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[00:00:01]

FIRST, WE'RE CALLING TO ORDER THE ZONING AND PLANNING COMMISSION.

WE ARE IN CITY COUNCIL CHAMBERS.

I WILL START WITH CALLING ROLES.

COMMISSIONER BOONE PRESENT.

COMMISSIONER FLORES PRESENT.

COMMISSIONER FLOYD PRESENT.

COMMISSIONER FOUTS PRESENT.

COMMISSIONER GARRETT.

PRESENT VICE CHAIR GREENBERG.

HERE.

PARLIAMENTARIAN JOHNSON.

PRESENT CHAIR HANK SMITH.

I'M HERE.

COMMISSIONER STERN PRESENT.

AND SECRETARY THOMPSON.

PRESENT.

IT IS UNANIMOUS.

WE ARE ALL HERE.

WE HAVE ONE VACANCY.

UM, NO PUBLIC COMMUNICATION.

WE

[Consent Agenda]

WILL APPROVE THE MINUTES, BUT WE'RE APPROVING THE SEPTEMBER 19TH WITH POSTED IN ERRORS, SO WE'RE ONLY APPROVING THE NOVEMBER 14TH MINUTES SUBMITTED.

HAVE ANY COMMENTS ON THE NOVEMBER 14TH MINUTES? NO, BUT WE DO EVENTUALLY HAVE TO APPROVE THE SEPTEMBER ONES.

RIGHT? LAST TIME.

TIME CHAIR COMMISSION LAYS ON ANDREW FERRIS.

SO THAT'S ACTUALLY, YOU'RE GONNA BE APPROVING YOUR OCTOBER, YOUR SECOND MEETING IN OCTOBER.

MINUTES.

THOSE WERE THE ONES THAT WERE, UM, SUPPOSED TO BE ON THIS AGENDA.

.

OKAY.

NOT THE SEPTEMBER 19TH.

OKAY, SO WE HAVE THE NOVEMBER 14TH MINUTES AS ITEM NUMBER ONE.

ITEM NUMBER TWO C 14 20 23 DASH 0 0 5 3.

MOUNT BONNELL RESIDENTIAL REZONING FROM LA TO SF TWO.

IS THE APPLICANT POSTPONEMENT TO JANUARY 16TH? WELL, THAT SEEMS WEIRD TO BE SAYING.

JANUARY 16TH ALREADY.

UM, ITEM THREE, REZONING C 14 20 23 DASH OH 1 0 3 MATTHEWS.

IT IS FROM SSF TWO TO SSF THREE.

IT HAS BEEN WITHDRAWN BY THE APPLICANT, SO NO ACTION IS NEEDED.

ITEM FOUR C 14 20 23 DASH 0 0 4 EIGHT'S 3,500 BURN ROAD.

IT IS FROM CSS TO C-S-M-U-V.

THE APPLICANT HAS POSTPONED TO DECEMBER 19TH.

ITEM FIVE, REZONING C 14 20 23 DASH 0 0 0 5 CHAMPIONS COMMERCIAL.

IT IS FROM GRCO TO GRCO TO CHANGE THE CONDITION OF THE ZONING.

THIS IS A STAFF POSTPONEMENT TO DECEMBER 5TH AND NO ACTION IS REQUIRED ON THIS ONE.

ITEM SIX, REZONING CASE C 14 0 26 3 OH WILDHORSE RANCH AT 99 36 AND A HALF GLENDALE LANE.

IT IS FROM PUD TO PUD TO CHANGE A CONDITION OF ZONING AND IT IS ON CONSENT AND IS RECOMMENDED.

ITEM SEVEN, REZONING C 14 20 23 DASH 0 4 9 9 BALM EAST PDA IS FROM LI TO L-I-P-D-A.

THERE'S A NEIGHBORHOOD POSTPONEMENT REQUESTED DECEMBER 19TH AND THE APPLICANT'S IN AGREEMENT.

SO THAT WILL BE POSTPONED TO DECEMBER 19TH.

ITEM C 14 20 23 DASH 0 0 5 0 BM WEST PDA IT ISI, L-I-P-D-A AND AGAIN, NEIGHBORHOOD REQUEST POSTPONED TO DECEMBER 19TH AND THE APPLICANT IS AGREEMENT AND BOTH OF THOSE WILL BE ON TOGETHER ON THE 19TH.

SO THEY'VE BEEN POSTPONED SEVERAL TIMES.

UH, ITEM NINE IS A REZONING C 14 20 22 DASH 0 0 9 2.

MOPAC PARK DEVELOPMENT FROM CS ONE CO TO CH AND IS AN IN APPLICANT IS REQUESTING AN INDEFINITE POSTPONEMENT.

ITEM 10 IS A CONSENT ITEM C 14 20 23 DASH 0 1 3 PALMER CROSSING UNIT NUMBER 0 5 8 IS FROM GR TO CS ONE.

AGAIN, IT IS RECOMMENDED FOR CONSENT APPROVAL.

ITEM 11 IS A VARIANCES SP 2022 DASH 0 5 5 8 D BULL CREEK.

IT IS A REQUEST LDC 25 8 261 TO ALLOW CONSTRUCTION IN THE CRITICAL WATER QUALITY ZONE AND ALLOW CUT UP TO 10 FEET AND FILL UP TO NINE FEET AND DRIVEWAY CONSTRUCTION ON SLOPES OVER 15%.

IT IS A STAFF POSTPONEMENT TO DECEMBER 19TH, 12 HILL COUNTRY ROADWAY IS A CONSENT APPROVAL ITEM SPC 2022 DASH 0 1 12 5 D BARTON CREEK BOULEVARD IN SOUTHWEST PARKWAY INTERSECTION.

THIS IS A HILL COUNTRY ROADWAY SITE PLAN APPROVAL AND THAT IS RECOMMENDED FOR CONSENT.

ANY QUESTIONS ON THE AGENDA? IF NOT, IS THERE A MOTION TO APPROVE THE CONSENT AGENDA AS READ? COMMISSIONER GREENBERG ENCLOSED THE PUBLIC HEARING AND CLOSE THE PUBLIC HEARING.

THANK YOU.

MOVE MOVED AND SECONDED.

ALL THOSE IN FAVOR SAY AYE.

UH, I NEED COMMISSIONER BOONE TO TURN HIS CAMERA ON.

WE HAVE TO SEE YOU.

COME ON.

COMMISSIONER BOONE.

OH, UH, I WASN'T AWARE THE CAMERA WASN'T ON.

APOLOGIES.

OKAY.

I'M NOT HOW TO DO WITHIN THE APP UPDATED.

YOU WERE THERE BEFORE, BUT NOW YOU'RE UNVERIFIED AS COMMISSIONER BOONE.

OKAY.

WE ARE APPROVED UNANIMOUSLY.

UM, WE HAVE A STAFF BRIEFING.

ITEM NUMBER 13, BRIEFING REGARDING WHOOP CHAIR.

I'M, I'M SORRY, I NEED TO KNOW WHO MOTIONED AND I'M ASSUMING WE, UH, APPROVE THE MINUTES ALSO.

