANNING COMMISSIONAgenda Staff Report
MEETING DATEOctober 12 2021
AGENDA ITEM 4A
PROJECT NUMBER 187-19-000051
ADDRESS CITYWIDE
APPLICANTAPPLICANT REPRESENTATIVE
City of Coos BayCarolyn Johnson CommunityDevelopment Administrator
FROM Carolyn Johnson Community Development Administrator
APPROVED BY Carolyn Johnson Community Development Administrator
SUBJECT
Public hearing for review of potential amendment to Coos Bay Municipal Code (CBMC) Title 17regarding Vacation Rentals with the addition of Section 17370 ndash Vacation Rentals Vacation rentals are defined in the Development Code as A residential structure being rented forcompensation for less than 30 days without concurrent occupation by the owneroperator The City Council implemented a moratorium on vacation rental land use applications citywide with theexception of commercial districts on August 3 2021 and asked for the Planning Commission to hold apublic hearing and forward a recommendation to Council
RECOMMENDATIONMOTION
Planning Commission review is recommended as follows- receipt of a brief report from staff - public hearing and opportunity to ask questions of speakers- upon conclusion of public comments continue the public hearing to Monday October 25 at 6 PM withthe following motion at the conclusion of the last public comment I move to continue the public hearing to Monday October 25 2021 at 6 PM
BACKGROUND AND SUMMARY
The City Council discussed draft vacation rental regulations at their October 22 2019 work sessionCouncil review was a result of an October 8 2019 Planning Commission unanimous recommendationfor adoption of vacation rental standards and regulations as a follow up to the definition of vacationrentals adopted by Ordinance 518 After hearing public testimony on October 22 Council reachedconsensus for Planning Commission to again review the draft regulations and also look at vacation
regulations of other municipalities In April of 2021 2SI Investment applied for a land use permit for a vacation rental at 850 PrefontaineConsistent with the CBMC neighboring property owners were notified of the land use application The2SI application received many objections from the neighboring residents the land use application waswithdrawn and citizens asked Council for City review of the vacation rental regulations As earlier notedthe Council August 3 response resulted in a moratorium on accepting land use applications for vacationrentals in residential areas August 4 September 17 and October 8 2021 Citys newsletters provided information on the vacationrental matter subsequently a good deal of written communication has been received from the public forCommission review and is attached
ISSUES
Issues are identified in Supplemental Report
ATTACHMENTSDescr ipt ion
Supplemental ReportPublic comments
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 1 | of 8
ATTACHMENT 1 Supplemental staff report
I Vacation Rentals in Coos Bay The Development Code defines a Vacation rental as A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owneroperator
A Authorized rentals The chart below identifies known vacation rental authorized land use applications business licenses and registration for Transient room tax Totaling eleven four are located in commercial zones six are located in low density residential zones and one is located in a medium density residential zone A four-unit apartment complex in the commercial zone is pending approval and was not subject to the moratorium A map identifying the Cityrsquos zoning districts and locations of city authorized vacation rentals can be found on page 2
LDR ndash low density residential C and MX ndash commercial zones MDR ndash Medium Density residential zones Property addressProperty zoning Year of applicationauthorization
1856 Southwest BlvdLDR 2012
489 Nicholls AveC
903 N 8th StLDR
273 N 11th StLDR
1230 Seagate Ave LDR overlay 1043 Commercial Ave LDR 842 S Empire BlvdC
765 Kentucky AveLDR 2019 536 MarketMX 2020
1056 MichiganMDR
1053 S 4th StMX
760 Elrod AveC (4 apartments)
pending
B Unauthorized Rentals The number of unauthorized rentals in the City is unknown however efforts however information on this topic was gathered from Granicus an online government service provider of a variety of services including but not limited to website design digital communication strategies public meeting and records management Granicus provided information estimating 60-70 vacation rental units in the City after an assessment of multiple on-line rental platforms
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 2 | of 8
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 3 | of 8
