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HomeMy WebLinkAboutEmail from Dan Raner - Short-term Rentals Menchaca, Clarissa From: Bennett, Robin Sent: Friday, September 7, 2018 12:38 PM To: Snyder, Ashley Cc: Menchaca, Clarissa; Kirk, Maureen Subject: BOS correspondence FW: Re: Short Term Rental Draft Questions Hi, Please see the attached email correspondence from Dan Raner regarding Short Term Rentals. Thank you, R=��� ^ E~avre_' /Izeo/ ,inais/on, (530) 872-6304n5monem(ad6um~cottw w"1 //o//r County 017 c, 8mp,n'ix*r/)*t!p 3ow°r. Ila"n/ m[N,pon,i,s"r^, //iariox5 747Elliott Howl poroJi^� CA 95Vh9 From: dan@forestranch.com <dan@forestranch.com> Sent:Thursday, September 6, 2018 3:30 PM To:Teeter, Doug<DTeeter@buttecounty.net>; LambertDistrict4@ButteCounty.net; Connelly, Bill <BConne||y@buttecounty.oet>;VVah|, Larry<LVVah[@bwttecnunty.net»; |cgrundmann@gnna0zorn; jacquechase@gmail.com; rockdonati@aol.com; Pjohn7179@aol.com; Breedon, Dan <DBreedon@buttecounty.net> Subject:fw: Re: Short Term Rental Draft Questions Hello Board Members, Planning Members, and Staff, Greetings from Forest Ranch! At the request of the 13 folks residing on 9 parcels in our neighborhood, U began writing/phoning Development Services one year ago about our Short Term Rental complaints. I've just read the August 29th FINAL DRAFT and I thought I should share some recent correspondence I've had with Dan Breedon and Supervisor Kirk. I'm forwarding four emails. (1)June 27th to Dan Breedon with his responses inserted; (2) August 5th to Dan Breedon about the Meeting of Aug. 9th; (3) August 16th from Maureen Kirk asking for a Research Packet I sent to the BOS last December; (4)and, most importantly, my August 17th reply to Supervisor Kirk (with copies to Chuck T. and Tim S.) I fully understand that this STR issue is complex and I compliment everyone on your service. I only consented to research the issue at the request of my neighbors when one parcel owner opened a STR in 2016. The closest neighbor to the STR was undergoing cancer treatment, another neighbor was a recent widow, other neighbors work full time. i'm a retired High School Principal and County Schools Assistant Superintendent with experience in drafting and enforcing policies. So, started making phone calls and held a Neighborhood Meeting last October. Unfortunately, the STR owner is writing personal attacks against me and my wife by name in local papers and on the Forest Ranch bm||ednbomrddaimiogouruoncernmare~6dd|edvvithfa|msntatamon1o" He wrote to the BOS last January falsely denying our EYEWITNESS complaints and threatened me with legal action. This is an example of the ill will and stress that can easily result when Commercial Businesses with high profit incentives are allowed in Residential neighborhoods. It's a hard and difficult thing to file a complaint against a neighbor. I've been visiting family during much of August and it may be too late to change the Final Draft, but, still, I will be emailing our suggestions and revisions to the August 29th draft to you before the Sept. 27th Planning Commission Meeting. THANK YOU, 1 DAN & CAROL RANER From: 'Uan`~4fonestramchJcom" <don@fonastnooch.com> Sent: Friday, August 17, 2018 4:21 PM To: "Kirk, Maureen" <MnrkVabmttecounty'net> Cc: c1hist|ethwaitePbmttecoumty.neLtsmeAimgs@buttec000ty�U� Subject: Re: Short Term Rental Draft Questions Hello Maureen, Yes. t'm Dan Raner from Forest Ranch. At your request, I did send all BOS members a packet of research from several counties and cities. Jacqetyn Chase from the Planning Commission also wants a copy, but I don't have a home address for her. I can't email the packet. I'm now writing a memo on my research in response to the Aug. 1st REVISED STR ORDIANCE DRAFT. Ill email itto all BOS members and all Planning Commission members. Also, I'll copy to Pete, Chuuk. Tim, and Dan. A number of cities and counties are all drafting STR Ordinances at the same time. The initial comments at public meetings are practically all from folks with financial interests in STR. After the Ordinances are passed and STR opens up around the county....then residential homeowners will be asking many questions when a STR opens up in their neighborhood. Our neighborhood