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Home My WebLink AboutSS 11-05; Vacation Rental Research; General Information (GI)w ^ FILE COPY I3I'J^ Memorandum January 31, 2012 To: Lisa Hildabrand, City Manager From: Gary Barberio, Community & Economic Development Director -"^ Via: Don Neu, City Planner Q// Re: Vacation Rental Research At its September 27, 2011 meeting, the City Council directed staff to conduct research and provide information in response to several questions regarding vacation rentals. Those questions, as well as staffs response are provided as follows: 1. How does the City of Carlsbad currently regulate vacation rentals? Currently vacation rentals are not explicitly addressed in the city's Municipal Code. The Municipal Code does not define or refer to the term "vacation rental"; however, the term has generally and historically been interpreted by staff to mean residential dwellings that are not occupied by the owner and are rented on a short term basis to persons seeking a vacation stay. "Short term" is generally considered 30 days or less, which is consistent with the city's transient occupancy tax (TOT) regulations in Municipal Code Chapter 3.12. The City's TOT regulations require a tax to be paid for any structure that is rented to persons for a period of 30 consecutive days or less for the purpose of "dwelling, lodging or sleeping." Neither payment of transient occupancy tax (TOT) nor acquisition of a business license would, in and of itself, authorize operation of a use that is not permitted by the Municipal Code. The Zoning Ordinance (Municipal Code Title 21) does not currently list "vacation rental" as a permitted use in any zone. The Zoning Ordinance is structured such that it only permits those uses that are specifically listed in each zone, as well as uses determined by the City Planner to be substantially similar to specifically permitted uses. The City Planner does not consider vacation rentals to be substantially similar to a specifically permitted use, however, the City's history in this interpretation has been varied. The current interpretation by the City Planner is that the use is not permitted anywhere in the city. Although vacation rentals are not currently permitted in Carlsbad (as interpreted by the City Planner), they are known to exist within the R-l One-Family Residential, R-3 Multiple-Family Residential, and RD-M Residential Density-Multiple zones. City records indicate that at least fifteen businesses maintain business licenses for vacation rentals, which contributed $214,600 to the city's TOT base during Fiscal Year 2009-2010. In addition, at least two residential projects have been approved by the city with conditions of approval that specifically preclude the use of the dwelling as a vacation rental. =^ VACATION'RENTAL RESEARCH January 31, 2012 Page 2 The city's code enforcement staff has received complaints about vacation rentals operating in residential zones, which are primarily located near the cities beaches and lagoons (See attached Memorandum dated January 25, 2012). Vacation rentals are often reported to the city as a nuisance, particularly when used to host large events including parties, and weddings. In past years, the city has been inconsistent in its interpretation of whether vacation rentals are a permitted use and thus, enforcement has been unclear and clarity in the city's regulations is warranted. 2. What have other cities done in addressing vacation rentals? Staff contacted six other cities in San Diego County that are located along the coast and are common destinations for tourists. Four of those six cities permit vacation rentals (three cities permit the use in residential zones and one city permits the use in commercial zones) and two cities do not regulate the use. Attachment 1 provides a table that summarizes how the six cities address vacation rentals in their communities. In the four cities that permit vacation rentals, the use is permitted and regulated through a variety of means that include any one or a combination of the following: a. Regulatory permits; b. Operational standards; c. Business licensing requirements; and d. Transient occupancy taxes. At the September 27, 2011 City Council meeting, Carlsbad resident Alice Brown presented the City Council with data on other jurisdictions that have addressed the issue of vacation rentals in their communities. The information provided by Brown is included as Attachment 5. Staff has reviewed the information provided by Brown and a summary of staff s analysis can be found in Attachment 2. 3. What are the advantages and disadvantages of regulating vacation rentals differently than how the city currently regulates them? Upon receiving direction from City Council, staff could modify existing ordinances and/or policies to specifically permit or prohibit vacation rentals within the City. Attachment 3 summarizes advantages and disadvantages of regulating vacation rentals differently through modifications to the City Municipal Code and/or policies. When considering the option to modify existing zoning regulations to prohibit or limit vacation rentals, one implication worthy of consideration is potential opposition from the California Coastal Commission (CCC). Any amendment to the Zoning Ordinance that would expressly limit or prohibits vacation rentals in the coastal zone requires CCC approval of an LCP amendment. The CCC has historically opposed attempts by other cities to prohibit/limit vacation rentals, contending that vacation rentals provide greater access to the beach, recreation and coastal resources. 4. Are there uses that could operate in residential zones that state law preempts the city from regulating? Attachment 4 summarizes a number of uses that state law preempts from local jurisdiction regulations. VACATION RENTAL RESEARCH January 31, 2012 Page 3 Alternatives for Citv Council Consideration: Staff has identified the following alternatives that the City Council may want to consider with regard to vacation rentals within the City. Alternative 1 If the City Council wants to prohibit vacation rentals, it may: A) Direct staff to propose a Zone Code Amendment and Local Coastal Program (LCP) Amendment to define vacation rentals and clarify that the use is not permitted in the city. Please note that this option would likely be opposed by the CCC. Or alternatively; B) Adopt a resolution with specific findings to support the City Planner's current interpretation that vacation rental uses are not substantially similar to any other specifically permitted use identified within the Zoning Ordinance. As this type of City Council action would not be considered an amendment to the Local Coastal Program, CCC action would not be necessary. Alternative 2 If City Council wants to allow vacation rentals in some zones, it may: A) Direct staff to propose a Zone Code Amendment and LCP Amendment to define vacation rentals and propose zones in which the use would be permitted. Additionally, City Council may direct staff to propose a Municipal Code Amendment to require an operations permit for vacation rentals, establish operating standards to regulate aspects such as noise, parking, signage, etc. and specify that vacation rentals be subject to TOT and business license requirements. Or alternatively; B) Adopt a resolution with specific findings to support the interpretation that vacation rental uses are substantially similar to certain specifically permitted uses (i.e. one-family, two- family, and multiple-family dwellings dwellings). As this type of City Council action would not be considered an amendmentto the Local Coastal Program, CCC action would not be necessary. The city is currently underway with Envision Carlsbad, which includes a forthcoming comprehensive update to the city's land use policies and zoning regulations. Ultimately the Envision Carlsbad process may be the most appropriate opportunity to address the land use and zoning code issues surrounding vacation rentals. Attachment 1 Survey and Research Data on Regulation of Vacation Rentals in Other Cities/Counties Attachment 2 List of Jurisdictions that Prohibit Vacation Rentals as Provided by Carlsbad Resident Alice Brown Attachments Advantages and Disadvantages to Alternatives of Regulating Vacation Rentals in Carlsbad Attachment 4 Residential Uses Preempted by State Law from Local Zoning Regulation Attachment 5 Vacation Rental Related Articles and Information Provided by Alice Brown Attachment 6 Code Compliance Complaints—Vacation Rentals Memorandum (dated 1/25/12) cc: Ron Ball, City Attorney ATTACHMENT 1 SURVEY AND RESEARCH DATA ON REGULATION OF VACATION RENTALS IN OTHER CITIES/COUNTIES CITY UNREGULATED, PERMITTED OR PROHIBITED TRANSIENT OCCUPANCY TAX COLLECTED REGULATIONS BUSINESS/ REGULATORY LICENSE REQUIRED DID CCC APPROVE/DENY A LCP AMENDMENT? Coronado Permitted Yes Permitted only in: motels; certain lodging houses; and a multiple- family residential zone in the Orange Avenue Corridor Specific Plan Area. No Yes, the Coronado LCP was approved in 1983; but based on recent CCC action, it is unlikely that the Commission would support prohibition of vacation rentals in the majority of residential zones. Del Mar Unregulated N/A N/A N/A N/A Encinitas Permitted Yes Permitted in residential zones, subject to operating permit (not zoning entitlement); also permitted in certain nonresidential zones, subject to zoning entitlement (e.g., CUP) Yes Encinitas proposed a LCP Amendment to prohibit vacation rentals in all residential zones. CCC approved the LCP Amendment with suggested modifications that vacation rentals be allowed in residential areas west of Highway 101. Encinitas did not accept CCC suggested modifications and instead approved a separate municipal code amendment that did not require a LCP Amendment. The Municipal Code amendment required operations permits and established operating standards for vacation rentals. Imperial Beach Permitted Yes Permitted only in certain commercial zones. Yes. Yes. In 2002, the City of Imperial Beach sought to amend their LCP to prohibit short-term rentals in all residential zones. The CCC rejected this proposed amendment as unnecessarily restrictive. In 2004, the CCC did approve an LCP amendment to add short- term rentals as a permitted use in the Commercial and Mixed- Use zones near the , shoreline and to phase out the existing uses in the residential area. Oceanside Unregulated Collected on volunteer basis in the event real estate agency managing unit registers with business license. None No N/A Solana Beach Permitted Yes Permitted only in residential