Agenda - Council - 10/12/2004 - Laserfiche WebLink

Home

main unit and the accessory unit are owner-occupied. The current owners wish to sell the home to a buyer who plans to rent out both units. The Subject Property is approximately 3.5 acres. Since 1994, the City has made significant updates to the Rental Licensing requirements in City Code. The City now requires a Rental License for all rental properties in the City, which must be renewed every two years. The intent of the new Rental Licensing requirement is to ensure that all rental housing in the City meets basic quality standards (functional smoke detectors, functional appliances/plumbing, basic maintenance, etc). A major component of the licensing requirement is an inspection, which is conducted by the Building Department. One concern raised when the original CUP was issued was about the lack of owner occupancy on the property resulting in the degradation of the property. The Rental Licensing requirements stipulate that the property owner or a local agent must live within 75 miles of the property in order to provide routine maintenance and repairs to the property. Staff would also note that Rental Licenses are non-transferable; any new owners would need to go through the process again. It is Staff's opinion that the City is better prepared to deal with rental properties now than was the case in 1994, when the original CUP was issued. There are no records of any condition-of- premises complaints for the Subject Property. Staff is confident that if concerns about property maintenance arise, they can be dealt with through the Rental Licensure process. At the public hearing, the Planning Commission heard from several residents who raised concerns about the request to amend the CUP. The primary concern was that to remove the owner-occupancy requirement could lead to a lack of maintenance on the subject property, and degradation of the surrounding neighborhood. Under City Code, a CUP cannot be considered by the City Council until at least 14 days after the Planning Commission public hearing. Due to the need of the sellers to resolve the issues, the applicant is requesting that the City Council consider waiving this requirement. A resolution is attached fbr the Council's consideration. Recommendation: Staff's original recommendation was supportive of the request, because of the major upgrades that have been made to the City's rental licensing requirements. However, on a 3-2 vote, the Planning Commission recommended denial of amended conditional use permit.