To All:
After careful consideration and thorough review of applicable zoning codes, I have reconsidered my position
on short term rentals. I took off my Realtor hat and put on my homeowners hat.
I believe that it is in the best interest of the county and the residents of Calaveras County that administrative permits be required for all short term rentals in single family residential areas.
The zoning code is clear R1 and R2 zoning does not specify that transient occupancy is an approved use. I am not interested in debating the merits of short term rentals.
An administrative use permit would provide desperately needed rules and regulations where such rentals are concerned and is considerably less onerous then a conditional use permit.
It would allow the county to collect the appropriate TOT on residential homes essentially being used as hotels. It would provide the county an opportunity to monitor and regulate abuse of the permits.
Most importantly it would prevent the inevitable litigation against the county by either party. In the event that litigation cannot be avoided, the county's approved permit process would be legally defensible.
The process and requirement should be county wide. Permit requirements should not be complaint driven.
They should be logical planning/zoning rules that provide a consistent manner in which managing short term rentals is handled by the appropriate governmental agencies.
Permits are granted if protocol is followed and forfeited if protocol is not followed. If the county does not
insist that the permit process be county wide, then they cannot use the reason that it is noy a permitted use.
If they cannot use the "permitted use" argument then the law would be arbitrary and capricious and it would not be legally defensible in Lake Tulloch only.
It is time for Calaveras County to be proactive and not reactive. Approve the administrative use permit. Implement the rule and enforce the rules. The problems will stop. It really is that simple.
Respectfully Yours,
Betsy Duncan
Betsy Duncan
After careful consideration and thorough review of applicable zoning codes, I have reconsidered my position
on short term rentals. I took off my Realtor hat and put on my homeowners hat.
I believe that it is in the best interest of the county and the residents of Calaveras County that administrative permits be required for all short term rentals in single family residential areas.
The zoning code is clear R1 and R2 zoning does not specify that transient occupancy is an approved use. I am not interested in debating the merits of short term rentals.
An administrative use permit would provide desperately needed rules and regulations where such rentals are concerned and is considerably less onerous then a conditional use permit.
It would allow the county to collect the appropriate TOT on residential homes essentially being used as hotels. It would provide the county an opportunity to monitor and regulate abuse of the permits.
Most importantly it would prevent the inevitable litigation against the county by either party. In the event that litigation cannot be avoided, the county's approved permit process would be legally defensible.
The process and requirement should be county wide. Permit requirements should not be complaint driven.
They should be logical planning/zoning rules that provide a consistent manner in which managing short term rentals is handled by the appropriate governmental agencies.
Permits are granted if protocol is followed and forfeited if protocol is not followed. If the county does not
insist that the permit process be county wide, then they cannot use the reason that it is noy a permitted use.
If they cannot use the "permitted use" argument then the law would be arbitrary and capricious and it would not be legally defensible in Lake Tulloch only.
It is time for Calaveras County to be proactive and not reactive. Approve the administrative use permit. Implement the rule and enforce the rules. The problems will stop. It really is that simple.
Respectfully Yours,
Betsy Duncan
Betsy Duncan
6 comments:
Why don't we keep "40 acres and a mule" rules, too? No more development except in Tryonville! Tryon being a broker will be the only representative for seller and buyers. Is that okay, since you took your realtor hat off? Since you want to restrict others property rights, you won't mind eliminating yours?
When your property rights infringe on my property rights that is when zoning and planning come in to play. Obviously we cannot all do exactly what we want...that is called anarchy.
I think that short term rentals should be allowed. But if you are going to use your home as a hotel then is is not longer a home, it is a business and it should be permitted like any other business. They should not have an advantage over B&Bs and hotels struggling to remain open. If the permit process is not to onerus and the rules are not overly prohibitive then it works out for everyone...otherwise the HOAs may end up prohibiting them completely as they have done in Poker Flat.
Compromise is the only way to make this work. And I really have no idea how Tryon plays into any of this....you do know his license expired in 2008 right??
Betsy
Licenses don't expire, people do not renew them (continuing education and paying a fee).
You comment on HOA's. Isn't it due to the fact, at least, one HOA has more vacant lots than developed lots? Isn't that the biggest part of the problem? The HOA cannot get a majority vote to cure the problem, so they turn to a burdensome, over regulatory local government that is only interested in additional revenue increase?
Would it be a better environmental conscience (justice) matter to ban boats and all recreation on all water storage facilities? With recreation gone what is the revenue purpose of water, other than sustenance? Government should charge a fee to those who overlook the water. Wouldn't that be social justice, since the rest of us wouldn't be able to use it?
Is there a big difference between B&B's, hotels and water front rentals? Do families that own a family vacation home overwhelm their own dock, when used? What do you want to do to them?
Lastly, property rights infringement. It happens everyday in Calaveras County. Then it becomes a civil issue (according to government). Going to court is expensive. So, what to do, fall back on government to charge a lesser dollar amount than going through the court system? Pay attention, how long has the $1.2 million general plan been going on? How long has the Copper Community Plan been going on? Those government items could be construed to be property rights infringement.
Thank you for allowing another perspective.
If you want to address every single issue in Copperopolis I guess you can do that. The truth is that Poker Flat does NOT have more lots then homes. And it really does not matter how they won the short term rental ban, they won. So now they are banned. I would like to see a process by which they can be resumed and that the HOA will be confident that there will be oversight. Tulloch is a federal reservoir that is open to public use so only the Feds can change that.
I NEVER said that I agree with the all the details supplied to the county by some inividuals. The number of people on a dock was not even a consideration for me. I said I agree with an administrative permit process. And again to be clear....yes homes are different then B&Bs and Hotels. They are homes....single family homes in single family neighborhoods. B&Bs and Hotels follow stringent rules in order to offer transient accomodations. It is expensive for them to do that. How can our local inns compete with someone who has NO rules. NO parking requirements, NO permit requirements, NO Safety requirements. How is that fair to struggling business owners?? Many of the most popular tourist destinations in California have a permit process for short term rentals......this is nothing new. I would rather see a cooperative effort to keep short term rentals, then an all or nothing approach that has clearly resulted in nothing.
Betsy
The copper Communnity plan has been a fiasco for a very long time. Back when Supervisor Erickson tried to put a stop to the devleopers and committee members using the process to designate their own land for development WHILE they were in escrow with each other. Finally county counsel stepped in and put a stop to it. By then the plan was a mess.....haphazard planning with a heavy lean towards massive development. She knew it would not fly....and it did not fly. And it still won;t fly.
Did you ever wonder why it costs so much to do business in California?
Do you think it would take much effort from the environmental communities to persuade the current administration, due to detrimental environmental hazards, to close the lake?
The dock issue was an issue during the BOS presentation. So what to do with the family owned lake front property with a dock, when all the family members meet to enjoy time together and use their dock in an overwhelming fashion?
B&B's are homes. They've just been converted to a bed with a morning breakfast offered by the on-site owners of the homes. Are there any lake front B&B's? Are you familiar with month to month or long term tenancy of rental homes? Are they paying a registration fee (AUP) with the county? That is the one's not represented by a Realtor. Are Realtor's offices required more than a county business license to provide rentals representation?
Thank you for allowing me to respond.
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