YES.

UH, THE MOTION WAS MADE BY COMMISSIONER GREENBERG, SECONDED BY COMMISSIONER STERN AND THE VOTE WAS UNANIMOUS.

GREAT.

THANK YOU.

WE DID HEAR FROM COMMISSIONER BOONE,

[00:05:01]

ALTHOUGH HIS FACE WAS MY PRESENT, THE STILL COUNT AS A VOTE.

SORRY.

COMMISSIONER BOONE, YOU DON'T COUNT AS A VOTE.

SO, , IT WAS A NINE TO ZERO VOTE.

UM,

[13. Briefing regarding Short Term Rental Enforcement.]

STAFF PRESENTATION BRIEFING REGARDING SHORT TERM RENTAL ENFORCEMENT STAFF.

MR. DANIEL WORD.

MR. .

UH, GOOD EVENING COMMISSIONERS.

UH, MY NAME IS DANIEL WARD.

I AM WITH THE DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION.

UM, I'M HERE TONIGHT TO GIVE Y'ALL A SHORT BRIEFING ON THE STATUS OF OUR SHORT-TERM RENTAL REGULATIONS IN THE CITY OF AUSTIN.

UM, JUST A LITTLE BIT OF BACKGROUND.

UM, AUSTIN HAS REQUIRED A LICENSE FOR SHORT-TERM RENTAL SINCE 2012.

UM, I THINK AS MANY PEOPLE ARE AWARE IN THAT ROUGHLY DECADE, THE INDUSTRY OF SHORT TERM RENTAL HAS EXPLODED.

UM, AND IT'S CREATED, UM, SOME COMPLICATED ISSUES FOR MANY MUNICIPALITIES IN AROUND THE COUNTRY AND AROUND THE WORLD TO DEAL WITH.

AUSTIN IS NOT UNIQUE IN THIS ASPECT, UM, BUT, UH, IT IS DEFINITELY BEEN A CHALLENGING, UH, INDUSTRY TO REGULATE EFFECTIVELY.

UM, NEXT SLIDE PLEASE.

UM, SO I'LL START BY JUST GIVING KIND OF A CURRENT RUNDOWN OF WHAT OUR ON PAPER REGULATIONS LOOK LIKE TODAY.

UH, THE CITY OF AUSTIN DEFINES A SHORT-TERM RENTAL AS A DWELLING, UH, THE RENTAL OF A DWELLING FOR LESS THAN 30 CONSECUTIVE DAYS.

THIS IS A FAIRLY STANDARD DEFINITION ACROSS MOST JURISDICTIONS THAT WE SEE.

UM, IN AUSTIN, WE HAVE THREE DIFFERENT TYPES OF SHORT-TERM RENTAL LICENSES.

UM, AND IN ALL OF THOSE CASES, THE SHORT-TERM RENTAL OWNER OPERATOR IS REQUIRED TO OBTAIN A LICENSE PRIOR TO ADVERTISING OR OPERATING THAT SHORT-TERM RENTAL.

UM, NEXT SLIDE PLEASE.

SO WE HAVE TYPE ONE SHORT-TERM RENTALS.

UM, THESE ARE CONSIDERED OWNER OCCUPIED SHORT-TERM RENTAL DWELLINGS.

UH, THESE ARE PERMITTED IN ALL RESIDENTIAL ZONING DISTRICTS, AND OF COURSE, THE OWNER MUST OBTAIN A LICENSE PRIOR TO OPERATING OR ADVERTISING.

UM, IT'S IMPORTANT TO NOTE THERE ARE NO DENSITY CAPS FOR TYPE ONE ST.

UM, SO THERE'S NO LIMIT ON THE NUMBER THAT CAN BE ISSUED PROVIDED THAT IT'S OWNER-OCCUPIED AND OWNER-OCCUPIED DOES ALSO INCLUDE A DWELLING UNIT THAT MIGHT BE ASSOCIATED WITH AN OWNER-OCCUPIED DWELLING.

AND BY THAT I MEAN IT LIKE A GARAGE APARTMENT.

UH, ADU.

AN ADU? YES.

OKAY.

UM, TYPE TWO S STR ARE, ARE NON-OWNER OCCUPIED LICENSES, UM, SOMETIMES, OFTEN ALSO REFERRED TO AS INVESTOR OCCUPIED OR INVESTOR OWNED.

UM, UNDER OUR CURRENT CODE, THESE ARE PERMITTED IN SEVEN COMMERCIAL ZONING DISTRICTS.

UM, OF COURSE, AN OWNER MUST OBTAIN A LICENSE PRIOR TO ADVERTISING OR OPERATING.

UM, THERE ARE DENSITY CAPS ON TYPE TWO STR.

UM, NO MORE THAN 3% OF THE SINGLE FAMILY UNITS IN A PARTICULAR CENSUS TRACT IS ALLOWED TO HAVE, UH, OR CANNOT EXCEED THAT NUMBER.

UM, THERE'S ALSO A SEPARATION REQUIREMENT OF A THOUSAND FEET BETWEEN TYPE TWO ST IN OUR CURRENT CODE.

UM, NEXT SLIDE.

AND THEN TYPE THREES ARE SPECIFIC TO MULTIFAMILY RESIDENTIAL USE.

UM, IT'S PERMITTED, UH, THE, THE TYPE THREE LICENSE IS PERMITTED IN ALL RESIDENTIAL ZONING DISTRICTS.

UH, THERE ARE DENSITY CAPS IN PLACE ON TYPE THREES STRS.

UH, THE CAP AMOUNT IS BASED ON THE ZONING DISTRICT IN WHICH IT'S LOCATED.

IF IT IS IN A NON-COMMERCIAL ZONING DISTRICT, THE DENSITY CAP IS 3% OF THE UNITS, UH, ON THE PROPERTY AND WITHIN EACH BUILDING.

IF IT'S IN A NON-COMMERCIAL, UH, ZONING DISTRICT, THEN THE CAP, OR I'M SORRY, CO IF IT'S IN A COMMERCIAL ZONING DISTRICT, THEN THE CAP IS 25% OF THE UNITS ON THAT PROPERTY, INCLUDING 25% WITHIN EACH PARTICULAR BUILDING.

NEXT SLIDE.

THERE HAVE BEEN A SERIES OF SIGNIFICANT COURT RULINGS THAT HAVE, UH, IMPACTED THE CITY OF AUSTIN'S SHORT-TERM RENTAL REGULATIONS.

UM, THE FIRST ONE CAME DOWN IN NOVEMBER OF 2019.

THIS WAS ATARI VERSUS CITY OF AUSTIN.

UH, THE IMPACT OF THAT RULING, UH, IT NULLIFIED THE OCCUPANCY LIMITS THAT WERE SPECIFIC TO SHORT-TERM RENTALS IN THE, IN THE SHORT-TERM RENTAL ORDINANCE, UM, RENDERED THAT UNENFORCEABLE.

