HomeMy WebLinkAbout2011-09-27; City Council; 20691; CITIZEN PRESENTATION VACATION RENTALSCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.691
9-27-11
CM
CITIZEN PRESENTATION REGARDING
VACATION RENTALS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
To receive a presentation from Alice Brown regarding consideration of an ordinance to address
vacation rentals in the One-Family Residential (R-1) Zone.
ITEM EXPLANATION:
The City Council provides an opportunity for citizens and organizations to have an item placed
on a City Council Agenda by submitting a request to the City Manager. Attached is a request
from Arthur and Alice Brown (Exhibit 1) requesting that the City Council receive a presentation
relating to vacation rentals in the One Family Residential (R-1) Zone.
ENVIRONMENTAL IMPACT:
Pursuant to Section 15061 of the CEQA Guidelines, the activity is covered by the General Rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA.
FISCAL IMPACT:
None.
EXHIBIT:
1. Letter and petition from Arthur and Alice Brown.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2959, sheila.cobian@carlsbadca.gov
FOR CITY CLERKS
COUNCIL ACTION:
USE ONLY.
APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEEJfliNUIES
COUNCIL<K|CEJyEB&ACCEPTED THE
REPORT/PKESENTATON
Council directed staff to return w/report
on the matter
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MR.&MRS. ARTHUR BROWN
5157 Shore Drive
Carlsbad, CA 92008
July 19,2011
Lisa E. Hildabrand, City Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
Dear City Manager:
This is a request for a hearing before the Carlsbad City Council to consider an ordinance addressing
vacation rentals in the One-Family Residential (R-l) zone, limiting them to a minimum of 30 days or more
for each vacation rental, and with no more than two families occupying the vacation rental. This practice is
a growing concern for the many families that live in our neighborhood, known as Terramar, and throughout
Carlsbad, as the enclosed signed petitions contest to. These vacation rentals have become party homes and
public nuisances, disturbing the surrounding neighbors.
This serious matter deserves the attention of the City Council and the citizens of Carlsbad.
Sincerely,
Arthur & Alice Brown
Randy & Hope Smith
5154 Shore Drive
VACATION RENTAL PETITION
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rental properties located in the
City's residential neighborhoods in order to minimize the impacts of such vacation rentals
on the surrounding neighborhoods.
The goal is to address issues such as; overcrowding, vehicle parking impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and implement such an ordinance.
VACATION RENTAL PETITION
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rental properties located in the
City's residential neighborhoods in order to minimize the impacts of such vacation rentals
on the surrounding neighborhoods.
The goal is to address Issues such as; overcrowding, vehicle parking impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and Implement such an ordinance.
VACATION RENTAL PETITION
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rentalEpfbperties located in the
City's residential neighborhoods in order to minimize the impacts of such vacation rentals
on the surrounding neighborhoods.
The goal is to address issues such as; overcrowding, vehicle parking impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and implement such an ordinance.
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rental properties located In the
City's residential neighborhoods In order to minimize the impacts of such vacation rentals
on the surrounding neighborhoods.
The goal is to address issues such as; overcrowding, vehicle parking impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and implement such an ordinance.
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rental properties located in the
City's residential neighborhoods in orderto minimize the Impacts of such vacation rentals
on the surrounding neighborhoods.
The goal is to address issues such as; overcrowding, vehicle parking impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and implement such an ordinance.
Name Address City / Zip Signature Date
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VACATION RENTAL PETITION
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rental properties located in the
City's residential neighborhoods in order to minimize the impacts of such vacation rentals
on the surrounding neighborhoods.
The goal is to address issues such as; overcrowding, vehicle parking impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and implement such an ordinance.
Name Address City /Zip Signature Date
(M\\\
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Lot *>/#/*
VACATION RENTAL PETITION
We, the undersigned, encourage the City Council of The City of Carlsbad, California to
develop an ordinance to govern the function of vacation rental properties located in the
City's residential neighborhoods In order to minimize the Impacts of such vacation rentals
on the surrounding neighborhoods.
The goal Is to address Issues such as; overcrowding, vehicle parking Impacts and traffic
congestion, excessive noise, vandalism, unwanted accumulation of trash, and increased
demand on City services.
Many other coastal communities in San Diego County and Southern California have
ordinances that regulate vacation rentals. We believe the City of Carlsbad should also
develop and implement such an ordinance.
Name Address City /Zip Signature Date
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All Receive-Agenda Item # \
For the Information of the:
CITY COUNCIL
Asst. CM
5154 Shore Drive DateS/^2 City Mria^er
Carlsbad, CA 92008
(760)438-3544
e-mail:
September 27,2011
City of Carlsbad
Honorary Mayor
City Council Members
Carlsbad, CA 92008
Dear Mayor and Ail City Council Members:
As a homeowner in Carlsbad, I agree with the recommendation that a 30-day vacation
rental be established as represented by Alice Brown at this evening's public hearing.
Sincerely,
Helen Z.Urton
September 27, 2011
All Receive-Agenda Item #__J_
For the Information of the'
CITY COUNCIL
Asst. C
D».te ^p^l City Manager.
C/.
Lisa E. Hildabrand, City Manager
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, Calif. 92008-1949
Dear City Manager:
I received this information in the mail today. It is a
suggested template for a Carlsbad Ordinance close to what I
am asking for in my request. It is from a coastal town north
of Carlsbad.