in Forest Ranch...with 13 folks from 9 parcels...is an example of what homeowners will find out when a STR opens near them. We were all surprised at the one owner who opened a STR in 2016 without a permit or notification. We had a Meeting and ALL agreed we have valid and reasonable concerns...and did not feet a STR in our area was appropriate. The STR owner did not attend our Meeting. I recentty found out that he sent you and other BOS members and Staff a long document tast January falsely denying all our eye-witness concerns...and blaming me personally. When two other neighbors (the Sheffields and the Gentrys)wrote to the STR owner with their concerns, he responded with very contentious letters. Other counties and cities are grappling with this complex issue. Our main concern is with UNHOSTED STR. Bed and Breakfast operations....that DO have an owner on site.. need a USE permit. So...why does an Unhosted STR only need an Administrative Permit? I'm hearing from Planning staff that the BOS wanted a"STEAMLINED" process, so staff chose the Admin. permit process where neighbors have no in-put and wilt only be notified AFTER the permit is issued. Each neighborhood will be different...but in our case...we have a STR in an Rural Foothill 5 acre zone..in an "Officially Designated State Fire Zone" umaPrivmgoGmvo| road...withaSharedVVo||...end#heuuotomamaUuohavetotna,e| owermaoonndPr|vmtaGrave| road that is an Easement access through my property...to get to the the STR. Also...our portion of Stohr Road is the final part of the Stohr Rd. Home Owner Agreement complex of about 25 |s_witha private gate. Because our ten parcels were developed later,we were not part of the HOA...which DOES NOT ALLOW ANY RENTALS AT ALL. So...eUuepormitpmo*onwnu|doonoidor^RehatiomxhiptoSmmzumdingLondUuen^ and "Is the STR COMPATIBLE with the neighborhood character?" I will detail our concerns and suggestions...with examples from other counties and cities...in my email to everyone. I'd like to point out that I'm writing for 13 residents who have had the experience of a STR in our neighborhood. I've read in BOS and Planning Commission Summaries that: 'There were NO complaints from Forest Ranch" (Mr. Calarco asked me NOT to write a complaint, but just a letter.)and that"One resident complained about Fire danger (NO.—bwas 13peop|e). My neighbors and I are not"NIIMBYs" or"Curmudgeone or"Squeaky Wheels"or"Anti-Business". When BOS and Planning Meeting participants label and frame our concerns that way, it's not helpful in drafting an Ordinance that reflects all constituents'opinions, You wrote me last spring, Maureen, that the BOS could not"restrict" STR from any areas. However...among other counties, Sonoma has a section of their STR Ordinance that allows for"EXCLUSION X" zones where neighborhoods could apply for a restriction of STR....and 12 Neighborhoods have done so. The city of Capitola in Santa Cruz has a"TRANSIENT RENTAL OVERLAY DISTRICT" (TRO)where STR are not allowed. I predict that if Butte allows STR in all Residential Zones....many neighborhoods will be spending money on lawyers to form HOA..with a lot of unnecessary resentments, I've had much experience in drafting and enforcing new policies in school districts. I appreciate the hard work that the Planning Department is doing. The DECISION MAKERS on the BOS and Planning Commission witl never please everyone with whatever they pass. That's why I would consider ALL the constituents impacted by a new Ordinanceeven if they didn't come to a public 2 meeting...and ask myself all the complex potential problems that could arise. Then, I could explain my rationale when the complaints came in. Thank you for your public service and your communications with me. DAN RANER (345-4763 - 4751 AJ Stohr Road, Forest Ranch.) From: "Kirk, Maureen'` <MKirkObuttecounty.oet> Sent: Thursday, August 16, 2018 9:58 PM To: °dan " fores1ranch.com" < » Subject: Re: Short Term Rental Draft Questions Was it you that sent a synopsis of rules for short term rentals in other counties? If you have it, I would love to review it I can't seem to find it in my files Thanks Maureen Kirk Sent from my iPhone OnAug 5. 2O18. mt1:14PM, ,'danAforest[alchlcom<muino:dmn6&,f nestranchcoD?