UM, NOW THERE'S STILL OCCUPANCY LIMITS, BUT IT'S BASED ON EITHER THE ZONING 25 2 5 11 OR IN THE IPMC.

UM, ZATARI IS SAYING THAT WE CAN'T CREATE DIFFERENT OCCUPANCY LIMITS FOR A SHORT-TERM RENTAL COMPARED TO ITS EQUIVALENT NON SHORT-TERM RENTAL DWELLING.

[00:10:01]

UM, IT ALSO PROHIBITED THE CITY FROM CARRYING FORWARD ITS SUNSET PROVISION ON GRANDFATHERED TYPE TWO STR.

UH, AS WRITTEN IN THE ORDINANCE, TYPE TWO SDRS WERE SLATED TO BE GRA UH, SUNSETTED IN APRIL OF 2022.

UM, THE ZARI RULING, UH, RULED THAT THE CITY COULD NOT CARRY FORWARD THAT.

SO AS IT STANDS RIGHT NOW, ANYONE THAT HAD A TYPE TWO STR ISSUED BEFORE THE CITY CHANGED ITS TYPE TWO ELIGIBILITY REQUIREMENTS IN 2016 WAS ALLOWED TO KEEP THAT LICENSE GOING FORWARD.

AS LONG AS THEY DON'T PROVIDE CAUSE TO LOSE IT, EITHER BY FAILING TO RENEW IT OR TRIGGERING A REASON THAT WOULD GIVE US STAFF THE ABILITY TO SUSPEND IT FOR SOME REASON.

UM, SECOND SIGNIFICANT RULING CAME DOWN IN AUGUST, 2022.

UH, THIS WAS HIAL STARK VERSUS CITY, UH, NEW ORLEANS.

UH, THE CITY OF NEW ORLEANS.

SHORT-TERM RENTAL REGULATIONS PRETTY CLOSELY MIRRORED, UH, CITY OF AUSTIN'S, UH, REGULATORY SCHEME IN TERMS OF MAKING A DISTINCTION BETWEEN OWNER OCCUPIED DWELLING UNITS AND NON-OWNER OCCUPIED DWELLING UNITS.

UM, THE HEEL STARK DECISION RULED THAT, UH, DOING SO IS A CONSTITUTIONAL VIOLATION OF THE DORMANT COMMERCE CLAUSE.

UM, AND SO IT, IT ELIMINATED THE, THE CITY'S ABILITY TO DISTINGUISH BETWEEN PROVIDING A LICENSE BASED ON WHETHER THE OWNER RESIDES IN THAT PARTICULAR UNIT OR NOT, AND THEN FOLLOW THAT UP.

FINALLY, WITH ING VERSUS CITY OF AUSTIN.

UM, THIS RULING, UH, DEMANDS THAT TYPE TWO STR LICENSES BE AVAILABLE IN ALL LOCATIONS.

THAT TYPE ONE LICENSES ARE AVAILABLE.

UM, ADDITIONALLY IT ALSO RULED THAT ANYONE WHO OWNED THEIR PROPERTY PRIOR TO 2016, UM, IS ELIGIBLE FOR A TYPE TWO STR LICENSE.

UM, AND SO WHEN YOU WRAP ALL THOSE TOGETHER, UM, THESE COURT RULINGS HAVE SEVERELY IMPACTED THE CURRENT REGULATIONS WE HAVE, UM, IN IN THE CODE TODAY, UM, IN TERMS OF OUR ABILITY TO ENFORCE IT AS WRITTEN.

UM, NEXT SLIDE.

UM, I'LL BRIEFLY TALK ABOUT OUR COMPLAINT PROCESS.

UH, ANYONE CAN MAKE A COMPLAINT THROUGH 3 1 1.

UM, YOU CAN ACCESS THAT BY LITERALLY DIALING THREE ONE ONE ON A PHONE.

UH, THERE'S A THREE ONE ONE WEBSITE YOU CAN SUBMIT THROUGH OR YOU CAN DOWNLOAD THE APP ON A MOBILE DEVICE.

UM, IF THE COMPLAINT IS SHORT-TERM RENTAL RELATED, UM, THE 3 1 1 SYSTEM CALLED CSR WILL GENERATE A SERVICE REQUEST, WHICH THEN IS PUSHED INTO A CASE MANAGEMENT DATABASE WE USE CALLED AMANDA, AND THAT GENERATES A CC FOLDER, UM, WHICH IS A CODE COMPLAINT FOLDER.

UM, IF IT'S A SHORT-TERM RENTAL COMPLAINT, UM, WE HAVE PROGRAMMING IN THE BACKGROUND OF THAT THAT WILL ROUTE THAT TO THE SHORT TERM RENTAL ENFORCEMENT TEAM.

UM, STR COMPLAINTS ARE GENERALLY GIVEN A PRIORITY TWO LEVEL IN OUR DEPARTMENT.

UM, THAT EQUATES TO A 24 HOUR TURNAROUND, MEANING THAT WE WILL RESPOND TO THAT COMPLAINT WITHIN 24 HOURS OF RECEIVING IT.

UM, IN MOST CASES, THAT'S ACTUALLY A MATTER OF HOURS THOUGH, IN, IN PRACTICAL PURPOSES.

UM, AND THEN, UH, IT'S ASSIGNED TO, YOU KNOW, ASSIGNED TO THE SHORT-TERM RENTAL INSPECTOR.

UM, THEN THE 3 1 1 SSR IS CLOSED OUT ONCE WE'VE RESPONDED.

UM, BUT THEN WE CONTINUE TO WORK THE CASE IN AMANDA, UM, USING OUR, OUR PERMIT DATABASE THAT WAY.

UM, NEXT SLIDE.

UM, KINDA CARRY THAT FORWARD WITH THE ENFORCEMENT PROCESS AFTER WE RECEIVED A COMPLAINT, INVESTIGATED THE COMPLAINT.

IF WE'RE ABLE TO VALIDATE THE COMPLAINT, UM, THEN WE'LL ISSUE WHAT'S CALLED A NOTICE OF VIOLATION.

UM, THIS IS A FORMAL LETTER THAT'S SENT VIA REGULAR AND CERTIFIED MAIL TO THE PROPERTY OWNER THAT'S LISTED IN THE APPRAISAL DISTRICT.

UM, AND TO, IF IT'S A VIOLATION OF EITHER OPERATING OR ADVERTISING A SHORT-TERM RENTAL WITHOUT A LICENSE, UH, WE'LL PROVIDE THAT PROPERTY OWNER 10 DAYS TO COME INTO COMPLIANCE, EITHER BY DELISTING THE ADVERTISEMENT, UM, CEASING OPERATION, UM, AND APPLYING FOR THE APPROPRIATE LICENSE.

UM, AFTER 10 DAYS, IF THAT, UH, ISSUE IS STILL NOT RESOLVED, UH, THE INSPECTOR HAS THE ABILITY TO ISSUE A CITATION TO THAT PROPERTY OWNER, UH, THROUGH ADMINISTRATIVE HEARING.

UM, IN AN ADMINISTRATIVE HEARING, THAT FINE CAN RANGE ANYWHERE FROM 500 TO A THOUSAND DOLLARS PER CITATION.

