Some believed there would be hell to pay. If this week’s meetings are any indication of what’s to come, that’s a fair assessment.
The long-anticipated community meetings about the county’s proposed ordinance to allow short-term rentals and special events commenced at the Big Sur Grange on May 28, followed by a May 29 meeting at the Carmel Highlands Fire Department. At both meetings tempers flared, and while it seemed many if not most in attendance were opposed to short-term rentals, there were several present who spoke up in their favor and against the strict terms of the ordinance, albeit less heatedly.
Both meetings were led by county planner John Ford, who struggled through no fault of his own to control the flow of dialogue, as emotions at times reached a boiling point. In the Carmel Highlands meeting, Ford was drawn into a shouting match with a man opposed to short-term rentals (also a vocal attendee at the Big Sur meeting) who wouldn’t stop talking after Ford politely asked him repeatedly to do so.
A message Ford tried to bring home in both meetings—attempts that largely failed— was the time has passed for an airing of grievances about whether short-term rentals should even be allowed. Ford says the county is aware there are many people on both sides of the issue, and the proposed ordinance is an attempt to come up with a solution that will meet them in the middle.
In the Carmel Highlands meeting, Ford even admits: “I frankly, at this point, don’t know if we could define a box that 51 percent of the people would agree to. That’s just being really honest. So one of the things we’re trying to do is work through, what are the things that really trouble us for those that have concern about short-term rentals.
"And then, are there ways to address those. Can we have a civil dialogue about that. And that’s what we think we have attempted to do with these ordinances, is we’ve presented things, and frankly, one of things that you start to know you’re kind of getting some place, is when you’ve got both sides screaming at you saying you’re unfair.
"That is essentially what these ordinances have done. We’ve gotten opposition from the same concept from both sides, saying ‘You haven’t gone far enough! You’ve gone too far!’ And so perhaps it’s starting to scratch the itch a little bit.”
If Ford can be faulted for anything in the two meetings, it would be for failing to disclose facts that one must assume he is privy to: Just after Ford said the above statement, he was asked if there are any communities that have banned short-term rentals outright.
“We see discussions on that,” Ford says, neglecting to add that Carmel and Monterey have had ordinances outlawing such rentals for years.
In similar fashion, when attendees seemed to believe the Coastal Commission is opposed to short-term rentals, Ford let them go on believing that, when actions over the last years by the Commission clearly indicate it generally supports short-term rentals.
He also failed to disclose that the ordinance which the county passed in 1997 was not blocked by the Coastal Commission; rather, they sent a letter to Supervisors stating they didn’t the believe the ordinance should be subject to a coastal development permit, a view consistent with the county’s current stance.
The 1997 ordinance was never written into law because county planners failed to rewrite the ordinance to address the Commission’s advice, instead letting it collect the dust which is now being kicked up. Ford indicated in the Carmel Highlands meeting that he is unclear about what the Commission’s objections were.
Little, if anything, was accomplished at either meeting.
In Big Sur, a call was made for a show of hands for who would support short-term rentals if the ordinance stated the property must have an owner that resides on-site. Nearly all raised their hands in support.
Absentee landlords, at both meetings, were referred to with scorn, and many feared real estate companies would simply start buying up homes to rent them out short-term, effectively destroying communities.
Gary Patton, the attorney retained by the Monterey County Vacation Rentals Coalition (a group of homeowners in support of STR’s), was present at both meetings, and after the Big Sur meeting he felt good about the possibilities ahead.
"I admire what Mr. Ford did, saying look, ‘We could talk for hours about potential problems, or potential positives, but let’s focus on what might be a way to get a good system in place,’” Patton says. “That is what our coalition is going to focus on: What is it we can do to put a good program in place. And we think there’s a way to do it, and there’s a benefit if we can do it.
"It will be a much better situation if we can get a good ordinance in place for everybody, including those who are having problems.”
Patton, who specializes in land-use policy, adds that the idea of requiring a property owner to reside on-site is “possibly” feasible by law, adding, “We would probably prefer not to have that distinction made, but it’s a little tricky when you start making those kind of discriminations, it starts raising concerns about equality under the law.”
He could not say whether the coalition would support that stance if the county decided to adopt it, but says they would probably seek an ordinance without such discriminations.
Patton also adds the idea that real estate companies would buy up homes to rent them for profit is false, saying property managers in the coalition “have done the math” and it doesn’t add up: “Unless you’re actually going to be living in the property part of the time, to buy a property for short-term rental doesn’t make sense.”
Both meetings ended without any kind of resolution, other than Ford saying another set of meetings would happen again in two weeks, and that they will be intended to focus solely on solutions.
Given the acrimonious nature of this week’s get-togethers, Ford might do well study up on his conflict management techniques, buy some good luck charms and get lots of sleep. Past mistakes have led the county to this current impasse, and Ford is now bearing the brunt of his own agency’s missteps in letting the ’97 ordinance slip through the cracks.
The short-term rental battle has begun, and for all the talk of solutions, it feels as if the gloves have only just come off.
(10) comments
It's a pity.
The same destructive dynamic that I witnessed in public forums for years as a local and regional planner, private developer, public official, and non-profit philanthropist again rears its ugly head in the vacation rental debate.
A single person with hidden agendas (and possible personal mental health issues) dominates and distorts the discussion by sheer volume using fear to displace rational review.
I guess it's not surprising that the many supporting vacation rentals would be less likely than a zealous opponent to attend a public forum.
Should a rational, democratic, and widely beneficial practice in other, saner, jurisdictions need that much public support?
Apparently so.
It would be so gratifying to see Monterey County achieve the level of sanity here as in San Luis Obispo and other jurisdictions, but, sadly, the old software programming dictum GIGO applies to human processes just as persistently; "garbage in; garbage out."
Robert Alexander
If you are not part of the solution, you are part of the problem. Those full-time residents who are occasionally disturbed by the actions of their neighbors, be they owner-occupants, long-term tenants, or vacation guests, should employ neighborly methods to achieve a neighborly resolution. Someone parked across your driveway? Point out to them the reason it is a problem to you (can't get your own car in), and ask them politely to move their car. Occupants next door too noisy? Ask them politely to lower the volume. Most people will accommodate others when asked to do so. But don't suffer in silence and then complain about it. And finally, know your neighbors and know who to contact if/when there is a problem. Property owners and property managers WANT to solve a problem for you, so don't be shy! Speak up!
We are a family that has had a short-term rental in Carmel Valley for three years. This business has brought so many rewards to travelers who don't wish to, or possibly can't afford to stay in a hotel when visiting our beautiful area, but would rather have a more intimate experience through the eyes of a local resident. When I first started visiting this area 33 years ago, I rented a room illegally from a 92-year old lady in Carmel three times over the course of two months. She was renting this room secretly as a means to just stay afloat until she died. The stories she told me gave me an insider's perspective of the area, helped to develop my reverence and respect for this sensitive environment, and afforded me the opportunity to make local acquaintances preceding my move to the area three months later. I have now been a resident for 33 years.
While I fully understand the concerns of local residents who wish, as I do, to maintain the peace, charm, and safety of their individual neighborhoods, I feel that not enough of the " big picture" is viewed from their side of the debate over short-term rentals in Monterey County. To try and solve the individual problems they may have with a particular short-term renter, or their guests, with a "blanket ban" turns neighbor against neighbor and erodes the very peace, charm, and safety they are trying so hard to protect. Anyone remember the murder in Carmel Valley over a 4 x 10 foot piece of land when one of the neighbors wouldn't budge? We simply cannot act this way.
Take the issue of dogs. There are dogs that bark. There are dogs that bite, and even dogs that have killed people in this county. Should the county ban dogs? No! The county has methods of dealing with and controlling dogs and their owners that cause the problems. Dogs that are behaved, or at least controlled, bring many positive benefits to their owners and our area. The same view can, and should be applied to the issue of STR's. I would like to see a "three strikes, you're out" policy adopted by the county to regulate problem STR owners. Is that not a reasonable approach that would satisfy parties on both sides of the issue? We need to compromise like grown adults., please.
I appreciate that David Schmaz has the courage to tell the truth of
what is really going on here and I applaud him for describing the County's role in creating the problem in the first place considering that the County has probably caused more damage by not following thru on a fair and reasonable permitting process as instructed by the board of supervisors over 12 years ago and in doing so are responsible for pitting neighbors against neighbors and doing more damage than any vacation renter lost on a private road could ever do. The lack of implementation has set up people to go underground and had neighbors spying on each other, and turning them in without even the courtesy of a face to face conversation. Even a phone call would have been better than spying on your neighbor and turning them in to the County.
I also applaud the girl from the highlands asking every one to put on their big girl and big boy pants.
