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Posted by: thepinetree on 07/24/2008 10:40 AM Updated by: thepinetree on 07/25/2008 12:25 AM
Expires: 01/01/2013 12:00 AM
:



Permit required for a Vacation Rental???? By~Carmie Sanchez

San Andreas, CA...Here we go again. As I sit and listen to the Board of Supervisors meetings my thought goes directly to where are our leaders? Who are these elected officials that are making choices in the interest of the Public? That’s why the BOS exists right? At least that is what their mission statement implies.” The Mission of Calaveras County Government is to provide service, infrastructure, leadership and vision necessary to advance a safe community , maintain a high quality of life, while preserving local history and culture, and to protect personal liberties for all of its citizens “. All of the citizens or just the ones in front of them complaining? It is time the Board of Supervisors start thinking about all of the implications of the ordinances they are so quick to approve. I know that the county is trying to avoid litigation. As long as there is law the law will be challenged. I understand that our county is very diverse. In some of these issues, the other districts may as well be in another Country. I know of very few vacation rentals in Valley Springs or West point but yet those Supervisors have a vote. In this case a vote that threatens to put yet another layer of bureaucracy and added gridlock to our already gridlocked system...


So here is the issue this is very condensed but it is hard to summarize 4+ hours. This meeting is posted on thepinetree.net if you want to take a look. A few homeowners, mainly in Copperopolis that have decided that they are unhappy with vacation rentals in their neighborhood. There were approximately twelve people, give or take, who spoke from Poker Flat and two homeowners from Sky High Ranch. They spoke about the inconveniences of having traffic and all night parties. A few of the homeowners from Poker Flat stated that they had already tried to pass no vacation rentals through their Homeowners Association and could not get a 2/3 vote. This tells me that the majority of the home owners want the option to use their homes for vacation rentals. Now they have found some ambiguous language in the zoning code and want the county to enforce a no vacation rental policy. Let’s also keep in mind that these developments were developed for vacation use. There were many individuals who spoke of the importance of vacation rentals in our corridor and the income that they provide by paying TOT tax. As well as some common sense solutions that could help solve the true issue.

There was discussion about having an enforceable noise ordinance. The Community Development Agency recommended six solutions including the extreme, a permit process. The Board of Supervisors voted to pass a permit process. It was said in the meeting that this was going to be mainly a registration process a simple fee and then an over the counter permit would be issued. The Community Development Agency is going to work out all of the details and bring it back before the BOS for approval. By the way the vote passed 3 to 2. My thoughts are how is this going to solve the problem?
I had the opportunity to hear Stephanie Moreno Director of the Community Development agency speak about this issue in front of a group. She explained that the Process was going to be simple. Homeowners will go to the county, fill out a simple form and pay a small fee and they will issue you a permit. Simple right?
Here is the rest of the story when you file for the permit all of the homeowners within 300 ft will be notified that you are planning on having a vacation rental. If they have concerns you will have to go through the planning process. WHAT????? This is where you lost me. If anyone has had the opportunity to deal with our counties planning process, it is at best frustrating and cumbersome not to mention expensive. There were many questions asked such as is there documentation that this is a county wide problem? The response was that it would take several hours of staff time to prepare such documentation. So let me get this straight at this point we are not even sure this is a problem except for the few homeowners that spoke at the BOS meeting and complained to the county? I believe the CDA said during BOS meeting that they had six formal complaints. They also did not think about making the permits transferable so that when a house transfers owners such as a sale or inheritance, the process will have to be repeated. Basically you could have owned vacation rental for the past 30 years and now if you sell it and your neighbor objects you could lose the right to use the house as a vacation rental. So simple right? What is so hard about leaving it the way it is? If this is a countywide problem where is the documentation? How is this going to solve the noise and traffic in Poker Flat?

I took about 10 minutes of my time to find out that there are approximately 8700 non owner occupied homes in the county. Just do some basic math. Even if 30 percent of those homeowners want to use their homes as vacation rentals they will have to file for a permit that’s 2610 homeowners so if 30 percent of those homeowners have neighbors who don’t want to have a vacation rental next door they will have to go through planning that is 783 homeowners that have to go through planning. The last time I checked the planning department was able to complete only ten projects out of approximately 250 projects in twelve months without accepting new applications. So who is going to pay for all of the postage and paper to send the notices? Who is going to pay for the extra staff to handle the additional workload? What about the lost revenues of the TOT tax while the homeowners are going through the process? Who will enforce this? How will it be enforced? Our county already has to cut the budget including staff. Most importantly how is this going to solve the noise and traffic issues that seem to be the core of the problem

I am not a vacation rental owner but someday I might want to be. If I was forced to go through a lot of red tape I would buy it somewhere else. I don’t know about you but I don’t feel that this is protecting my personal liberties or preserving the history of our County. Take the time to read the attached newspaper archive ads for Blue Lake and Poker Flat when they were original sold. The Poker Flat (Lake Tulloch Shores) is trying to inspire you of the possibilities of having your contractor build you a weekend retreat or possibly even a full time residence. The Blue lake Springs ad uses the enticement of a second income by renting your cabin through their unique rental service. Then tell me that areas in our county were not developed for vacation homes and rentals. This is a part of our history. If the Board of Supervisors are protecting the liberties for all of the citizens, why weren’t all the citizens notified. I am sure if the county notified just the 8700 non owner occupied homeowners made them aware of the process they would get lots of negative input. Where does this stop. This is just a scenario that should be absurd, but is it? Let say my zoning code allows me to have a dog; it does not specify size or color. I have a white dog and my neighbor doesn’t like white dogs. Can they challenge the zoning code because the language is not specific? What is the county councils definition of a dog? Absurd? What is the difference? Who wants to live in a county where your neighbors have more of a say in your property rights than you do?

Let’s face it why put in another process that has not been thought out. That our county has no funds to implement or enforce, that will cost the homeowners and the tax payers’ money. That will not solve any of the core issues. Put an enforceable noise ordinance in for 12 months and see if that works first.

I challenge everyone who has interest in this county to think about it. Talk about it. Ask about it. And then contact all of the Board of Supervisors and tell them what you think about it.


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