HomeMy WebLinkAbout2018-08-21; City Council; CS-338; AN ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 5.60 SHORT-TERM VACATION RENTALS, CLARIFYING AND ADDING REGULATIONS GOVERNING SHORT-TERM VACATION RENTALSORDINANCE NO. CS-338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, TO
AMEND CARLSBAD MUNICIPAL CODE CHAPTER 5.60 SHORT-TERM
VACATION RENTALS, CLARIFYING AND ADDING REGULATIONS GOVERNING
SHORT-TERM VACATION RENTALS.
EXHIBIT 1
WHEREAS, over 1,100 short term vacation rentals (STVRs) are known to exist throughout the
City of Carlsbad; and
WHEREAS, STVRs can have a positive economic impact bringing additional income through tax
revenues, and benefitting the community as visitors to the city receive reasonably priced
accommodations and spend money on visitor-related amenities such as restaurants, shops and
tourist attractions; and
WHEREAS, short-term vacation rentals also have the potential for a negative neighborhood
impact due to high rental activity and traffic, unfamiliar people coming and going every few days,
excessive trash, parking issues and noise disturbances; and
WHEREAS, the City Council desires to protect neighborhoods from any adverse effects
resulting from the operation of STVRs and also ensure that the city collects transient occupancy
taxes/Carlsbad Tourism & Business Improvement District assessments from STVRs; and
WHEREAS, the City Council directed staff to return to the City Council in 2018 to provide an
update on enforcement efforts and to recommend additional city imposed conditions of approval or
restrictions if needed; and
WHEREAS, city staff has provided the requested enforcement update and recommends
amendments to the STVR ordinance to clarify and add regulations, based on enforcement experience,
to ensure STVRs have the least negative impact on the community.
NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That Section 5.60.020 of the Carlsbad Municipal Code is amended to read as follows:
5.60.020 Definitions.
"Bedroom" means a private room intended for or capable of being used for
sleeping, separated from other rooms by a door, curtain or other entry way,
August 21, 2018 Item #4 Page 2 of 8
EXHIBIT 1
having at least one window and a closet/storage nook and accessible to a
bathroom without crossing into another bedroom.
"Broker" means any entity or person, including but not limited to, on-line
websites, on-line travel agencies, and on-line booking agents, that offers, lists,
advertises, accepts reservations and/or collects whole or partial payment for a
short-term vacation rental unit.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable
title to the subject short-term vacation rental.
"Short-term vacation rental" is defined as the rental of any legally permitted
dwelling unit as that term is defined in Chapter 21.04, Section 21.04.120 of this
code, or any portion of any legally permitted dwelling unit for occupancy for
dwelling, lodging or sleeping purposes for a period of less than 30 consecutive
calendar days. Time-shares as defined in Chapter 21.04, Section 21.04.357 are
not considered a short-term vacation rental. A trailer coach as defined in
Chapter 5.24, Section 5.24.005 of this code, which is parked on the property of
a legally permitted dwelling unit, is not considered a short-term vacation
rental, and it may not be rented out for occupancy pursuant to Chapter 5.24,
Section 5.24.145 of this code. Short-term vacation rental includes any contract
or agreement that initially defined the rental term to be greater than 30
consecutive days and which was subsequently amended, either orally or in
writing to permit the occupant(s) of the owner's short-term vacation rental to
surrender the subject dwelling unit before the expiration of the initial rental
term that results in an actual rental term of less than 30 consecutive days.
(Ord. CS-272 § I, 2015)
3. That Section 5.60.030 of the Carlsbad Municipal Code is amended to read as follows:
5.60.030 Short-term vacation rentals.
Short-term vacation rentals which comply with the requirements of this
chapter are permitted only in the coastal zone as defined by the California
Coastal Commission and in the La Costa Resort and Spa Master Plan area, to
include the Balboa and Cortez buildings located at 2003 and 2005 Costa Del
Mar Road. (Ord. CS-291 § 2, 2016; Ord. CS-272 § I, 2015)
4. That Section 5.60.060 of the Carlsbad Municipal Code is amended to read as follows:
5.60.060 Obtaining and renewing a short-term vacation rental permit.
August 21, 2018 Item #4 Page 3 of 8
EXHIBIT 1
A. The owner or owner's authorized agent must submit the following
information on a short-term vacation rental permit application form provided
by the city:
1. The name, address and telephone number of the owner of the short-term
vacation rental unit.
2. If applicable, the name, address and telephone number of the authorized
agent of the owner ofthe short-term vacation rental unit.
3. The name, address and telephone number of a local contact person who
shall be available 24 hours per day, seven days per week for the purpose of
responding within 45 minutes to complaints regarding the condition, operation,
or conduct of occupants of the short-term vacation rental unit or their guests.