We need to come together with solutions and the spirit of give and take. We need to listen and pause and see how we can prevent some of these problems. It is really not that complicated. Once rules are in place you have accountability. Why are so many people having to suffer for a few disrespectful guest actions? We need to figure out how we deal with complaints and not allow our neighbors to turn against each other.
There is a solution to every problem. I wish at John Ford's next meeting he would say that if you voice a complaint then you offer a solution that is respectful and fair and good for everyone not just keep repeating the same complaints over and over. [smile]
Mr. Patton is correct when he brings up the discrimination factor. Bestowing certain privileges to one group of individuals (hotels, motels owned by individuals thru stocks) is a clear violation of the 14th amendment to the U.S. constitution.
Why does it need to be all or nothing? Why does it need to be so filled with vitriol and anger?
This “thing called life” is always full of compromises and flexibility and we, as owners of vacation rentals would, of course, like to have it totally our way…but we realize that it will require give and take from both sides in order to make this work so that we can achieve a win-win-win-win for everyone – which is truly our ultimate goal. Dear Opposers, is that your ultimate goal too???
We want our neighbors to be happy, the business community to prosper, the tourism industry to expand, our County Government to get paid their fair share, and of course, we want to be able to run our business in a civil and respectful manner just like any other business or person who lives here in the beautiful Carmel/Monterey area….without fear or intimidation or child-like retaliation.
What ever happened to “love thy neighbor as thyself” & “do unto others as you would want them to do unto you”….or what about as we were taught while growing up “treat all others with respect, dignity and equality” or how about “play fair and honestly on the playground” – have we lost all sense of what is right, fair, reasonable and respectful of each other?
We want to come to the table with solutions and resolutions to your concerns and/or frustrations....and we want you to hear ours, as well. Who from your side is willing to step forward and work with us towards what will work for all? It is time to put on our “big girl” and “big boy” panties and get the job done with maturity and respect and find resolutions that work for everyone involved…not just YOU and not just ME…but both of us TOGETHER.
We have many from our side wanting and willing to help to move to a center position….who will it be from your side?
In the Big Sur meeting, I was surprised that the County was still in the mode of compiling vacation rental problems. I would have thought that we were well past that stage. The agenda specifically denied time to discuss the benefits of vacation rentals and the solutions to problems. The Carmel Highlands meeting only touched on a couple provisions of the draft ordinance. We have a lot to do in the future meetings. Vacation rental owners are committed to working with the County to achieve a fair regulation. The one thing that most people seemed to agree upon was drafting a separate regulation dealing with special events.
As a Big Sur property owner with an on-site caretaker I would like to address the idea that real estate developers would or could buy up properties in Big Sur to rent out as short term rentals. Only people who have no idea whatsoever of the economics would suggest such a thing. At best, short term rentals lighten the very substantial financial load of maintaining a property in Big Sur. The costs are non-stop and mounting and it is literally impossible to run a house with a mortgage, insurance and caretaker costs at any sort of profit with STRs. Having STRs for a few months of the year enables us to HIRE LOCALS to do essential work to maintain the property, ensures we can give a percentage to the local fire brigade, and helps cover the mounting cost of insurance and maintenance. We still do this at a loss, just not the massive loss we would incur if we didn't have STRs. I am fully open to and committed to understanding and acting on local concerns. We do not allow special events on the property; indeed we don't even book large groups (more than four people at a time). But we have done a tremendous amount to improve the property (better water systems, more eco friendly power systems, etc.) all with local labor, thanks to the income from STRs. Every dime we earn is reinvested in the community or the property. We are not all millionaires and we don't all have inheritances to play with, but we are respectful residents with much invested in Big Sur, both financially and emotionally. I hope we can work out a solution that makes sense for everyone. I would also note that the taxes that we pay to the county for STRs add up. Perhaps we need to ask if these funds can be directed at projects in the area that all agree are needed. Just a thought.
I own a vacation rental in the highlands behind a gate. I manage the property myself and my neighbors have been very supportive with no complaints. It has allowed me to keep my home through a terrible real estate market in my neighborhood. I fear what will happen should all these homes hit the real estate market at once should this be banned. We need balanced, meaningful guidelines and processes and manage this as any other business operation in the county is managed.
If you weren't born here, you once came here as a visitor. You either stayed in a BnB, Campground, Hotel/Motel or a Vacation Rental. Either way, we all serve the public and let's all remember that we are a destination location. Some of us were lucky enough to come back and live here. Vacation Rentals managed well in harmony with neighbors are an asset to our economy. The guests are people just like you. The Coalition is committed to working through all neighbor concerns in an action oriented way.
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