C Current Coos Bay and Oregon vacation rental requirements A Type 2 land use permit A Type 2 land use permit requires a $350 application fee a land use application describing the vacation rental use and a written notice of the application to property owners within 150rsquo of the application site twenty days prior to an administrative decision on the application The project applicant is provided with any comments on the application Within seven calendar days after issuing a decision the city mails the notice of decision to property owners within 150 feet of the subject application area Unless there is an appeal of the decision within fifteen calendar days of the decision being issued the project is approved by City staff Alternatively the Director has the authority to require review of the application beyond the 150rsquo noted in the regulations or transmit the application to the Planning Commission for a Type 3 land use review and action There are currently no specified standards in the Cityrsquos Development Code for Vacation rentals however like any land use vacation rental projects are required to comply with all City regulations These include but are not limited to Title 8 Health and Safety Code requirements such as unlawful disposal of solid waste littering discarding vehicles Title 9 Public Peace Morals requirements regarding discharge of weapons public decency public peace noise or inhaling toxic vapors or shooting off fireworks Title 15 Buildings and Construction Title 3 regarding Transient Room Tax and Title 5 regarding Business License registration A Type 2 Permit can be revoked by the Director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied Notification to surrounding property owners would be provided consistent with the original Type 2 permit to the surrounding neighborhood The Director can revoke the Type 2 permit the vacation rental use is not consistent with its authorization or the applicant has failed to remedy the alleged violation within 60 calendar days after the Director mails notice of the alleged violation
B Building Department review Before a business license can be issued for a vacation rental the structure must comply with current applicable building and fire code regulations including fire and safety regulations in CBMC Chapter 15 (Buildings and Construction) This responsibility to assure compliance falls to the Building department before a change of use permit for the vacation rental occupancy can be authorized
C Business license registration Property owners must comply with CBMC Chapter 5 (Business Licenses and Regulations) and register for a business license annually
D Registration and payment of Transient Room Tax Property owners are required to comply with CBMC Chapter 355 (Transient Room Tax) This tax is required of lodging establishment operators at the time the rent is paid
II Planning CommissionCity Council previously reviewed draft vacation rental regulations In October of 2019 the Planning Commission the Vacation rental regulations below and recommended City Council approval Draft vacation rental regulations previously recommended by the Planning Commission are noted at the end of this report The City Council reviewed the draft regulations and after receiving public comments reached consensus for the Planning Commission to further review the proposed regulations and compare them with vacation rental regulations in other municipalities The chart below identifies key draft regulations components and how they compare to the vacation rental regulations of Warrenton and Bandon
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 4 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Location Residential amp commercial zones
Commercial areas
Controlled Development Zone (mixed use) along amp adjacent to ocean front permitted and conditionally permitted
Authorization -In residential amp commercial zones not in accessory dwellings -Type 2 administrative permit wnotification of property owners win 150rsquo Subject to appeal to Planning Commission amp revocation for compliance failure wconditions amp city regs
-Allowed in Commercial areas wConditional Use Permit (Type 3) -Homestays allowed with a Type 2 administrative permit in residential areas (Homestay definition A short-term rental in an owner-occupied single-family detached dwelling unit using up to five bedrooms including bedrooms in accessory dwellings)
-Unit must be at least 3 years old Not permitted in Accessory dwellings -Planning Commission Type 3 Conditional Use Permit Applicant to address the surrounding neighborhood amp how rental is appropriate given specific neighborhood characteristics
Business license amp transient room tax registration amp payment
Required Required Required Activity ceased gt 1 year or fails to be rented gt 10 nightscalendar year (determined by occupancy tax receipts) permit becomes null and void
Other requirements
(a) building safety inspection safety report prepared by licensed home inspector reviewed amp accepted by the Building Official (b) written notice for conspicuous posting w name address amp contact person phone number if owneroperator does not live in the rental address of the vacation rental max number of overnight occupants max number of cars allowed parked on-site day(s) established for garbage collection City approved tsunami evacuation map amp non-emergency number of the Police Department
