Loading...
HomeMy WebLinkAboutPC Agenda Packet 2024-01-24 REGULAR MEETING AGENDA PLANNING COMMISSION January 24, 2024 6:00 - 8:00 PM Notice is hereby given that the Port Angeles Planning Commission will meet on Wednesday, January 24, 2024, starting at 6:00 p.m. in the City Council Chambers in City Hall located at 321 E. 5th Street, Port Angeles, WA. This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Committee members, and City staff have the option to attend the meeting in person at City Hall or remotely through the Webex virtual meeting platform. For those planning to attend remotely, learn how to watch the meeting live and participate during the public comment period by visiting: https://www.cityofpa.us/Live-Virtual-Meetings. For audio only please call: 1-844-992-4726 Use access code: 2558 355 2484 Webinar password: Jan242024 (52624202 from phones and video systems) Once connected press *3 to raise your virtual hand, if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code will only work for the January 24, 2024 meeting. If you are joining the meeting through the Webex link and wish to make a comment or provide public testimony, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. Virtual Webex Meeting Link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m53ca547e910bd95943506a08913830ab The meeting is open to the public. I. CALL TO ORDER II. ROLL CALL III. PUBLIC COMMENT IV. APPROVAL OF MINUTES Minutes of the December 27, 2023 Regular Meeting V. PUBLIC HEARING 1. Short-Term Lodging – Title 17 Port Angeles Municipal Code Amendment Public hearing for Municipal Code Amendment No. 23-80 proposing Title 17 Port Angeles Municipal Code (PAMC) amendments to adopt short-term lodging regulations January 24, 2024 Planning Commission Agenda Packet Page 1 of 17 applicable to short-term rentals and bed and breakfasts. The proposal includes the adoption of Chapters 17.23 and 17.24 PAMC and the repeal of Chapter 17.18 PAMC. VI. STAFF UPDATES VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT January 24, 2024 Planning Commission Agenda Packet Page 2 of 17 January 24, 2024 Planning Commission Agenda Packet Page 3 of 17 MINUTES PLANNING COMMISSION Hybrid Meeting – In Person and Virtual City Council Chambers: 321 E 5th Street, Port Angeles, Washington 98362 December 27, 2023, at 6:00 P.M. REGULAR MEETING CALL TO ORDER Chair Stanley opened the meeting at 6:03 P.M. ROLL CALL Commissioners Present: Benjamin Stanley (Chair) Tammy Dziadek Marolee Smith James Taylor Commissioners Absent: Richie Ahuja Colin Young City Staff Present: Ben Braudrick (Planning Supervisor) Zach Trevino (Associate Planner) Public Present: Chelsea Botero, Mandy Gallacci, Christian Hampp, John Ralston, additional unidentified members of the public PUBLIC COMMENT Chair Stanley opened the meeting to general public comment. The following individual provided comment: • John Ralston commended the PC on changes to cottage housing and other recent code amendments. He has no vested interest in short-term rentals but supports them. He stated that City staff and the Planning Commission have spent too much time on short- term rentals. He noted that the online short-term rental survey is difficult to comprehend and suggested that the City should allow for 4-5% of its housing stock to be short-term rentals. Chair Stanley closed the meeting to general public comment. APPROVAL OF MINUTES MOTION: Commissioner Smith moved to approve the minutes from the November 29, 2023 special meeting of the Planning Commission. The motion was seconded by Commissioner Dziadek and passed unanimously (4-0) through a consent vote. January 24, 2024 Planning Commission Agenda Packet Page 4 of 17 Planning Commission Minutes December 27, 2023 Page 2 ACTION ITEMS 1. Façade and Sign Improvement Program Grant Application No. 23-03 Planner Trevino provided an overview of the grant request for improvements to a façade at 629 E Front Street. The applicant, Christian Hampp, declined to provide a presentation but offered to answer questions. Staff’s presentation was followed by an opportunity for the Planning Commission to ask questions of staff and the applicant. The Planning Commission discussed the request and provided feedback to the applicant on the proposed scope of work. Chair Stanley moved to approve FSG Application No. 23-03 as proposed by the applicant. The motion died for lack of a second. Commissioner Smith moved to consider FSG Application No. 23-03 at a later date when the applicant resubmits the request with alternative options, with other contractor bids, and with signage incorporated. The motion died for lack of a second. Chair Stanley stated that the applicant is welcome to contact staff about resubmitting the application, but that the Planning Commission is not approving the application at this meeting. Planner Braudrick confirmed that staff will work with the applicant to prepare an amended submittal. 