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HomeMy WebLinkAboutPlanning Commission Minutes 11/18/2014Planning Commission Meeting of November 18, 2014 Page 1 City of Petaluma, CA City Council Chambers City Hall, 11 English Street Petaluma, CA 94952 Telephone 707/778-4301 / Fax 707/778-4498 E -Mail cdd@ci.petaluma.ca.us Web Page http://www.ci.petaluma.ca.us Planning Commission Minutes Tuesday, November 18, 2014-07:00 PM Special Meeting FINAL MINUTES 1. CALL TO ORDER (07:00:19 PM) Chair Wolpert 2. ROLL CALL PRESENT: Diana Gomez, Gina Benedetti-Petnic, Bill Wolpert, Jennifer Pierre, Jocelyn Yeh Lin, Richard Marzo, and Kathy Miller. ABSENT: None. Chair Wolpert 3. PUBLIC COMMENT The Committee will hear public comments only on matters over which it has jurisdiction. There will be no Committee/Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. 9 A. None Planning Commission Meeting of November 18, 2014 Page 2 5. COMMISSION COMMENT A. Council Liaison City Council Liaison, Kathy Miller, reported on the November 17th Council meeting stating that there was discussion about a replacement tank at Paula Lane and an interesting presentation on pensions. She also noted that the Corona subdivision item had been pushed to the December 15th Council meeting. B. Pedestrian and Bicycle Advisory Committee Commissioner Lin reported that there had not been a PBAC meeting since the last Commission meeting. Chair Wolpert C. Tree Advisory Committee Commissioner Benedetti-Petnic reported that the Tree Committee had not met since the last Commission meeting. D. Other Commission Comment Chair Wolpert, as Sonoma County liaison to Cordell Bank National Marine Sanctuary, announced that Cordell Bank and "Go for the Farallons" have been working on a project expanding sanctuaries in Sonoma County and north to Pt. Arena. They had a two year timeframe for environmental review and are still on schedule to be completed after the beginning of the year which will result in tripling the size of existing marine sanctuaries. 6. STAFF COMMENT A. Planning Manager's Report Planning Manager Heather Hines added that the City Council approved the second reading for the zoning map amendment and landmark designation for the existing house at Keller Court Commons. The Site Plan and Architectural Review for this project will be coming to the Commission on December 9th. 7. COMMUNICATIONS A. None 8. APPROVAL OF MINUTES Chair Wolpert Commissioner Benedetti-Petnic Minutes for the October 28th Planning Commission meeting were approved without changes. Planning Commission Meeting of November 18, 2014 Page 3 9. OLD BUSINESS A. Short -Term Vacation Rentals. The City of Petaluma is proposing modifications to the text of its Implementing Zoning Ordinance and SmartCode to allow short-term vacation rentals in residential and mixed use zoning districts. This item was continued to a date certain at the September 23rd Commission meeting. Staff: Ingrid Alverde, Economic Development Manager Vacation Rentals Staff Report 11-18-14 Attachment A - Draft Vacation Rental Resolution 11-18-14 Attachment B - Vacation Rental Ordinance Summary 11-18-14 Attachment C - Public Comments Ingrid Alverde, Economic Development Manager Chair Wolpert Ms. Alverde Chair Wolpert Ms. Alverde Andrea Visveshwara, Assistant City Attorney Ms. Alverde Chair Wolpert Ms. Hines Ms. Alverde Chair Wolpert Council Member Miller Chair Wolpert Vice Chair Pierre Ms. Alverde Vice Chair Pierre Ms. Alverde Vice Chair Pierre Ms. Alverde Vice Chair Pierre Ms. Alverde Vice Chair Pierre Planning Commission Meeting of November 18, 2014 Page 4 Ms. Alverde Vice Chair Pierre Ms. Alverde Vice Chair Pierre Council Member Miller Ms. Alverde Council Member Miller Vice Chair Pierre Ms. Alverde Ms. Visveshwara Chair Wolpert Commissioner Gomez Ms. Alverde Commissioner Gomez Ms. Alverde Commissioner Gomez Ms. Alverde Ms. Hines Commissioner Gomez Ms. Alverde Commissioner Gomez Ms. Visveshwara Commissioner Gomez Chair Wolpert Ms. Alverde Chair Wolpert Ms. Hines Chair Wolpert Commissioner Benedetti-Petnic Ms. Alverde Commissioner Benedetti-Petnic Planning Commission Meeting of November 18, 2014 Page 5 Ms. Alverde Commissioner Benedetti-Petnic Ms. Alverde Ms. Hines Commissioner Benedetti-Petnic Ms. Alverde Commissioner Benedetti-Petnic Ms. Hines Ms. Alverde Commissioner Benedetti-Petnic Commissioner Gomez Commissioner Benedetti-Petnic Ms. Hines Vice Chair Pierre Commissioner Gomez Ms. Alverde Chair Wolpert Ms. Hines Commissioner Benedetti-Petnic Ms. Hines Ms. Alverde Commissioner Lin Ms. Alverde Commissioner Lin Ms. Alverde Commissioner Lin Ms. Alverde Commissioner Lin Ms. Alverde Commissioner Lin Chair Wolpert Planning Commission Meeting of November 18, 2014 Page 6 Commissioner Marzo Ms. Alverde