-Post tsunami evacuation map in a visible location -A NOAA weather radio with alert capabilities shall be permanently displayed in a visible location
Tsunami map required in unit
Annual verification or contact information
Annual verification of name address phone number contact if owner does not live in the rental
If change in the designated representative property owner must submit new name to City
Annual report to Planning Dept showing conditions amp ordinance compliance Failure to provide results in permit revocation
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 5 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Compliance with all City codes and requirements
Includes but not limited to Title 8 Health amp Safety Title 9 Peace Morals amp Welfare Title 15 Buildings amp Construction all environmental health regulations
-Building code references for compliance GFCI rated electrical outlets in kitchen or bathroom label Circuit breaker box bedroom emergency egress handrails shall comply with state building code Garbage amp recycling service is required -No permit without onsite inspection ampall outstanding code violations on record amp any visible violations are recorded and mitigated
-No more objectionable traffic on-street parking noise smoke light dust litter or odor is emitted from the rental than a normal neighborhood dwelling - maintenance of property at or above level of surrounding homes including landscaping and exterior maintenance -evidence provided ensuring regular garbage removal -smoke detectors required
Contact requirements
If property owner operator doesnrsquot live in rental contact personentity win 15-minute drive of property required amp available by phone 247 for response within 3 hours between 7 AM and 9 PM amp within a half hour from 9 PM-7 AM
Owner or representative available by phone 247 amp response win 30 minutes amp if requested must respond
Ownerdesignated local manager immediately available to handle complaints 247 basis by phone amp respond to complaints within a reasonable time period
Advertising on site
Prohibited
Not addressed Not addressed
Occupant limit
2 persons bedroom amp two additional persons bedroom to meet the min size requirements defined in CBMC Title 15 (Building Code)
Not addressed 3 people bedroom up to a max of 10 people Occupancy may be determined by bedrooms parking overall home floor plan and site plan and other neighborhood characteristics Occupancy authorized may be less than the maximum allowed
Location limit Vacation rental cannot be closer than three hundred (300) feet of an existing vacation rental
Not addressed lt 30 of the single unit detached dwellings within 250rsquo of property and located in zone where vacation rentals are allowed are vacation rentals
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 6 | of 8
Draft regs previously recommended by Planning Commission
City of Warrenton on the Oregon North coast near Astoria
City of Bandon
Parking requirement
1 hard surfaced off-street space guest room exclusive of 2-space requirement for property owner should she be on site during vacation rental period Parking areas not to be located in front yard but may be located on the propertyrsquos paved driveway If owneroperator lives on site required residential parking shall not be displaced by the vacation rental
Provide 1 off-street parking spaceguest bedroom Parking diagram to be posted on site amp made available for renters Parking size to comply with city regulations
1 off-street spaceeach bedroom but no lt than 2 spaces Approved off-street parking areas to be available to accommodate full occupancy without use of on- street parking
Other -Install carbon monoxide (CO) and smoke detector devices in each bedroom for rent -Address numbers visible from the street -Homeowners are required to maintain a complaint registry and report problems to Community Development Director
- Permit is not tied to the property but to the individual who secured permit sale or transfer to another entity invalidates permits - If a joint access is to be used all other property owners using the same private access must agree to the VRB use
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 7 | of 8
DRAFT
17370 VACATION RENTALS Sections 17370010 Purpose and Intent 17370020 Applicability 17370030 Performance Standards and Requirements for Vacation Rentals 17370040 Violations 17370010 Purpose and Intent The purpose of these regulations is to ensure that vacation rentals conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties 17370020 Applicability Vacation rentals may be permitted in the LDR-6 and LDR-8 zoning districts and in existing residential structures in the C MX and I-C and WH zoning districts in compliance with underlying zoning district development and use standards and subsection 17370030 17370030 Performance Standards and Requirements for Vacation Rentals 1) Authorization A Vacation Rental is a City authorized residential structure being rented for compensation for less than