Proposed Vacation Rental Ban on Lake Tulloch before the BOS

At the April 24, 2012 Board of Supervisors meeting the issue of banning vacation rentals on Lake Tulloch was a hot item. Those in favor felt it would reduce the lake noise and what they deemed excessive partying. Those opposed felt it was an infringement on property rights and a potential negative economic impact. 

Currently there are eleven home owners associations in Copperopolis yet only five of those are affected by what is being considered the core of the vacation rental issue – lake noise. Those are Peninsula Estates, Conner Estates, Shore of Lake Tulloch (Poker Flat), Copper Cove Homeowners Association and Calypso Bay. Of those associations it is reported that three – Connor, Penninsula, Poker Flat - have passed a ban on vacation rentals with the HOA’s solely responsible for ban enforcement. 

The BOS had requested a noise ordinance be drafted in 2008. In September 2009 Captain Jim Macedo spoke at a town hall meeting held at the Outcast Hall in Poker Flat stating that he had felt, "after countless hours of his time and that of county council," he had drafted an “ordinance that is enforceable.” Stating that the Sheriff Office felt it was necessary to “build a comprehensive noise ordinance for the entire county.”  One excerpt from the draft noise ordinance is as follows:

No person shall cause, suffer, allow, or permit the operation of any sound source on property or any public space or or public right-of-way in such a manner as to create a sound’ in previous stated places “in such a manner as tp create a sound level that exceeds the background sound level by at least 10 dBA during daytime hours (7am to 10pm) and by at least 5 dBA during nighttime hours (10pm to 7am) when measured at or within the real property line of the receiving property, which shall constitute a noise disturbance, provided however, that if the background sound level cannot be determined, the absolute sounds limits set forth in Table 1 Maximum Permissible Sound Levels, provided that if the sound source in question is a pure tone, the limits of Table 1 shall be reduced by 5 dBA.

The ordinance was not adopted.

In a phone interview with Sgt Mercado he stressed the efforts made by the SO (Sheriff Office) to inform the public about noise ordinances, “If the issue is noise then the noise needs to be addressed.” When asked if the SO was able to differentiate between response calls to vacations rentals versus residents he responded, “I have seen giant parties at rentals and at private homes.” Pointing out that some of the lake front homes are second homes where families bring friends for the weekends or lend the home to family or friends for use. If a ban or restriction is placed on vacation rentals the concern from the SO is the enforcement of a possible ban on short term rentals because there is no current “mechanism to enforce those issues.” He further stated the SO does not support restricting or licensing short term rentals.

In a Lake Tulloch vacation rental study report issued by the Planning Department emphasis was again placed on noise with overcrowding of the Lake and docks an added issue. Summer parties that target the younger crowd tend to involve large numbers of boats, continuous music and excessive alcohol consumption which has led to various public safety concerns. The report continued with of explanations regarding the “known problems”  and finishing with a “possible solution” stating that short-term rentals and single family homes can cohesively exist in the same neighborhood if proper regulations are in place, citing occupancy limitations, watercraft limitations per dock, quiet hours and a 24 hour contact in the event that a violation occurs.

Missing from the report is an economic impact report, either negative or positive. According to many local businesses within Copperopolis they were not contacted with regards to the economic impact from what they deemed the “summer tourist” influx. As with the Sheriff Department, the businesses were not able to differentiate between renters, guests of residents or second home vacationers.

Jack Cox of the Lake Tulloch Alliance in a recent article posted on the alliance website stated “Summer rentals only distabilize a community since the interest of renters wanting to party for the week often are not consistent in a community and are a disincentive to property owners to live at the lake during large portions of the summer.  At the time, it is clear that zoning for housing around the lake is R-1 and R-2 which does not permit hotel or B&B businesses which these rentals are.”

Real Estate Agent Betsy Duncan states that the areas in controversy are zoned R1, R2 and/or R3. From the California Zoning Pamphlet it states that zoning provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as well as to implement such general plan as may be in effect in any such county or city... its intention to provide only a minimum of limitation in order that counties and cities may exercise the maximum degree of control over local zoning matters. Duncan questions whether the proposed ban on short term rentals “is an attempt to privatize the reservoir” and adds her concern that the ban will create laws “that our law enforcement cannot possibly enforce."

According to a Calaveras County property rights advocate, “Property ownership features the rights to buy, sell or rent, providing there is no contract to the contrary such as CC&Rs. Homeowner policies cannot supersede the law. However, they could violate constitutional rights of the property owner.”

District 4 Supervisor Tom Tryon is not in favor of a ban, he did state that he will support an administrative use permit which includes occupancy limitations, watercraft limitations per dock, quiet hours and a 24 hour contact . “I am not comfortable going from lasse faire to a complete ban. We need more data to identify the problem or if a problems exists.”  Tryon also pointed out that there is a hotel and a campground on Lake Tulloch - a public reservoir - that impacts the waterway without known data of the impact.

Supervisor Spellman, the one dissenting vote on the BOS with regards to this issue, stated that without the adoption of a administrative use permit vacation rentals are nothing more than businesses, "With that in mind, you don't allow an illegal business to continue to operate while you take years to decide how to deal with it. You declare a "cease and desist" order until such time that an acceptable use permit can be drafted." He also stated that short term rentals could be legally accommodated if guidelines and permits were in place.

Update 5-7-12 6:24 am.
Spellman comment added.