Commissioner Marzo Ms. Alverde Commissioner Marzo Chair Wolpert Molly Turner, Head of Civic Partnerships for Airbnb, pointed out the benefits to Airbnb hosts, guests, as well as the City of Petaluma. She provided five recommendations: Include parking exceptions in the over-the-counter permit; change requirements to allow hosts to rent more than two bedrooms; eliminate the limit on the number of days for non -hosted rentals; change requirements for on-site host during evening hours; and make the licensing process as easy as possible for ordinary residents by creating a one-time process. Kit Schlich, Petaluma resident, was concerned about the commercialization of her neighborhood. After the ordinance changes get approved, she would like to see the topic revisited in the next year to see if it is working. Susan Thompson, Petaluma resident, does not want the fiscal vitality of Petaluma strengthened on the backs of the residential neighborhoods and does not find it appropriate to expand tourism opportunities in Petaluma homes. If tourism is a priority, existing commercial accommodations should be strengthened and new ones created in already existing mixed-use neighborhoods. She noted that young people are also affected by scarce and expensive rental stock. She feels that tourists are strangers and Petaluma's residential neighborhoods are not meant for tourists. Nancy Sasser, Petaluma resident, stated that Petaluma residents love their neighborhoods and the sense of community and finds that tourists want to be "pretend neighbors". The Petaluma community is a stable pool of residents living here for a longtime and this is not true of visitors who are transient guests and not part of the community nor do they have a long term investment. Ms. Sasser believes that the Petaluma neighborhoods will become more anonymous and eventually lose their charm. She feels that Petaluma is so close to perfect and should not be an experiment. Michael Kraus, Petaluma resident, believes that Airbnb homes create increased traffic, noise, and parking issues. He stated that 80% of the residents in his neighborhood are opposed to short term rentals and have signed a petition. He feels that short term rentals changes the quality and commercializes the neighborhood at the expense of the neighbors. He stated that short term rentals may not affect all neighborhoods in the same way but can have a negative impact and the ordinance should be strong enough to protect against the negative impacts. Mr. Kraus would like to see short term rentals disallowed as the General Plan intended. However, if they are allowed, requirements should include off-street parking for all guests; a limit of short term rentals within a block radius; a one-year renewal for permits to allow a waiting list rotation; a limit of one rental per week to avoid daily turnovers; on-site management; and noticing of 200 or 300 feet. He also feels that the idea of revisiting after a year is important. Planning Commission Meeting of November 18, 2014 Page 7 Mark Bryce, Petaluma resident, feels that the proposed changes to the Ordinance only benefit a select group of people while putting the remaining neighborhoods at a disadvantage. He believes that the standards and values would be lowered and this type of business belongs in a rural setting and not in the Petaluma neighborhoods. Franka Kozar, Airbnb host, stated that the short term rentals in Sonoma County are in a huge demand for traveling nurses. She gave an example of how neighbors are not informed when new roommates come into the neighborhood. She showed concern for a certain neighbor who could cause problems and complain about her Airbnb situation when the 100 yard noticing occurs. Maurice Bowers, resident of Petaluma for over 40 years and Airbnb host, stated that he is happy that regulations are being discussed to allow short term rentals but not happy with the notification requirements due to privacy issue. He feels that the TOT could be easily addressed using 1099s that clearly shows the amount made which seems easy to control. Ms. Bowers stated that he has had a positive experience with no issues with his neighbors and feels that parking for Airbnb guests is equivalent to parking for a family with teenage children. Michael Gleason, Petaluma resident, believes that those in favor of short term rentals view it as an opportunity to make money which comes at the expense of the residential neighborhoods. When he bought his house in 1983, commercial overnight rentals were not allowed. He feels that it's not about promoting tourism or creating goodwill but about making money and requested to not allow overnight rentals in the residential neighborhoods. Stefany Perlman, West Street resident, stated