2. Façade and Sign Improvement Program Grant Application No. 23-04 Planner Trevino provided an overview of the grant request for improvements to a structure at 619 E First Street. The applicant’s representative, Chelsea Botero, presented the applicant’s request for grant funding. The Planning Commission discussed the request and asked the applicant questions regarding the proposed scope of work. The Planning Commission expressed an intent to fund signage improvements, which were not originally requested for funding under FSG Application No. 23-04. Commissioner Smith moved to approve funding of FSG Application No. 23-04 as presented by the applicant, with the addition of funding for the proposed sign. The motion was seconded by Commissioner Dziadek and passed unanimously (4-0) through a roll call vote. STAFF UPDATES City staff provided the following updates to the Commission: • Planner Braudrick acknowledged the long email that was distributed to the Planning Commission and urged the Commissioners to contact staff if they have questions about it. He explained that he wanted the email to provide as much information as the Commission would need about the work plan for 2024 and 2025. He explained that there was availability for the November meeting to discuss housing, but the Commission’s upcoming work plan will be busy. He confirmed that staff will try to incorporate discussions into future meetings. • Planner Braudrick stated that staff received direction from the City Council to proceed with an outreach program for short-term rentals. He noted that staff will be present at the Winter Ice Village for a listening post the night of December 28th. Staff will be present at the Port Angeles Farmer’s Market on January 6th. He explained that there will be a special January 24, 2024 Planning Commission Agenda Packet Page 5 of 17 Planning Commission Minutes December 27, 2023 Page 3 Planning Commission meeting on January 11th for a community outreach event. He explained that a public hearing for the short-term lodging draft code will occur on January 24, 2024 in front of the Planning Commission. He urged the Commissioners to keep January 11th and January 24th open on their schedules. • Planner Braudrick confirmed that the Port Angeles Comprehensive Plan Periodic Update effort will be moving forward soon. Commissioner Smith asked why she was unable to access Laserfiche online. Planner Braudrick explained that the website limits the number of users that can use the portal at any one time and invited her to contact staff for assistance. REPORTS FROM COMMISSION MEMBERS • Commissioner Taylor read the short-term rental survey and saw wording issues. He asked whether it would be typical for a survey to come before the Commission for its approval before it was launched. He noted that the infill exemptions in the fee schedule have confusing wording and the Commission could help the City clarify the wording. • Commissioner Taylor stated that he would have liked to have heard about the permit- ready plan sets from City staff instead of the Peninsula Daily News. • Chair Stanley stated that he believes the housing discussion at the last Planning Commission meeting was productive. He stated that the Chair has the power to set some agenda items. He also noted that the Planning Commission should have time to discuss housing. He expressed disappointment at staff’s directive regarding this matter. He will keep pushing to improve housing in Port Angeles and wants housing on future meeting agendas. • Commissioner Taylor asked when the new Planning Commission seats will be filled. Planner Braudrick confirmed that applications have been received and the positions will be filled in March. Chair Stanley recommended that the election of a Vice Chair be added to the next meeting. ADJOURNMENT Chair Stanley moved to adjourn the meeting. The motion was seconded by Commissioner Smith and passed unanimously (4-0) through a consent vote. The meeting was adjourned at 7:13 PM. Zach Trevino, Secretary Benjamin Stanley, Chair MINUTES PREPARED BY: Zach Trevino, Secretary January 24, 2024 Planning Commission Agenda Packet Page 6 of 17 January 24, 2024 Planning Commission Agenda Packet Page 7 of 17 January 24, 2024 | Page 1 of 10 TO: Planning Commission FROM: Department of Community and Economic Development DATE: Wednesday, January 24, 2024 RE: Municipal Code Amendment No. 23-80 - Short-term Lodging Regulations and Licensing STAFF REPORT CONTENTS I. Background and Overview .......................................................................................................... 1 II. Outreach, Engagement and Public Notice Procedures ............................................................. 3 III. Public Comment ........................................................................................................................ 4 IV. Findings of Fact & Staff Analysis ............................................................................................... 5 VII. Recommendation ................................................................................................................... 