zones with an operating permit. Yes No, Solana Beach does not have a LCP approved by CCC. ATTACHMENT 2 LIST OF JURISDICTIONS THAT HAVE ADDRESSED VACATION RENTALS AS PROVIDED BY CARLSBAD RESIDENT ALICE BROWN^ LIST OF JURISDICTIONS FOR WHICH ALICE BROWN PROVIDED DATA STAFF ANALYSIS Avon, Colorado Vacation rentals are permitted in an overlay zone that applies to a portion of the "town center area", but the use is prohibited in all other areas of the city. Cambria, CA (County of San Luis Obispo) Vacation rentals are permitted in residential zones. Operating standards apply; including that rental of a residence shall not exceed one individual tenancy within seven consecutive calendar days. Carmel, CA The city has "vacation rental rules" that say: "In order to preserve Carmel-by-the-Sea's residential character, no home or subordinate unit may be rented for less than 30 consecutive days." Dana Point, CA No information received from Dana Point staff Encinitas, CA Permitted in residential zones, subject to operating permit (not zoning entitlement); also permitted in certain nonresidential zones, subject to zoning entitlement (e.g., CUP) Honolulu, HI Since 1989, no new vacation rentals are permitted. Oceanside, CA Alice Brown provided a handwritten note indicating she spoke with a business license inspector for the City of Oceanside who indicated vacation rentals are a problem. Staff spoke with a City of Oceanside staff member who indicated that the city does not regulate vacation rentals. Paris, France Staff could not confirm how Paris, France regulates vacation rentals. Alice Brown provided an article that indicated that there was concern in the community about the impact of vacation rentals on neighboring residents and that vacation rentals impact the city's housing shortage by "diverting residential property from its essential function as housing for Parisians." Santa Cruz, CA (County) Vacation rentals are permitted in residential zones, subject to operational regulations. Within the Live Oak area ofthe county, vacation rentals are limited in number and number of persons staying in the rental are limited. Sedona, AZ Only "long-term rental" of homes is allowed (30 days or more). ATTACHMENT 3 SUMMARY OF ADVANTAGES AND DISADVANTAGES TO ALTERNATIVES OF REGULATING VACATION RENTALS IN CARLSBAD POTENTIAL ALTERNATIVES TO REGULATE VACATION RENTALS (NOTE IMPLICATIONS WITH CCC)* ADVANTAGES DISADVANTAGES Modify existing ordinances and/or policies to specifically prohibit vacation rentals Provides added clarity to staff and the public on the prohibition of vacation rentals. Reinforces city's authority to enforce against vacation rentals. Requires added staff time and resources to modify existing ordinances and/or policies to clarify that vacation rentals are prohibited, as well as staff time and resources required to enforce the prohibition. May create perceived or real hardship on existing vacation rental property owners and managers. Modify existing ordinances or policies to specifically permit vacation rentals Provides a benefit to tourists by expanding the number and type of lodging facilities available. Assists owners of vacation home rentals by providing revenue which may be used for maintenance upgrades and deferred costs. Provides a source of revenue to the city from the collection of transient occupancy taxes. May impact existing residential neighborhoods with disturbances caused by vacation renters, which could include excessive noise, disorderly conduct, vandalism, overcrowding, traffic, congestion, illegal vehicle parking and accumulation of refuse. These types of disturbances may require response from police, fire, paramedic and other city personnel. If vacation rentals are permitted, modify existing ordinances to establish operational standards Provides standards that all vacation rentals must comply with, which would help mitigate potential impacts associated with noise, parking, etc. Enforcement may require additional staff time and resources. Enforcement of standards may decrease the potential for negative impacts to surrounding neighborhoods, but will not likely eliminate their potential altogether. POTENTIAL ALTERNATIVES TO REGULATE VACATION RENTALS* ADVANTAGES DISADVANTAGES Permit vacation rentals through a discretionary regulatory permit, such as a conditional use permit. Provides the city with discretion to determine whether or not the use would be appropriate at the proposed location. Mitigates the potential for impacts to the surrounding neighborhood by establishing conditions to regulate vacation rental operations. Provides opportunity to impose penalties to vacation rental operator and/or owner through enforcement of project conditions (i.e. violation, and/or revocation procedures). Creates incremental staff time and resource cost to city in permit processing, which may be recovered through fees. Enforcement may require additional staff time and resources. Enforcement may decrease the potential for negative impacts to surrounding neighborhoods, but will not likely eliminate their potential altogether. Permit vacation rentals through a non-discretionary permit. Provides the city with the ability to review applications for vacation rentals and ensure that they meet the city's criteria. Provides opportunity to impose penalties to vacation rental operator and/or owner through enforcement ofthe permit. In comparison to a discretionary permit, a non-discretionary permit provides a less timely and less costly process for vacation rental owners/operators. In comparison to discretionary permits, the city would have less discretion in making a decision on vacation rentals and would not be able to impose additional conditions beyond ensuring compliance with the adopted standards. * Any amendment to the Zoning Ordinance that limits or prohibits vacation rentals in the coastal zone requires CCC approval of an LCP amendment. The CCC - has historically opposed efforts to prohibit vacation rentals in other cities maintaining that such prohibitions conflict with the land use and recreation policies in the LCPs for various cities. The CCC views vacation rentals as a means of allowing a greater segment ofthe public access to the beach, recreation and coastal resources, through providing lodging opportunities to coastal visitors. ATTACHMENT 4 RESIDENTIAL USES PREEMPTED BY STATE LAW FROM LOCAL ZONING REGULATION While cities have broad discretion over local land use matters, their authority is not absolute. For example, both federal and state fair housing laws prohibit discrimination in housing based on race, color, religion, sex, familial status, national origin or handicap. Such prohibitions extend to local zoning ordinances. Additionally, the California Community Care Facilities Act requires cities to treat certain living arrangements of six or fewer individuals the same as a single-family use, including the following: • Community care facilities: A facility maintained and operated to provide non-medical residential care, day-care, or home finding agency services for children or adults, including, but not limited to the elderly, foster family homes, the physically handicapped, mentally impaired, or incompetent persons. • Group homes • Sober living facilities • Small family daycare homes • Farm employee housing Generally speaking, cities have discretion to regulate group living facilities that serve more than six persons. However, such discretion may be limited and it is important that cities have carefully crafted zoning laws to avoid discriminating against protected classes of individuals and which are consistent with state laws. Avon's short-term rental la'^-dpheld | VailDaily.eom ATTACHMENT 5 Harding Dental Center start-to-finisll dentaf implants, all under ono roof Contribute | Subscribe I Advertise I Place a aassitied Ad | Arehives | E.edltion | RSS Feeds j Contad Us I Feedback 11 •• Home Jobs Real Estaie Autos Classifieds Court soys Avon can forbid vacation rentals fn residential areas *to« Tonsil Vail. CO Colorado AVON - An Avon law proKibiting short-term rentals In residential areas of town has been upheld in the Colorado Court of Aj^als. Avon was sued by Jackson & Co. (USA) Inc., a Delaware-based corporation, in August 2005 after the Town Councfl passed an ordinance that redefined short-lerm rentals and clarified a vague 1979 Avon ordinance that outlawed lodges in residential areas. The new law more clearly defined a lodge as "a building containing a coinmon kitchen and dining facilities occupied by paying guests on a temporary (thirty one (31) days or less) basis." Jacl(Son and Co. Inc. had vranted to rent out a duplex in VVildndge. Jackson had modified the duplex layout to include six individual bedroom-bathroom suites with the intent to rent the property for short-term rentals to offset the expense of owning It. The company also advertised the property on the Internet for short-term rentals with weekly rentals preferred. The advertisement stated that the property could sleep 16 people and was "ideal" for large families or a corporate retreat. The town filed a countersuit to enforce the ordinance and in October 2005. Judge R. Thomas Moorliead of the Eagle County District Court issued a preliminary injunction, or court order, against Jackson, which prevented the company from renting out the property. In December 2005, the injunction was made permanent, and Jackson appealed the pennanent injunction. "VVith the adoption of the 2009 ordinance it is Clear that no person in a residential area of the Town of Avon, in Wildridge or elsewhere, can have a lodge," said Town Attorney John Dunn, Jackson, however, argued that because the duplex was built in 2004, well before the new ordinance was passed, and since the on'ginal 1979 law didn't specifically prohibit short-term rentals, that it did not need to comply. The court ruling confirmed thai short-temj rentals in Wildridge are prohibited by the language of the Wildridge neighborhood developing rules, regardless of the ordinance in effect, and that the town's obvious intention is to prohibit lodges in residential areas. "The upheld Judgment confirms the town's right to enforce its ordinance." Town Manager Larry Brooln said. He said that any short-term rental in a residential area Is in violation of the town's ordinance and that owners who rent even for one to two vreeks over the holidays while they are away would be in violation of the town's ordinance. Staff writer Atatt Terrell can be reached at 748-2955 or 100 Find a Local Business UPCOMINO EVENTS SEARCH Related Articles Most Recommended Articles