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Home My Public Portal AboutPublic Comment John Falk - TSBOR Darrah Johnston From: Town of Truckee, CA <webmaster@townoftruckee.com> Sent: Tuesday, September 8, 2020 4:20 PM To: Truckee; Hilary Hobbs Subject: *NEW SUBMISSION* Public Comment Form for Short-Term Vacation Rental Ordinance and Permit Program Public Comment Form for Short-Term Vacation Rental Ordinance and Permit Program Submission#: 530614 IP Address: 47.208.181.115 Submission Date: 09/08/2020 4:19 Survey Time: 3 minutes, 50 seconds You have a new online form submission. Note: all answers displaying"*"' are marked as sensitive and must be viewed after your login. Name John Falk Email jrfintel@outlook.com Phone (optional) 5304123835 Public Comment See attached 8-page Adobe Acrobat PDF file, reflective of TSBOR's formally commentary on the Draft STIR Ordinance. Thanks.John R. Falk lf your comment exceeds 2000 characters, please use the attachment function below to attach your comment in a separate document. Attachment TSBOR_Commentary_Draft_STR_Ord.pdf Please ensure that you enter your email address in the box below and click the SUBMIT button to receive a copy of your submitted responses for Public Comment. Thank you, Town of Truckee This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 1 T A H 0 E SIERRA BOAR I) () 1• REA LT O R S Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee,CA 96161 e-mail: sue@talioemls.com 08 September 2020 The Honorable David Polivy, Mayor The Town Council The Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 Delivered electronically on Tues., 08 Sept. 2020, at 1545 hrs. Re: Commentary on the proposed Town Ordinances to address Short-Term Rentals (STRs) and Noise. Support for many sections, and requested revisions to other sections of the proposed ordinances. Dear Mayor Polivy and fellow Council members: This correspondence is in reference to the request for input on two ordinance proposals currently under consideration by the Town. Namely, (1) the proposal to create a STIR permitting process, a set of nuisance abatement regulations, and an associated fee and fine structure; as well as, (2) establishing noise restrictions and regulations. The Tahoe Sierra Board of Realtors®, the professional association for the real estate community in the region with over 1,000 members and affiliates, including those who engage in professional property management, appreciates this opportunity to comment upon the draft proposals. Most of our Realtor"' members not only work in the region, but live here too, so we have a direct vested interest in both protecting private property rights and business practices, as well as protecting the quality of life that attracts both residents and visitors to our region. Within this communication, we will call out specific provisions that we find important and valuable, as well as those which we find problematic. When problematic or suboptimal aspects of a proposed ordinance are highlighted, we will make every effort not just to find fault, but to offer up an alternative approach that we feel better meets the need. We are not adversaries in this process, we are your allies. To begin with the proposed Short-Term Rental Ordinance (Chapter 5.02 Transient Rentals of Residential Units), we agree that there is value in having a registration certificate process Page 1 of 8 1 TAHOE SIERRA BOARD OF REAt.TORS Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee, CA 96161 e-mail: sue@tahoemis.com in place (5.02.030,, subsection A). Such a program affords the Town and its citizens better tracking, increased transparency, and makes plain the rules of conduct, that by accepting a certificate they are agreed to, and followed due to the "teeth" of penalties for bad actors. We are very appreciative of the articulation of STRs as a legitimate usage of residentially zoned properties, for we also believe that this type of use is in keeping with the residential nature of the zoning district (i.e., a family in a home is a legitimate use, be it a primary owner living on-site full-time, a second homeowner coming up from time to time, a long- term renter living on-site full-time, or a short-term renter residing on-site for a few days to a month). This sentiment is well captured in the final sentence of Section 5.02.030, Subsection "A". It reads, "Short-term rentals are allowed in all zone districts that allow residential use with approval of a transient occupancy registration certificate ." Well said. However, still within subsection "A" of Section 5.02.030 it specifically disallows "...any person to advertise, maintain, operate, or use as a short-term rental an accessory dwelling unit or junior accessory dwelling unit, as those terms are used in California Government Code Section 65852.2", and continues with, "No transient occupancy registration certificate shall be issued for any accessory dwelling unit or junior accessory dwelling unit." We find this provision unnecessarily restrictive, burdensome, and damaging to those who may choose to utilize such an accessory structure from time to time in an STR capacity. Of