A Highlands response to the CVA Letter on STRs

 

There are some serious problems and omissions in the CVA position that will need to be addressed for it to have my support, for example a 4 bedroom home could legally have 2,912 guests per year. And in fact, they could rent rooms by the hour if they wish.
The CVA position is:
No absentee owners, property management companies, corporations, or LLC’s would be permitted. The owner would be required to be a permanent year-round resident, and the home would be his or her primary residence. The owner would be required to live in and be present on site during the short-term rental period. Owners would be limited to no more than one STR. Parking at STRs must be provided off-street for both visitors and residents, fires must be limited to existing barbecue pits, and STRs must be spaced at least 1000 feet from each other.
 
Finally, we wish to point out that STR’s must, of course, be counted as Visitor Serving Units (VSU’s), as defined in the Carmel Valley Master Plan (CVMP). When STR’s are added to other VSU’s, the combined total must not exceed the caps for VSU’s of the Carmel Valley Master Plan. The vast majority of such permissible VSU’s have already been allocated. A count by the organization Host Compliance states that as of April 9th there were “143 unique rental units that fit the STR definition” within the Carmel Valley Master Plan area, 120 of which were “entire homes.” Most, if not all, are unpermitted. This number far exceeds what remains of the Carmel Valley Master Plan VSU allowance. Limiting STRs to home stays would help to bring the number of VSU’s under the Carmel Valley Master Plan limits, which must be done. The Carmel Valley Association requests that the Short Term Rental Ordinance being developed by Monterey County, to be consistent the Carmel Valley Master Plan, include this proposal.
Additional Requirements Needed for My Support:
  • The “Home Stay” cannot be the owner’s principal source of income, nor be the only source of income to pay the mortgage.
  • The owner has to provide some proof they are there during the STR. This can be done by video or some other form of proof posted to a social media site. Otherwise the ordinance is completely unenforceable.
  • The County must do a study on required personnel and resources to enforce the ordinance, and then provide those resources.
  • The limits on Visitor Serving Units under the Master Plan needs to be observed for all areas, including Carmel Highlands and Big Sur. In Carmel Highlands generally there are only 28 additional Visitor Serving Units allowed. Big Sur is also near its limit (300 cap).
  • No rentals of less than one day.
  • The total number of STR guests cannot exceed 2 per the number of permitted bedrooms, less one bedroom for the in-residence owner.
  • No advertising of unpermitted rentals, and Host Compliance or equivalent service is required.
  • Leach fields must be maintained to commercial standards.
  • ADA Compliance (I need to think about this given all the restrictions)
  • Camping STR’s on unimproved land shall also be counted as Visitor Serving Units and subject to the same rules.

STRs – Carmel Valley Letter

The issues and concerns are similar. I suggest that each of you interested in this issue for Big Sur write to the county so concerns are recorded. The Carmel Valley letter does not address the issue of shared private roads and/or easements, which is filled with potential litigation.

CVA Letter to County Supervisors and Planners Regarding Short Term Rentals

Date: April 20, 2018

To: Supervisors, Planning Commissioners, Monterey County RMA Staff
From: Carmel Valley Association
RE: Short Term Rental Ordinance

The following is a supplement to our previous correspondence to you regarding Short Term Rentals:

The Carmel Valley Association strongly recommends that within the Carmel Valley Master Plan area, short-term rentals (STRs) be limited to “home stays.”  “Home stays” are defined as short-term rentals that are owner-occupied and managed. No absentee owners, property management companies, corporations, or LLC’s would be permitted. The owner would be required to be a permanent year-round resident, and the home would be his or her primary residence. The owner would be required to live in and be present on site during the short-term rental period.  Owners would be limited to no more than one STR.

This requirement would minimize the impact of STRs on the housing supply, discourage the conversion of long-term rentals to tourist use, and help address the shortage of affordable, decent, safe, long-term housing for people of all income levels in Carmel Valley.

Residentially zoned areas traditionally permit non-intrusive business activity. Examples of such permitted activities are home offices, bookkeeping services, and music instruction. Such services are conducted by owners or residents who live on the property and generally have a minimal impact on neighborhoods. Allowing non-owner-occupied STRs, which are, in essence, hotels in residential areas, would be inconsistent with residential zonings and would risk significant disruption of quiet neighborhoods.

Many California cities have dealt with this problem.  San Francisco, Santa Cruz, Bishop, West Hollywood, and Santa Monica, among others, have passed ordinances limiting STRs to home-stays. The opinion of the 6tth District Court of Appeal in a case involving the City of Carmel is especially applicable to STRs where the resident owner is not present:

“Such rentals undoubtedly affect the essential character of a neighborhood and the stability of community. Short-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally, they are here today and gone tomorrow — without engaging in the sort of activities that weld and strengthen a community.”(Ewing v. City of Carmel-by-the-Sea, 234 Cal. App. 3d 1579.)