httD://www.vaildaiIv.coni/article/20070717/NEWS/70717010 8/22/2010 W Main provisions of the draft ordinance include: - no less than 30 days per stay - max occupancy of two families/ and.no more than 2 occupants per bedroom ~ min distance between rentals is 100 feet on either side of the street, and 50 foot radius - must apply for clearance from Planning, obtain a business license, and pay transient occupancy tax - noticing req*d to all residents 300 feet around rental, including notice to HOA, Police, and Fire - traffic generated must, be nominal for residential which equals 10 trips per day . - all parking to occur in the garage and driveway; no on street parking allowed - protections for noise, appearance, signage, odor, lights - two documented violations, of the rules in any 6 month period revokes license - procedure for complaints ORDINANCE NO. AN ORDINANCE AMENDING TITLE _ OF THE MUNICIPAL CODE RELATING TO RESIDENTIAL VACATION RENTALS The City Council of LJ7fllCfcf/r} [^fffhj ordains as follows: SECTION 1. Section ofthe Municipal Code, is hereby amended as follows: [SECTION] • Residential Vacation Rentals: A Residentiai Vacation Rental is the use of an existing residence, or a new residential structure that has been Constructed in conformance with atl standards appiicable to residential development, as a rental for transient use, -Rental of a residence shalLbe for no less than 30 days per stay as defined in Subsection d. The use of residential property as a vacation rental within the One Family Residential zone (RR-1) shall comply vwth the foilowing standards: a. Purpose. The purpose ofthis section is to establish a set of regulations applicable to Residential Vacation Rentals. These regulations are in addition to all other provisions of this Title. In the adoption of these standards, the City Council find that Residential Vacation Rentals have the potential to be incompatible with surrounding residentiai uses, especially when several are concentrated in the same area, thereby having the potential for a deleterious effect on the adjacent full time residents. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods they are located within. b. Permit requirements. Zoning Clearance (or equivalent Planning review). Business Ucense, and Transient Occupancy Tax Registration is required for each Residential Vacation Rental. c. , location. Within the R-l zone, no Residential Vacation Rental shall be located within: (1) 100 linear feet and on the same side ofthe street as another vacation rental; (2) 100 linear feet and on the opposite side of the street from another vacation rental; and : (3) 50 foot radius from another vacation rental or located behind another vacation rental. These same distances apply to other types of visitor-serving accommodation (e.g.. Bed and Breakfest, Homestay, etc.). Distances shall be measured from the closest property line of the existing Residential Vacation Rental unit, and/or other visitor serving accommodation, to the closest property line of the property containing the proposed Residential Vacation Rental unit. d. Vacation rental tenancy. Rental of a residence shall be for no less than 30 days per. Rentals iess than 30 days shall be prohibited. No additional occupancy of the residence (with the exception of the property owner and private non-paying guests) shall occur. A Residentiai Vacation Rental shall only be used for the purposes of occupancy as a yacation rental or as a full- time occupied unit. No other use (e.g., home occupation, temporary event, or homestay) shall be allowed on the site. e. Number of occupants allowed. The maximum number of occupants allowed in an individual Residential Vacation Rental shall not exceed two families, and no more than two persons per bedroom; however, in no event shall the number of occupants that can be accommodated be in consistent with the on-site parking requirement set forth in Subsection i hereof. The Zoning Clearance shall specif/ the maximum number of occupants allowed in each individual vacation rental. f. Appearance, visibility and location. The Residential Vacation Rental shall not change the residential character of the outside appearance of the building, either by the use of colors, materials, lighting, or by the construction of accessory structures or garages visible from off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residentiai areas. g. Signs. Availability of the rental unit to the pubiic shall not be advertised on-site. h. Traffic. Vehicles used and traffic generated by the Residential Vacation Rental shall not exceed the type of vehicles or traffic volume normally generated by a home occupied by a full time resident in a residential neighborhood. For purposes of this sectton, normal residential traffic volume means up to 10 trips per day. i. On-site parking required. All parking associated with a Residential Vacation Rental shail be entirely on-site, in the garage, driveway, or otherwise out of the roadway, in accordance with subsection e., above. Tenants of Residential Vacation Rentals shall not use on-street parking at anytime. j. Noise. All Residential Vacation Rentals shall comply with the standards of Section et seq. (Noise Standards). No Residential Vacation Rental is to involve on-site use of equipment requiring more than standard household electrical current at 110 or 220 volts or that produces noise, dust, odor, or vibration detrimental to occupants of adjoining dwellings. In addition, property owners and/or property managers shail insure that the occupants of the Residentia! Vacation Rental do not willfully aeate loud or unreasonable noise that disturbs others and is not in keeping with the character of the surrounding neighborhood. Loud and unreasonable noise shall be evaluated through field observations by the City Police Department, City Code Compliance, or other official personnel, based upon a threshold of noise disturbance related to the Residentiai Vacation Rental use that is audible from a distance of 50 feet from the property lines ofthe rental property, k. Local contact person. All Residential Vacation Rentals shall designate a locat property manager. The local property manager shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. Where a property owner lives within the same neighborhood as the Residential Vacation Rental, the property owner may designate themselves as the local contact person. Atl the requirements enumerated in this section shall continue to apply. (1) A notice shall be submitted to the Pianning Division; Police Department; nearest fire station tothe proposed Residential Vacation Rental; Fire Department Operations ofiice; the local homeowners^ association; and supplied to the property owners within a 300 foot radius of the proposed Residential Vacation Rental site. Distances shail be measured as a radius from the exterior property lines of the property containing the Residential Vacation Rental unit This notice shail state the property owner's intention to establish a Residentiai Vacation Rental and shail include the name, address and phone number of the local contact person and the standards for noise, parking, and maximum number of occupants. A copy of the notice, a form certifying that the notice has been sent and a list ofthe property owners notified shall be supplied to the Planning Divison at the time of application for the Zoning Clearance, Business Ucense and Transient Occupancy Tax Certificate for the Residential Vacation Rental. The name, address and telephone number(s) of the local contact person shafl be permanentiy posted in the rental unit in a prominent location(s). Any change in the local contact person's address or telephone number shall be promptly fumished to the agencies and neighboring property owners as specified in this subsection, tn addition, the standards for parking, maximum occupancy, and noise shall be posted inside the Residentiai Vacation Rental unit and shall be incorporated as an addendum to the vacation rental contracts. f. Transient Occupancy Tax. Each Residentiai Vacati'on Rental unit shall meet the regulations and standards set forth in Chapter of the Municipal Code, Induding any required payment of transient occupancy tax for each Residential Vacation Rental unit. m. Effect on existing Residentiai Vacation Rentals, if a Business Ucense issued for a Residential Vacation Rental, expires pursuant to Title of the Municipal Code, a new Zoning Clearance and Business License shail be required and shall be subject to alt standards as set forth in this Section. n. >Aolatlon - vacattein rental, it is uniawfui for any person to use or allow the use of property In vioiation of the provisions of this section. The penalties (including fines) and process for addressing a violation of this section are set forth in Chapter . of the Municipal Code (Enforcement). Additional penalties for violation of this section may include revocation of the Zoning Clearance and Business Ucense. Violations that will cause the processing of Zoning Clearance revocation indude: (1) Failure to notify County staff when the contact person changes, . (2) Vioiation of Residentiai Vacation Rental tenancy standards as set forth in Subsection d. (3) Vioiation of the Residential Vacation Rental maximum occupancy, parking and noise requirements as set forth in Subsections e, i, and j. (4) The inability of City staff or the Police Department to reach a contact person. Two documented violations of Subsection n, as determined by a City Pianning Division and/or Code Compliance staff person or a police officer, within any consecutive six month period shall be grounds for revocation of the Zoning dearance. Documentation shall consist of a written report which describes the violation, when it occurred and how it came to the attention of City officials. Revocation of the Zoning Clearance shall follow the same procedure used for land use permit revocation as set forth in Section _____ of Municipal Code. The Planning Director wilt hold the initial revocation hearing. o. Complaints. Complaints about violation of these standards should be directed to the local contact person, if the local contact person is unavailable or fails to respond, the complaining party should contact the City's Police Department (Dispatch). Police Dispatch will attempt to reach the local contact person. If Police Dispatch is unable to reach the local contact person because the contact person is not available or because current contact information has not been provided to the Police Department (required by Subsection k, paragraph 2), the penalties set forth in Subsection n shall apply. . During normal business hours, complaints may also be submitted to City Code Compliance staff. City staff will attempt to reach the contact person or will visit the property as appropriate. If Qty staff Is unable to reach contact person because the contact person is not available or because current contact information has not been provided, the penalties set forth in Subsection n shall apply. SECTION 2. This project is covered fay the general rule that the California Environmental Quality Act (CECIA) applies only to projects which have the potentiat for causing a significant effect on the environment (Government Code 15061 (b) (3). It can be seen with certainty that there is no possibility that this project may have a significant effect on the environment because no new development is authorized, no Increase in density will occur, no change in allowed uses is proposed or authorized and no physical change to the environment wilt occur. Therefore the activity is not subject to CEQA. SECTION 3. