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Council sets hearing on Lopez and East Sound vacation-rental rule changes; public and staff describe permitting barriers for local builders

2477056 · February 11, 2025
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Summary

The council set a March public hearing on proposed code changes to require permits for existing vacation rentals in Lopez Village and East Sound commercial designations and heard public comments about unclear permitting processes and high costs for owner‑builders.

The San Juan County Council set a March 18, 2025, public hearing to consider an ordinance amending vacation‑rental performance standards in the East Sound and Lopez Village commercial land‑use designations and heard public comment calling for clearer permitting paths for local builders.

Sophia Cassel, a long‑range planner with the Department of Community Development (DCD), briefed the council on proposed language added after the planning commission review. Cassel said the draft adds a new section to San Juan County Code 18.42.75 so that existing vacation rentals in Lopez Village and East Sound “after the effective date…would not be considered nonconforming land uses” and would therefore be required to apply for a provisional use permit. Under the proposal, operators who have been operating in those designations would have one year from the ordinance’s effective date to apply for a provisional use permit, would not pay the provisional‑use application fee, and would be able to continue operating while their application is processed. Cassel said the provisional permits would count toward island permit totals.

Cassel told the council the county has been taking steps to inventory existing vacation rentals; she estimated “East Sound was, like, 10, and Lopez Village was maybe 4 or 5.” Staff and council members noted Orcas Island already has a permit cap set at 211 and that the county believes the number of existing vacation rentals on Orcas exceeds that cap. As Cassel said, “the cap is set at 211 so that no new permits on Orcas will be issued until there are less than 211.” Council discussion centered on timing — council members requested an update from DCD in coming months on how many permits are actually in place and on how the department will issue provisional permits within the one‑year window given limited staffing.

Public comment earlier in the meeting also focused on permitting barriers for homeowners and owner‑builders. Greg Cortell and Diora Mensch, both San Juan Island residents, described long delays and confusing requirements when trying to permit modest homes. Cortell said owner‑builder permitting took “10 months to finally get a permit for a little $640 square foot home” and urged a work session to identify the steps and consolidate guidance materials. Mensch said she has been paying property taxes on inherited land for 26 years and described being told—when she sought help—that “all the buildable parcels have already been built on,” and that the county’s online materials are scattered and hard to navigate. Both public speakers asked for clearer, tailored checklists and for a possible DCD work session on owner‑builder pathways.

The council voted to set a March 18 public hearing on the vacation‑rental ordinance amendments. Council members asked DCD to return during the ordinance process with a timeline and clearer numbers for existing permits on each island so the council can time any lottery or permit issuance accordingly.