course, owners of ADUs, Junior ADUs and the like which have voluntarily accepted a deed restriction or other covenant that limits the parameters for use should not be issued a Certificate to utilize it as an STR. But this point is more than adequately covered in Section 5.02.050 "Prohibitions". Subsection "A" of that section states, "A structure or property with a recorded covenant, deed restriction or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short- term rentals are prohibited, shall not be used for short-term rentals." This provision alone is both necessary and sufficient to address when ADUs or any other residential structure may not be utilized as an STR. An alternative approach to addressing ADUs in Section 5.02.030 (Registration Certificate Requirements) would better reflect the diversity and flexibility of uses, existing as well as future, for ADUs. Perhaps the midsection of 5.02.030, addressing ADUs, could/should be Page 2 of 8 TAHOE SI ERRA BOAlll) ()E RrAITORS Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee, CA 96161 e-mail: sue tahoemis.com stricken, and replaced with language that indicates "if two or more habitable residential units are under a single Assessor's Parcel Number (APN), only one of those units may apply for and receive a STR Certificate, so long as all other conditions for operation are met. Furthermore, this provision is only applicable to properties which have not incorporated a deed restriction or similar covenant that would otherwise preclude such usage—see Section 5.02.050, Subsection A." This would allow for some properties with multiple habitable dwelling spaces the flexibility to utilize them in such a manner that still matches the residential nature of the area and its underlying zoning. The suggested re-write would also better comport with Section 5.02.010, "Definitions", fifth paragraph, which defines "Short-term rental" as including, "...a single-family dwelling, a secondary dwelling unit, multi-family dwelling unit, studio, condominium, townhouse, duplex, guesthouse, bedroom within an existing residential unit, tiny home, cabin, multi-person dwelling, or yurt..." (italics, underlining, and bolding added). In keeping with the above articulated line of reasoning, within that same section (5.02-030), Subsection "4" — Rental unit type - might be more accurately reflective of the range of residential types within the parentheses ..."(i.e. home, condominium)" if it were to be reworded. If characterized as ..."(e.g., detached single family homes, condominiums, Accessory Dwelling Units, etc.)." This proposed revision, while minor, seems more instructive and inclusive, as well as clearly noting that the list offered up at this point in the document is but a sampling of the possible range. Please consider rewording this set of examples to remain consistent with the other sections of the ordinance, and worded in such a way as to clearly reflect that the list is only a partial list, offering up a few examples of the types of residential structures that might be included in the range of residential structures that may apply for an STR Registration Certificate. Many of the remaining subsections within the Registration section (5.02.030) are necessary to ensure that the Town's approach to managing complaints is efficient and functional. By and large these requirements are reasonable (e.g., "C" -Application process- to include the operator's name and phone number, the APN, the designated local contact person's name and phone number, on-site parking requirements, garbage service with animal resistant Page 3 of 8 1 TA F10E SIERRA B()A R 1) ()t: 11 E A 1.'T()R S Established in 1958 12315 Deerfield Drive phone: (530) 5834275 Truckee, CA 96161 e-rnail: sue@tahoemls.com containers/storage, having appropriate safety items on-site such as smoke and carbon monoxide detectors, fire extinguishers, etc.). Nevertheless, two subsections within 5.02.030 are worthy of reconsideration, namely Subsections "5" Maximum occupancy", and 11911, "Date of most recent inspection...". To begin with Subsection 5, regarding occupancy, the head count excludes "...children under five (5) years of age." While it is right and necessary to exclude minors from the occupancy limits/restrictions, setting the cut-off at five years old seems far too restrictive and burdensome. One could argue that any minor child (i.e., under eighteen (18) years of age) should be excluded from the head count. Placer County's STIR Ordinance, enacted in 2019 (ref. Ord. 5990-13), sets its age exclusion to "...under sixteen (16) years of age." (ref. 9.42.030, Subsection "B", item "6"). Please reconsider the overly restrictive nature of Truckee's proposed age cut-off for inclusion in the occupancy head-count. To retain the five years old or under standard would have the net effect of requiring families to rent much larger residences, at higher cost, thereby financially chilling out many working families from coming up to our region to vacation. Additionally, such a provision begs for ever-larger homes to address this bedrooms mandate, which is an overarching direction that would have unintended