Agenda - Council - 10/26/2004 - 10/26/04

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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; new owners would need to go through the process again. 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. At the October 12, 2004 meeting the City Council denied the Applicants' request to waive the 14 day time requirement after the Planning Commission public hearing. The Council directed staff to bring the topic to a Council work session for further discussion. At the October 19th worksession, staff reviewed the status of other accessory apartment/multiple dwelling CUPs in the city. There are a range of conditions on these other permits; the CUP under consideration for amendment is the only one that explicitly requires owner occupancy. After this discussion Council directed staff to draft favorable findings of fact for Council consideration. Recommendation: StaWs original recommendation was supportive of the request, because of the major upgrades that have ¼een made to the City's rental licensing requirements. However, on a 3-2 vote, the Planning Commission recommended denial of amended conditional use permit. Council Action: Motion to adopt findings of fact relating to the request for an amended Conditional Use Permit to allow an accessory apartment in a single family structure in the R-1 Residential - Rural Developing District. -and- Motion to approve the request for an amended Conditional Use Permit to allow an accessory apartment in a single family structure in the R-1 Residential -Rural Developing District. Motion to deny the request lbr an amended Conditional Use Permit based on the findings of fact. Review Checklist: Copies To: Assistant Community Development Director City Attorney CC: 1 I}/26/04