4. The address of the proposed short-term vacation rental unit, all Internet
listing sites for the short-term vacation rental unit and all listing numbers.
5. The number of bedrooms in the short-term vacation rental unit.
6. Acknowledgement of receipt of the city's "Good Neighbor" brochure.
7. An owner shall prepare an impact response plan, which shall state the
owner's intent to operate a short-term vacation rental, the number of
bedrooms that will be rented to overnight guests and the owner or the owner's
authorized agent's phone number. A copy of the impact response plan shall
also be mailed or delivered to all residents and owners of property abutting or
across the street from the short-term vacation rental.
8. Such other information as the city manager or designee deems reasonably
necessary to administer this chapter.
B. Any fee for a short-term vacation rental permit shall be established by
resolution of the city council.
C. Any false statements or false information provided in the application for a
short-term vacation rental permit shall be grounds for denial of a permit(s),
permit revocation and/or imposition of penalties as outlined in this chapter.
D. A short-term vacation rental permit application may be denied if the
owner has had a prior short-term vacation rental permit revoked within the
past 36 calendar months for the same or other short-term vacation rental unit
within the City of Carlsbad.
E. Short-term vacation rental permit holders must comply with the provisions
of Carlsbad Municipal Code Chapter 3.12and Chapter 3.37 regarding the
collection and remittance of transient occupancy taxes and the collection and
remittance of Carlsbad Tourism and Business Improvement District
assessments. Failure to comply with these provisions may result in revocation
of a short-term vacation rental permit. A broker that collects any revenue from
arranging or listing a short-term rental unit shall have primary responsibility for
August 21, 2018 Item #4 Page 4 of 8
EXHIBIT 1
collecting, paying and transmitting all revenues due to the city pursuant to this
section. (Ord. CS-272 § I, 2015)
5. That Section 5.60.070 of the Carlsbad Municipal Code is amended to read as follows:
5.60.070 Operational requirements.
A. The owner and/or owner's authorized agent shall use reasonably prudent
business practices to ensure that the short-term vacation rental unit is used in
a manner that complies with all applicable laws, rules and regulations
pertaining to the use and occupancy of the subject short-term vacation rental
unit.
B. While a short-term vacation rental unit is rented, a local contact person
shall be available 24 hours per day, seven days per week for the purpose of
responding within 45 minutes to complaints regarding the condition, operation,
or conduct of occupants of the short-term vacation rental unit or their guests.
C. The owner or owner's authorized agent shall post the short-term vacation
rental permit on the exterior of the unit within plain view of the general public
with the 24-hour, seven-day local contact phone number for complaints. The
permit shall be displayed at all times the unit is used as a short-term vacation
rental.
D. The owner or the owner's authorized agent shall, upon notification that
any occupant or guest of the short-term vacation rental unit has created
unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of any applicable law, rule or regulation pertaining to the
use and occupancy of the short-term vacation rental unit, respond in a timely
and appropriate manner to immediately halt or prevent a recurrence of such
conduct. Failure of the owner or the owner's authorized agent to respond to
such calls or complaints regarding the condition, operation, or conduct of the
occupants and/or guests of the short-term vacation rental in a timely and
appropriate manner shall subject the owner to all administrative, legal and
equitable remedies available to the city.
E. The owner and/or the owner's authorized agent shall use reasonably
prudent business practices to ensure that the occupants and/or guests of the
short-term vacation rental unit do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate any applicable law, rule
or regulation pertaining to the use and occupancy of the subject short-term
vacation rental unit.
F. No amplified or reproduced sound shall be used outside or audible from
the property line of any short-term vacation rental unit between the hours of
10:00 p.m. and 10:00 a.m.
August 21, 2018 Item #4 Page 5 of 8
EXHIBIT 1
G. The owner and/or owner1s authorized agent shall use reasonably prudent
business practices to ensure that the short-term vacation rental unit is used for
residential purposes only. Commercial activities and special events, including
but not limited to, weddings, receptions and large parties are prohibited. All
occupants of the short-term vacation rental shall be notified of the prohibition
against commercial activities prior to the reservation, rental or lease, and said
prohibition shall be a part of any rental or lease agreement.
H. Prior to occupancy of a short-term vacation rental unit, the owner or the
owner1s authorized agent shall:
1. Obtain the contact information of the renter.
2. Provide a copy of the "Good Neighbor11 brochure containing these
requirements to the renter.
3. Require the renter to execute a formal acknowledgment that he or
she is legally responsible for compliance by all occupants of the short-
term vacation rental unit and their guests with all applicable laws, rules
and regulations pertaining to the use and occupancy of the short-term
vacation rental unit.