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such dedsion shall not affect the validity or constitutionaiity of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, dause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. *^ivy oi i-^armei - vacation tSJSffiai. K.uies rage i oi i GOVERNMENT j RESIDENTS 1 VtSfTORS j BUSINESSES ONUNE SERVICES H0t4E PAGE > MSIOENTS > CTrv SERVICES > VACATIOH RENTAL RUUS CEARCM Carmel-By-Hne-Sea Dty Hall P.O. Box cc Carmel-by-the-Sea, CA 93921 Tel: 831-620-2000 Fax: 831-620-2004 Contact - Site Map VACATION RENTAL RULES RESIDENTS Carmel-by-the-Sea Weather Trolley Map Street Sweeping Schedule Recycling Grant Infbrmation and Application Event Calendar City Services City Hall Cily Employmeiit & volunteer Opportunities Community Planning and Building Environmental Infbrmation Pire Department Forest & Beach Library Municipal Codes Beach Rules Polfce Department Publk; Records Recycling & Waste Disposal Senior Programs & Services Transportation & Parking Vacation Rental Rules 2oning Map Facts & Figures News & Information In order to preserve Carmei-by-the-Sea's residential character, no home or subordinate unit may be rented for less than 30 consecutive days. Further Information: Planning and Building Department (831) 620-2010 ht^://ci.caimel.ca.us/carnael/index.cfim/residents/city-setvices/vacation-rentd-nile 9/28/2011 o o Carmel Realty Company | Rental Homes | Vacation Rentals | Vacation Rental Guidelines Pages of 3 • • T-art^ifi-^H . — " . • • • • .^-a4 6 X a Homes wilhin the highlighted area are in the town of Caimel-by-the-Sea, and rent Ibr no less lhan one monlh. Homes located outside bf lhe highlighted zone are generally available for weekly renlals. ZONE ONE: Carmel-by-the-Sea, Monlhly Only ZONE TWO: Camnel-by-lhe-Sea. Weekly Rentals Note: Some home Owner's assodalkins also have their own rental reslrlclians. Rantal Homes; Vacalion (denials LOtiQ-Tetm Renlals Home > l^ental Homes > Vacation Rentals > Rental Guidelines Carmel Really Company • Mores belween 7th & 8lh • PO Box Drawer C • Carmel-by-the-Sea. CA 93921 Phone; 831-622-1000 • Fax; 831-624-7338 • Email: infoigcamieltealtycampany.com http://vww.cannelreaItycompany.corDyindex.cfm/vacation_rental_guidelines.htm 9/28/2011 City considers regulating shoiWferm vacation rentals | Legal > Property iCaw from AllBusi... Page 1 of 3 Rdsted Topics; 8uv BZB LSrilii City considers regulating short-term vacation rentals It-wsiv-xi". By BY VIK JOmr Sl^wiitar PubUcation: Orange county Regislor (CaMOrnia) Date: Share: CNy staff expet^ lo have a draft ordinance to regulate shorMemi vacation renlals in Dana Point ready for the Planning Commisaon lo re<Aew OcL S. The pand last week held a workshop - requested by the City Councit • to conskler land-use issues and whether such properties should be altowed in residential neighborhoods. The city bas Menfrfied 134 homes spiinKled Ihttnighout town but concentrated on the Niguel Beacti Tenace and Beach Road neighborhoods that are advertised as shoit-tenn vacaSon rentals. Regulatkins vaiy toward the properties in the 36 resort and coastal cities surveyed by Oana Point, wilh seven cities banning such rentals aRogettier. About 60 people attended the Ptanning CommisskMi workshop and 19 spoke to favor or oppose short- term vacaUon lod^ngs. Soira also spoke about lhe potential for a 10 percent "bed tax" on the rentals. 1st DUI? MULTIPLE GUIs? FreeMMae Proven ResuHs! Call 619-S63-1010 Tlie ci^ says flie transient occupancy tax, or TOT, that the city collects lixim hotels in town is not in the connmissbn's punrlew and win not be part or the draft ordinance. At the heart of the matter Is the gray area Ihe rental prapeities have twen operating in: not sanctkmed in areas zoned for stngie-tamily homes, yet required under code to register with the <aty and pay transient occupancy taxes. "Condudkig a Ixjtinesa outskle the law does not reBeve the business's obligalions to pay taxes due," aeeordlng to a city report. The le-examinatton of the Issiie Is expected to result in reoommendatktns to the councH to dacSy niunkapal and zoning codes pettaintag to the rantal propertiesL The option the commissioners discussed at length would altow sh«Menn vacatkm rentals vrilh minimuin perfonnance siandards. Assistant Cily Manager Mike laiebrew said. Accon&ig to a cHy document, that option may include: A ragistiation fbrm and one-Qnte pennnit fee Nottncatton of atQaceni pmperty owners A maximuni nisnber of occupante fbr units A requirement of seven-day mkiimum stays A requirement that owners use best effrnts to ensure lhatoccupantsdonotcreate unreasonable noise or disturbances or engage in disordeily amduct CoBedtonofTOT The Pianning Commission wH discuss the Issue again Oct. S. Atlhat meeting or a sul>sequent meeOig, it Is expected to deckle on a recommendatton to the CKy Council on vacation rental businesses, KHIebrew sakl. HP LaserJet MFP pays YOU back. LEARN HOW » »-»i«».>ii.t, i^^rm vacation rentals 1 Legal > Froperty'Olir ] City considers regulating shonPrerm vacation rentals | Legal > Froperty trom AiiJfcJusi... Fage 2 ot J The panel asked staff to proiride more infomiatfon on whelher to (mil vacafion rentals to certain parts of town. other coastal cities in Orange County and throughout Southern Califomia have grappled vrith the issue of short- terra vacalion lodgings. Some, like Huntington Seach, ppohlbH them in single^mily zones. Olhers. Oke Laguna Beach, levy a flat pemiK fee ^e dty also will begin coUecting bed taxes ftom the estabHshments next year). Others colled a bed tax, as San Clemente began doing this year. In addidon. malce sure to rtad these aitides: More RcIatedTopks: Related Resources V\EST HOU.YV\K>OD. Calif. - ThelAfesI Hollywood City Coundl win hold a study session (Or proposed amendments to the General Plan. Zoning Ordinance, and- WEST HOLLYWOOD, Calif. - In an effort to develop earth-fiiendly land use polities and light global wanning. Ihe West Hollywoad Qty Coundl will consider linaL. WEST HOLLYWOOD. Calif. ~ In an effort to more strategically address the housing needs of Wsst HollywDod, the West Hollywood City Council has adapted an... Byfine: Kenneth MuHinax Feb. 22-The Montgomeiy Planning Commisston decides today whelher it will approve a series of urtian design. Inansportalton and policy prindples to gidde Nine years ago, "discouiagement,''dlsappoUmerir and "fnistraBon* were wonis to best describe Mike Klnnmlch's attitude about downtown BelDnQban. Ini994 Kmmtoh had ^ist<venedPacifc BusiRess Resoiiixes The City Nazhi Syed Mustafa tCamal betore fiw council presented F?s. 44.087 bllfion suiplus budget of Ihe Cily 0!siridGovemmaitKsradti(CD6K)forfiscalyear Once again it may be time to took towards Chicago as a culinary test mariceL This Om, however, it isn't to see what is being ( Blogger's Note: Eveiy Friday, an excerpt ftom lhe soon-lo4e published book. Faux Pas Is French fbr Restaurant appeals In this spaoeOThe document Rd) puled Yesterday, as I was reaiSng oneof our locd pspeis, I RSI actoss asteVarexamptoof someone who knows how to deliver their messsgc ht(p://vvvvw.aUbusiness.coin/IegaVproperty--law-real-property-zoning4and-use/1297^^ 8/22/2010 City mulls rules for short-temSTrentals ] Legal > Property Law from AliBusiness.com Page 3 of 3 Copyright 91999 - 2010 AIIBusinessxom, Inc. Ail rights reserved. No part of this content or the data or tofonnafian Included therein may be reproduced. republished orrsdlsbfbutedwilhout Ihe prior writton consent of AIIBusiness.«>m. Use of this site is govemed by our , and Copyr^ht 2009 Orange Counly Register AU Rights Reserved e 2010 I e 2009 LeidsNexis. a division of Reed Elsevier Inc. All righls resented. You may not reposi, repubBsh, re;H'Oduce, package and/or teifistribute the content of this page, 'm wrbote or in part, without flie written pennlsston of the copyright holder. InfBinwtiOfl and opinions on AI)Bu5iness.com solely Rpresent the thouglils mnl opInkHis or the airihon and are aot entforsBd by. or rcfloct lhe beSeCs of, AIlButinessxora. Is panent COfflpoAy DSB, and Xs annates. TRUSTO 08/06 9.38.010 CHAPTER 9.38 REGULATING SHORT-TERM RENTALS Ordinance 2006-05 9.38.010 Purpose—^Findings and Determinations. The City Council finds and determines that the City has received numerous complaints related to Short-Term Rentals including, but not limited to, excessive noise, disorderly conduct, illegal paridng, vandalism, overcrowding, traffic congestion and excessive accumulation of refuse. The City Council fiirther finds and determines that these adverse impacts are related to the transitory nature of the occupants of Short-Term Rentals. The purpose of this Chapter is to establish regulations to address and mitigate these adverse impacts. This Chapter is not intended to regulate non- vacation type rental arrangements not generally characterized by the adverse impacts referenced in this Section. 9.38.020 Short-Term Rental-Defined. Short-Term Rental" means the rental of any structure or any portion of any structure for occupancy for dwelling, lodging or sleeping purposes of 30 consecutive days or less in the City, including single-family or duplex units. e 9.38.030 Short-Term Rental - Permit Reouiied/Penaltv. Any Short-Term Rental shall obtain a Short-Term Rental Permit pursuant this Chapter. Any person operating a Short- Term Rental without apermit shall be guilty of a misdemeanor. 