Town of Mammoth Lakes Voter Approval of Short-Term Rental Zoning Initiative, Measure Z (October 2015)

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A citizen initiative to require voter approval for any zoning changes to allow short-term rentals in additional residential areas was on the ballot for Mammoth Lake voters in Mono County, California, on October 6, 2015. It was approved.

Measure Z required voter approval of any changes to the zoning restrictions on short-term housing rentals in residential areas of the town that existed as of February 12, 2015.[1]

Election results

Mammoth Lakes, Measure Z
ResultVotesPercentage
Approveda Yes 910 68.89%
No41131.11%
Election results from Mono County Elections Office

Text of measure

Impartial analysis

The following impartial analysis of Measure Z was prepared by the office of the town attorney:

The Initiative to Require Voter Approval to Alter Transient Rental Zoning in Residential Neighborhoods ("Initiative") has been placed on the ballot by a petition signed by the required number of voters. The initiative will require the Town to obtain voter approval before amending the restrictions that existed as of February 12, 2015 regarding transient rentals and other transient uses in three zoning districts and in areas located within three General Plan land use designations.

Specifically, the Initiative would require voter approval in order to (i) allow rentals for 30 days or less, or allow hotels or motels, in the RSF (Residential Single Family) zone, the RMF-1 (Residential Multi-Family 1) zone, or the RR (Rural Residential) zone; (ii) allow 'Group Living Quarters' in the RSF zone or RR zone or allow such uses without a use permit in the RMF-1 zone; or (iii) allow bed and breakfasts in the RSF zone or allow such uses without a use permit in the RR zone. No voter approval would be required for rezoning of land currently in the RSF, RMF-1, or RR zones, but if a rezoning is completed without voter approval the restrictions put in place by the initiative would remain even if land were rezoned to a zoning district that would otherwise allow transient rentals, hotels and motels, bed and breakfasts, or Group Living Quarters. The Initiative implements these requirements by amending SEction 17.20.010 of the Town's Municipal Code.

Regarding the Town's General Plan, the Initiative would require voter approval in order to (i) permit rentals for 30 days or less (including in hotels and timeshares) in the LDR-1 (Low-Density Residential 1), LDR-2 (Low-Density Residential 2, or HDR-1 (High-Density Residential 1_ land use designations; (ii) allow bed and breakfasts without a use permit in the LDR-1 land use designation; or (iii) allow 'Group Living Quarters' without a use permit in the HDR-1 land use designation. No voter approval would be required for re-designation of land currently in the LDR-1, LDR-2, or HDR-1 land use designations, but if a re-designation is completed without voter approval the restrictions put in place by the Initiative would remain even if land were re-designated with a designation that would otherwise allow transient rentals (including in hotels and timeshares), bed and breakfasts, or Group Living Quarters. The Initiative implements these requirements by amending Policy L.5.B of the Land Use Element of the Town's General Plan.

California law does not require any environmental review for the changes made by the Initiative, and no environmental review has been conducted.

The Initiative would exempt projects which have obtained 'a vested right pursuant to state or local law' as of the effective date of the Initiative. The Initiative does not affect the Town's right or ability to collect transient occupancy tax from parties engaging in illegal transient uses.

If the Town Council revises transient use restrictions in the zones and General Plan land use designations affected by the Initiative prior to the Initiative being adopted, the Initiative would undo supersede those revisions. (quote)

—Andrew Morris, town attorney.[1]

Full text

The full text of Measure Z can be read here.

Zoning map

MammothMapImage.png

Support

Supporters

A group called Protect Mammoth's Neighborhoods was behind this initiative.[2]

The following individuals signed the official ballot argument in favor of Measure Z:[1]

  • Kathy Cage, former mayor and town council member
  • Thomas Gaunt, adjunct faculty at Cerro Coso College
  • Julie Thompson, Mammoth Lakes real estate agent, president of Mammoth Middle School PTO
  • Michael Agnitch, retired Mammoth High School principal
  • Byng Hunt, former Mono County supervisor chairman and former Mammoth Lakes mayor

Arguments in favor

Supporters of Measure Z argued that there were already more than sufficient opportunities for out-of-town visitors to stay. They claimed that there were more about 180 homes that were legal to rent, as well as "hundreds of luxury townhomes. Supporters stated, "The rules of supply and demand do not support expanding nightly rentals when occupancy rates are so low."Cite error: Invalid <ref> tag; invalid names, e.g. too many

Measure Z proponents also argued that expanding nightly rentals among residential areas of the town would remove units from the long-term rental market, driving out local residents and driving up rental prices. They also argued that short-term rentals encourage "noise, crowds, traffic, parking and garbage/wildlife issues" and would reduce the quality of life for permanent residents.[1]

Opposition

Opponents

Town Council Members Colin Fernie and John Wentworth submitted the official ballot argument in opposition to Measure Z.[1]

Arguments against

Opponents of Measure Z argued that it would hinder the town council from making the best decisions about zoning in the town by decreasing their authority and impeding flexibility. They also argued that the measure could have unintended consequences and harm the town's economy.[1]

Path to the ballot

See also: Laws governing local ballot measures in California

Measure Z was put on the ballot through a successful citizen initiative petition. For the rules governing local initiative petitions in California, see this page.

Related measures

Defeatedd City of San Francisco Initiative to Restrict Short-Term Rentals, Proposition F (November 2015)

Recent news

The link below is to the most recent stories in a Google news search for the terms Mammoth Lakes short-term rental zoning initaitiative Measure Z. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes