A Matter of Specifics

After more than a year of discussion and apparent false starts, the Saratoga Planning Commission may have a path forward in the regulation of short term rentals (STRs) in municipal limits.

At a special meeting on September 5, the seven member board—joined by legal counsel Kylie Waldrip—discussed and debated the best approach to address short term rentals—such as those listed on AirBNB and VRBO—in Saratoga. Throughout the more than 90 minute meeting, the biggest point of disagreement between the members appeared to be what was currently allowed in some residential zones and whether to allow STRs in all zoning districts or restrict them from certain residential zones.

“The questions that Kylie raised were are we doing this just for residential zones or do we also want to have a list of any short term rentals that are in industrial and retail business,” said Chairwoman McCall Burau. “Right now, our argument to bring them into compliance is that they are violating existing code. We’re saying ‘You’re in a residential district, you’re running a business. Not cool.’ If they currently have a short term rental in retail business, that’s allotted because hotels and lodging are a valid use. So, are we okay with just doing residential zones or do we need to step back and say all short term rentals need to have this permit?”

During the August 13 meeting, commissioner member Matt Baker argued there was current code which would allow the Town of Saratoga to enforce a permit process for short term rentals. Baker pointed to the specially permitted uses sections found within Title 18, specifically for the RD 6000 and RD 9000 zones.

Indeed, section 18.21.040 reads “The following uses may be permitted within this district only after review and approval by the planning commission in accordance with provisions of this title. The planning commission may place reasonable requirements upon the use prior to granting approval to insure that such a special use will not have a detrimental effect on the area in which it may be located” with subsection I allowing the renting the portion of a single-family home.

“If I understand this right, the only zone not in compliance is [RD] 7200. All the others, they specify that they’re allowed to get a special use permit,” said commissioner member Johnny Portillo. “Every one of those zones has that, 7200 is the only one that doesn’t specify you’re allowed to get a special use permit.”

Baker, however, argued rentals were allowed in RD 7200 even if they weren’t specifically pointed out under the specially permitted uses provision. According to Baker, because RD 7200 has a similar purpose and intent to RD 14000 and the latter allows the renting of a portion of a single-family home, it is also allowed in RD 7200.

“I think if we’re fixing it, we can make it more clear,” said Waldrip. “We’re already fixing it, let’s fix it and make it say what you guys want. Make it abundantly clear what you want [RD] 7200 to say.”

Portillo added he believed the planning commission needed a list of all the short term rentals currently operating in Saratoga before it could move on with any discussions of registration.

“I think most people who own a short term rental are going through some third-party site. Just like chickens, we might not get everyone registered with a permit but short of having someone driving around who’s constantly monitoring this,” said Burau. “I think we just have to assume that people are going to follow the process.”

Initially, the majority of the planning commission believed short term rentals should be excluded from both RD 7200 and RD 14000.

Burau argued both zones should exclude STRs from both zones, citing the purpose and intent in RD 14000 which reads the intent of the district is “to promote and encourage a suitable environment for family life, to prohibit uses of the land which would substantially interfere with development or continuation of single-family dwellings in the districts, and to prevent use of the land for purposes which would overburden the public facilities.”

This proved contentious, however, as Baker, Portillo and Waldrip asked how the Town of Saratoga would approach short term rentals currently operating in RD 7200. Under Saratoga Municipal Code, a requirement of a special use permit is the approval of more than 50% of properties within a 300 foot radius. Additionally, the initial term of a special use permit is for one year after which the planning commission may extend the permit. If a written complaint is received at any time after the extension, however, the planning commission may call for a public hearing and repeat the initial permit process.

Ultimately, members of the planning commission agreed to allow short term rentals in all residential, business and industrial zones. While members initially thought short term rentals could be allowed in highway and retail business due to hotels and lodging already being allowed, Waldrip recommended further clarification for STRs.

“If we’re going to go to the work of doing all this, I think we need to make it specific,” said Waldrip. “If we’re going through the effort of going to a vote and a hearing, let’s get it all done and not have a gray area.”

While no formal motion was made, the planning commission directed Waldrip to draft an ordinance which would allow short term rentals as a specially permitted use in all zones. In further discussion, Waldrip advised the planning commission should have a list of reasons for a special use permit being declined and allow at least one year for short term rental owners to come into compliance with code should the ordinances be adopted.