9.38.040 Short-Term Rental Permit - Requirements. Short-Term Rentals shall be regulated in all residential zones including residential developments in PRDs (Planned Residential Districts), as follows: A. Application Requirements: 1) Applicants shall submit an application for a Short-Term Rental Permit to the City of Encinitas each year for each unit. The application for a permit shall be accompanied by a non-refiindable application fee as established by the City Manager, however, the fee shall be no greater than necessary to defer the cost mcurred by the City in administering the provisions of this Chapter. Although the applicant may be the property owner or the property owner's agent, the property owner shall be the party responsible for compliance with all provisions of this Chapter and all of the laws regulating Short-Term Rentals. 2) Upon change of property ownership or material fact, a new application for a Short-Term Rental pennit shall be required to continue operation of the Short-Term Rental and within 14 days of said change the property owner or his or her agent shall submit the required application and fee. 08/06 9.38.040A3 3) Granting or Denial of Application: The applicaion shall be granted unless the applicant does not meet the conditions and requirements of the permit, or fails to demonstrate the ability to comply with the Encinitas Municipal Code and other applicable law. 4) Any false statements or information provided in the application are grounds for revocation and/or imposition of penalties, as outlined within this Chapter. B. Operational Requirements: 1) Applicants shall use "best efforts" to insure that the occupants and/or guests of the Short-Tom Rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Encinitas Municipal Code or any applicable law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. 2) Applicants shall, upon receiving notification that occupants or tenants of his or her Short-Term Rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the Encinitas Municipal Code or applicable law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol or the use of illegal drugs, respond in a timely manner within 2 hours bf the time the initial call (complaint) was made, and within 24 hours of the initial call use best efforts to prevent the recurrence of such conduct by the occupants and to take corrective action to address any violation. Failure to respond timely to two (2) or more complaints regarding tenant violations is grounds for penaltie as set forth in this Chapter. It is not intended that the property owner, local agent or contact person act as a peace officer or place himself or herself in an at-risk situation. 3) The property owner or agent shaU limit ovemi^t occupancy of the short-term rental unit to a specific number of occupants not to exceed two persons per bedroom plus one additional person per dwelling. All other applicable occupancy laws shall apply, 4) The property owner shall limit the number of vehicles of overnight occupants to the number designated in the pennit which shall not exceed the number of designated on-site parking spaces. All designated on-site parking spaces shall be made available for the vehicles of occupants. 5) The property owner or agent of a Short-Term Rental unit shall comply with all the provisions of the Encinitas Mimicipal Code. 6) Trash and refuse shall not be left or stored within public view except from sunset of the day prior to trash pick-up until up to midnight on the day designated for trash pick-up. All brash will be in ^proved receptacles pursuant to Section 11.20.090 of the Encinitas Municipal Code. 08/06 9.38.040B7 7) The City Manager or bis or her designee shall have the authority to impose additional standards and/or conditions to Short-Term Rental pennits as necessaiy to achieve the objectives of tiiis Chapter. 8) latior Display of Short-Term Rental Permit Applicants shall affix the Short- Tenn Rental Permit on the inside of the main entry door of each Short-Tenn Rental unit to which it applies. The interior display will also contain the maximum number of ovocnight occupants permittBd to stay in the unit, the maximum numb^ of vehicles for ovemight occupants, and a 24-hoiir 7-day phone numbo: of the private party responsible for the facility. 9) Exterior Display of Short-Term Rental Unit Applicants shall display on the exterior of a Short-Tenn Rental unit, a notice provided by the City containing a 24- hour 7-day phone number for a private party responsible for the facility to t^e complaints regarding its operation. The exterior display will also contain the niunber of bedrooms, maximum number of overnight occupants permitted to stay in the unit, and the maximum number of vehicles for overnight occupants. The notice shall be in plain view of the general public and/or common areas and shall be maintained in good condition at all times. 10) Adjacent Property Owners Notified. Applicants are also required to provide adjacent property owners with the 24-hour 7-day phone number for a private party responsible for the facility. 11) Rental Agreements. lofonnation on the permitted occupancy of the dwelling, parking capadty for each unit, and trash disposal requirements shall be stated in the rental infonnation and agreement provided to prospective renters, prior to their occupancy of the unit 12) . The Operational Requirements may be modified by the City Manager based on site-specific circumstances for the puipose of allowing reasonable accommodation of a Short-Tom rental. AU requests must be in writing and shall identify how the strict application of tiie Operational Requirements asaies an unreasonable hardship to a pioperty, and if the leqoiiement is not modified, reasonable use of the property for a short-torn rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site. Such hardships cannot be self-induced or economic. In addition, any modification to the Operational Requirements cannot fiirther exacerbate an already existing problem. 9.38.050 Wations and Pfsnfl1tiR.s A. Violations: The following conduct shall constitute a violation fcsr whidi the penalties specified in subsection (B) may be imposed, or the penalties imposed and pennit suspended: 08/06 9.38.050A1 1. The pioperty owner has failed to comply widi the standard conditions puisuant to this Chapto; or 2. The propeity owner bas failed to comply with ad(£tional conditioos imposed by the Qty Manager puisuant to the provisions of9.38.040B7; or 3. The property owno: has violated any provision of tbis Oiapter; or 4. The propoty owner has failed to pay applicable taxes or fees. B. Poialties: The penalties spedfied in subsection (A) shall be as follows: 1. For the first violation within any 24 month period, the penalty shall be a fine of $250; 2. For a second violation witiiin any 24 month period, the penalty shall be a fine of $500; 3. For a third violation within any 24 month period, the penalty shall be a fine of $750; 4. For a fourth violation within any 24 month period, the penalty shall be a fine of $1000.00 and suspension of the penmt 9.38.060 Tmpnsition of Penaltt^Suspension - Procedure. Penalties, including a notice of violation, shaU be imposed, and pennits shaH be suspended, only in the manner provided in tiiis Section. A. The City Manager shall cause an uivestigation to be conducted whenever there is reason to believe that a property owno has failed to comply with the provisions of tbis Ch^ter. Should the investigation reveal substantial evidoice to support a finding that a violation occuned, the uivestigator shall issue written notice of the violation and intention to impose a penalty, or penalty and suspend the peimit The written notice shall be served on the property owner and operator or agent and ^all ^>ecify tiie facts which ia the opinion of tiie investigator, constitute substantial evidence to establish grounds for imposition of die penalties, or poialties and suspoision, and spedfy tiiat the penalties will be imposed and/or that the peimit will be suspend and penalties imposed within 15 days from tiie date the notice is given unless the owno and/or chelator files with the city clerk the fine amount and a request for a hearing bef ore tiie City Manager. B. if tiie owner requests a hearing witiiin the time specified in subsection (A), die City Clerk shall serve written notice on the owner and opoator, by mail, of the date, time and place for the hearing which shall be scheduled not less than IS days, nor more than 45 days of receipt of lequest for a bearing. The City Manager or his or ho" designee shall preside over flie hearing. The City Manager or his or her designee shall impose tiie penalties, or penalties and suspoid tiie peimit only upon a finding that a violation has been proven by a pr^nderasce of the evidence, and that the penalty, or penalty and suspoision are consistent with tiiis Chapter. The hearing shall be 08/06 9.38.060B conducted according to the rules nonnally applicable to administrative hearings. A decision shall be rendered within 30 days of tiie hearing and the decision shall be appealable to the City Council if filed with flie City Clok no later than 15 days fltereafier, pursuant to Chapter 1.12. 9.38.070 Pemiits and Fees not Exclusive. Pennits and fees requiied by this Chapter shall be in addition to any license, permit or iise leqimed under any odio: diapter of fliis Code. The issuance of any permit pursuant to this Chapter shall not relieve flie property owner of the obligation to comply with all other provisions of tbis Code peitauung to the use and occupancy of their property. 9.38.100 Rrivate Actions to Enfrace. Any person who has su£l^»l, or alleges to have suffered, damage to person or property because of a violation of this Chi^ter may bring an action for money damages and any other appropriate relief in a court of comp^oit jurisdidion gainst the party alleged to have violated this Ch^ter. Nothing hereia shall be deemed or constmed to create any right of action against the Qty or any of its ofiicers, employees, or agents. The sole puipose and intent of this Section is to create a ri^t of action betweoi private parties, oitities and interests, which are or may be in^acted or affected by various aspects of Short-Teim Rentals within the City. i'age i ot J liuMu j Leg:il B&B? or Nut i Leg-il XV^?. or Not | Fuimv T,-ick,s ,| Oftujnidoin J Onep Pocket-; lAbou!, Us • DON'T RISK YOUR OAHU VACATION WITH AN ILLEGAL B&B OR HONOLULU VACATION RENTAL PLANNING A VACATION OR BUSINESS TRIP TO OAHU (HONOLULU)? DON'T HAVE IT RUINED BY ACCIDENTALLY OR UNKNOWINGLY RENTING AN ILLEGAL BED & BREAKFAST OR VACATION UNIT. The difference between a Transient Vacation Unit (TVU) and a Betd & Breakfast ' (B&B) is that a B&B must have a resiident "operator' in the home vahereas this is not the case with a TVU. See OfficialtJom and the Law for the legal definitions. Oahu's neighborhoods inciude Hawaii Kai, Honolulu, W/aikiki, Waimanalo, Lanikai, j Kailua, Kaneohe, Kahaluu, Kahuku, Kawela Bay, North Shore, Diamond Head, Black Point, Pupukea, Haleiwa, Mokuleia, Makaha, Portlock, Waianae, Ev/a, Makakilo, i Maunawili, Palpld, Turtle Bay, Koofina, Nuuanu, Manoa, Tantalus, Aina Haina, '. Kahala. . There are three basic types of legal shoit-term (29 days or less) rental activity: ; 1) Hotels I 2) Transient Vacation Unit (TVU) with appropriate zoning or a Nonconforming Use Certificate (NUC). ' 3) Bed and Breakfast (B&B) v.rith a Nonconforming Use Certificate There are basically two types of /7/egrs/ short-term rentals: 1) TVU witjiout appropriate zoning or a Nonconforming Use Certificate 2) BRB without a Nonconforming Use Certiricate Have a look at all our web pages to help ensure that your stay is worry-free: Click 'Legal B&B? Or not' to help you determine if the B&B you are thinking of visiting is iegai —or illegat r •• Click 'Legal TVU? Or not' to heip you determine if the TVU you are thinking of visiting is legal - or illegal. Click ;Officialdom and the Law' and you will see that enforcement .