consequences in shaping the types of homes built in the area. Turning to Subsection "9" of Section 5.02.030, dealing with inspections. In this, and all other areas of the proposed Ordinance that would mandate on-site internal inspections of the home, we ask that you reconsider this intrusive provision in favor of the owner's official attestation in writing that the provisions as articulated are in-place, and in good working order. This statement of compliance could/should be required to be renewed each year when the certificate holder seeks to renew that certificate to operate. This process would be more efficient for both the property owner and the governmental entity that would otherwise be required to have adequate numbers of inspectors at the ready to engage in such on-site inspections. In-home on-site inspections should be reserved/limited to known, suspected, or reported deficiencies for which cause then exists to demand such a governmental intrusion. If the argument in rebuttal is one of health and safety, then in fairness, equity, and in the interest of all who reside in Truckee, shouldn't this on-site in- home inspection be applied town wide? If not, why not? What makes the health and Page 4 of 8 1 TA HUE S1 ERRA B0AR1) ()F REALT0RS Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee, CA 96161 e-mail: sue@tahoemis.com safety of an STR resident more important to protect than the long-term renter or the homeowner? While our organization is and always has been a strong proponent of public health and safety provisions, we believe that this particular provision in the proposed ordinance is better served though an owner's statement of full compliance; thus allowing our fire professionals to concentrate their inspection and remediation efforts on the community-wide Defensible Space objectives. Uncontrolled wildfire is a much more pressing concern, one that affects us all in regard to the preservation of life and property, the protection of the natural environment from devastating catastrophic wildfires, and the region-wide difficulty being experienced by homeowners in obtaining and retaining insurance. The availability and affordability of structural fire insurance is a real crisis in the here and now. Any and all available inspection efforts should be directed to addressing this pressing and ongoing need. Looking next at Section 5.02.040, "Operational standards", with the notable exception of Subsection "L", the requirements seems reasonable. As for Subsection "L", please refer to this correspondence's immediately preceding paragraph (above); attestation is preferred over on-site in home inspections. One portion of the introductory paragraph for the operational standards section seems overly vague and unnecessary. Specifically, we would ask that you consider retaining the first part, (i.e., retain - "All short-term rentals shall comply with the following standards"), but strike the remainder of that sentence (i.e., strike — "...and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located."). This second phrase within the preamble to Section 5.02.040 is too vague, overly broad and open-ended, rendering it ripe for abuse by being cited by anti-STR activists as a reason enough to exclude the practice without direct evidence or cause. Those who oppose STRs outright use that broad-brush philosophical statement as the main argument against their existence. Rather than invite debate and dissention over STRs in this section of the ordinance, simply allow the standards, "A" through "M", as evidence that STRs will not disrupt the peace, safety, and general welfare of the neighborhoods in which they are located. The Section addressing "Prohibitions" (5.02.050) is comprehensive yet concise. It captures all the potential unwanted activities that could occur on a given property; well throughout Page 5 of 8 1 TA I--I OE SIERRA BOARD OF REALTORS MEMMOMMEN Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee, CA 96161 e-mail: sue tahoemis.com and well written. One thing that struck us while reviewing this, and many other sections of the proposed ordinance, is their potential applicability to the community at-large, not just STRs. With the exception of some points that would be irrelevant to owners or long-term leases (e.g., Subsections "E" and "G" of the Prohibitions section), why wouldn't it be prudent to preclude incidental camping, wood burning outdoor appliances, and special events (such as weddings, concerts, commercial functions...) on all residentially zoned properties? Issues of concern regarding health and safety, such as fire extinguishers in good working order, along with smoke and carbon monoxide detectors, seem as important for the protection of local citizens as they do for temporary visitors. Why are STRs called out for differential and unequal treatment under the law? Just a "big picture" philosophical issue for you to grapple with. A question regarding the use of the term "citation", as is seen in Section 5.02.060, "Penalties; certificate denial, suspension, and revocation". While the term is used repeatedly in this section, by way of example, in Subsection "A" it states, "A prior citation for purposes of this section shall be an earlier administrative citation for violation of this chapter on the same property that occurred less than one year prior to the current citation." It is again referenced by name in Subsection "4", "...for which three citations have been issued for violations of this chapter within a 12-month period...". Would you clarify for us if you use the term "citation" to be equivalent to "conviction" or "uncontested admission of guilt"? In general, we've viewed the term as reflective of a charge of wrongdoing, or notice that a violation is being asserted, not that the issuance of a citation as an a priori finding of guilt. Please clarify this for us. Along the same line of inquiry/concern, subsection "3" allows for the denial of a certificate when the owner or operator is, "...under investigation for violation of, any local, state or federal laws, statutes, ordinances, rules or regulations pertaining to the operation of a short-term rental". While it is understandable that the issuing authority would be cautious of renewal of a certificate under such circumstances, as written in this portion of the ordinance the person in question has not been found to be in violation of anything at that point in time. Using the "innocent until proven guilty" premise, wouldn't it be more prudent on balance to process the application, knowing it could be suspended or revoked if the charges currently under Page 6 of 8 TAYIOE SIERRA I3()ARl) ()I• RrAl T()kS Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee,CA 96161 e-mail: sueC6b.,tahoemis.com investigation are upheld? Perhaps this phrase could be reworded to better reflect that state of affairs and the consequences of a guilt disposition ultimately being rendered. Just a thought. Staying within Section 5.02.060, subsection "7", we would ask that you simply strike that entire item. The reasoning is as mentioned previously in this correspondence, it's too vague, lacks precision, and seems difficult to enforce such a grand sweeping generalization. As for the item directly following it, number "8", we would again ask that you redraft the verbiage to reflect a formal attestation by the owner or operator, as opposed to an internal inspection. To conclude our discussion of the draft STIR ordinance, we would implore you to keep the costs associated with registration as low as possible, so as to not have it serve as an artificial barrier or impediment to a homeowner engaging in occasional short-term rentals to augment their income or offset the many expenses associated with homeownership. Any "fees" should be just that, a fee that actually reflects the cost directly associated with providing the service. As such, enforcement actions and other activities unrelated to registration and obtaining a certificate should be separate and distinct from the base fees associated with administrative compliance to secure a certificate. In fact, you might consider in future years raising the fines and penalties imposed upon bad actors; for the ramifications of bad actors should "sting" sufficiently to dissuade them from engaging in the offending activity. Additionally, it is far superior to punish the bad actors than it is to ratchet down the overall ability to short-term rent one's home. Punish the offenders, not the property owners at-large for the misdeeds of the few. Thank you. ---------------------------------------------------------------------------------------- Shifting gears briefly to discuss the separate draft noise ordinance, because the issue of noise is discussed in both the STIR ordinance as well as in the stand-alone noise ordinance, it's unclear as to the applicability of the stand-alone noise ordinance to the community at- large. Would you please clarify. ---------------------------------------------------------------------------------------- Page 7 of 8 TAAA1 L= HOE SIERRA IiOAR1) Ol- R1::."TORS Established in 1958 12315 Deerfield Drive phone: (530) 583-0275 Truckee, CA 96161 e-mail: sue tahoemis.com In conclusion, the Tahoe Sierra Board of Realtors® finds many meritorious areas in both the draft short-term rental ordinance and in the draft noise abatement ordinance. We did take note of some concerning aspects within sections and subsections of the STIR ordinance as originally drafted, and would greatly appreciate your consideration of our proposed revisions to the document. If you would favor our organization with an early preview copy of the final draft ordinances to be placed before the Town Council it would be greatly appreciated. If the staff report on this upcoming Council agenda item becomes available earlier than expected, we would very much like the opportunity to review it as well. Thank you in advance for your time and attention, and for your commitment to service to the public as our elected officials. All the best, Fou John R. Falk Legislative Advocate On behalf of the Tahoe Sierra Board of Realtors°, Inc. cc: Ms. Phoebe Landre, President, TSBOR Ms. Sue Ruane, Chief Executive Officer, TSBOR Mr. Sam Drury, Local Gov. & Housing Committee Chair, TSBOR Page 8 of 8