>" <dan@foreotnsnohcom<mei|0u:Umn@fomo1menoh.uonn^>vvmte: Hello Mr. Breedon, Thank you for your reply to my questions in June. I will be unable to attend the Planning Meeting on August 9th. We have a long planned family vacation that week. I hope my written concerns will be equally considered as would boa public meeting comment, You mentioned that the Planning Commission may not schedule another"in-put"meeting after August 9th.You also mentioned a Planning Meeting in September and a Board of Supervisors Meeting in October, Does that mean that the current draft on Short Term Rentals will become a Final Document to be voted Up or Down at the September and October meetings? I do believe that the current Butte draft on STR is out of the norm when compared to most all other California counties STR policies. Commercial Activities have always been restricted to certain Zones, especially businesses that are entirely dependent on customers arriving at the property...like motels and STR.The premise statement from the Planning staff that STR should be an"option"to all property owners presupposes SW throughout the entire county. Doesn't the CARR FIRE give pause to the Planning Commission in allowing hundreds of customers to travel to the foothills for Short Term Rental options?Many STR in the foothills will be on Private Gravel Roads with dry weeds and little or no water access. Asaformer High School Principal and County Schools Assistant Superintendent Ufully understand the diffiouVtyand responsibility in drafting and enforcing policies. I hope you will not rely too much on the handful of public meeting comments from parties who have a clear financial interest in STR. believe there are thousands of property owners who have not come across the fine print announcements of this complex issue. Bed and Breakfast, Room Rentals,and Home Rentals are very different issues. One policy does not fit all. Sincerely, DAN RANER From: "Breedon, Dan"<DBreedon@buttecounty.net<mailto:DE3reedonAbuttecounty.net>> Sent:Wednesday, June 27, 2018 5:14 PM To: ''dalAfores8nanch.com<maihm:danAfbrentnanoh.uom>^«danhgrestranch. restcsnoh.com» Subject: RE: Short Term Rental Draft Questions Hello Dan, thank you for your email and questions. I have provided responses below your questions in your email. I encourage you to attend the August 9, 2018 Public Workshop at the Planning Commission as discussed bellow, 3 More information on the County's Draft STR Ordinance process is available online here: https:8vmmwbuttacountv,ne8ddo/Plmnninq/Notmb|ePnojectn/8hortTermRenrs|n.a§_px� Feel free to call or email should you have any further questions or follow-up Best, Dan Breedon,AICP, Principal Planner Butte County Department of Development Services<hfips://vwvw.buttecounty.nettdds/Home.aspx> 7 County Center Drive, Oroville, CA 35985^h1tcs://w^w.qooq|e.00m/maps/p|eoe/7+Count.+Can1er+Dr±{Oroville±CA±95905/©39.5245988,: 121.5700O8?.17z/datm=!3m1!4b1!4m2!3mn1!1u0x8O0ob5077e48d9d8:0x4bm2bBf9O3c7aGc1> T: 530.552.3882<te1:5305523882>(direct) or 530-538-7601 (main) T=iMer<httpo://kwittecoom/ButteDDS> IFaoebook<ht1pu://wvmmfacebook.onm/8u11eCnuntvDDS> I YouTube<httos://www,voutube.com/user/CountyofButte> I Join DOS Email List<httP:yviaitorr2Q.00nston1conteo1oom/monoge/onhn?v=DO1PTUl55zVN- iiPhTQxOcZyKmKVVK8H|L4UEmfrUp0BG1ja 83xJFwAL VNOYsk4Dw30U0hfrmn9dzFnNpAwu4h4iEmJNuKNI32ZLUDz7lpa0SJiVqGdUn UAVVEeTA'0Qxn5Re5Vvq1P18HBQZQV5B2cjtieD87QUuQtLjSZGH3QOP5RuZ1xxiC5wiq°/03DY63D> [power_butte_|ogo_omyk||]<http:Vpmwor.butteonuntv.net/> ATTENTION:THIS IS A NEW PHONE NUMBER. PLEASE UPDATE YOUR RECORDS From: dan"`*QnemtmanDh.Dom<mmi|to:dmnaforeotnanch.00m> < o:danA/mEeotraOch.comn^^ Sent:Wednesday,June 27,2018 3:24 PM To: Breedon, Dan <DBreedon"_butteooun onAbuttecowmty.net» Subject: Short Term Rental Draft Questions Mr. Breedon, My name is Dan Raner and I live in Forest Ranch. I have written several letters and had phone conversations with County Supervisors, Pete Calarco, Tim Snellinigs, and Chuck Thistlewaite regarding SIR. I live on a section of AJ Stohr Road with ten parcels of about five acres each.We are all subject to a Private Road Agreement and Shared Well Agreements. One of our parcel owners began advertising and renting out his home