^gainst ; these illegal operations is increasing and that legislators are also supporting • the enforcement effort. Click 'No Pockets' and learn that you may be 'traveling naked' without insurance protection. httD://www.bnb'coaKtion.oME/ Page 2 of 3 Cfick 'AboutlOs' tofind out who we are, who we are not, and who you are. Then continue below to find out why we are helptng you. Over the past few years, a rash of illegal Ei&Es and TVUs have sprung up in Oahu's residential neighfaorhoads. They are ah unwelcome and destatjilizirig influence in our otherwise desirable suburban areas. They introduce a constant fiovy of overnight vacationers and nuisanees into long-established tranquil neighborhoods. They are not 'a struggling little old lady renting out a room occasionally ta make ends meet'. They are conimerefsl hotel rooms in cfose-knit residential neighborhoods run by people who are vjUlittg to sell their neighborhood for a profit. Many of us are sick and tired of these illegal operators cashing in on our suburban tranquility by selling our property rights. We are beefing up enforcement activrties against these illegal rentals and want to alert you about the problem so that you might avoid any problem with illegai rentals on your Qahu vacation. Because iUegal operators can get so much more for a room or a house from a vacationer^ they no longer rent to local people in need ot housing - adding to our housing crunch and homeless problem. AIJ the while^ hundreds of legitimate hotel tooms sit vacant. Oahuans are begging you to respect our neighborhaods and property rights just as we would respect yours. We inherited or bought our property with property rights established through the zoning laws. Thefilegal operators are thumbing their nose at our property rights and laughing all the way to the bank. This does not foster the aloha spirit in our neighborhoods. Vacationers and permanent residents are a poor mix in a close setting. The illegai rentals are just houses in a residential neighborhood - not a charming old house by itself in a remote setting. Some are very close to other working family's homes. Noise earries, parking is scarce, traffic is slow, and tempers flare. One basic problem with these establishhrients is that tourists want to visit the prime neighborhoods. Wherever these establishments are allowed into the residentia! neighborhoods, they beepme Vacation' neighborhoods. Local residenLs are priced out by higher property taxes then forced to leave their homes and live elsewhere. In some neighborhoods, property taxes have doubled in the past four years, partly because illegal rental home sales have brought artificially high sales priees - triggering higher assessment values for all residential homes in the same tax evaluation district. There is inadequate police protection assigned to residential neighborhoods vjith illegal vacation rentals. Hotels employ a. security staff for the benefit of guests, lifegal rentals charge high prices but do not provide security, illegal vacation rentals pay residential rate property taxes while hotels have to pay higher rates on higher valuation. This is unfair tothe neighbors ofthe illegal operations and to the hotels. Union and non-union hotel workers suffer from the loss of business to. hotels. Oahu's zoning laws. Development Plan and Sustainable Communities Plan are all turned upside down by this attack from illegal operators. Help yourself to a great vacation and help us stop it - refuse to participate. VKd^ ^^^^ /^^/^'^^ ^ JACKIE BICKFORD, CRO Business License Inspector 300 N. Coast Higliwjy Oceanside, CA 92054 TEL: (760)435-3905 FAX: (760)433-6893 EMAIL: jblckro«I@d.oceanside.(Ki.i£!; CITY OF OCEANSIDE Welcome to TimesPeoplB <E1K ^rttt JJork SiutiM; Global Busmess Search AU Ny71ines.coin WOIU.D VS. S.y./REGION BUSIKESS TECHKOIOCT- SCIENCE UE.U,TH STOBTra OPIXIOS AIWS STVLE TRA^-EL JOBS REAL ESTATE .AUTOS QloIUl To Address Its Housing Shortage, Paris Cracks Down on Pied-a-Terre Rentals (Page 2 of z) The main taiget, he said, are owners who aie "maldDg these rentals into a pennanent activity, diverting lesidential propertjrficom its essential function as housing for Parisians," Mr. Affortit said. 'Someone who rents once a year" will not be prosecuted. Still, the uncertainly has unnen'ed maiqr in the industiy. ti R£CO!ilMSN0 O SIGN INTO E- PRm @ SINGLE PACE _ REPRINTS • SHARE (. -MvFY .Miiiiic;.\M Related Times Topic Ms. Hollands of Vingt Paris wrote about the crackdown ina November 2009 newsletter to her dients. "I was lambasted by other agents for Tvriting about it,' she said. "But I felt a moral obligation to infonn my owners and imrestors who were about to spend a million euros without knowing about this." Her company has sensed mainly North American and British clientele for the last seven years. Tn May, one ofher customets Vho had done an exquisite restoration received a letter because the neigbbois complained," she said. They had been renting out the apartment by the week since March and had bookings through the summer. And th^ were paying a lot of attention notto cause a disturbance." The client now rents the fumished proper^ on a one-year lease. About 35 rental agencies recently formed the Association des Fcofessionnels de la Location Meubl^ a group of professionals in the foxnished rental industiy, with the goal of finding a way to operate within the city's r^ulations. The association questions tbe city's interpretation ofthe law and its premise that properties forced off the short-term rental mark^ wiU become long-term prospers for Paris residents. Its fiist step ^vas to commission "a serious stutfy of the market to show -wbat it represents, and to demonstrate that ititnished rentals for periods less than 12 mouths correspond to a sodal and economic need for a ci^ like Paris,'' said the group's president, Jean-Marc Agnes. "Clearly, it is not just about thiee-day stays by tourists, but indudes professors, research scholars and exchanges of businessmen in intemationai companies who may . come for several months." Tbe group expects to have the results in September. Best MOST POPULAR - BUSINESS S.BIAILSD SLOGGED VSWBD I, 6. 7. 8. 9. ALSO IN OPINION* nytimes.com OPINION SfflViNG SANTA CRUZ COUNTY SINCE 1856 Sanfiitt^iz U.S. OPEN! SPORTS, B5 iTREftSUR MCDOWELL FIRST EUROPEAN TO WIN IN 40 YEARS SANTA CRUZ COUNTY STORIES [ EXTRA, KICKBOXING CHA NOW EMPOWERS I WWW.SANTACRUZSENTiNELC01VI Supervisor seeks new rules limiting vacation homes \ , • DANGOYRO/SENTINEL A group of nine beachgoers return to their vacation rental Sunday on the first Beaclvside block of 12th Avenue, which has 10 vacation rentals. A. proposed ordinanqe advocated by Sy{«ryisor iohn Leopold would regulate the valuation rentals in the coastal areas between the harbor aitti Pleasure Point. Pmposed oMinance woMdiDiap Mi^ rentals, aniong otiier measures By KURnS ALEXANDER kalexaiiiler(^.<!aiilaavsseiil!nel.com LIVE OAK — David King is no slxaiiger to late-night music, ti'ash strewn across his lawn, or parked cars blocking his drive- way.- It's the dowside of life at the beach. King and other coastal . residents say. Longtime hom- eowners share their neighbor- hoods with visitors seeking a piece of their paradise, and often a party, in one of the county's numerous vacation rentals. : : "Sometimes you get goodpeo- • pie coming to town. But some- times you don't," said King, who lives on 21st Avenue. Weighing in on the age-old concerns about vacation homes, county Supervisor John Leop- old is proposing regulations that would cap the number of rent- als between Gapitola and Santa Cruz as weU as introduce new restrictions, lUre how many peo- ple can stay at a home: and for : what purpose it can be used.' "Vacation homes are chang- DflN COYRO/SENTINEL A woman unloads her minlvan in the driveway of a vaction rental on 12th Avenue. Leopold's ordinance would regulate how many people could stay at a vacation home. ing the residential nature of these neighborhoods," said Leo- pold, noting one street that has nearly a dozen rentals, one cost- ing $5,000 a weekend. "If you're going to go there, you'res not going thete to sit and Igiit" • •. But reining in what many see as a viable comity busmess, not to mention a fundamental iprop- erty right, won't sit well with everybody. An effort to regulate unih- icorpprated vacation properties 'Wtiafs happening is 90 percent of the people are doing ihe right thing, and now they're going to be punished for the 10 t percent who aren't doing the right thing.' . RITA LAW, Kendall & Potter Property Management Inc. almost a decade ago went as far as producing a "vacation-rent- al task force." But opposition from homeowners and maiiy in the business community left it at that, and no new rules were inlted. Rita Law, owner of Kendall & Potter Property Management Inc. in Aptos, says she and oth- ers in her trade have never been SEE HOMES ON A2 SANTA CRUZ SENTINEL Jjscue reflies growing ipES Continued from Al awai-e of chi'onic problems with vacation rentals. Sure there's an occasional rent-al with a problem, she says, but often the issues are best addressed on a case-by-case basis. "What's happening is 90 percent of the people are domg the right thing, and now they're going to be punished for the lO^rcent At Tuesday's Board-of Supervisors meeting, Leop- old will pfiScially ask county planners to firm up details of an ordinance regulat- . ing vacation homes in the beach