thirty (30) days Recreational vehicles travel trailers tents other temporary shelters garages used to comply with City parking requirements accessory structures (including Accessory dwelling units) are not permitted for use as vacation rentals 2) Licensing and Taxes Owners and Operators of vacation rentals are required to obtain a business license pursuant to the requirements of CBMC Chapter 505 and the payment of Transient Lodging taxes pursuant to the requirements of CBMC Section 355 3) Additional Requirements Each vacation rental owneroperator must submit with their business license application the following (a) A building safety inspection safety report prepared by a licensed home inspector for Building Official review and approval (b) For Director approval a written notice that will be conspicuously posted inside each vacation rental unit setting forth the name address and telephone number of the contact person required in 17370030(6) if the property owneroperator does not live in the residential structure utilized as a vacation rental The notice shall also set forth the address of the vacation rental the maximum number of occupants permitted to stay overnight in the unit the maximum number of vehicles allowed to be parked on-site the day(s) established for garbage collection a City approved tsunami evacuation map and a non-emergency number of the Coos Bay Police Department 4) Annual verification of contact information The owneroperator of the vacation rental shall annually at the time of renewal of the business license verify the name address and telephone number of the contact person required in 17370030(6) if the property owner or hisher operator does not live in the residential structure utilized as a vacation rental 5) Coos Bay Municipal Code Compliance Compliance is required with all CBMC regulations including but not limited to Title 8 Health and Safety Title 9 Peace Morals and Welfare and Title 15 Buildings and Construction All environmental health regulations shall be met
October 12 2021 Planning Commission supplemental staff report ndash Vacation rentals 8 | of 8
6) Contact Requirements If the property owner andor hisher operator does not live in the residential structure utilized as a vacation rental the owner andor operator shall at all times while the property is being used as a vacation rental maintain a contact personentity within a fifteen-minute drive of the property The contact person or entity must be available via telephone twenty-four (24) hours a day seven days a week to respond to complaints regarding the use of the vacation rental The contact person or entity shall respond either in person or by return telephone call with a proposed resolution to the complaint within three hours between seven am and nine pm and within thirty (30) minutes between nine pm and seven am 7) Advertising On-site advertising of the vacation rental is prohibited 8) Limit of Occupants The number of overnight occupants shall be limited to two persons per bedroom and two additional persons For example a two-bedroom dwelling would have a maximum occupancy of six persons A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (Building Code) 9) Location limit Establishment of a vacation rental within three hundred (300) feet of an existing vacation rental shall not be permitted 10) Parking Requirement One (1) hard surfaced off-street parking space shall be provided for every guest room exclusive of the two-parking space requirement for the property owner should she be on site during the vacation rental period In calculating the number of spaces required the total shall be rounded up Parking areas shall not be located in the front yard but may be located on the propertyrsquos paved driveway If the vacation rental property owneroperator lives on site the required residential parking shall not be displaced by the vacation rental 17370040 Violations Violation of the requirements specified in Section 17370030 shall constitute grounds for revocation of the Type II permit required for a vacation rental pursuant to Section 17130150
1
Carolyn Johnson
From james behrends ltjamesbehrendsyahoocomgtSent Tuesday October 22 2019 836 AMTo Carolyn JohnsonSubject Coos Bay Municipal code Tittle 17 Section 17370 Vacation rentalsAttachments Coos Bay Municipal Code Title 17 Section 17pdf
Good Morning A combination of not been able to get feedback from some of my neighbors until yesterdayand a not clear understanding of how close these ordinance changes were to be finalized cause me to be very late in completing these suggested changes Our overall position is as follows The ordinance as currently written does not address the issues that this type of land use has caused in our neighborhood nor does it appear to be reviewed in the context of our current housing shortage Also the Fees do not even come close the the revenue needed to administer and enforce this ordinance Attached please find a PDF with suggested changes Thank you for your attention to this matter I will be at the work session on 22 October 2019 James Behrends 1190 Fulton Coos Bay 97420 541 888 3772
