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Board amends and tables short-term rental veterans allotment amid state-law uncertainty
Summary
After debate and public comment, the board added an amendment protecting veterans’ permit fees and tabled the proposed ordinance that would reserve up to 25 STR licenses for veterans with service-connected permanent and total disability ratings for 45 days to await potential state action and staff cost estimates.
The board considered an ordinance (O-25-13) that would reserve up to 25 short-term residential rental (STR) licenses per year in residential zones for U.S. veterans with service-connected permanent and total disability ratings. City Attorney Ryan Albright explained the proposed local criteria: properties must be titled to and occupied by the qualifying veteran, applicants must provide Department of Veterans Affairs confirmation of permanent and total disability, and licenses would be subject to annual renewal and the city’s existing safety and inspection code requirements.
City staff and several directors expressed concern about pending state legislation (discussed in committee hearings at the state capitol and referenced during the meeting) that could preempt or substantially alter local STR regulations. Director Karen Garcia asked whether it would be better to delay local action while the legislature moves; City Attorney Albright and others explained codification, publication and software-portal changes would create administrative costs and could result in wasted effort if the state changes the law.
Public comment included several veterans and property owners who asked the board to act now so disabled veterans could begin generating rental income. One applicant said she was “willing to pay the $500 inspection fee” to move forward; another veteran-citizen asked that the board allow veterans an opportunity to use their property for income.
To accommodate both concerns, Director Dudley Webb moved (and a colleague seconded) an amendment that the city would refund permit fees or give priority to renewal applicants if subsequent state law made the local category inapplicable. The motion to amend passed on roll call. After voting to amend, the board then voted 4–2 to table the ordinance for 45 days so staff can estimate administrative and software costs and to allow time to monitor state legislative action that could supersede local rules.
City Attorney Albright said the ordinance would have required city codification, newspaper publication and software changes to add a new license category; staff cautioned those steps create time and expense and said applicants could incur inspection and upgrade costs (life-safety windows, egress and other code compliance) that might be unnecessary if state law changes.
The board recorded two recusal/absence situations during the debate (one director recused and another director absent for portions of the item). The board directed staff to prepare an implementation-cost estimate and return with proposed administrative steps if the ordinance is reintroduced after the table period.