UM, WE'LL TRY THE ADMINISTRATIVE HEARING ROUTE SEVERAL TIMES.

IF WE'RE STILL NOT OBTAINING COMPLIANCE, THEN WE'LL SHIFT THE ACTIONS TO MUNICIPAL COURT.

UM, IN MUNICIPAL COURT, THE VIOLATIONS CAN, UH, FINE AMOUNT CAN GO UP TO $2,000 PER EVENT.

UM, AND THEN IF

[00:15:01]

WE STILL FAIL TO GET COMPLIANCE THROUGH MUNICIPAL COURT, UH, WE'LL BEGIN WORKING WITH OUR LAW DEPARTMENT, UH, TO POTENTIALLY PURSUE ACTION IN DISTRICT COURT.

NEXT SLIDE.

UH, WE DO HAVE AN INTERNAL PROCESS, UM, THAT I THINK HAS ACTUALLY BEEN PRETTY EFFECTIVE, UM, FOR US.

UH, WE CALL IT OUR DIRECTED PATROL PROGRAM.

UM, BUT THIS IS A INTERNAL POLICY WE'VE CREATED THAT CREATES A, UH, TRIGGER CRITERIA THAT IF WE HAVE A SPECIFIC ADDRESS OR LOCATION THAT'S RECEIVING MULTIPLE COMPLAINTS, UM, THAT ARE SHORT-TERM RENTAL RELATED, UM, WE WILL PUT THAT EFFECTIVELY ON A INTERNAL LIST AND THEN WE WILL GO BY AND CHECK ON THAT PROPERTY PERIODICALLY, REGARDLESS OF WHETHER A NEW COMPLAINT HAS BEEN RECEIVED OR NOT.

UM, AND THE OTHER BENEFIT OF THIS IS THAT AS PART OF THAT PROGRAM, WE ALSO ATTEMPT TO MAKE CONTACT WITH NEW TENANTS AS THEY COME THROUGH, UM, PROACTIVELY, UM, TO ALERT THEM TO THE FACT THAT, YOU KNOW, IN MANY CASES THEY MAY BE STAYING IN AN UNLICENSED PROPERTY, WHICH MAY OR MAY NOT MEAN ANYTHING TO THE TENANT, BUT, UM, BUT ALSO MAKE THEM AWARE, UM, OF OUR NOISE ORDINANCES AND OTHER NUISANCE REGULATIONS, UM, TO TRY TO PREVENT PARTIES IN NOISE ISSUES BEFORE THEY ACTUALLY OCCUR.

UM, WE THINK THIS IS ONE OF THE MORE BENEFICIAL, UM, TASKS THAT WE HAVE RIGHT NOW.

UM, NEXT SLIDE.

UM, SO GETTING INTO NUMBERS A LITTLE BIT, UH, WE HAVE ROUGHLY 2100 LICENSED SHORT-TERM RENTALS IN THE CITY OF AUSTIN CURRENTLY.

UM, NOW THIS IS NOT A STATIC NUMBER.

UM, THIS BOUNCES AROUND DAY TO DAY BASED ON SHORT-TERM RENTAL LICENSES, EXPIRING NEW APPLICATIONS COMING IN AND BEING APPROVED.

UM, BUT THAT NUMBER TENDS TO STAY IN THE 2100 RANGE.

UM, THAT SAID, UM, WE ESTIMATE THAT THERE ARE AT LEAST FOUR TIMES THAT MANY OPERATING WITHOUT THE REQUIRED LICENSE IN AUSTIN.

UM, BUT ONLY THE HOSTING PLATFORMS HAVE THE ACTUAL TRUE DATA ON THAT.

UM, ABOUT TWO THIRDS OF THE LICENSES WE ISSUE ARE WHAT WE CALL TYPE ONE SHORT-TERM RENTALS.

UM, YOU'LL SEE SOME DESIGNATIONS ON THIS SCREEN OF TYPE ONE, TYPE ONE A, TYPE ONE SECONDARY.

THOSE AREN'T ACTUALLY CODIFIED DISTINCTIONS.

THOSE ARE KIND OF INTERNAL DATA KEEPING, UH, DESIGNATIONS FOR US AS STAFF.

UM, A TYPE ONE IS A KIND OF YOUR STANDARD OWNER OCCUPIED STR.

UM, A TYPE ONE A IS KIND OF, IS WHAT WE CALL THE PARTIAL DWELLING LICENSE, UM, WHICH IS WHERE MORE OF THE COUCH, COUCH SURFING MODEL OF SHORT TERM RENTALS, WHERE YOU'RE RENTING PERHAPS A BEDROOM WITHIN A DWELLING, BUT NOT NECESSARILY THE ENTIRE DWELLING.

UM, AND THEN TYPE ONE SECONDARY WOULD BE THE ADU TYPE SCENARIO.

UM, AND THEN, UH, ABOUT 257 OF THE TOTAL LICENSES ARE THOSE SECONDARY APARTMENT A, DU, WHATEVER NAME YOU WANT TO GIVE THOSE.

UM, SO THAT'S ABOUT 12% OF THE TOTAL LICENSED POPULATION.

UM, ABOUT 11% OF OUR LICENSES ARE TYPE TWO STR.

THE VAST MAJORITY OF THESE, UM, BEING THE GRANDFATHERED VERSION OF TYPE TWOS, MEANING THAT THEY'RE IN A RESIDENTIAL ZONING DISTRICT.

UM, AND THEN ABOUT 17 OF OUR 17% OF OUR LICENSES ARE THE TYPE THREE MULTIFAMILY SHORT-TERM RENTAL LICENSES.

UM, IF YOU LOOK AT DISTRICT COUNTS, UM, IF YOU COMBINE DISTRICT NINE AND THREE, YOU'VE ACCOUNTED FOR ALMOST HALF OF THE S STR R THE LICENSED S STRS IN AUSTIN.

UM, NEXT SLIDE.

UH, SO NOW TALKING ENFORCEMENT CHALLENGES, UM, WHICH ARE MANY.

UM, TENANT CONTACT IS ONE OF OUR BIGGEST CHALLENGES FROM AN ENFORCEMENT PERSPECTIVE FOR US AS CODE INSPECTORS TO PROVE THAT SOMEONE IS OPERATING A SHORT-TERM RENTAL, I ACTUALLY HAVE TO MAKE CONTACT WITH THE TENANT STAYING IN THAT DWELLING AND THAT TENANT NEEDS TO ADMIT TO ME THAT THEY RENTED IT FOR LESS THAN 30 DAYS.

UM, AND SO, YOU KNOW, OUR INSPECTORS ALMOST WORKED OFF OF A, A SCRIPT ON THAT, UM, IN TERMS OF INTRODUCING THEMSELVES, EXPLAINING WHY THEY'RE THERE, UM, AND HOPING THAT THE TENANT WILL OFFER UP THAT.

OH, I, I, YOU KNOW, I JUST, I GOT THIS ON AIRBNB.

