Hold discussion on Recommendation Resolution 2021-01RR, of the Neighborhood Commission, regarding amendments to the current Short-Term Rental, and provide direction to Staff.
Item 16: Neighborhood Commission Resolution on Short Term Rentals
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JHughson
CoSM Members
I'm looking at the redline version provided when we received the resolution.
Given recent events, in 38.813 Violations, (c) (10) "Offer or allow the use of a short term rental for having a party;" should we add "wedding" to that or is a wedding considered a type of "party?"
In the new 34.816 Records, why would we not include the price paid under the licensee requirements? I see it under the booking service.
How is 38.813 Violations, (c) (13) enforceable? "On and after November 1, 2021, it shall be unlawful for any booking service provider to receive payment, directly or indirectly, for an unlicensed short-term rental located in the City of San Marcos. The provisions of this subsection (13) are entirely strict liability in nature."
Assuming we will need to change "November 1" throughout since we will be past that before the this is effective passed (assuming these changes are approved by council). Can we just leave blank until passage?
Given recent events, in 38.813 Violations, (c) (10) "Offer or allow the use of a short term rental for having a party;" should we add "wedding" to that or is a wedding considered a type of "party?"
In the new 34.816 Records, why would we not include the price paid under the licensee requirements? I see it under the booking service.
How is 38.813 Violations, (c) (13) enforceable? "On and after November 1, 2021, it shall be unlawful for any booking service provider to receive payment, directly or indirectly, for an unlicensed short-term rental located in the City of San Marcos. The provisions of this subsection (13) are entirely strict liability in nature."
Assuming we will need to change "November 1" throughout since we will be past that before the this is effective passed (assuming these changes are approved by council). Can we just leave blank until passage?
Response provided by Greg Carr, Director of Neighborhood Enhancement:
My apologies on some confusion on the redline version attached. This is not what will be presented to council if we are directed to make modifications. It was a working document for the Neighborhood Commission so that they could understand how their concerns would be addressed through the ordinance. This version has not gone through the normal vetting process. If council is supportive of changes to the ordinance, I am sure that we will get good suggestions, comments and direction. We will then bring back a fully vetted ordinance for review.
Since Neighborhood Enhancement has taken over the permitting phase of the process we have found some additional items that will need to be addressed. One of those items is how to address events allowed at short term rentals.
The item before you is to determine if council supports making some updates to the ordinance. If the council wishes updates to be made, then we will take a deep dive into the current ordinance to make sure all concerns are addressed and we will bring an ordinance back. I am looking forward to council's direction in this matter.
My apologies on some confusion on the redline version attached. This is not what will be presented to council if we are directed to make modifications. It was a working document for the Neighborhood Commission so that they could understand how their concerns would be addressed through the ordinance. This version has not gone through the normal vetting process. If council is supportive of changes to the ordinance, I am sure that we will get good suggestions, comments and direction. We will then bring back a fully vetted ordinance for review.
Since Neighborhood Enhancement has taken over the permitting phase of the process we have found some additional items that will need to be addressed. One of those items is how to address events allowed at short term rentals.
The item before you is to determine if council supports making some updates to the ordinance. If the council wishes updates to be made, then we will take a deep dive into the current ordinance to make sure all concerns are addressed and we will bring an ordinance back. I am looking forward to council's direction in this matter.
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