that she has heard both sides of the story and at times it can work and at times can be a bad fit mainly due to neighborhood irritations that do not require police action. This is largely a result of commercial activity in residential neighborhoods with activities such as noise and car doors slamming and late night comings and goings. If allowed, conditional use permits should be required. She also feels that the rental lease rates are extremely high and the reason for many businesses failing and residential areas should not have to make up for lost business. Christina Gleason, Petaluma resident, stated that Sonoma County is noted for its slow practices and products and green alternatives and resources. She feels that sustainability is the long range vision that supports the quality of life and allowing short-term rentals is counter to Sonoma County's philosophy of sustainability. She stated that character forms the backbone of sustainability and comprises the neighborhoods and believes that "home hotels" are not sustainable. Steven Tamborski, 30 year Petaluma resident and Airbnb host, stated that he does not rent to rowdy people but to people who want to enjoy the ambiance of Petaluma. He believes that staff has drafted a very reasonable ordinance but thinks the arbitration requirement is vague. Naomi Richman, Airbnb host and longtime Petaluma resident, asked if a substitute manager can be appointed if the manager is not available or has to go out of town. She also asked if she is required to have covered parking if her neighbors do not have covered parking. She is concerned about the words "complaint" and "violation" used interchangeably. She stated that Planning Commission Meeting of November 18, 2014 Page 8 she receives frivolous complaints all the time and fully anticipates more complaints even though there is not a violation of the ordinance. Steve Trenan, Petaluma resident, stated that short term rentals is about the money. Airbnb allows for extra income so that people can keep their homes. In his situation, his Airbnb home is not a blight on the neighborhood. He also stated the importance of differentiating between legitimate complaints and nuisance complaints. He pointed out that Airbnb has a system where both hosts and visitors can give reviews and track records. Ms. Richman has not had any guests without a good track record. He noted that he could not have seen daughter dance in Boston without Airbnb housing. Patricia Haramati, Airbnb host, stated that if one looks at the Airbnb reviews, there are many compliments about Petaluma suggesting warmth and good will. She said that most guests are family members of residents living in Petaluma or people interested in living in Petaluma. She stated that the extra income she receives from renting allows her to keep her house. Ms. Haramati also noted that her neighbors always compliment how well maintained her house is. She asked what the residential parking requirements are compared to Airbnb parking requirements. Dianna, Petaluma resident, lives in a neighborhood with two Airbnb houses and shared a situation where someone's guest was stealing from them. She stated that the Airbnb guests do affect the neighbors. Judith Pekals, Airbnb host and Petaluma resident stated that she has seen changes in Petaluma but regarded it as progress. She said that negative scenarios happen, but when people live in a community they have to deal with it. She understands that there are frustrations but people have to work things out like adults. She noted that Airbnb does a fabulous job of screening people. Chair Wolpert Public comment closed Council member Miller Ms. Alverde Vice Chair Pierre Ms. Alverde Ms. Hines Council member Miller Ms. Hines Ms. Alverde Ms. Hines Chair Wolpert Ms. Hines Planning Commission Meeting of November 18, 2014 Page 9 Council member Miller Commissioner Lin Ms. Alverde Ms. Hines Ms. Alverde Ms. Hines Ms. Alverde Commissioner Lin Chair Wolpert Commissioner Lin Vice Chair Pierre Commissioner Gomez Commissioner Benedetti-Petnic Commissioner Marzo Chair Wolpert Motion: Approve recommending the City Council amend the text of the Implementing Zoning Ordinance and SmartCode to allow short-term vacation rentals in residential and mixed use zones, including IZO Sections 4.030, 7.110, AND 27.020.A, and SmartCode Sections 3.1 and 9.10.010 made by Gina Benedetti- Petnic, seconded by Richard Marzo. Vote: Motion carried 7 - 0. Yes: Diana Gomez, Gina Benedetti-Petnic, Bill Wolpert, Jennifer Pierre, Jocelyn Yeh Lin, Richard Marzo, and Kathy Miller. 10. NEW BUSINESS A. None 11. ADJOURN Next Meeting of the Planning Commission/Historic and Cultural Preservation Committee scheduled for Tuesday, December 09, 2014. (09:02:36 PM)