I would like the Council to have a copy if possible.
Thank you,
Date: f
Distribution: "
City Clerk
Asst. City Clerk
Deputy Clerk
Book
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE OF THE MUNICIPAL CODE RELATING TO
RESIDENTIAL VACATION RENTALS
The City Council of ordains as follows:
SECTION 1. Section of the Municipal Code, is hereby amended as follows:
[SECTION] - Residential Vacation Rentals: A Residential Vacation Rental is the use of an existing
residence, or a new residential structure that has been constructed in conformance with all standards
applicable to residential development, as a rental for transient use. Rental of a residence shall be 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 with the following standards:
a. Purpose. The purpose of this 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 residential 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 License, 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 of the 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
Breakfast, 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
less 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 Residential
Vacation Rental shall only be used for the purposes of occupancy as a vacation 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 specify 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 residential areas.
g. Signs. Availability of the rental unit to the public 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 section, normal residential traffic
volume means up to 10 trips per day.
i. On-site parking required. All parking associated with a Residential Vacation Rental shall 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
any time.
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 shall insure that the occupants of the Residential
Vacation Rental do not willfully create 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 Residential Vacation Rental use that is audible from a distance of SO feet from the property
lines of the rental property.
k. Local contact person. All Residential Vacation Rentals shall designate a local 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. All the requirements enumerated in this section shall continue to
apply.
(1) A notice shall be submitted to the Planning Division; Police Department; nearest fire
station to the proposed Residential Vacation Rental; Fire Department Operations office;
the local homeowners' association; and supplied to the property owners within a 300
foot radius of the proposed Residential Vacation Rental site. Distances shall be
measured as a radius from the exterior property lines of the property containing the
Residential Vacation Rental unit. This notice shall state the property owner's intention
to establish a Residential Vacation Rental and shall 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 of the property owners notified shall be supplied to the Planning
Divison at the time of application for the Zoning Clearance, Business License and
Transient Occupancy Tax Certificate for the Residential Vacation Rental.
The name, address and telephone number(s) of the local contact person shall be
permanently 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 furnished to the
agencies and neighboring property owners as specified in this subsection. In addition,
the standards for parking, maximum occupancy, and noise shall be posted inside the
Residential Vacation Rental unit and shall be incorporated as an addendum to the
vacation rental contracts.
I. Transient Occupancy Tax. Each Residential Vacation Rental unit shall meet the regulations and
standards set forth in Chapter of the Municipal Code, including any required payment of
transient occupancy tax for each Residential Vacation Rental unit.
m. Effect on existing Residential Vacation Rentals. If a Business License issued for a Residential
Vacation Rental, expires pursuant to Title of the Municipal Code, a new Zoning Clearance
and Business License shall be required and shall be subject to all standards as set forth in this
Section.
n. Violation - vacation rental. It is unlawful for any person to use or allow the use of property in
violation 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 License. Violations that will cause the processing of Zoning
Clearance revocation include:
(1) Failure to notify County staff when the contact person changes.
(2) Violation of Residential Vacation Rental tenancy standards as set forth in Subsection d.
(3) Violation 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 Planning 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 Clearance. 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 will
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
City 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 by the general rule that the California Environmental Quality
Act (CEQA) applies only to projects which have the potential 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 will 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
decision shall not affect the validity or constitutionality of the remaining portion of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section, subsection,
clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, phrases or portions be declared invalid or unconstitutional.
TO
All Receive-Agenda Item •3-
For the Tnformtion of the:
CITY COUNCIL ^
Asst. CM^t
Date:
Distribution/
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Asst. City Clerk
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(I
All Receive-Agenda Item #
jjira Lin berg For the Information
From:
Sent:
To:
Subject:
Debora Gill <deboragill888@gmail.com>
Tuesday, September 27, 2011 3:04 PM
Council Internet Email
Citizen Presentation Regarding Vacation Rentals
CI 1 Y COUNCIL __^-
-"ifeo-tyMan^er^^
Dear Mayor Matt Hall and city counsel members,
Citizen Presentation Regarding Vacation Rentals was brought to my attention from a concerned neighbor
who has their home on Vacation Rental by Owner. They own 2 homes and their husband lost his job and the
only way that they can continue to carry it is to vacation rent it out.
This is not my personal situation.. .as my husband and I have had the privilege to travel the World about 4
months a year... we use this option MOST of the time in other countries. We have leased ours out for monthly
lease commitments, frankly, because we were GIFTING our home constantly to family and friends for a week
here and there ONLY to have the hassle at OUR expense... so, we do both :)
My concern is more for the families that are having such financial hardships that this option, if taken from them,
will only cause MORE foreclosures. I read an article that out of ALL of the CURRENT foreclosures.... there are
TWO TIMES that number in LATE PAY... in the pipeline for foreclosure. This is simply just another
crippling control placed on good, law abiding citizens who pay their taxes. In fact, I ask Carlsbad City Counsel
to overthrow this decision and mandate that NO HOA is legally allowed to put such limits on home owners.
My opinion is to allow people the opportunity to survive this economic storm as best the can, as long as it is not
illegal OR unethical.
Please allow my thoughts to be voiced.
Debora Leitner Gill
760-500-8228
GlobalWavMakers.org
NewspaperArchive.com
WorldHistory.com
Date:.
Distribution:
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Asst. City Clerk
Deputy Clerk
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