In addition to our recommendation that STR’s be limited to home stays, for the peace and safety of residentially zoned neighborhoods, we urge that parking at STR’s must be provided off-street for both visitors and residents, fires must be limited to existing barbeque pits, and STRs must be spaced at least 1000 feet from each other.

Finally, we wish to point out that STR’s must, of course, be counted as Visitor Serving Units (VSU’s), as defined in the Carmel Valley Master Plan (CVMP).  When STR’s are added to other VSU’s, the combined total must not exceed the caps for VSU’s of the Carmel Valley Master Plan. The vast majority of such permissible VSU’s have already been allocated.  A count by the organization Host Compliance states that as of April 9th there were “143 unique rental units that fit the STR definition” within the Carmel Valley Master Plan area, 120 of which were “entire homes.”  Most, if not all, are unpermitted.  This number far exceeds what remains of the Carmel Valley Master Plan VSU allowance. Limiting STRs to home stays would help to bring the number of VSU’s under the Carmel Valley Master Plan limits, which must be done. The Carmel Valley Association requests that the Short Term Rental Ordinance being developed by Monterey County, to be consistent the Carmel Valley Master Plan, include this proposal.

We appreciate your consideration of our proposals.

Sincerely,

Pris Walton
President, Carmel Valley Association

It is very important that residents of Carmel Valley express their thoughts to the Planning Commissioners.  The draft ordinance and correspondence relating to this discussion can be found by going to the County Website.

Here is the County’s Current Policy (July 2015)

Map of Carmel Valley STRS as of February 2018

Carmel Valley Update

From a reader, Ernie Long last night:

The west end of Paso Hondo Road has been inundated with flood water. Generally, the water has entered houses and the road west of the junction of Paso Mediano and Paso Hondo. The three homes just to the east of the Garland Park ball field entrance have water running under and around them. As a local resident I was unable to walk west on Paso Hondo even to the area of the park entrance because of flowing water that was at least 1 foot deep.
Sheriffs and local fire protection District were present, including two pontoon boats and several gentleman dressed in wet suits. I encountered several residents walking east on Paso Hondo with fire personnel wading through water.
There are probably 40 to 50 homes west of the park entrance, and my guess is many of them are involved with water problems. As of 1230, the water has receded some what. Hopefully with the rain slowing down we will have a chance for the river to back off and leave the homes and people alone.
What has been described as a breach of a Leavy is inaccurate. The Carmel River in the Paso Hondo area has high banks and the volume of water simply became so great that it overran the bank on the north side of the river.

More Info re State Park Plan

Here is the link to the entire SP newsletter: State Park Plan Note: public comments are open until June 15th. Even if you can’t attend the public meeting tomorrow, you can include your concerns in a public comment.

And here is one page of the 4 page newsletter, for those who can’t or won’t click on the link:

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Bob Mattson, Barbara Sparhawk, and Black Walnut

Last week I got an email from a friend and fellow blogger in Carmel Valley, Barbara Sparhawk. What an amazing lady. Her life has been so rich and diversified, I want to be her when I grow up. She wrote for CBS News, FOX, and others in NYC, all the while doing huge murals in NYC, Coney Island and other places. You can find a sprinkling of who she is here: hawk’s Perch

Any way, she emailed me about a walnut tree that had shed a limb that she wanted to offer to a Big Sur wood carver. Rock Knocker is such a carver, so I asked if he would be interested. “Hell yeah!” he said, and so we were off to see the Farm Center in Carmel Valley on Robinson Canyon Rd. I hadn’t been since I moved to the South Coast, and there were LOTS of changes! I love what the place has become – an artist’s colony. Here are some photos of that journey.

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I am convinced that Barbara is a soul sister from a past life. If not, she should be!

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Barbara carried 90% of the wood to Rock Knocker’s truck. What a gal! I’ll make sure there is a bowl for you, but RK says it will be at least a year before it is ready to carve. If he won’t carve it, I will. My maiden name is “woods” for a reason!

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Lockheed (Santa Cruz) & La Brea Fires, 8/14/09

And unless something drastic happens tonight, I will leave you with this incredibly gorgeous photograph by Stan Russell of Santa Cruz. This was taken at 7:50 pm from the Surfer’s Museum at Steamer Lane. Thank you, Stan!!

