On December 15, the Winters Planning Commission discussed a proposal to allow a non-stay short-term vacation rental in an existing single-family, one-story, two-bedroom unit at 205 Main Street, which requires a maximum overnight occupancy of six guests.
Before the discussion could begin, Assistant City Attorney Martin de los Angeles reminded commission members of conflict of interest laws, noting that at least one commissioner lives within 500 feet of the property in question. As a result, Commissioner Chris Rose withdrew from this portion of the meeting.
Senior Planner Kirk Skierski summarized the commission’s proposal.
Located west of downtown, the property is set up with a two-bedroom, one-bath single-storey residence of approximately 1,514 square feet. The residence was originally owned and operated by the neighboring church located at 201 Main Street, but has since been sold and separated from church ownership. The property includes a parking area approximately 20 feet by 40 feet at the rear of the property, and Skierski noted that the claimant recently informed staff that guests will be able to park entirely on site, meaning that they won’t need to park on the street.
Skierski also explained the city’s vacation home requirements that all vacation rental properties must meet. These standards rules include “tenants may not exceed the number of guests per bedroom plus two additional guests”, tenants must “comply with city noise requirements” and landlord must “have an authorized agent available by telephone or be able to come to the site within 24 hours.” Finally, “no commercial activity is permitted in connection with vacation rentals, it is simply accommodation, and all vacation rentals are subject to an annual review”.
Skierski presented the Planning Commission with the possibility of approving this request if it considered that “all the required conclusions can be made”, in particular “that the project is in conformity with the general plan, that it is in conformity with the intention and to the purpose of the zoning district, wouldn’t it have a negative impact on the character of the neighborhood, or would have an impact on public safety or well-being.
Skierski told the commission the staff’s recommendation that, in their view, “the proposed vacation rental can be approved,” particularly if guests can park on-site.
During the public hearing, a number of residents expressed their concerns regarding the project.
Christina Cogdell noted that there are unmet housing needs in Winters and that she would prefer to have a permanent neighbor involved in the community.
Marsha Gibbs said that in her two decades of living opposite the property she was mostly uninhabited and wondered how the city would regulate these types of short-term vacation rentals and whether this rented property would help to the community.
President Gregory Contreras asked Skierski to clarify city codes with short-term vacation rentals.
“Currently the Ville des Hivers regulates vacation rentals on a case-by-case basis,” Skierski replied, “so we haven’t necessarily adopted a threshold limit”, and that it is up to the Planning Commission to determine whether each new app complies with city requirements. He noted that so far, five of these types of houses have been approved. And that for every public hearing, the community has expressed concern, which means city council can direct staff to change the city’s policy on vacation rentals.
Contreras said that in these cases, “there is (an) inherent conflict between the individual property rights”, of the owners who rent their property and of their neighbors who this rental may affect.
The commissioners unanimously approved the request.
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