{"MatterId":14662,"MatterGuid":"96785F7A-E952-486B-A66A-BB37E851C3D0","MatterLastModifiedUtc":"2026-02-04T19:28:41.057","MatterRowVersion":"AAAAAADEAIc=","MatterFile":"O-26-5","MatterName":null,"MatterTitle":"Amending The Short Term Rental Ordinance To Add A Separation Requirement For Short Term Rental Permits (Baca, Fiebelkorn, Rogers and Telles)","MatterTypeId":1,"MatterTypeName":"Ordinance","MatterStatusId":7,"MatterStatusName":"Failed","MatterBodyId":1,"MatterBodyName":"City Council","MatterIntroDate":"2026-01-05T00:00:00","MatterAgendaDate":null,"MatterPassedDate":"2026-02-02T00:00:00","MatterEnactmentDate":null,"MatterEnactmentNumber":null,"MatterRequester":null,"MatterNotes":null,"MatterVersion":"1","MatterCost":null,"MatterText1":null,"MatterText2":null,"MatterText3":null,"MatterText4":null,"MatterText5":null,"MatterDate1":null,"MatterDate2":null,"MatterEXText1":"CC 2/2/26 (od)\r\n\r\nBrief Summary: Approval of this amendment to the City’s Short-Term Rental Ordinance would establish a 330-foot separation requirement between permitted short-term rentals, with exceptions. Under the proposed change, no new STR permit would be issued if another permitted STR is located within 330 feet in any direction. This requirement would apply citywide.\r\nAnalysis: The bill proposes a modification to ROA 1994, §§ 13-19-1 et seq. (the “Short-Term Rental Ordinance”) by introducing a mandatory 330-foot buffer between permitted short-term rentals. \r\nThe proposed ordinance amendment includes the following exceptions to the separation requirement:\r\n(1)\tThe 330-foot buffer would not apply if the STR is the operator’s primary residence and the operator rents a single room as a short-term rental\r\n(2)\tThe buffer would not apply if the property includes an accessory dwelling unit (ADU), the primary residence is owner-occupied, and the owner operates the ADU as a short-term rental.\r\n(3)\tAny STR permit that is active at the time of adoption of this ordinance would not be affected and may remain in place. However, if the operator allows the permit to lapse, the property would become subject to the separation requirement.\r\nThe City’s Short-Term Rental (STR) Ordinance currently includes the following regulatory requirements, which are not being amended by this bill:\r\n1. Permitting & Operational Requirements\r\n•\tPermit fees: $120 initial application fee per permit; $90 annual renewal fee.\r\n•\tNon-transferability: STR permits may not be transferred between property owners.\r\n•\tTerm of permit: Permits are valid for 12 consecutive months.\r\n•\tInsurance requirement: Operators must maintain a minimum of $250,000 in liability insurance.\r\n•\tDisplay & marketing requirements: The STR permit must be displayed within the unit, and the permit number must be included on all marketing materials and listing platforms.\r\n2. City Recordkeeping & Compliance: The City maintains records for each permitted STR, including:\r\n•\tLocation of the STR unit\r\n•\tOperator contact information\r\n•\tProof of insurance\r\n•\tFloor plans\r\n•\tCompliance affidavit\r\n3. Good Neighbor Agreement: Each STR is required to post a Good Neighbor Agreement provided annually by the Planning Department. The agreement:\r\n•\tInforms occupants of the maximum overnight occupancy and maximum gathering occupancy,\r\n•\tIdentifies applicable city ordinances,\r\n•\tExplains that all occupants must comply with relevant City regulations, and\r\n•\tMust be displayed for guest review within the unit.\r\n4. Occupancy Standards\r\n•\tMaximum occupancy is limited to two adults per bedroom, plus two additional adults per unit (excluding studios or efficiencies).\r\n•\tAn adult is defined as any person 12 years of age or older.\r\n5. Enforcement & Due Process\r\n•\tThe City’s Zoning Enforcement Officer is designated as the enforcing authority.\r\n•\tThe ordinance establishes clear notice requirements and penalty provisions.\r\n•\tA permit may be revoked if the STR commits three or more violations of the ordinance.\r\nFiscal Impact: This bill may reduce the number of new registration applications to the Planning Department, but the aggregate total is unknown. \r\nKey Dates: Takes effect five (5) days after publication. \r\nFGO Committee Summary: This item was heard by the committee on January 12. A motion to recommend a “Do Pass” failed on a 3–2 vote. Committee discussion centered on three key themes: (1) impacts to historically Hispanic neighborhoods, (2) the concentration of short-term rentals in the city core, and (3) enforcement challenges driven by an incomplete registry and inconsistent compliance.\r\nProponents of the bill argued that STRs are disproportionately concentrated in historically Hispanic neighborhoods and are contributing to neighborhood instability. They emphasized that many homeowners purchase homes with the expectation of long-term residential stability, and that the growth of STRs erodes that expectation by removing housing from the homeownership and long-term rental stock. Proponents also noted that STRs are heavily concentrated in the city core due to the presence of cultural amenities, which proponents believe is accelerating displacement pressures in those neighborhoods.