In Petaluma’s short-term rental policy, no vacancy for tree house owner

As conversations about housing and short-term rentals are at the forefront of Sonoma County’s political landscape, one Petaluma homeowner is at odds with the city over an unconventional development - a tree house.

The months-long debate centers around an 82-square-foot tree house perched about 20 feet up in the branches of a stately cork oak in Cherry Valley. Petaluma photographer Joe McDonald spent about $25,000 to add new windows, a bathroom and shower, a mattress and a spiraling iron staircase to the tree house, listing it as a short-term rental through Airbnb in May 2015.

McDonald, who signed up for a short-term rental permit with the city, said more than 160 people from 10 countries visited the tree house.

He spoke about his unique rental property in a March feature in the Argus-Courier, but that publicity sparked issues after a city code enforcement officer informed him the use of the tree house as a short-term rental was not permitted and the structure was in violation of city codes and ordinances. McDonald complied with requests to shut the operation down, though he said it came as a shock.

“You would think, I’m not taking long-term rentals out of the mix, I’m paying taxes and I’m bringing business to Petaluma, which makes money for everyone in Petaluma, it all works and it’s all good,” McDonald said.

City officials contend that McDonald didn’t make clear on the permit application that the property he’d be renting was a tree house, and he didn’t have a permit to use it as a dwelling, according to Code Enforcement Office Joe Garcia.

McDonald said he wasn’t aware he needed to provide those specifics on his application, though Deputy Planning Manager Kevin Colin said the city’s short-term rental ordinance is “largely self-reporting,” and property owners are responsible for providing accurate information about the nature and location of rentals. He said officials may consider “asking more questions at the counter” moving forward with the process instated last year.

While looking into the short-term rental issues, officials determined that McDonald had remodeled the tree house without obtaining required building permits, and that the structure seemed to be in violation of setback and height requirements set forth in the city’s zoning regulations, Garcia said.

McDonald said he didn’t think he needed permits for work on the tree house, which was on the property when he bought his home several years ago and was already connected to electricity. He went on to spend an estimated $5,000 to gut the structure in hopes that he could revert it back to a play area for his grandchildren and end his battle with the city.

But, McDonald still isn’t in the clear, Garcia said.

Moving forward, McDonald will need a permit to either legalize the work that’s already been done or to approve the removal of the improvements, and he’s been asked to submit plans and documentation to both the planning and building departments to help make final determinations, Garcia said. He will likely be faced with the option to apply for a variance for the structure or tear it down, Colin said.

Garcia said McDonald has been issued a $100 citation, and additional fines could be levied with noncompliance. McDonald could also be subject to fines from the building department.

“The easiest way is to remove it and move on,” Garcia said.

McDonald said he has no plans to take the tree house down, though he’s unsure what his path forward will be and he has yet to submit plans to the city.

“It’s not hurting anyone’s safety and it’s a beautiful thing that looks wonderful in the tree and the neighbors don’t have a problem with it,” he said.

Though tree houses are listed as short-term rentals in various locations in the county, Colin said he’s not aware of any others for rent in the city.

Chief Building Official Doug Hughes said it’s doesn’t seem likely the city would approve a tree house as an accessory dwelling unit. Structures used as accessory dwellings trigger different requirements than would be necessary for a play structure, like a permanent foundation and square footage minimums for the amount of usable open space, according to a city ordinance.

“Tree houses are cool but not when you use them for a rental in our city,” Garcia said.