OH, THANK YOU FOR THAT INFORMATION.

SO SORRY TO DISTURB YOU.

UM, HOW LONG IS YOUR STAY? OH, I WILL BE GONE BY THURSDAY.

OH, OKAY.

OKAY.

THANK YOU SO MUCH.

SORRY TO BOTHER YOU.

UM, I WANNA MAKE YOU AWARE OF OUR NOISE ORDINANCES.

MAKE SURE YOU UNDERSTAND THAT AFTER 10 O'CLOCK, YOU KNOW, THE NOISE LEVEL NEEDS TO COME DOWN SO IT'S NOT AUDIBLE FROM AN ADJACENT PROPERTY.

BUT OTHERWISE, PLEASE ENJOY YOUR TIME HERE IN AUSTIN.

IF YOU FEEL THERE'S ANYTHING INS UNSAFE YOU'RE ENCOUNTERING, PLEASE CALL 3 1 1 AND WE CAN COME BACK AND VISIT.

[00:20:01]

NOW WE'VE GOT THAT INFORMATION THAT WE CAN NOW PURSUE FROM AN ENFORCEMENT PERSPECTIVE.

UH, BUT IT'S A REAL CHALLENGE TO GET PEOPLE TO CATCH PEOPLE ONE, WHEN THEY'RE HOME.

YOU KNOW, THESE ARE VISITORS TYPICALLY COMING INTO TOWN, SO THEY'RE OUT AND ABOUT MOST OF THE TIME.

UM, TWO, A LOT OF PEOPLE DON'T OPEN THEIR DOORS THESE DAYS.

UM, SO JUST GETTING SOMEONE TO OPEN THE DOOR AND TALK TO US IS DIFFICULT.

UM, AND WE'VE EVEN SEEN SCENARIOS WHERE, UM, IT APPEARS THAT THE GUESTS HAVE ACTUALLY BEEN COACHED OR PROVIDED A SCRIPT TO OPERATE ON, UM, TO ESSENTIALLY INFORM THEM TO EITHER NOT TALK TO US OR NOT ADMIT THAT YOU'RE HERE FOR LESS THAN 30 DAYS.

UM, AND SO THAT PRESENTS A CHALLENGE FOR US WHEN, WHEN WE CAN'T GET THAT ADMISSION.

UM, ADVERTISING, UH, PROVING UP AN ADVERTISEMENT IS ALSO A CHALLENGE FROM AN ENFORCEMENT PERSPECTIVE.

IF YOU'VE EVER VISITED THE HOSTING PLATFORM WEBSITES, UH, YOU'RE PROBABLY FAMILIAR WITH THE FACT THAT YOU DON'T FIND OUT THE ADDRESS OF THE DWELLING YOU'RE RENTING UNTIL AFTER YOU BOOK IT.

UM, YOU'LL GET A MAP THAT WILL GIVE YOU A RADIUS THAT SHOWS YOU THE GENERAL AREA OF WHERE THE SHORT-TERM RENTAL IS, UM, BUT NO SPECIFIC ADDRESS INFORMATION.

UM, OUR INSPECTORS WILL UTILIZE THE PHOTOS IN THE ADVERTISEMENT TO TRY TO FIGURE OUT WHAT HOUSE IT IS.

SOMETIMES THEY MAKE THAT VERY EASY FOR US, AND THEY'LL PROVIDE A PICTURE OF THE FRONT OF THE HOUSE, AND THAT'S VERY SIMPLE.

UM, BUT I THINK HOSTS ARE BEGINNING TO UNDERSTAND OUR METHODS AND WE'RE FINDING MORE AND MORE ADVERTISEMENTS ONLY INCLUDE INTERIOR PHOTOS OF THE DWELLING, WHICH OF COURSE MAKES IT VERY DIFFICULT FOR US TO FIGURE OUT WHAT KITCHEN OR WHAT BATHROOM THAT BELONGS TO IN TERMS OF AN ADDRESS.

UM, WE DO GET CREATIVE.

UM, OUR INSPECTORS WILL LOOK AT, YOU KNOW, WEBSITES LIKE ZILLOW AND TRY TO LINE UP FOR, YOU KNOW, THAT HOUSE WAS FOR SALE A YEAR AGO, AND THERE'S PHOTOS ON THERE, AND THEN TRY TO MATCH THOSE UP WITH THE PHOTOS BEING USED IN THE ADVERTISEMENT.

UH, WE'VE HAD INSPECTORS THAT GO TO THE EXTENT OF ACTUALLY LOOKING AT A INTERNAL PHOTO OF LIKE A BATHROOM THAT HAS A WINDOW.

AND IF YOU LOOK OUT THAT WINDOW, YOU'LL SEE A DISTINCT BLUE HOUSE ACROSS THE STREET.

SO THEN YOU FIGURE OUT WHERE THE BLUE HOUSE IS AND THEN YOU KIND OF TRIANGULATE YOURSELF BACK TO GO, AHA, THAT'S THE HOUSE RIGHT THERE.

UM, BUT THAT'S TIME CONSUMING.

UM, DOESN'T ALWAYS WORK .

UM, SO THAT'S DEFINITELY A BIG CHALLENGE FOR US.

UM, AS WE TALKED ABOUT EARLIER, THE COURT RULINGS HAVE IMPACTED SOME OF THE REGULATIONS, UM, AND THE TOOLS WE HAVE AVAILABLE TO US.

UM, NOISE COMPLAINTS ARE ANOTHER ISSUE THAT I LIKE TO DISCUSS.

UM, THE ISSUE OF DOCE IS CHALLENGING FROM A CODE INSPECTOR PERSPECTIVE.

UM, IT'S IMPORTANT TO UNDERSTAND THAT WE ARE NOT PEACE OFFICERS.

WE ARE NOT EQUIPPED IN THE SAME MANNER THAT A PEACE OFFICER IS.

WE ARE NOT, WE DO NOT HAVE THE SAME LEGAL ABILITIES THAT A PEACE OFFICER HAS.

UM, AND WE'RE NOT TRAINED IN THE SAME WAYS THAT A PEACE OFFICER IS.

UM, AND SO WITH NOISE COMPLAINTS, THAT CAN BE A VERY DANGEROUS SITUATION FOR A CODE INSPECTOR TO GO INTO.

UM, YOU KNOW, TYPICALLY YOU'RE TALKING ABOUT NOISE COMPLAINTS HAPPENING AT NIGHT.

UM, THE CODE INSPECTOR IS OUT THERE BY THEMSELVES IN THE DARK, UM, SOMETIMES IN FAIRLY ISOLATED LOCATIONS.

UM, AND ALMOST INEVITABLY THERE'S ALCOHOL INVOLVED IN THAT SITUATION.

UM, AND SO, YOU KNOW, THAT'S PUTTING A, A CODE INSPECTOR IN A VERY PRECARIOUS POSITION AND THE CODE INSPECTOR HAS NO AUTHORITY TO ADDRESS THE ISSUE THAT'S HAPPENING AT THE MOMENT.