4. The information required in paragraphs 1 and 3 of this subsection
shall be maintained by the owner or the owner1s authorized agent for a
period of three years and be made available upon request to any officer
of the city responsible for the enforcement of any provision of the
municipal code or any other applicable law, rule or regulation pertaining
to the use and occupancy of the short-term vacation rental unit.
I. Trash and refuse shall not be left stored within public view, except in
proper containers for the purpose of collection by the city1s authorized waste
hauler on scheduled trash collection days.
J. All occupants and guests shall, to the greatest extent possible, utilize any
on-site parking of the short-term vacation rental and avoid parking on nearby
residential streets. On-site parking shall be allowed on approved driveway,
garage, and/or carport areas only. Parking of over-sized vehicles must comply
with the provisions of Section 10.40.180.
K. The number of occupants allowed to occupy any given short-term vacation
rental unit shall be limited to two people per bedroom or studio plus one
person per unit.
L. The city manager, or designee, shall have the authority to impose
additional conditions on the use of any given short-term vacation rental unit to
ensure that any potential secondary effects unique to the subject short-term
vacation rental unit are avoided or adequately mitigated.
August 21, 2018 Item #4 Page 6 of 8
EXHIBIT 1
M. The owner or owner's authorized agent shall post the current short-term
vacation rental permit number on or in any advertisement appearing in any
written publication or on any website that promotes the availability or
existence of a short-term vacation rental unit. (Ord. CS-272 § I, 2015)
6. That Section 5.60.080 of the Carlsbad Municipal Code is amended to read as follows:
5.60.080 Penalties and enforcement.
A. Any person violating any of the provisions of this chapter shall be deemed
guilty of a misdemeanor punishable pursuant to Chapter 1.08 or Chapter 1.10
of this code.
B. In addition to any penalties imposed pursuant to Chapters 1.08 and 1.10 of
this code, the city manager, or designee, may impose additional conditions on
the use of any short-term vacation rental permit pursuant to Section
5.60.070(L) above; or suspend or revoke any short-term vacation rental permit
commensurate with the severity of the violation(s). The issuance of three or
more administrative citations, verifiable municipal code violations or hearing
officer determinations concerning permit requirements within a 24-month
period shall result in revocation of a short-term vacation rental permit.
Revocation is subject to a 30-day prior written notice and to appeal, if
requested within ten days. The appeal procedures will otherwise follow those
outlined in Chapter 1.10 ofthis code. In the event of permit revocation, an
application to reestablish a short-term vacation rental at the subject property
shall not be accepted for a minimum period of 36 months.
C. Except as otherwise provided, enforcement of this chapter is at the sole
discretion of the persons authorized to enforce this chapter. Nothing in this
chapter shall create a right of action in any person against the city or its agents
for damages or to compel public enforcement of this chapter against private
parties.
D. Pursuant to Subsection 1.08.010(() of this code, each and every day
during any portion of which any violation of this code or any other ordinance of
the city is committed, continued or permitted shall be a separate offense.
E. In accordance with the provisions of Section 3.36.040, the owner of a
short-term vacation rental may be billed for law enforcement services when a
second or subsequent police response is required at the short-term vacation
rental unit due to a party when the police officer determines that continued
activity is a threat to the peace, health, safety or general welfare of the public.
(Ord. CS-272 § I, 2015)
August 21, 2018 Item #4 Page 7 of 8
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Council on the 241h_day
of ::!!!!Y, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of August, 2018, by the following vote, to wit:
AYES:
NOES:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
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CELIA A. BREWER, City Attorney ---y1t1alllf#
MATT HALL, Mayor
(SEAL)
August 21, 2018 Item #4 Page 8 of 8
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-338
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS-338 is to be considered at the
City Council Meeting to be held on the 2ist day of August, 2018.
2.) That a certified copy of the full text of Ordinance No. CS-338 was posted in
the City Clerk's Office on the 25th day of July, 2018.
3.) That a summary of the Ordinance was published in the Union
Tribune, on the 17th day of August, 2018.
~d:Y):
FAVIOLA MEDINA, Senior Deputy City Clerk
Dated: July 25, 2018
(Seal)
Certification of Posting and Publication of Ordinance No. CS-338
Page 2
4.) That Ordinance No. CS-338 was adopted on the 21st day of August, 2018
5.) That a certified copy of the full text of Ordinance No. CS-338, showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 23rd day of August, 2018.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was/will be published in
the Coast News, on the 31st day of August, 2018.
SHEILA R. COBIAN, City Clerk Services Manager
Dated: August 23, 2018
(Seal)
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