communities of Plea- sure Point and the VSanta • . Cruz liarbor and everything in between. Leopold is asking the ordinance include a per- niitting system for rental properties, a bah on Events : .lilcew:edding receptions and ' business retreatsj required stays of at least a week and mandatory signs tbat let neighbors know whom to ;call should problems arise. Sunday aftemoon bartiecue smoke rises from a beachWew vacation rental on 12th ZnuT" advertised as places for Leopold and others say the popularity ofthe Web, andfbeeasein which peppid . can now rent homes, has led to more rentals over the past decade and less oversi^t of ; who rents them. Owners traditionally used property managers to line up the ten- ants and oversee the stay. Qn the Internet, h : qiarge gatherings". like bachelor parties and family reunions are abundant The Live Oak communi- ty isn't fhe first to consider an ordinance on vacation homes. The city of Capi- tola requires a permit and busmess license and limits cities ;of Carmel and Mon- terey have even stricter rules, essentially banning short-term rentals in aU res- idential areas. - The Board of Supervisors meetmg is 9 a.m. Tuesday at 701 Ocean St., Santa Cruz Leopold is expected to dis- cuss his vacation JUNE 23, 2010 :K-THR6wiNGCASEllOCRl,Bl ETOSS^^FI Supervisor Pirie: County areas south of Uve Oak shouid be part of regulations By BENEViEVE BOOMWMTES ghookKaher@smmcnissemiiieicom SA2SITA CRirZ—County leaders agreed Tuesday to craft rales governing vacation home rentals around Santa Ci*uz County after frustrated residents askedtliat some- thing ba done to rein in fhe parties, park- ing problems and other issues stemming from the influx of tourists to their neigh- borhoods. The proposal firom Supervisor John Leopold orlghially was designed to craclc down on short-term rentals in Live Oak only, where he said the number of holiday houses continuesto grow. But Supervisor EHen Pirie said neighborhoods in Seacliff, Rio del Mar and La Selva Beach deal with • similar issues and shoxdd be included in • any new regulations. "Clearly this is an issue whose time has come," said Pirie, .who also asked that landlords pay for the cost of law enforce- - moit to respond to any complaints. Her request was in addition tp Leopold's proposal to ban events like weddingrecep- tions and business retreatsi, reqtdre stays of at least a week and demand signs on vacation homes that let neighbors loiow whom to call should problems arise. Supervisors unanimously agreed to move forward with a committee of county leaders, neighborhood residents, vaca- tion homeowners and others to hammer out •details of the new rales. Th& county's Planning Department wHI lead that effort, with proposals first going to the county Plamdi^ Cdttitnissionbefbre reaching the Board of Supervisors for final approval. Pirie said she would like to see them talte effect by spring 2011. About 40 people spoke both for and agafnsttheproposed changes atTuesday's Board of Supervisors meeting. "We live in a residential neighborhood and WG are surrounded by commercial prdperties," said Margaret Macksey of Live Oak. Other full-time residents echoed her SEE RUUS ON A2 RULES Conta'riued from fii statements, some demanding that vacatian homeowners operate as busi- nesses and be licenised and reg^ilated. accordingly. But vacation homeowners, many of whom manage the properties them- selves throu^ Intemet websites, said the additional income allows them to pay bills despite lost jobs and high property values. Not everyone should be punished fbr the irresponsibflity of a few, they said. They also protested the seven-night requirement, saying many guests come for a long weekend. Jim Goudge of Live Oak said he rents the family house oh East Cliff Drive as a vacation home for half the year and lives in it the other half. His mother recently died, he said, and fhe extra incoihe aUows the &mily to hold on to fhe house. Goudge objected to Leopold's sug- gestion during the meeting that vaca- tion homes operating before 2007 be grandfathered in. Others would be. subject to new regulations that might include neighborhood density limits and geographic boundaries. "I would lose the house. We'd be financially obliterated," Goudge said. Chtick Oliver also rents his Live Oak home and said problems should be addressed on a case-by-case basis. "We need people to start being- accountable and we can't punish 90 percent for what 10 percentare dort^," Oliver said. Leopold said rules often arecrafted to govem that 10 percent. "I'm not proposing a ban on vaca- tion rentals," Leopold said. "I think for many rentals that aire well-run, there win be nb problem." . . R;^t now Capitola is the oiily juri&. diction in fhe county to gowra vaca- tion rentals. The ci^ atsquires a per- mit and business license anid limits where renlals eain go. Mqnt^ey and Cannd. have stricter rules, ^^^ntii^^ banning short-tenn renlaj^ in ali re^^^ dential areas. ••:';'^vi*i9?*v-.'' Korae News Arts&Leisuis Sports Business Optnion olRfng Ganlaring Tiavel Ctas^iiB& Jobs Commumty Events Forums tVIicOags page uattpdand: cmsj2inoMais« City of Sedona adds teeth to short-term rental ban • \ Cheaper than Hotels-Batter Choices 230,00(H-Homes. SesiEh& Book Today Sedona/AZ—Since 3tily 2007, SiBdana.biz has tc^ our readers up to dale on poteailial dianges to the Ot/s short-tsm rentd ban. Atthe sedona Oty CaamSI meefing on Januaiy 22,7008, in a 6-0 vcte, the Council dedded to add real beetii to the eadOing ordinance: go after adveitiseis and sSffen penalties. As baiigraurtd, Artide S of tiie Cft/s land Devefopment GodfrstatestfiafRentals of single^amily dwellings for periods less than 30 (Donsecutive days is prohibited.'' Belbre aie new amendmenC ihe penalty ftira fS:* time wofaSon wss^250, and $500 RJT a secnnd violation within a i2 month period. In July 2007 the Gty Cbtmcil m^ to discuss a aadcdown tm due to an inaeaSng level of dthen complatats about noise, trafRc and litter in their naghboihoods. AKhou^ the wdinanoe has been on the books iSnoe 1995, itafipears thatthe intemet has aeated a wddespread inoease «A diortHtem) rent^ by m^ibig ft ea^ homeowneis and property management companies to find rentes over the web. The Oiy Attomey, MBce Goimaraiv has said that proseaiting short-4srm lental violations is difnaiR because the aty (foesi't ahways loHiw tf an owner is renmig or anow^ and&milytosiay. Also, lhe pte\Aous penalt wasntsufiiciently punitive. To fae effisdive, the Gty vvDuid need to pmsue a crinnBia) n&denKanor winch vwuld be a penaHy of up to $2,500 and possibte time in 5«L lb be even more eifeciive, the cnttinancs vinutd need to targ^ those who advertise shoit-teims rentaEs. Peihaps due to the dISiailty in enftxoement; or maybe the dianoe to collect bed tax on shcHt-tem lenlals; ata woric session in Septendier 2007the Council changed oiuiseto discus language fbr an amended ordtaance pennilling short term rentals lessthan 30 days, but not tess than 7 days, wMi a dty pennit The roller coaster rtde continued when Sedona residents padoed fiie Oiuncil Chambers to vcrioe their concm over short-term rentals less than 30 days. Many said short-tenn lentaisdesbsy ihe onnrauiti^febiicof a neighboihood and lead to increased litter, traffic, and noisfc t^anynotedthattheO^sownmlsSonstatBnaitistobeasmalltovm community. Shoit-tsnn rentals would be omtiary to this goat To be ^ir, the other side wasnt weH represented, as you might expect given the exi^'ng onitaanoe; however, some property owners feel ttattiie ban tnterferes with thea- pnperty lights, and prevents them tor geneialing rental income. They also noted toat only toose residents havaig problems with shorHeim renters were liftdy in atteiidancK. Since lhat time, Oty sta? has made a concerted ^rt to search out ani] notiiy suspected viotatois ofihe Oc/s ban on rentolsof ^gtel^mily sliuctores fbr less than 30 days in residotlial dtsbids:. The Oty Attorneys office:has>hii3ed»paiti4ime:paraiega) to assi^ toe Code EnftKCEment Office by seaichbg fbr intemetweb saesthatappe^toadvertese short-term lesidenliat^t^TtolSiwriSAi'lheSedona C3ty Iimit5;'iand hundredsjc^einails^ba^ been ^nt ffi homeowneisand listing agentsnbtifynig them ofthe CSyi proftibilfan of su(A rentals and aslang tiiat such rentalslorlessth^n 30 consecutive days, cease and de^ At fhe January 22nd CSy Cbundt meeting, Oty staff proposed to ban the advertisement of short term rentals tess than 3D days «id mate such a violalbin a dass 1 m&demeanor UvemtiBiiiyrara diange A renlal vacalion yeu wont tinsel Privale Sedona luEltopcounby home 2.5 acres. 380* tmobsbuded viows. Create your own lental agreienunts onime.Sa<# money and time. Cily of Sedona adds teefh to short-term rental ban - Sedona.biz Page 2 of 2 "fbr any person, enterprise, managing agency or rental agent to advertise, solicit or l^dlltate the rental for less than 30 consecutive days of a short-term vacation unit located within Fesidenb'al districts where such short-term rentals are prohibited by the Sedona Land Deveiopment Code." The penalty vAW now be a fine not to exceed $2,500 or 6 months in jail. The ordinance will also now define "advertising'' as "any written or oral publication, dissemination, solldtaiion or droiladon which is intended to directly or Indirectly Induce any person to enter Into an agieement ibr the roital of a single ^ity dweH!ng...Thi5 dennMon indudes but is not limKed to mailings, print advertisements, intemet lisdngs, e- mail publicadons or other oral, printed or eledronic means." The ordinance will also tighten up the definib'on of "Yental* to indude paymoit with property or services of any kind (e.g., rental swaps). The new amended ordinance could pose some risk to the Oty. late last year, the City was prserit«i with a legal memorandum by attomey Richard Rumrell, arguing that the existing ban on short:-term rentals was unconsblutionai and thatthe proposed enforcement ordinance was fikewise legally unsupportable. Staff was dinected to obtain an outside legal review ofthe issu^ and Mr. Paui BJcdein of the iaw firm of Perkms Coie, Brown and Bain was retained fbr this purpose. The Cty Staff noted that the enactment of toe ordinance and enfbreement of it could entail bicreased staff fa'm^ and couid result in protracted liHgab'on that could be costiy. I I I copyrigtit® 2006 Sedona J}lz Zoning! Restrictions on VacalTon Rentals | HotSpot Tax Services Page 1 ofl HOME i SOLUTIONS i WHY HOTSPOT i PARTNERS 1 TAX INFO i ABOUT HOTSPOT I COI>ITACT Interested in our services? Join today and start enjoying the benefits. Members Looin Learn more atoiit t.a.x ie|»rting requlr^-ments for vacation