Coos Bay Municipal Code Title 17 Section 17370 Vacation Rentals
We have read the Code revisions that are proposed and believe that they do not properly address the following issues and the code should be sent back to staff for further study and development
The city has not studied the effect of the continued approving this type of activity in light of the housing shortage in the community How can the reduction of available housing by this property use be helpful to the community as a whole It seems that approving this activity by non-owner occupied housing creates an additional drain of available quality housing units How can the community afford to lose additional housing units to this activity How is having a house sit empty for 9-10 months out of the year or more be any contribution to the stability and quality of a community When we cannot get individuals to relocate here because of the lack of available quality housing Why are we approving reductions in inventory Do we need a moratorium on this activity until we can identify its effects on housing stocks or how can we set a limit on the total housing stock that can be used for this activity
ADD - The city should have to inform all property owners and tenants within 2000 feet of the proposed changes at the expense of the individual that is requesting the change We as a city should be exceeding the standards set by the state for these types on communications IN EVERY CASE
17370020 ADD - Vacation Rental property should be at least 10 years old based on the date of the certificate of occupancy to be considered for a permit Vacation rentals and other commercial uses shall not be approved in neighborhoods that have convent and deed restriction or HOArsquos banning them from the area The applicant needs to provide proof that no Ban is in effect
17370030 Section 3 subsection b Posting an evacuation map in vacation rental units and does not even come close to mitigating the effects of this housing on neighborhood cohesion and response to incidents and disasters ADD - Vacation rental housing operator should have available a high level of disaster preparedness information and have supplies on hand to be at least 2 weeks ready on site which appears to be the community recommended standard
17370030 Section 9 Allowing this activities in 300 feet intervals (roughly every 4th house) will be too dense an application and will further destroy any sense of community This could lead to 25 Vacation rentals in some neighborhoods ADD - It would be better that these vacation rental be spaced at least 1000 feet apart
17370030 Section 3 Subsection b Very Clear language on the handling of trashlitter and the disposal of pet waste needs to be included in the Code with substantial penalties for noncompliance In the past vacation rental trash cans have been put on the street over flowing 4-6 days before trash pickup this has caused the trash to be spread by wind homeless and wildlife up and down the neighborhood Also vehicle ash trays and litter bagsbeverage containers from vehicles have been dumped in the street by Vacation rental folks in the past ADD - If the Vacation rental allows Pets then pet waste disposal material needs to be made available curbside NO trash or recycling container will be permitted curb side on days which no trash pickup is occurring Also no trash or recycling container shall be visible from the street on non-pick up days
1737030 Section 3 ADD - If the Vacation rental is not rented for a least 60 days with in a calendar year as determined by the room tax receipts and rental documentation the permit will become void with no further proceedings and with no opportunity to renew The adjoining property owners within 500 feet will be notified that this property is no longer a vacation rental at the expense of the rental operator The permit for this type of activity will not be transferable if there is an ownership change
17370030 Section 4 ADD -The Vacation rental operator should be required in writing to update their contact information every 90 days in writing with the city and with all property owners within 500 feet Further the Vacation rental property shall be physically Inspected Audited on site yearly at the expense of the rental operators for compliance with this ordinance and all other city ordinances To include review of collection of room tax revenue Fee to be set by city staff Keep the language on response times and local contracts But ADD- that a PRIMARY contact and a SECONDARY contact for the Vacation rental shall be included in all contact information
ADD - The Vacation rental operator should be required to accomplish a site walk thru and litter pick-up every 24 hour period that the property is vacant This is to primarily stop the use of yards and out buildings on the property by Homeless an issue which has occurred in the past with these vacant houses