\r\nOpponents of the bill focused on enforcement and compliance as the core issue. They cited discrepancies between estimated and registered STRs, noting that AirDNA data suggests approximately 1,700 active STRs, while the City’s registry reflects only 608. This gap raised concerns about widespread noncompliance and highlighted the need to strengthen enforcement of existing registry requirements and regulations alongside any new policy changes. The City’s Director of Planning further noted that enforcement efforts are not operating at full capacity due to funding shortfalls. \r\nComments:  Council staff was provided an excel spreadsheet by Code Enforcement identifying 608 active short-term rentals. Additional information was gathered during the January 22 Lodgers’ Tax Advisory Board meeting. As of January 1, 2026, only 34% of STRs are in compliance, and the City is currently recording approximately 1,764 STRs. During that meeting, Board Treasurer Kenneth Scott emphasized that compliance should be at 100% in order for the City to fully capture and account for lodging tax revenue.\r\n\r\n\r\n\r\nFGO 1/12/26 (od)\r\n\r\nBrief Summary: Approval of this amendment to the City’s Short-Term Rental Ordinance would establish a 330-foot separation requirement between permitted short-term rentals, with exceptions. Under the proposed change, no new STR permit would be issued if another permitted STR is located within 330 feet in any direction. This requirement would apply citywide.\r\n\r\nAnalysis: The bill proposes a modification to ROA 1994, §§ 13-19-1 et seq. (the “Short-Term Rental Ordinance”) by introducing a mandatory 330-foot buffer between permitted short-term rentals. \r\n\r\nThe proposed ordinance amendment includes the following exceptions to the separation requirement:\r\n(1)\tThe 330-foot buffer would not apply if the STR is the operator’s primary residence and \r\nthe operator rents a single room as a short-term rental\r\n(2)\tThe buffer would not apply if the property includes an accessory dwelling unit (ADU), the \r\nprimary residence is owner-occupied, and the owner operates the ADU as a short-term rental.\r\n(3)\tAny STR permit that is active at the time of adoption of this ordinance would not be \r\naffected and may remain in place. However, if the operator allows the permit to lapse, the property would become subject to the separation requirement. \r\n\r\nThe City’s Short-Term Rental (STR) Ordinance currently includes the following regulatory requirements, which are not being amended by this bill:\r\n\r\n1. Permitting & Operational Requirements\r\n•\tPermit fees: $120 initial application fee per permit; $90 annual renewal fee.\r\n•\tNon-transferability: STR permits may not be transferred between property \r\nowners.\r\n•\tTerm of permit: Permits are valid for 12 consecutive months.\r\n•\tInsurance requirement: Operators must maintain a minimum of $250,000 in \r\nliability insurance.\r\n•\tDisplay & marketing requirements: The STR permit must be displayed within \r\nthe unit, and the permit number must be included on all marketing materials and listing platforms.\r\n2. City Recordkeeping & Compliance: The City maintains records for each permitted STR, including:\r\n•\tLocation of the STR unit\r\n•\tOperator contact information\r\n•\tProof of insurance\r\n•\tFloor plans\r\n•\tCompliance affidavit\r\n3. Good Neighbor Agreement: Each STR is required to post a Good Neighbor Agreement provided annually by the Planning Department. The agreement:\r\n•\tInforms occupants of the maximum overnight occupancy and maximum \r\ngathering occupancy,\r\n•\tIdentifies applicable city ordinances,\r\n•\tExplains that all occupants must comply with relevant City regulations, and\r\n•\tMust be displayed for guest review within the unit.\r\n4. Occupancy Standards\r\n•\tMaximum occupancy is limited to two adults per bedroom, plus two additional \r\nadults per unit (excluding studios or efficiencies).\r\n•\tAn adult is defined as any person 12 years of age or older.\r\n5. Enforcement & Due Process\r\n•\tThe City’s Zoning Enforcement Officer is designated as the enforcing authority.\r\n•\tThe ordinance establishes clear notice requirements and penalty provisions.\r\n•\tA permit may be revoked if the STR commits three or more violations of the \r\nordinance.\r\n\r\nFiscal Impact: This bill may reduce the number of new registration applications to the Planning Department, but the aggregate total is unknown. \r\n\r\nKey Dates: Takes effect five (5) days after publication.\r\n \r\nComments:  Council staff has requested an updated map and/or count of short-term rentals in the City.  This will be updated in the write-up ASAP.","MatterEXText2":"Omega Delgado","MatterEXText3":null,"MatterEXText4":null,"MatterEXText5":null,"MatterEXText6":null,"MatterEXText7":null,"MatterEXText8":null,"MatterEXText9":null,"MatterEXText10":null,"MatterEXText11":null,"MatterEXDate1":null,"MatterEXDate2":null,"MatterEXDate3":null,"MatterEXDate4":null,"MatterEXDate5":null,"MatterEXDate6":null,"MatterEXDate7":null,"MatterEXDate8":null,"MatterEXDate9":null,"MatterEXDate10":null,"MatterAgiloftId":0,"MatterReference":"27","MatterRestrictViewViaWeb":false,"MatterReports":[]}