10 VIII. Appendices ............................................................................................................................ 10 I. BACKGROUND AND OVERVIEW Short-Term Lodging can impact communities in many ways. Short-Term Lodging options provide accommodations to tourists, contribute lodging and sales tax to communities, and are a source of income for residents who own and operate them. Short-Term Lodging can also impact housing attainability for residents and may affect long-term housing stock. In order to balance local economic development and tourism services with our community’s long-term housing needs, the City of Port Angeles has initiated updates to the Port Angeles Municipal Code (PAMC). The goal is to establish a fair and transparent licensing system and more effectively regulate short-term lodging operations – specifically short-term rentals (STRs) and bed-and-breakfasts – in Port Angeles. In 2017, Ordinance 3577 was passed amending Title 17 of the Port Angeles Municipal Code. This ordinance provided a definition for Short-Term Rentals (STRs) for the first time in Port Angeles’ municipal history. It also listed STRs as an allowed use in the Residential Medium Density (RMD) zone, Residential High Density (RHD) zone, and in all of the City’s Commercial zones, except for the Commercial Office (CO), where STRs require a Conditional Use Permit. Prior to Ordinance 3577, STRs were excluded as a use and not allowed within city limits. January 24, 2024 Planning Commission Agenda Packet Page 8 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 2 of 10 In 2020, the City contracted with Madrona Law Group to examine the entirety of the City’s municipal code for compliance with existing state and federal statutes to ensure proper management and enforcement of provisions such as code enforcement, fee structures, licenses, and general provisions; provide consistency and readability throughout; and reduce redundancy. During that process, a community survey yielded resident feedback on several critical issues. Short-term rental regulations were included in that survey, and 55% percent of the respondents felt that some regulation of short-term rentals was necessary. Seven percent of respondents felt that STRs should not be allowed at all. On June 6, 2023, the City Council adopted an ordinance establishing a limited moratorium on certain new short-term rentals. The limited moratorium, which took effect June 16, 2023, and ended on December 16, 2023, did not ban all short-term rentals within City limits. Instead, its purpose was to prohibit the establishment of new short-term rentals located within Residential Medium-Density and Residential High-Density zones. The limited moratorium did not impact: • Existing short-term rentals that are compliant with current zoning requirements. • New short-term rentals located in commercial zones. • The rental of rooms within a house where the owner resides. • Owners who rent out their homes while on vacation or where the entire housing unit is rented out for 30 days or less during the calendar year. On that same date, the City Council authorized staff to contract with GovOS, Inc. to support the regulation of short-term rentals. A contract was signed on June 29, 2023. The steps identified for the regulatory process include: • Complete an inventory of all short-term rental properties within City limits. This inventory will indicate which properties are allowed within the zoning designation, which are registered as short-term rentals, and how much lodging tax is being generated. • Bring non-registered properties used as short-term rentals into compliance. This includes public and stakeholder engagement strategies and drafting regulations for a program to license and create a fee schedule for existing and future STR operations in compliance with zoning designations. • Implement a combined licensing/fee submission portal and compliance program. City staff have drafted separate regulatory approaches for short-term rentals and bed-and- breakfast operations. January 24, 2024 Planning Commission Agenda Packet Page 9 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 3 of 10 • NEW Chapter 17.23 PAMC - Short-Term Rentals, containing proposed regulatory measures for short-term rental operations; and • NEW Chapter 17.24 PAMC - Bed And Breakfasts, contained proposed regulatory measures for bed-and-breakfast operations • REPEALED Chapter 17.18 Bed and Breakfast, containing existing regulations for bed and breakfast operations as conditional uses; Specific to short-term rentals, staff are proposing five separate regulatory alternatives that will determine where and how potential STRs may operate based upon location and a new defined short -term rental typology: Type 1: A short-term rental at a dwelling that is the owner or designated lessee’s principal residence and where either (1) rooms are rented, and the owner is personally present