At the 2-12-13 Board of Supervisors meeting the issue of Lake Tulloch vacation rentals was visited once again.
The previous vote of 4-0 (Callaway absent) to adopt the ordinance requiring short term rentals being permitted went back to the drawing board at the Planing Department for some changes in language including but not limited to : exempting Driftwood Townhomes from the as they have no public access to the lake; visit the capacity of a home for vacation rental, possibly utilizing square footage in lieu of the current factor that allows 2 persons per room; change the title of the ordinance to Regulations for County Areas - not only Lake Tulloch. This re-opened the ordinance to more discussion.
Multiple citizens chose to speak to the issue.
Al Segalla stated that the restrictions on rentals should be adopted into CC&R's and requested a sunset clause.
Ralph
Copeland pointed to a church group that rented a home in his court
bringing in buses of children and porta potties at the top of the drive.
By the end of the hot week it was foul. He mentioned the amount of
boats that congested the small neck of the lake that his cove has access
to and the difficulty of launching at the Kiva due to the amount of
boat traffic. "We went (to the HOA) first step, that's why we're here.
If we have to go to Sacramento we will."
Mr Racz stated that corporations have bi-laws they need to follow. "This is just a family feud."
Scott
Frasier, a rental home owner stated he was never notified of meetings
that would affect his property. "We would all like to see something done
on lake noise and density" but proceeded to offer options to consider, a
wait period, capacity based on square footage as opposed to number of
rooms.
Bonnie Newman expressed concern at the lack of a
response from the CCLTOA (Copper Cove Lake Tulloch Owners Association)
and asked the Board if they had considered billing the homeowners for
Sheriff and emergency response.
John Pain questioned
what the ordinance would do to existing agreements as he has had a
renter for the past 15 years that visits Lake Tulloch. He asked what
factual data exists to support occupancy limits.
Matt
Crammer expressed concern that he has complied with all the requirements
that the county is discussing and questions the "subjective authority
of the planning department for denial of permit." The recent ban in
"Poker Flat from one week to a month rental has lost the County 140,000
in short term taxes we were paying."
Joe Kelly stated
the issue was that of a "commercial enterprise versus home
ownership...the HOA putting the problem on the backs of the people."
Ms
Dawson stated that the county's "intentions are good" but that they are
"opening a can of worms and a potential for unintentional
consequences."
Jack Cox stated "these rentals are
illegal...transcient rentals are not legal in this county...the best
thing to do is enforce the law and end them."
Brenda Cantanio questioned the use of Title 20 and not Title 17. Citing that Title 20 is laws for vessels and Title 17 is laws for property. She also pointed to SB150 which was adopted 1-1-12 stating that the county cannot disallow short-term vacation rentals.
Melinda
Hoff had "issues about enforcement." Citing that the noise ordinance had
jusr recently gone into effect and questioned if the County could "give
that a chance" and that the county is "just making paper laws after
paper laws."
Kathi Copeland spoke last, pointing to an
accident in her home that caused the loss of her arm and being thankful
it didn't happen in the summer as "rescue vehicles could not have made
it to my home. Its a safety issue."
Callaway began the Board discussion with a clear statement that she did not support the plan citing her concern that the County was going to be "managers of HOA's" (homeowner associations). She also questioned "What code are they violating? It's not our job to enforce this."
Supervisor Chris Wright responded, "It is our job to enforce code enforcement."
Supervisor Spellman stated that the weekend rentals were "running a business without a license." That the issue was of "public safety, the right to own and operate a business that is compliant with health and safety" laws. "I was offered not hundreds, but thousands of dollars to give preferential treatment to Lake Tulloch" issues. "I voted for a complete ban, this is a compromise."
Callaway questioned, "How are we defining a business?" And asked County Counsel if a previous statement made by citizen Jack Cox citing that the county was not enforcing current laws. County Counsel responded stating "I suggest that the county have a private meeting to discuss that issue."
Ponte stated, "I support this ordinance, we need a permitting process. We would hope that people would be neighborly and respectful, but its not just happening."
Supervisor Edson stated, "If its a business it needs to run like a business. Provide a safe atmosphere. (If) the business creates a safety problem (where) safety vehicles have no access to homes, fire, or hazards, if it was an emergency what would they do?"
The issue received a 4-1 to revisit the ordinance. Spellman pointed out the time frame of implementing the ordinance if the Board continues to revisit the issue will bring the County into rental season on Lake Tulloch and left the subject with one last statement, "They are running illegal businesses."
Rebecca Willis of the planning department stated that (CCLTOA is) "not taking care of the HOA" and the issue is being "off loaded onto the county."
The ordinance will be updated and reintroduced at the March 21, 2013 Board of Supervisors meeting.
