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STR committee declines density cap recommendation, urges use of R0 petition process

6172443 · October 21, 2025

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Summary

The committee opted not to recommend density caps or occupancy limits now, citing legal risk and insufficient data. Members said the city’s R0 process — a resident petition mechanism — remains the preferred tool for neighborhood‑level restrictions, and the committee recommended returning to density questions after more data is collected.

The Short‑Term Rental Ad Hoc Committee decided Tuesday not to recommend citywide density caps or new occupancy limits at this time, citing legal risk, sparse local data and the potential for state preemption.

Committee members described the city’s R0 process — a mechanism allowing residents to petition for a residential‑only zoning designation — as the safer, due‑process‑based tool for neighborhoods seeking to limit new STRs. “R0…is a way for residents to petition their government,” a committee member said. The committee recorded no recommendation to pursue density caps now and instead urged additional data collection before considering limits that could face legal challenge.

Several speakers warned that arbitrary caps without a formal petition and zoning process could invite takings claims and state preemption. Sally (committee member) told the meeting that legislators have not objected to R0 in testimony but are more likely to challenge arbitrary caps that do not include a due‑process petition element. “When you come in and arbitrarily start establishing caps and prohibitions on density…that wipes everything out,” she said, describing preemption risk.

Committee members said the city needs to identify what specific data would be required to evaluate density restrictions — for example, occupancy, complaint frequency and distribution by parcel — and to collect that information for at least a year before revisiting density policy.

The committee’s final presentation to council will note that no density recommendation was made and will include a recommendation to re‑examine density after 2026 data are available.