at the dwelling during the rental period, or (2) the entire dwelling is rented for no more than 90 total days in a calendar year. Portions of calendar days shall be counted as whole days. Type 2: A short-term rental at a dwelling that is not the owner’s or designated lessee’s principal residence, or a dwelling that is rented out more than 90 days per calendar year. The five options and alternatives are based on zoning and the relative location to other short-term rentals. See the proposal summary (Appendix A) and draft municipal code amendment (Appendix B) for details on the proposed changes. II. OUTREACH, ENGAGEMENT AND PUBLIC NOTICE PROCEDURES Staff provided public outreach for the draft code amendment in several different forms: • Public Outreach and Participation Plan. • Dedicated webpage for the update. • Public events and locations as a listening post. • Virtual survey. • Outreach opportunities on Facebook. • Public workshop at the Port Angeles Senior and Community Center. Public Outreach was performed in the following ways and dates: • December 13, 2023, Mayor Dexter talks about the short-term rental code amendments on the KONP radio station. • December 19, 2023, the project was launched on the City’s website and distributed to RSS feeds. • December 21, 2023, Reminder press release for public engagement posted to website. • December 21, 2023, Digital Survey posted to Short-term Rental webpage and pop-up to website landing page. • December 28, 2023, hosted a kiosk from 3 to 7 PM at Winter Ice Village (30 in attendance). January 24, 2024 Planning Commission Agenda Packet Page 10 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 4 of 10 • December 29, 2023, Press Release for Short-term rental data release. • January 3, 2024 Public Hearing with Planning Commission posted to City Website • January 3, 2024, City Manager West talks about the short-term rental code amendments on KONP radio. • January 5, 2024, press release for Public Workshop at the Senior and Community Center. • January 6, 2024, staff hosted a kiosk from 10 AM to 2 PM at the Port Angeles Farmers’ Market (40 in attendance). • January 10, 2024, Mayor Dexter talks about the short-term rental code amendments on KONP radio. • January 11, 2024, 4 to 7 PM Housing Workshop at the Port Angeles Senior and Community Center (50 in attendance). Short-term Lodging regulations were discussed at the public meetings of the Port Angeles Planning Commission and City Council on the following dates: • June 6, 2023 – City Council • June 20, 2023 – City Council • September 27, 2023 – Planning Commission • November 21, 2023 – City Council The code amendments reflect a robust public outreach process. The public comments process is explained in the Public Comment section of this report and referenced in the appendices. This staff report features discussion and response to public comment (Appendix E) directed to specific major code amendments with support for a staff recommended option in Appendix A. Notice of the application was provided on the following dates and in the following manner: • December 19, 2023: Project launch on the City’s website and distributed to RSS feeds. • December 19, 2023: Combined Planning Commission Public Hearing and SEPA Notice: PDN, City Hall, and SEPA Register. • January 9, 2023: 60-day Notice to WA Department of Commerce The Planning Commission will conduct a review of the application, public comment including testimony during the open record public hearing on January 24, 2024, and this staff report, and provide a motion of recommendation to the City Council. On February 20, 2024, City Council will conduct the first reading of the proposed ordinance. An appeal must be submitted within 14 days of the notice of final decision. III. PUBLIC COMMENT Public Comment: Staff has been collecting written and verbal public comment for this proposed code amendment since the limited moratorium was approved by the City Council on June 6, 2023. The comment January 24, 2024 Planning Commission Agenda Packet Page 11 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 5 of 10 period for the SEPA Checklist was 14 days in duration and closed on January 4, 2024. In addition to the SEPA comment period, public input and comments were received by 70 community members at each of two listening posts at the Port Angeles Winter Ice Village and Farmers Market in December and January of 2023-24, a January workshop attended by approximately 50 members of the community, and a digital community survey in which there were 1,040 responses (Appendix D). The Public Comment Matrix (Appendix E) enumerates the body of public comment received during the public comment period and hearing with both written and verbal testimony. The document includes staff responses. Appendix F contains all written comment as provided to staff. Generally, comment prior to the notice of municipal code amendment proposal focused on the June 6th limited moratorium and existing nonconforming short-term rental