I, AS A CODE INSPECTOR, I HAVE NO ABILITY TO TELL YOU TO TURN THAT DOWN OR YOU'RE GOING TO JAIL.

I CANNOT DO THAT.

I CAN ASK YOU VERY POLITELY, BUT I CAN'T ACTUALLY MAKE YOU DO ANYTHING.

UM, ALL OF MY ACTIONS ARE AGAINST THE PROPERTY OWNER, WHICH DOES NOT SOLVE THE NOISE COMPLAINT IN THE MOMENT.

IT MIGHT ADDRESS IT DOWN THE ROAD, BUT IT DOESN'T SOLVE IT IN THE MOMENT, WHICH IS WHAT THE NEIGHBOR IS WANTING.

UM, SO THAT'S A REAL CHALLENGE FOR US.

UM, AND THEN LASTLY, I'LL TALK ABOUT THE PLATFORMS. UM, THIS IS ALSO A CHALLENGE AS IT STANDS RIGHT NOW, WE HAVE NO COOPERATION FROM THE PLATFORMS. UM, THEY WILL NOT VOLUNTARILY REQUIRE A PROPERTY TO PROVE UP ITS LICENSE BEFORE THEY'LL ADVERTISE IT.

UM, THEY WON'T, THEY WILL NOT SHARE THEIR DATA WITH US, SO THEY WON'T GIVE US A LIST OF ADDRESSES THAT ARE BEING ADVERTISED ON THEIR PLATFORM.

UM, THEY CERTAINLY KNOW THEM, BUT THEY WILL NOT GIVE THAT INFORMATION TO US.

UM, AND SO LACKING THAT COOPERATION, UM, IT CREATES A LARGE SCALE WHACK-A-MOLE GAME FOR US WHERE WE FEEL LIKE WE'RE KIND OF CHASING OUR TAIL AROUND LIKE, OH, THERE'S AN STR GET IT.

OH WAIT, NOPE, THERE'S ANOTHER ONE OVER THERE.

NOW GET THAT ONE AND IT, AND, OH, THAT ONE POPPED BACK UP.

LET'S GO GET, AND

[00:25:01]

IT'S, IT'S, IT'S A VERY IT'S A LARGE SCALE PROBLEM.

UM, AND WITH THESE ISSUES, IT'S BEEN A REAL CHALLENGE FOR US TO EFFECTIVELY ENFORCE AS THE, YOU KNOW, THE EVIDENCE LAYS OUT, GIVEN THAT WE BELIEVE THEY'RE, WE HAVE AT BEST A 20% COMPLIANCE RATE, UM, IN THE CITY.

UM, SO IT, IT'S DEFINITELY BEEN A CHALLENGE.

UM, JUST, UH, THINGS ON THE HORIZON.

UH, WE ARE EXPLORING, LOOKING AT THIRD PARTY SOFTWARE VENDORS TO ASSIST US IN SOME OF THESE ACTIVITIES IN TERMS OF IDENTIFYING THE ADDRESS FOR AN ADVERTISEMENT, UM, AND ALSO HELPING US JUST WITH THE PROCESSING OF SHORT-TERM RENTAL APPLICATIONS THEMSELVES.

UM, WE HAD TRIED THIS BACK IN 2019, UM, DIDN'T FIND IT VERY EFFECTIVE.

UM, ONE OF THE MAJOR ISSUES WAS THAT IT, WHAT WE WERE GIVEN BY THE SOFTWARE VENDOR BASICALLY BECAME A LIST OF LEADS, UM, THAT WE STILL HAD TO KIND OF GO PROVE.

AND IT, WE STILL HAD TO GO FIND THE EVIDENCE FOR, UM, WE DO BELIEVE THAT THAT PARTICULAR INDUSTRY, UM, THAT'S THAT THIRD PARTY SOFTWARE INDUSTRY THAT SELLS MUNICIPALITIES LICENSES TO ACCESS THEIR SCRAPED DATA.

SO THEY, THEY GO ONTO THE PLATFORM, SCRAPE DATA OFF OF THOSE WEBSITES, PUT IT THROUGH THEIR ALGORITHMS AND AI, AND HELP I TO IDENTIFY ACTUAL ADDRESS POINTS, UM, AND TRY TO LINK THOSE TO OWNERS.

UM, IT FEELS LIKE THOSE INDUSTRIES HAVE TAKEN A STEP FORWARD IN THE LAST COUPLE OF YEARS, UM, IN TERMS OF THEIR CAPABILITIES.

SO WE ARE EXPLORING THAT.

UM, BUT THAT'S PRETTY MUCH WHAT WE HAVE ON THE HORIZON FOR NOW THAT WOULD HAVE ANY REAL IMPACT ON SOME OF THE ISSUES THAT WE'VE TALKED ABOUT ALREADY.

UM, NEXT SLIDE.

AND THAT GETS ME TO THE END OF MY PRESENTATION, SO I'M AVAILABLE FOR ANY QUESTIONS.

AND THANK Y'ALL FOR YOUR TIME.

ANYBODY HAVE ANY QUESTIONS? YES, COMMISSIONER ON THE SCREEN.

GO AHEAD.

OKAY.

UM, I'VE GOT TWO QUESTIONS.

FIRST ONE, HOW MUCH DOES IT COST TO OBTAIN A LICENSE? AND THEN IS THERE A DEADLINE FOR WHICH THEY RENEW THAT LICENSE EACH YEAR? THAT'S MY FIRST QUESTION.

SURE.

UM, I'D HAVE TO LOOK AT THE FEE SCHEDULE TO GIVE YOU AN EXACT NUMBER, BUT THE LICENSE COST IS SOMEWHERE IN THE NEIGHBORHOOD OF $650.

UM, AND THAT, THAT IS REQUIRED TO BE RENEWED ANNUALLY.

SO IT'S GOOD FOR 12 MONTHS.

IS THERE A DEADLINE FOR TO THE RENEW THAT YEAR? LIKE JANUARY 31ST OR MARCH? NO, SO IT'S 12 MONTHS FROM THE DATE OF ISSUANCE.

OKAY.

UM, SO IF THEY, YOU KNOW, OBTAIN IT ON AUGUST 1ST, THEN THEY HAVE TO RENEW IT BY JULY 31ST THE FOLLOWING YEAR.

AND THEN MY SECOND QUESTION IS, UM, IN 20, IF YOU OBTAIN A LICENSE, LIKE IN 2016, DO THOSE REQUIREMENTS FOR STR TWO TYPE TWO DIFFER FROM TODAY? I GUESS, OR I GUESS WHAT MAKES A DIFFERENCE BETWEEN THE YEAR 2016 AND TODAY FOR DIFFERENT TYPES OF STR LICENSES? UH, THE SIGNIFICANCE IS FROM THE COURT RULINGS.

UM, 2016 WAS THE LAST TIME AUSTIN REVISED ITS SHORT-TERM RENTAL REGULATIONS.

UM, AND ONE OF THE THINGS THAT WAS PUT IN AT THAT TIME WAS THE SUNSET CLAUSE FOR TYPE TWO STR AND RESIDENTIAL ZONING DISTRICTS.