ADD- Occupancy should not exceed 2 people per bed room and total occupancy should not exceed 10 people including live in management
ADD - Exterior maintenance and landscaping shall be at or above the level of surrounding properties
ADD - One off street parking spot for each 2 individuals occupying the property Garages and Carports must be empty of stored material and fully available for use as parking Under no case should on street parking be allowed No RVBoat parking or Commercial Vehicle Parking will allowed on Site
ADD ndash If the police have responded more than two times in a 90 day period the permit will be reviewed by the City Council If any citation or arrest occurs on the property or within 500 feet of the property that involves the property owners renters hired tradesmen and maintenanceadministrative staff that results in a fine or conviction the permit will be null and voided and cannot be renewed by the property owner
Since the Cities position is that they do not have the staff or funding to enforce speed limits in residential neighborhoods or provide a reasonable level of patrols It appears that serious look should be taken insure that the fees structure for this ordinance will cover all administrative cost and code enforcement cost Fees to applyoperate and Fines for violation of this ordinance need to be set at the absolute highest possible level
In our neighborhood these vacation rentals have negatively affected the quality of life The Noise parties litter pet waste problems lack of proper trash disposal and on street parking of over 20 cars blocking driveways and mail boxes has not been a positive experience The cities past response to our concerns has been unsatisfactory This Ordinance need Teeth and Funding Support
From james behrendsTo Carolyn JohnsonCc Rodger CraddockSubject Short Term Vacation Rentals (STVR)Date Wednesday July 14 2021 93643 AM
Nowhere in the residential neighborhoods of the City of Coos Bay can you buy ahome with the guaranteed that the house next door will never become a mini-motelchurning over an average of eight or more different people as often as every 24hours
Please advise the time line for when the issue of Short Term Vacation Rentals (STVR) will be on theagenda of the City CouncilPlanning CommissionIt is apparent that the city needs to rethink and reevaluate the current STVR policy A family friendlyand employer supporting policy needs to be developed
The past efforts of our neighborhood in shutting down these UNACCEPTABLE STVR industrialoperations is a difficult burden on a neighborhood The high speed traffic the blocking of mail boxesdriveways and fire hydrants the trash noise at all hours of the night and constant stream of strangersentering a neighborhood are not welcome additions to any residential area It is not good for families andit does not present a positive image for individuals considering relocating into the community Closing theloopholes in the current city policy is well supported by the community The city thru its policies shouldnot be damaging the quality of life for its residents and the ability of employers to attract and retainemployees
The city policies and procedures should be proactive in the protection of the quality of life in residentialneighborhoods
Protect family and worker housing we have as a neighborhood supported the cityfor decades year around it is now time for the city to support us
Thank you in advance for your prompt response
James and Mary Behrends
From james behrendsTo Joe BenettiCc Rob Miles Carmen Matthews Rodger Craddock Carolyn Johnson Stephanie Kilmer Lucinda DiNovo Phil
Marler Drew FarmerSubject Short Term Vacation RentalsDate Sunday July 18 2021 71740 AMAttachments presentation 1pdf
As live able transitional neighborhoods in previously resource based economies evolve they tend toinfill with higher skill workers higher wage workers and higher income retirees who can see somepotential in the community They also attract families and larger family sizes with the possibility ofincreasing family sizes Overall the age demographic lowers household income rises and a morevaried inventory of skills sets enter the community The city of Coos Bay has a current STVR policythat does not allow this to happen unless individual property owners or groups of property ownersspeak out to save quality neighborhoods and quality housing stock from destruction
Attached is presentation number one outlining some of the neighborhood concerns about the cityscurrent Short Term Vacation Rental Policy Recently at a community event A every limited level ofapproval STVR was noted by individuals with experience of living in the Coos Bay community and areaware of the communities limitations Residential neighborhoods will support housing for visitingworkers they will support owner occupied Bed and Breakfast and the renting of rooms month tomonth within homes There is little or no support for a STVR party house type lodging inresidential neighborhoods thru out the city which is the current city policy
James and Mary Behrends