uses, clarifications on short-term rental uses and requirements, and requests to enforce existing municipal code standards related to short-term rentals and violations of zoning. Those in favor of short-term rental uses generally cite lodging and sales tax contributions to the community, job creation and property improvements, and a loss of critical income if the existing code were to be successfully enforced and nonconforming short-term rental uses discontinued. Those against nonconforming short-term rentals generally cited a loss of neighbors in neighborhoods, personal hardship due to loss of available housing stock, and requested current code be enforced. City of Port Angeles Departmental Comments: Comments received from City of Port Angeles Departments have been incorporated into this report’s findings. IV. FINDINGS OF FACT & STAFF ANALYSIS Analysis and findings of fact from Department of Community and Economic Development (DCED) staff are based on the application materials, Port Angeles Municipal Code (PAMC), standards, plans, public comment, and other relevant materials available during the review period. The findings and analysis section this report is a summary of the completed review by DCED staff. City of Port Angeles Comprehensive Plan All Municipal Code Amendment applications must be consistent with the Port Angeles Comprehensive Plan. The following Port Angeles Comprehensive Plan policies are identified by Planning Staff to support the proposal in Municipal Code Amendment Application No. 23-80: Growth Management Element Goal 2A To manage growth in a responsible manner that is beneficial to the community as a whole, is sensitive to the rights and needs of individuals, and is consistent with the State of Washington's Growth Management Act. Policy 2A.01 In all its actions and to the extent consistent with the provisions of this January 24, 2024 Planning Commission Agenda Packet Page 12 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 6 of 10 comprehensive plan, the City will strive to implement the following goals of the State Growth Management Act: d) Housing. Encourage the availability of affordable housing to all economic segments of the population. Promote a variety of residential densities and housing types and sizes, and encourage preservation and expansion of existing housing stock. e) Economic development. Encourage economic development throughout the region that is consistent with adopted comprehensive plans, promote economic opportunity, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the region's natural resources, public services and public facilities. f) Property rights. Private property should not be taken for public use without just compensation having been made. The property rights of landowners should be protected from arbitrary and discriminatory actions. Land Use Element Goal 3H To create and maintain a healthy and diverse commercial sector for a balanced and stable local economy. Policy 3H.01 Encourage the recruitment of new and the retention of existing commercial developments and businesses Housing Element Goal 6A To improve the variety, quality, availability, and attainability of housing opportunities in the City of Port Angeles. Policy 6A.11 Provide an appropriate balance between attainable market-rate housing and affordable housing and ensure that affordable housing is provided in a way that contributes to the physical appearance and economic and social health of the neighborhoods and the City. Policy 6A.14 Allow for mixed-use opportunities in neighborhoods, including commercial development and mix of housing densities. Goal 6C To use the 2019 Housing Action Plan as a guide and implementation tool for future City actions in support of providing available State supported financing options, municipal code revisions that promote innovative housing products and designs, incentive zoning, and renovation/rehabilitation of existing of the City’s housing stock. Policy 6C.03 Promote housing renovation and rehabilitation. Economic Development Goal 9A To create and maintain a balanced and stable local economy with full employment January 24, 2024 Planning Commission Agenda Packet Page 13 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 7 of 10 and emphasis on strengthening the community's traditional natural resource related industries as well as diversifying the overall economic base. Policy 9A.03 Promote the diversification of the community's economic base by encouraging the location, retention, and expansion of local small and medium sized businesses. Goal 9B To have a healthy local economy that co-exists with the community's high quality of life through the protection, enhancement, and use of the community's natural, historical, and cultural amenities. Policy 9B.05 Encourage the availability of housing that meets the needs of the entire spectrum of the community's residents. Goal 9C To create and promote a strong tourism industry for Port Angeles, as well as to recognize and support