NORTH FORK — Residents on Cascadel Heights Drive are taking their case to the Grand Jury, after what they say have been months of futile efforts to compel the County to enforce zoning regulations and stop allowing Airbnb’s to operate in their mountain neighborhood.
Airbnb bills itself as a “trusted community marketplace for people to list, discover, and book unique accommodations around the world,” and indeed does allow visitors to experience the real flavor of a community, and property owners to earn some income on homes that might otherwise be vacant.
But the use of two homes in the Cascadel Heights area as Airbnb properties have prompted a group of residents to file a Citizen Grand Jury Complaint, alleging that the County has violated zoning ordinances and “community norms” by granting business licenses for this purpose in their residential zoned neighborhood.
Rick and Kris Hamilton have owned their property for about five years, and say the quiet enjoyment of their home has been disrupted by the coming and going of people occupying homes that are not zoned to be “rented out like hotel rooms.” They also say the County has flatly refused to take any action to correct the situation.
“Since April, this has become a full-time job,” say Kris of the community’s efforts to get the County to stop allowing the practice. “We tried to do this nicely and quietly, but have just been stonewalled. We’ve now spent hundreds of hours and thousands of dollars just trying to get them to enforce their own regulations.”
All residences in the neighborhood are zoned “RRS” – Residential, Rural, Single Family. Bed and Breakfast establishments are permitted, which are defined in Code section 18.04.083 as “a residential building with lodging offered for compensation. Limited to 3 guest sleeping rooms, 8 guests, and owner must reside onsite.” One of the homes advertised on Airbnb states that it offers 5 bedrooms, and can accommodate 12 guests. The owner lives in another part of the state, and the property is managed by a couple in Ahwahnee.
The Hamiltons, along with 13 other homeowners in the Cascadel Heights neighborhood, say there are transient occupants coming and going, and they don’t know who these people are.
“These people are often noisy and they throw their cigarette butts out into the pine needles,” says Kris, noting that the area is under an outdoor smoking ban due to the high fire danger, and that outsiders don’t really understand the serious nature of the fire hazard.
She also says that one property does not have sufficient well capacity to properly service guests with water, and that water supplies have been depleted on numerous occasions, requiring delivery of water to the property and amplifying concerns over fire protection. Guests at that house, which is next door to them, have come down to ask them what to do about the water situation, says Kris, again disturbing their right to quiet enjoyment of their home, forcing them to “police” the situation next door, and exposing them to unknown safety issues with strangers wandering around the neighborhood.
“People are being blindsided by this,” says Kris. “There are no inspections for water, septic or ADA, and we lose all the Megan’s Law protection. You don’t know who these people are.”
She says that neighbors have also had to report numerous nuisances to the County Sheriff for noise complaints.
The Hamiltons and others assert that these zoned-residential properties are functioning, in effect, as hotels, without regard for the sanitation, health, utility, ADA, ingress/egress, traffic control, commercial business inspections, and other things that would be required of a commercial enterprise.
After several conversations with County Zoning Administrator Norm Allinder and District 5 Supervisor Tom Wheeler, the Hamiltons say they retained an attorney, and on July 8, filed a Grand Jury complaint.
According to Supervisor Wheeler, now that the issue has moved into the courts, the County cannot comment on the specifics of the case. He does say, however, that the issue of Airbnb’s is fairly new, and the County does not currently have regulations in place to address the changing landscape of short-term rentals.
“I took this issue down to County staff when we got the first email,” says Wheeler. “At this point, people have a right to do it. We’re monitoring the situation in Cascadel and collecting information from other counties to see what they’re doing.”
And indeed the issue of Airbnb’s is being discussed, wrestled with and litigated across the state, with city and county officials trying to figure how to make things fair for everyone.
One Town Council member in Mammoth Lakes is quoted in the Sierra Wave as saying, “Airbnb is no different than any other business. We’re just asking for an equal playing field. We have to comply with ordinances and so should [they].”
In June, the San Francisco Board of Supervisors passed new legislation that would require short-term rental sites to police their own listings for properties that violate city regulations, or face $1000/day fines.(wired.com)
In Los Angeles, city officials enacted legislation in April stating that Airbnb hosts “would be legally responsible for nuisance violations by guests and would have to register with the city and pay the same kind of lodging tax that hotels do. Breaking any of these rules could result in fines ranging from $200/a day to $2,000/a day,” reports spcr.org.
Back in Madera County, Supervisor Wheeler says the Board of Supervisors discussed the issue in closed session yesterday, and that getting a county ordinance changed can take up to six months, with public hearings and research.
“The issue of Airbnb has never been addressed. This is a brand new situation, but there are 128 of them in Madera County now, with about ninety-nine percent in the mountains. As of now, they are just like any other rental, and the owners have to have a business license and collect the Transient Occupancy Tax. They are not a Bed and Breakfast,” and would therefore not fall under the ordinance cited by the complainants.
The Hamiltons allege that business licenses are “irresponsibly granted to applicants in residentially-zoned neighborhoods,” and that District 5 Supervisor Tom Wheeler “defended the County position by stating that he has rentals too, and doesn’t want to hurt the rental market,” causing them to question whether this is a conflict of interest.
Wheeler denies that allegation, saying that he hasn’t owned any rental properties for nearly 20 years.
Meanwhile, the Hamiltons say they’re not going away, and will continue the fight to stop what they see as a failure on the part of County to enforce their own regulations.
“It is infuriating that County employees apparently feel that they have an open County checkbook full of taxpayer dollars to spend on legal defense for their stance on illegal land uses and collecting an illegal tax,” says Kris, characterizing it as “gross negligence and complete dereliction of duty.”
Supervisor Wheeler says people should recognize that these kinds of changes take time, and they are not ignoring the issue.
“We’ve had someone from the County up there three times in the last two weeks,” says Wheeler. “We’re keeping an eye on the situation, and checking on how other counties are addressing this type of issue.”
Related reading:
Mariposa County General Plan for Transient Occupancy Facilities
Mono County Addressed Transient Rentals
Carmel-By-The-Sea prohibits some transient commercial use of residential property
San Luis Obispo deals with short term vacation rentals
Woman Ordered to Pay $15K for Airbnb Rentals Without Permit
Landlords and tenants: To Airbnb or not Airbnb, that is the question
My wife and I fully support Rick and Kris Hamilton’s efforts to enjoy their residential neighborhood as it should be, a residential neighborhood and not a motel, hostel, hotel, etc. What Mr. Wheeler and the County should be enforcing is all AirB&B’s and similar B&B’s are NOT allowed until the County makes a decision. It is appalling that the Hamilton’s only option is to take this to the Grand Jury to maintain their legal rights for peaceful enjoyment of their property which “IS THE LEGAL LAW”!!! Our Supervisor’s cannot even figure out that residential property’s are for the enjoyment of single families and home-style living? Plus their are numerous B&B’s and AirB&B’s in Madera County that do not meet current codes, all the County has to do is go visit and inspect them. But once again our Supervisors will side on the money side and do as little as possible to resolve this. We wish the Hamilton’s the best in their fight,, and SHAME on Madera County,, once again.