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AGENDA ITEM Item No.: 23 Date: May 14, 2018 Item Description: Rental licenses, 1440 and 1442 Shoreline Presenter: Jeremy Barnhart, Community Agenda Planning Department Development Director Section: Report 1. Purpose. Provide requested parking related information in response to residential rental licensing requests at 1440 and 1442 Shoreline Drive; approve rental license for 1440 and 1442 Shoreline. 2. Background/ Summary. On April 23`d, the City Council tabled the review of the licenses for 1440 and 1442 Shoreline Drive. There was some question regarding the allocation of the parking spaces between the residential structures and the adjacent marina based businesses, including Your Boat Club. In 1989, a Conditional Use Permit was issued to the previous owners of the marina at 1444 Shoreline Drive, and included use of the residential properties (1440 and 1442 Shoreline) for parking. A parking plan, attached, was submitted at that time and notes parking for 26 cars within a rock surfaced parking area. There is no statement or condition that notes exclusive rights to any parking space for either the commercial or residential uses. In 2011, Your Boat Club received a conditional use permit. That Conditional Use Permit confirmed the number of spaces required (70 stalls), the number of spaces available, (81), and the use of the residential lots for commercial parking outlined previously. No other commercial uses were allowed. It does not appear that the residential uses were included in the calculation of the number of required stalls. City Code requires 2 spaces per residential dwelling, or 4 spaces for the two rental buildings, bringing the requirement to 74 spaces, below the amount of spaces identified in the 1989 and 2011 Conditional Use Permits. There is no modification to the existing Conditional Use Permit proposed; the City may not initiate an amendment to the Conditional Use Permit, including parking requirements or counts. The use of once vacant residential structures is not an "intensification of use" and the City is not justified in denying a rental license unless it can find that the standards for issuance are not met. The standards, established by the City Council found in section 26-82 (g) are: 1. The owner shall provide the city and any tenant with a twenty-four (24) hour emergency contact that will be available to respond to complaints regarding the condition, operation, or conduct of occupants of a rental unit at the rental property within sixty (60) minutes. 2. The rental property must have a visible house number that can be easily seen by from the street both day and night. 3. All advertising for the rental shall include the city issued license number. 4. The primary overnight and daytime occupant of a rental unit must be an adult eighteen years of age or older. This adult must provide a telephone number to the owner and shall be accessible to the owner by telephone at all times. Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: -T)X