existing and prospective tourism attractions. Staff Analysis: The Comprehensive Plan supports a balanced approach to the regulation of short- term lodging. Providing the means for a homeowner to determine whether to utilize a housing unit as a short-term, long-term, or owner-occupied residence is currently regulated by location only. The Comprehensive Plan supports the development of small businesses and tourism-related ventures while also acknowledging support for a diversity of housing options to be available to existing and potential Port Angeles residents. The proposed municipal code amendments and regulatory alternatives generally support owner- occupied units over whole house short-term rentals and the number of potential licensed new short-term rental units varies from an unlimited number of licensed units, limitations on new short- term rentals in specific zones from a maximum number, or not allowing the new licenses. In all but the unlimited option, short-term rentals are favored in commercial, medium density residential and high-density residential zones over R11, Residential Low Density, R9, Residential Low Density, and R7, Residential Mixed Density zones. A non-conforming section of the proposed code allows short-term rentals that have been in continuous operation for a minimum of three years to apply for a license outside the requirements for new operations. Any short-term rentals not operating for a minimum of three years will not be considered under the non-conforming section and are required to apply for a license, where applicable. If the alternative has a maximum number of licenses in the zone that operation will be considered in violation of the proposed code without a license. In alternatives where new licenses are not available, all short-term rentals not non-conforming will be in violation of the proposed code. In no alternative is a short-term rental allowed in an industrial or the PBP, Public Buildings and Parks zone. Appendix G includes maps of current zones where short-term rentals are listed as an allowed or conditional use in specific zone and where they are currently not listed in a zone as an allowed or conditional use under Title 17 PAMC. January 24, 2024 Planning Commission Agenda Packet Page 14 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 8 of 10 Summary and Explanation of Port Angeles Municipal Code Changes to Title 17 Appendix B to this staff report includes all proposed code changes. Below is a synopsis of those changes by individual sections. Chapter 17.18 Bed and Breakfasts This chapter is being repealed in order to replace existing bed and breakfast regulations with a new chapter (17.24 Bed and Breakfast) that will change the regulatory process from the current conditional use permitting process in favor of a streamlined licensing program similar to short- term rentals. Chapter 17.23 Short-term Rentals and Chapter 17.24 Bed and Breakfast Both of the proposed new chapters of code share identical code sections, but the regulations may have differences due to accommodation type, state requirements, and impact to the surrounding neighborhood and housing availability. Any differences in the two chapters are noted at the end of each section’s synopsis. 17.23/24.010 Purpose. This is a new chapter of municipal code created in order to establish regulations for the operation of short-term rentals within the City of Port Angeles and establishes a short-term lodging license permit program for each chapter, platform-based enforcement provisions, and building safety inspection requirements for all short-term rentals and bed and breakfast operations. 17. 23/24.020 Definitions. Proposed definitions in this section are specific to short-term rental and bed and breakfast uses. All other definitions in Chapter 17.08 PAMC are still applicable. 17. 23/24.030 Applicability. This section defines when and where these chapters supersede other sections of the Port Angeles Municipal Code and authorize the Director of Community and Economic Development to implement, interpret, enforce, and make clarifying determinations. 17. 23/24.040 Short-Term Rental Platform License. The code directs short-term rental platforms to require compliance from the short-term rental owners listing on the platform. 17. 23/24.050 Short-Term Rental Fire Life-Safety Inspections. Fire life safety inspections are proposed on an annual basis in order to ensure all fire and building code requirements for short-term rental uses are met and maintained. 17. 