UM, WITH THAT ZATARI RULING THAT WE TALKED ABOUT THAT PROHIBITED THE CITY FROM CARRYING FOR THAT SUNSET PROVISION.

UM, AND THEN THE ANDING CASE KIND OF PIGGYBACKED ON THAT TO A CERTAIN EXTENT, SAYING THAT, EFFECTIVELY SAYING THAT ANYONE WHO OWNED THEIR PROPERTY PRIOR TO 2016 WHEN AUSTIN MODIFIED ITS SHORT-TERM RENTAL REGULATIONS, UM, IS ESSENTIALLY ALREADY BEEN GIVEN THE RIGHT TO A SHORT-TERM RENTAL LICENSE, UM, BY VIRTUE OF OWNING IT PRIOR TO THAT CHANGE.

IF THAT MAKES SENSE.

YEAH.

AND WHERE IT'D BE PRE 2016 AND POST 2016 OR THE REQUIREMENT'S DIFFERENT? UM, YEAH, THERE'S NOT A, AT LEAST FROM THE THE WRITTEN ORDINANCE PERSPECTIVE, THERE'S NOT A REGULATORY DIFFERENCE BETWEEN PRE PRE 2016 AND POST 2016 FOR STR TWO APPLICATIONS.

NOW THE, THE BIG IMPACT IS FROM THE HIAL STARK RULING AND THE ING RULING, UM, THAT HAS, THAT TELLS THE CITY THAT ANYWHERE WE MAKE TYPE ONES AVAILABLE, WE HAVE TO ALSO MAKE TYPE TWOS AVAILABLE.

GOTCHA.

THANK YOU.

COMMISSIONER GREENBERG, YOU HAD A QUESTION? UM, YEAH, SO IT'S ABOUT THE HOTEL TAXES.

SO THE FACT OF REGISTERING STILL DOESN'T GUARANTEE THAT TAXES ARE PAID APPROPRIATELY OR DOES IT HELP? UH, IT CERTAINLY HELPS.

NOW I NEED TO BE CLEAR,

[00:30:01]

UH, THE CODE COMPLIANCE DIVISION IS NOT INVOLVED IN THE COLLECTION OF THE HOT, UM, THAT'S DONE THROUGH THE CITY'S CONTROLLER'S OFFICE.

UM, BUT WHEN WE GO THROUGH THE LICENSING PROCESS, WE ENSURE THAT THE APPLICANT HAS SET UP THEIR ACCOUNT WITH A CITY CONTROLLER SO THAT WE KNOW THEY HAVE THE VENUE AND AVENUE TO PAY THAT HOT TO THE CITY.

AND SO I THINK FROM THAT PERSPECTIVE, I THINK HAVING A LICENSE HELPS 'CAUSE IT ENSURES THAT THAT STRUCTURE'S IN PLACE.

UM, WHEREAS IF, IF THERE WAS NOT A LICENSE, THEN THERE'S NOTHING THAT'S KIND OF FORCING THEM TO THE TABLE TO GO OPEN THAT ACCOUNT.

OKAY.

GOT IT.

AND IN NEW YORK CITY THERE'S BEEN A CRACKDOWN, UM, SOME OF WHICH WOULD NOT BE A OPTION HERE, BUT, UM, MY UNDERSTANDING IS THAT THEY'RE DOING A LOT BETTER JOB OF FORCING THE PLATFORMS TO MAKE THIS, YOU KNOW, MAKE SURE THAT THERE'S, UM, REGISTRATION WITH THE CITY.

DO YOU HAVE ANY IDEA HOW THEY'RE DOING THAT? I DON'T HAVE A LOT OF INSIGHT INTO THAT, NO.

OKAY.

'CAUSE THAT'S PROBABLY WHAT NEEDS TO BE DONE HERE, UM, TO MAKE SURE THAT AT LEAST THEY'RE REGISTERED.

SURE.

OKAY.

AND WE HAVE A HAND UP.

I THOUGHT THERE WAS ANOTHER GO AHEAD, BRIAN.

YEAH.

YEAH.

THANK YOU.

UM, COMMISSIONER JOHNSON, THANK YOU FOR YOUR PRESENTATION.

UH, I GUESS I, I SORT OF HAVE TWO QUESTIONS.

ONE, UM, HAVE YOU LOOKED AT WHAT OTHER YOU, MEANING YOU OR OTHER STAFF MEMBERS LOOKED AT WHAT OTHER TEXAS CITIES, UH, HAVE DONE TO REGULATE SHORT-TERM RENTALS? YOU KNOW, DALLAS, HOUSTON, SAN ANTONIO, UM, UNDERSTANDING THAT THEY WOULD OPERATE IN THE SAME LEGAL FRAMEWORK AS AUSTIN? UM, AND I GET MY SECOND QUESTION WOULD BE, WELL, I'LL HOLD IT UNTIL, UNTIL YOU ANSWER THE FIRST.

SURE.

UH, WE'VE DONE SOME LIMITED LOOK AT WHAT OTHER CITIES HAVE TAKEN, UH, IN TERMS OF REGULATORY APPROACHES IN TEXAS.

UM, IT'S A VERY ACTIVE, UH, LITIGIOUS ENVIRONMENT AT THE MOMENT.

UM, I BELIEVE FORT WORTH IS CURRENTLY UNDER LITIGATION REGARDING THEIR SHORT-TERM RENTAL REGULATIONS.

I BELIEVE THE CITY OF DALLAS IS UNDER LITIGATION.

UM, THERE'S BEEN SOME OTHER SMALLER CITIES THAT HAVE ALSO BEEN THROUGH THAT PROCESS.

UM, SO IT'S A, IT'S A DYNAMIC FIELD AT THE MOMENT IN TERMS OF WHAT THE, WHAT THE, THE, THE RULES OF PLAY ARE.

UM, SURE.

WE'VE LOOKED AT SOME OTHER CITIES IN TEXAS.

UM, I'M ACTUALLY LOOKING AT BRINGING ON AN INTERN HERE IN THE NEXT MONTH OR SO TO HELP US WITH THAT PROCESS OF JUST KIND OF DOING THAT REVIEW, UM, OF WHAT REGULATIONS EXIST IN OTHER CITIES, PARTICULARLY IN TEXAS, UM, BECAUSE THAT'S BENEFICIAL TO US.

'CAUSE AT LEAST WE KNOW IT'S THE SAME LEGAL ENVIRONMENT, UM, RIGHT.

IT'S, IT'S MORE DIFFICULT TO CROSS COMPARE TO CITIES IN OTHER STATES.

'CAUSE YOU DON'T KNOW THAT THE, THE STATE LEVEL RULES MAY NOT BE THE SAME.

RIGHT.

THAT MAKES SENSE.