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7:30 pm- Fire updates: La Brea: “From South Ops fire was at 69,131 acres with 10% containment as of 17:45PST” Inciweb confirms the acreage. Another report indicates it is “cranking.” Lockheed: KRON reports they got a handle on the “blow out” in scott creek and last chance rd area. Still lots of smoke, good live feed on KRON’s website.

There are several other fires: Yuba, Corral, and Coffin which are affecting resources, but not the Central Coast, so I am not reporting on them here.

5:00 pm – Lockheed update – “Wind and fire activity picking up in the Scott Creek drainage, per Cal Fire having a “blow out” sending lots of resource to hold this last operational periods work. SC County covered in smoke.”

4:00 pm – A state of emergency has been declared for the Lockheed Fire, by the Lt. Governor of California this afternoon. La Brea continues to rage. It has grown 20K acres in the last 24 hours, according to one source.

3:00 pm – Thankfully, the smoke from the Lockheed Fire is drifting out to sea, and conditions to the north are improving considerably. Unfortunately, the smoke from the La Brea to the southeast is impacting us down here on the South Coast, as least visually. I no longer “smell” the smoke.

This is a photo of the Martin Mars over Lake San Antonio taken yesterday:
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Only 5 Martin Mars ships were completed toward the end of WWII. Named the Marianas Mars, Philippine Mars, Marshall Mars, Caroline Mars, and a second Hawaii Mars, the 5 production Mars aircraft entered service ferrying cargo to Hawaii and the Pacific Islands.

Three of the original five tankers either crashed, or were destroyed in a Typhoon, while docked. The two surviving tankers are based at Sproat Lake near Port Alberni. The Philippine Mars is undergoing “extensive maintenance and renovation” and will not be ready to fly again until 2010. As of August 13th 2009, the Hawaii Mars was in service fighting the La Brea fires on the Central Coast of California. This is the one known as Tanker 223.

Here is a classic fire shot of the La Brea Fire:

Picture of the La Brea Fire sent by John Snow (ORC Fire). on Twitpic by John Snow (ORC Fire)

Noon update – La Brea Fire. All hell has broken loose, if this GeoMac is accurate. Look at all the long range spotting:
cluster fuck-la brea
One of my most knowledgeable sources says the Los Alamos fires have been contained, and is therefore suspicious that the GeoMac is 4-8 hours behind realtime. Still, it is of real concern on this monster.

Here is a fabulous panoramic of the smoke from Lockheed drifting down hanging over our coast, Carmel Valley, and Los Padres National Forest. Photo by Kelly O’Brien, reporter for KUSP and resident of Jamesburg/Cachagua:

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11:00 am – Lockheed update:

This thermal map shows where it jumped the Empire Grade:
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Lockheed Fire Incident Information:
Last Updated: August 14, 2009 10:55 am
Date/Time Started: August 12, 2009 7:16 pm
Administrative Unit: CAL FIRE San Mateo – Santa Cruz Unit
County: Santa Cruz County
Location: Bonny Doon area – Smith Drainage
Acres Burned: 4,170 acres
Containment 4,170 acres – 5% containment
Structures Destroyed: 2 outbuildings damaged
Threatened: More than 250 residence are currently threatened in the Swanton and Bonny Doon communities.
Evacuations: Mandatory evacuations for Bonny Doon and Swanton affecting 2,000-2,400 people.
Cause: Under Investigation
Cooperating Agencies: CAL FIRE, Santa Cruz County Sherriff
Total Fire Personnel: 676
Engines: 120
Fire crews: 16
Dozers: 15
Water tenders: 3
Costs to date: $ 750,000
Major Incident Command Team: CAL FIRE ICT #9
Conditions: Significant resources have been ordered for this incident. Problems and concerns include weather, steep terrain and limited access to the fire perimeter. Strong gusty onshore winds are predicted today, and could push the fire further to the east toward the community of Bonny Doon.
An evacuation center has been established at the Vintage Church at Hwy 1 and Mission. A large animal evacuation center has been set up at the Watsonville fairgrounds and a small animal evacuation center has been established at 7th & Rodriguez.
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8:00 am – La Brea update: While most of the information on inciweb is from yesterday, they did provide an update on personnel and acreage. Impressive gains last night:

Current Situation
Total Personnel 1,859
Size 67,092 acres
Percent Contained 10%
Labbrea perimeter map
(“borrowed” from firefighterblogger’s twitter pics)

Having difficult finding any “official” updates on the Lockheed Fire this morning. Will post more when I know more.
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6:30 am – reports are not in yet, as a smoky dawn just greeted me, but one report on twitter during the night indicates they “lost” the Horse Canyon line on La Brea. On the Lockheed Fire, I have seen little new information so far this morning. Will continue to track both during the day.