23/24.060 Zoning, Allowance, and Use Requirements: Short-term rental licenses will be allowed based upon the location of the proposal. Current allowance is based upon the City’s zoning use charts; short-term rentals are either listed as an allowed or conditional use in a certain zone, or not listed, thereby not being permitted by their exclusion. Staff has proposed a new methodology allowing several alternatives where a specific January 24, 2024 Planning Commission Agenda Packet Page 15 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 9 of 10 number of licensed short-term rentals may be allowed in a specific zone. These alternatives provide five scenarios that weigh the number of potential short-term rentals with existing number of single-household and duplex residences in the zone that may be available form permanent housing or long-term rentals. There are also circumstances where short-term rentals have no limitation in a zone or are prohibited from operating in a zone. The Short-term Lodging Summary document (Appendix A) summarizes the alternative. The draft municipal code (Appendix B) provides a detailed table for each alternative. There are no alternatives or licensing caps by location proposed for bed and breakfast licenses. Bed and breakfast are permitted if licensed in all but Industrial and PBP, Public Buildings and Parks zones. 17. 23/24.070 Standards. Proposed standards allow the short-term rental proposal to be evaluated for compliance through a licensing program by City staff. Submittal of a license application will require that each proposed short-term rental meet these standards. Bed and breakfast standards differ from short-term rental standards through off-street parking requirements and the allowance of limited events at the licensed location. 17.23.080 Nonconforming Short-Term Rentals. Non-conforming short-term rentals demonstrating operation for the last three consecutive years are not considered new and may apply for a license to operate a short-term if all applicable standards and requirements are approved in the license application. These licenses may be approved without compliance with Section 17.23.060 PAMC. This section is reserved for bed and breakfast licenses. There are no proposed allowances for nonconforming bed and breakfasts. 17.23/24.090 Good Neighbor Policy. Good neighbor policies are a standard practice of jurisdictions regulating short-term lodging in Washington State. These proposed policies are in place to ensure surrounding long-term residents and short-term guests are aware of all rules, restrictions, and conditions imposed on short-term lodging and that a contact for complaints is identified. 17.23/24.100-130 Short-Term Rental Licensing Requirements and Application Procedures These four sections of the proposed chapter provide the requirements for a license application, the application review procedures, the approval process, and license term. Review procedures for capacity in zoning districts are not proposed for bed and breakfasts. 17.23/24.140-190 Enforcement, Violations, and Appeal Procedures These six sections of the proposed chapter provide unique code enforcement procedures for violations related specifically to the chapter. This includes violation type, review procedures, penalties, the license limitations, appeal rights, and the limits of the authority to deny, revoke, or January 24, 2024 Planning Commission Agenda Packet Page 16 of 17 P&Z Application No. 23-80| City-wide Municipal Code Changes January 24, 2024 | Page 10 of 10 refuse to renew a short-term rental license. Environmental Review This project was reviewed under the Washington State SEPA threshold determination rules requirements and procedures. A Determination of Non-significance (DNS) was adopted on December 19, 2023, for this action. In accordance with WAC 197-11-340 a 14-day appeal period began on the date of the determination and ended on January 4, 2024. The SEPA checklist and environmental documents are on file at the City of Port Angeles Department of Community and Economic Development Planning Division and are available upon request. Consistency In preparation and submission of a Municipal Code Amendment, City Staff has demonstrated that all standards and requirement are met in accordance with the City’s Comprehensive Plan and the Port Angeles Municipal Code. VII. RECOMMENDATION It is the recommendation of Department of Community and Economic Development Staff that the Planning Commission concur with staff’s recommendation to the City Council to approve Municipal Code Amendment No. 23-80. This recommendation is based on the staff report, 2023 Comprehensive Plan, and submitted public comments. The recommended specific motions are: 1. Provide general motion recommending City Council approve Municipal Code Amendment No. 23-80 with a preferred alternative Zoning, Allowance, and Use Requirements table (17.23.060-1) for Chapter 17.23 – Short-term Rentals. 2. Provide a motion to recommend approval or denial of the inclusion of non-conforming language in Section 17.23.080 of the proposed short-term rental code. VIII. APPENDICES Appendix A: Short-term Lodging Municipal Code Amendment Summary Appendix B: Title 17 Municipal Code Amendments Appendix C: Short Term Rental Inventory Report Appendix D: Workshop and Survey Summary Appendix E: Public Comment Matrix Appendix F: Individual Public Comments Appendix G: Zoning Maps January 24, 2024 Planning Commission Agenda Packet Page 17 of 17