2018-09-06 Hearing Transcript - Council Initiated Bill 108, Draft 4

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CLARKSON: But, II think it would be clear to say, clearer for the bill to either list all of those places where it's permitted or say it's permitted everywhere except, and list all those place where it's not permitted. I mean, just to make it, you would be able to look on any zoning map and say, well, yes, there, yes, there, no. Rather than have to look at a zoning map and then look at a General Plan to see where the Resort Nodes are. JACKSON: Right, but I think the County Council wanted to not allow it in every RM zoning district. They only wanted to allow it in the RM zoning districts in Resort areas, and so that's why they made that distinction. So, like I said, this recommendation is keeping that intent of what Council is recommending or proposing, but restructuring it to fit in that Zoning Code style more. CLARKSON: Okay, thank you. JACKSON: Any other questions on that one? John? Okay. All right, recommendation number six is to add the following language to the first section where—let me just make sure I have that right. Yeah, so this would be added to that very first section on page 1 under (A) probably as a number three, yeah, number three after number two. Do you see where that is on page 1 of the bill, (a)(1), this would be (3). So "Special Permits in the State land use agricultural district shall not be issued to permit short-term vacation rentals in farm dwellings since State law requires farm dwellings be used to house farm workers rather than vacationers." And, again, the reason for this, as I mentioned before, was that State law allows the Commissions to issue a Special Permit for any land use that is reasonable and unusual and is consistent with State land use law related to lands within the Agricultural District, even if the land use is not specifically listed in the Zoning Code as a permitted use for that zoning district. So, in this case, the way the bill is set up, short-term vacation rentals are not listed as a permitted use in the agricultural zoning district, but as you know, the Commission still has the authority to grant a Special Permit for any use in the State Land Use Agricultural District. So, let's see, where was I? And, as we discussed before, farm dwellings are all dwellings situated on lots created after June 4th, 1976. Farm dwellings are also additional farm dwellings on lots created before June 1976 in the State Land Use Agricultural District. They are defined as a Single -Family dwelling located on and used in connection with a farm or where ag activity provides income to the family occupying the dwelling. Since a short-term vacation rental is defined in the bill as "un -hosted," there would be no one on-site that would work on the farm or gain income from working on the farm. Typically, visitors that come to work on farms for ag tourism experience are staying in a "hosted" vacation rental rather than an "un -hosted" short- term vacation rental. So, that's the reason for this proposed language in the permitted uses or permitted areas section. Are there any questions on that recommendation from the Commission? REPLOGLE: Yes, so let's say you were a coffee farmer and you have housing for workers and when it's not coffee season, you are allowed to have those as vacation rentals on ag zoned land? JACKSON: No. As un -hosted vacation rentals? EXHIBIT C 14