UM, I GUESS MY SECOND QUESTION THEN IS, IS AS FAR AS YOU UNDERSTAND IT, IS THERE ANYTHING PREVENTING THE CITY FROM REGULATING SHORT, SHORT-TERM RENTALS? JUST AS A LAND USE WITH ZONING AS WE DO WITH OTHER LAND USES? IN OTHER WORDS, WITHOUT DISTINGUISHING BETWEEN TYPES, WHICH TO ME SEEMS TO BE THE BASIS OF A LOT OF ILLEGAL PROBLEMS, JUST SIMPLY LISTING AND DEFINING SHORT-TERM RENTAL AS A LAND USE AND EITHER PROHIBITING OR ALLOWING IT IN DIFFERENT ZONING DISTRICTS? UH, I MEAN, TO A CERTAIN EXTENT OUR CURRENT REGULATIONS ALREADY DO THAT.

UM, WE HAD, WE HAD THE TYPE TWO REGULATIONS THAT MADE IT A PERMITTED USE IN SEVEN COMMERCIAL DISTRICTS.

UM, YEAH.

AND THEN WE ALLOW, IT'S A PERMITTED USE, UM, ON THE PERMITTED USE CHART IN RESIDENTIAL DISTRICTS FOR TYPE ONE AND TYPE THREE.

UM, SO NO, YOU'RE, YOU'RE CORRECT.

I'M NOT AWARE OF ANY LIMITATION THE CITY HAS IN TERMS OF ESTABLISHING ZONING DISTRICTS AND THEN EITHER MAKING IT A PERMITTED CONDITIONAL OR, YOU KNOW, PROHIBITED USE, UM, WITHIN THAT CATEGORY.

OKAY.

THE ISSUE WOULD MOSTLY BE ENFORCEMENT.

THE SAME PROBLEMS YOU HAVE TODAY WITH, WITH BASICALLY GETTING SOMEONE TO ADMIT THEY'RE A SHORT TERM RENTAL IN THE FIRST PLACE.

YEAH.

THAT, THAT SCHEME WOULDN'T NECESSARILY ADDRESS ANY OF THOSE PROBLEMS. UM, AND THEN I THINK KIND OF THE OVERRIDING ISSUE TOO IS THERE'S STILL THAT ACKNOWLEDGEMENT THAT BASED ON THE ING DECISION, ANYONE WHO'S OWNED THEIR PROPERTY PRIOR TO 2016 WOULD BE ENTITLED TO A LICENSE REGARDLESS OF HOW WE CHANGE OUR ZONING ALLOWANCES.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? I THINK THAT'S IT.

THANK YOU VERY MUCH.

APPRECIATE IT.

THANK YOU VERY MUCH.

[14. Nominate a member to serve on the Small Area Planning Joint Committee.]

I BELIEVE WE HAVE AN ITEM 14 NOMINATION OF A MEMBER TO SERVE ON A SMALL AREA

[00:35:01]

JOINT COMMITTEE.

DOES ANYBODY WANNA NOMINATE ANYBODY TO SERVE ON THE SMALL AREA JOINT COMMITTEE? I VOLUNTEER.

YOU WILL VOLUNTEER.

ALL THOSE IN FAVOR? YOU HAVE BEEN VOLUNTEERED.

.

ALL RIGHT.

UH,

[FUTURE AGENDA ITEMS]

WITH THAT, I THINK WE ARE ANY FUTURE AGENDA ITEMS? MM-HMM? ? YES.

WHAT WAS IT? CHAIR, COMMISSIONER, LAY LIAISON.

ANDREW RIVERA.

SO, UM, OH YEAH, THE ONE YOU GOT.

WE, UM, I BELIEVE AT THIS TIME, IF THE COMMISSION, IF IT'S THE COMMISSION'S DESIRE, WE CAN IMPLEMENT A DONATION OF TIME.

UM, WE'LL JUST NEED TO FIGURE OUT, UM, WHAT, UH, HOW YOU WANT TO, UM, UH, MAKE THAT RULE.

UM, I WOULD SUGGEST THAT IT, UM, WELL, I WON'T DELVE INTO IT RIGHT NOW, BUT THAT COULD BE A FEATURE ITEM.

OKAY.

IF WE MAKE A MIRROR, THE PLANNING COMMISSION, DO WE ALREADY HAVE RULES THAT ALLOW IT OR WERE THE RULES CHANGED WHEN WE STOPPED ALLOWING IT? CHAIR COMMISSION LAY ON THERE.

SO WHEN WE, UH, WENT TO HYBRID? YES.

UM, THE, UM, THOSE, UM, RULES, UM, OR PAUSED OR STOPPED.

SO, UM, WE CAN CERTAINLY, UH, GO BACK TO, UM, THAT.

BUT UM, AGAIN, UH, WHAT'S THAT? WE COULD DELVE WITH THAT IN AT A FUTURE TIME.

OKAY.

I'M A LITTLE LOST THERE.

WHAT'S THAT DONATION OF TIME? IF SOMEONE IS HERE IN THE AUDIENCE AND THEY ARE SUPPORTING OR NOT SUPPORTING AN ITEM AND THEY WANNA DONATE THEIR TIME TO SOMEBODY ELSE, THEY CAN DO THAT.

AH, GOTCHA.

OKAY.

PROBLEM WE RAN INTO WHEN WE WERE ON ZOOM.

YOU CAN'T CLAIM THAT YOU'RE HERE ON ZOOM.

MM-HMM.

OTHERWISE YOU JUST WOULD, DOESN'T WORK.

JUST THE ONE'S IN PERSON.

YEAH.

SO YOU GOTTA BE HERE IN PERSON.

YOU HAVE TO BE IN PERSON.

YEAH.

OKAY.

SO IT'S DONE IN PLANNING COMMISSION, BUT NOT HERE.

I MEAN, I DON'T, I DON'T OTHER RULES THINK THEY, THEY BROUGHT SOME NEW RULES.

SURE.

SO, UM, THE LAST MEETING, UM, WE HAD, UM, THE, UM, HOPE AMENDMENTS AND SO TO, UM, ASSIST WITH THE, UM, WITH THE PUBLIC, UH, PROVIDING, UM, INFORMATION.

UH, THAT WAS THE FIRST TIME IT WAS IMPLEMENTED SINCE, UH, THE HYBRID AND IT WENT WELL.

OKAY.

UM, BUT UH, YEAH, IF JUST TWO MEMBERS WANT TO SPONSOR THE ITEM, UH, THEN WE CAN, UH, DISCUSS IT AND, UM, CONSIDER ADOPTING IT.

OKAY.

GOTCHA.

YOU'LL BRING THAT WE'RE SPONSORING.

BRING THAT TO US NEXT TIME.

UH, CODES AND ORDINANCES.

JOINT COMMITTEE.

ANYTHING IN THE LAST WEEK? NO, NO.

ATIVE PLAN.

JOINT COMMITTEE DID NOT MEET IN THE LAST WEEK.

SMALL AREA PLANNING JOINT COMMITTEE? NO.

UH, OUR NEXT MEETING WILL BE DECEMBER 13TH.

ALL RIGHT.

LAST ITEM.

ADJOURNMENT.

WE ARE ADJOURNED.

THANK YOU.

THANK YOU.

THANK Y'ALL VERY MUCH.