oomSTRin2O1G, All the other nine parcel owners objected and,at the urging of Pete Calarco,we held a Neighborhood Meeting in 2017. I and others sent our objections to the Board of Supervisors and the Administrative staffWe requested that GTR be prohibited on Private Roads' especially in the foothills due to tire danger. The older section of AJ Stohr Road with about 20 parcels has a Home Owner's Agreement in all deeds that prohibits any rentals. I watched the Board Meeting of February 13,2018,where there was further public in-put. At the request of Supervisor Kirk I had sent each Board member a research packet of about a dozen different counties and cities in northern California that prohibit STR in certain zones and carve-outs. was pleased to hear Supervisor Teeter say in the February 13th meeting that there are"carve-outs"in the Sonoma County plan. He mmoQoned|ettemfromButtoCountyrouidontawhootjeothmSTRincortminamoaoduoto^fimdanger. finehydmamte. phvateroade. shared wells...and the rural character of certain neighborhoods" aopertheGenonakP|anguide]inen. I was not pleased to hear certain Board members and STR owners at the meeting refer to people who object to STR as NIMBYs and Curmudgeons and Anti-Business. I suspect that if the County polled all the home owners in residential neighborhoods and asked if they would object to having over 100 un-vetted motel customers a year living and partying next door....the County would probably hear a loud response...especially if these customers were traveling over a private road and using shared well water. If only 1-2 of these customers with low-riding cars caused a spark and started a fire...who would be responsible? I've read the draft document on STR for Butte County, It appears to have no carve-outs and STR will be allowed in every part of our county. Is thus accurate? This is correct,we have not proposed any areas of the County where the ordinance would not apply.This is something that could be considered during the workshop process at the Planning Commission, but it did not come up at the last workshop. There will be time at the August 9, 2018 Public Workshop for members of the public to address the Planning Commission directly regarding concerns and improvements to the draft ordinance. Among other objections with the draft....the 300 ft. "Notification" requirement would not apply to our situation. No home is within 300 ft. so no neighbor would know about it. How about notification of the 4-8 closest neighbors, regardless of distance? 4 The 300 ft. notification requirement will be measured from the property line and it does not depend on the location of the dwelling.Any property owner within 300 feet of the property where the STR is located will receive a notification. If neighbors are notified and they object...would their objections have any effect on the permit approval?Are all permit applications approved regardless of neighbors'concerns? Notification of the STR will only take place after the Administrative Permit is issued.The Administrative Permit is not a discretionary decision-making process.When applied for,as long as the proposed STR complies with all of the standards and requirements contained in the ordinance it would be issued. Finally, I would like to know the adoption process and timelines.Will there be several public"readings"of the final draft before voting? And when will the final draft be completed and when do you anticipate the voting? At this point,the next public workshop is scheduled for August 9,2018, 9:00 am, at 25 County Center Drive, Oroville. It will be up to the Planning Commission as to whether they hold another Public Workshop after this one. If they choose not to hold another public workshop it is likely it would be scheduled for a public hearing at the Planning Commission in September,and then on to a public hearing at the Board of Supervisors in October.At each of these public hearings there will be time for the public to address each decision-making body. Should the Board act to approve the Draft STR Ordinance, it would be effective 30 days later. Thank you for reading the concerns of nine parcel owners in Forest Ranch. DAN RANER 4751 AJ Stohr Rd, Forest Ranch 530-345-4763 <image001.jpg> 5