rsnt-alj in this fr« resource section There are many things to consider when purchasing a vacation rental homa; one very important Issue to consider is If lhe property is zoned For shorl term rentals. If the property is not zoned lor ^ort lerm rentals, you ^wlll not be able to rent it on a weekly basis and your vacation rental home will become a long term rental properly. We knoiv of many homeofvners who have been nolified by tocal zoning autliorities to cease short tenn rental activities. This can be a devastating financial event For homeowners who factor In rental revenue when making Ihe decision to purchase their propeity. Most resort towns welcome tourists and have zoning laws which permit thedailyorweekly rental of single family homes or condos. There are some areas, however, that prohibit the short term rental of any property which is residentially zoned. Some towns/counties will allow short term renlals in some residential areas but not in other residential areas. The definilian of 'short lerm' varies t>y town, city or counly. In most places, however, short term is defined as anything less lhan a month. IF the property is within diy Umils, then it is govemed by the city's zoning ordinances. If the property is not within any city or town limits (I.e. in an unincorporated part of the county), then it is govemed by the county's zoning ordinances. The permitted uses ofa type of propeity also vary by town, dty or county. For example, a property which is zoned R-1 (ResidentlaM) In one town may be permitted to rent on a short term basis, but a property zoned R-1 In a different town may not be permitted to short lerm rent. The best way to determine the permitted uses of a properly is to check with Ihe planning and zoning depanmeni where tl^e properly Is located - before you purchase the pniperty. Some of Ihe Digged zoning batSes are brewing in popular vacalion spots such as pails oS Hawaii, Arizona, Nevada and Rorida. In some of these locatk>ns, short tenn rentals have been prohibited in residential areas for years. In olher areas, hoivever, short term rental restridions are new. Recent law changes are typically driven by year-round residents who don't want vacationers rotating in and oul of Iheir neighborhood. If you purchase a property where short term rentals are profiiln'ted. your options are very limited. In some cases, you may be able to obtain a special non-conforming use permil from the zoning department in order lo legaUy short term rent your property. In other cases, your only opiion may be lo atlempt lo change the aclual zoning ofthe property. Both of Ihese options are typically lime consuming and expensive and there Is no guarantee lhal you'll be successful. gnforcemetil'or these zoning rules vanes, but in many areas, because of a lack of resounds, zoning officers usually don't searchipr zoning vialatots. Most enfoncement actions result from a disgruntled neighbor reporting a vk>Ialion lo the'iohing department. Tliat adion wilt most likely Indude an order to cease and desist short term renting the property immediately or incur dai^ iines. Keep in nnind th^ the zoning laws are diflerent and separate from lax laws. If zoning rules prohibit short term renting, but you choose to "take your chances" and short term rent, you will stili be liable for sales 'and lodging taxes. Addilionally. "short term" Is usually defined cfifferentiy In the zoning ordinances than in the tax ordinances. In Florida, for example, zoning ordinances typically deline short term as anything less lhan thirty consecufive days, but tax laws define short term as anything less than or equal lo six consecutive months. So you may rent long temi" as defined by zoning laws, but stili owe sales and lodging taxes if you're renting "short term' as defined by tax laws. If you've already purchased a pioperty and are not sure if you're permitted lo short lerm rent il, you should check with your local planning and zoning office to determine how your prcperty is zoned and if short term rentals are pennitted In that type of zoning. HotSpot Tax Services offers a low cost, effedive. guaranteed solution for sales and lodging tax compliance spedfically for vacalion rental homeowners throughout the U.S. Although HotSpot does not prowde zoning research senfices, bul we are famlBar vnih many potential zoning issues in areas throughout the U.S. HotSpot does not ensure that your property is properly zoned for short tenn rentals. If you register for HolSpot's tax and licensing services. HotSpot will nolify you of polenliai zoning issues that Ihey are aware of or that arise during the tax research and licensing process Call HotSpot at 877-5S9-0207 to Ieam more about sales and lodging tax requirements in your area. http://wvw.h;otspottax.com/article/2/Zoning_Restrictions_on_Vacation_Rentals.html 8/22/2010 BsB3fta'p:6|)efiPafeMiip J^H&ai Ife^ Taxes i HotSpot Ta... Page 2 ofl HOME : SOLUTIONS 1 WHY HOTSPOT j PARTNERS I TAX INFO ABOUT HOTSPOT j CONTACT Interested In our services? Join today and start enjoying the benefits. Members Login I-ax Hno Learn more afcouttax repjiling r«|uir";ments for vacation rentals in this free resource section If you have owned your vacation property for months or years and you've just figured out that you were supposed (o be collecting and paying sales/lodging taxes, there are solufions to this problem. Many property owners go years without knowing or understanding ths sales & lodging tax coHectfon requirements. Most people ars fUBy aware and familiar with the requirement to report rental income on their state and federal Income tax returns, but sales and lodging taxes are an additional requirement that a significant number of vacation rentals owner simply are not aware of. If you ars In this situation you may be unsure of what to do or worried about the years of past tax that you owe. The good news Is that most state revenue agencies tiave programs for exactly this Issue. States are motivsted to get taxpayers complying and collect these taxes, fo increase their fax revenues. As a result, state tax agencies have programs called Voluntary Compliance or Voluntary Disclosure, vvhereby they will agree to waive most penalties in exchange fbr you voluntarily coming fbrward and paying these taxes that may have gone uncollected fbr years. Penalties for non-compliance vary by jurisdictkin and can be significant Penaitles are typically between 10% and 60% of the tax due each year and accumulate to significant amount over a period of several ye^. Most jurisdictions wili impose a minimum penalty on a late retum or returns not filed - even If there was no fax due. A minimum penalty can be as high as $50 per late return. Unfortunately, most taxing authorises do not have ttie authority to waive the interest In any situation, but the good news is that interest is usuaHy minimal compared to the penalties. Most interest rates float based on the cunent LIBOR rate and are in the 7% to 10% range. Keep in mind that it is Imperative that you contact the taxing authority first If an enforcement agent contacts you Hrst, he/she will probably not wauve any of the pertalOes. If tax agencies assess taxes on a property that confinue to go unpaid, they may ultimately put a tax lien on^ihe property, and In extreme cases, seize the praperty and sell it to pay the taxes. Enforcement ofRclats routinely review the vacation listing web sKes in search of rental properties that are not collecting and remitting sales and lodging taxes. So don't procrastinate; the penalfies and interest for non-compliance continue to accrue and increase overtime. HotSpot Tax Services specializes in sales and lodging lax compliance, for vacation homeowners. As part of its services. HotSpot will worit with state and local tax authorities and resolve these Issues for an affordable SI 50 per property settlement program or tax JurisdlcHon. Call HotSpot today at 877-589-0207 for a conSdential conversation regarding voluntary compilance In your area. 5le<i&5BaflJ5/rTHi^s8^asia*rt(^-lft^ Periods Where You... 8/22/2010 CITY OF ^ ATTACHMENTS ^ CARLSBAD January 25, 2012 To: Lisa Hildabrand, City Manager From: Debbie Fountain, Housing and Neighborhood Services Director CC: John Coates, Assistant City Manager Re: CODE COMPLIANCE COMPLAINTS - VACATION RENTALS Per your request, the code compliance complaints for the past 5 years have been reviewed to identify those related to vacation rentals and the related resolution. Code Compliance has received approximately 25 formal complaints dviring the past 5 years related to vacation rentals and homes rented for special events such as weddings and parties. A total of 18 different residences were the subject of these complaints. The key issues associated with the complaints were: • Loud Noise(s); large crowds/visitors; bands; late night parties • Large number of cars parked in the neighborhood; excessive number of people coming and going from property at all hours • Excessive Trash; excessive number of people in home/rental • Concems about transient type of populations, and its impact on the residential character of the neighborhood The property ovmers renting their homes spiecifically for weddings and parties were told by Code Compliance that they needed to discontinue this activity because they were zoned for residential purposes only, not commercial facilities. As related specifically to vacation rentals for short term residency, the land use policy for enforcement piuposes has been unclear. As a result, there has been varying action taken to resolve related code compliance complaints over the years. In some cases, property owners were told to discontinue the vacation rental use as a result of the complaints and their residential zoning. In others cases, the owners were told they could continue the vacation rental use vsdth a reminder that the expectation of peace and quiet is a right that is shared by all residents in a neighborhood, and vacationers should be reminded ofthis during their visit. Code compliance actions related to vacation rentals have been resolved on a case-by-case depending on the key issue of concem, but have had inconsistent resolution from a land use perspective. It would be helpful to code compliance staff to have more consistent and clear land use policy on vacation rentals to ensure more fair and equitable treatment in the future. If you have any questions regarding this matter or need additional information, please contact my office at X2935. Housing & Neighborhood Services 2965 Rooseveit St., Suite B I Carlsbad, CA 92008 I 760-434-2810 I 760-720-2037 fax I www.carlsbadca.gov