HomeMy WebLinkAbout2015-04-21; City Council; 21942; Adding Chapter 5.60 Short-Term Vacation RentalsCITY OF CARLSBAD - AGENDA BILL 12
AB# 21,942 INTRODUCE ORDINANCE TO AMEND THE
CARSLBAD MUNICIPAL CODE BY ADDING
CHAPTER 5.60 SHORT-TERM VACATION
RENTALS, ESTABLISHING REGULATIONS
GOVERNING SHORT-TERM VACATION
RENTALS
DEPT.DIRECTOR M^yf
MTG. 4/21/15
INTRODUCE ORDINANCE TO AMEND THE
CARSLBAD MUNICIPAL CODE BY ADDING
CHAPTER 5.60 SHORT-TERM VACATION
RENTALS, ESTABLISHING REGULATIONS
GOVERNING SHORT-TERM VACATION
RENTALS
CITY ATTY. ^T^/
DEPT. City Manager
INTRODUCE ORDINANCE TO AMEND THE
CARSLBAD MUNICIPAL CODE BY ADDING
CHAPTER 5.60 SHORT-TERM VACATION
RENTALS, ESTABLISHING REGULATIONS
GOVERNING SHORT-TERM VACATION
RENTALS
CITY MGR. (J '
RECOMMENDED ACTION;
Introduce Ordinance No. CS-272 to amend the Carlsbad Municipal Code by adding chapter 5.60 Short-
term Vacation Rentals (STVR), establishing regulations governing short-term vacation rentals (Exhibit 1).
ITEM EXPLANATION:
On June 10, 2014, City Council adopted Resolution No. 2014-119 directing staff to develop
recommendations to expressly allow short-term vacation rentals and establish short-term vacation rental
operating permit policies and procedures. Since that time, staff has worked with residents, vacation
rental management companies, and other interested parties to develop a draft short-term vacation rental
ordinance.
A draft ordinance was presented to the City Council for review and discussion on March 17, 2015 (Exhibit
2). The City Council received public comment and provided direction to staff regarding revisions to the
draft ordinance. The following revisions were directed by the City Council and have been incorporated
into the proposed ordinance for introduction. A redlined version of the Ordinance is also included as
Exhibit 4.
1. Add a provision specifying that any city regulation allowing for short-term vacation rentals would
not supersede home owners association regulations that prohibit short-term vacation rentals
2. Specify that the contact person must be a "local" contact for responding to complaints
3. Include a restriction on the number of occupants per dwelling unit (Recommendation: two people
per bedroom or studio plus one person per unit)
4. Strengthen the city's enforcement ability by establishing that violations of the policy would be
deemed a misdemeanor
City Council also requested that staff provide short-term vacation rental geographic boundary options for
City Council consideration that are more restrictive than allowing STVRs citywide. STVR geographic
boundary options include the following:
OPTION 1: Allow short-term vacation rentals citywide (Recommended).
OPTION 2: Allow short-term vacation rentals only in the Coastal Zone and in the area west of El
Camino Real and in the La Costa Resort and Spa Master Plan area (to include the Balboa
and Cortez buildings.) 50% of the city geographically.
DEPARTMENT CONTACT: Steve Didier 760-602-2014 steven.didier@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN OTHER- SEE MINUTES
AMENDED REPORT RECEIVED •
OPTION 3: Allow short-term vacation rentals only in the Coastal Zone and in the area west of
Interstate 5 and in the La Costa Resort and Spa Master Plan area (to include the Balboa and
Cortez buildings.) 39% of the city geographically.
OPTION 4: Allow short-term vacation rentals only in the Coastal Zone. 37% of the city geographically.
After conducting additional research, staff is still recommending that the City Council establish an
ordinance that allows for STVRs citywide, rather than ban them or restrict them to certain geographic
areas of the city. Additional research included directly contacting six California agencies with some sort of
ban on STVRs in residential areas. Notwithstanding existing ordinances banning STVRs, all six agencies
have numerous vacation rentals in residential neighborhoods currently advertised on internet sites such
as VRBO.com or airbnb.com (Exhibit 3). Some of these agencies are now considering permitting and
regulating STVRs in response to the exponential growth in the internet sharing economy and/or California
Coastal Commission concerns about overly-restrictive STVR ordinances established decades earlier. Bans
have not been shown to work and tend to push the issue underground making it more difficult to track,
regulate and enforce.
Staff is recommending introducing Ordinance No.03-272 to amend the Carlsbad Municipal Code by
adding chapter 5.60 Short-term Vacation Rentals, establishing regulations governing short-term vacation
rentals and allowing for them on a citywide basis. Staff is also recommending that the new ordinance be
formally reviewed by City Council in early 2016 to assess its effectiveness and determine if any additional
regulations or changes are needed to effectively manage short-term vacation rentals in the city.
FISCAL IMPACT:
Under Municipal Code Chapters 3.12 and 3.37, STVR owners/property managers would be required to
pay the ten percent transient occupancy tax (TOT) and the one dollar per room night assessment to
support the Carlsbad Tourism & Business Improvement District (CTBID), respectively. City records
indicate that at least 15 businesses currently maintain business licenses for operating or managing short-
term vacation rentals. These businesses already contribute TOT to the city (over $330,000 in FY 2013-14).
Under the proposed ordinance, the remaining STVR owners/property managers would be required to
obtain business licenses and STVR permits and begin remitting TOT and the CTBID assessment, which
would generate additional revenue for the city.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Draft Ordinance No. CS-272 to establish Carlsbad Municipal Code Chapter 5.60
2. Agenda bill dated March 17, 2015: Short-term Vacation Rental Discussion and Direction
3. List of Six California Agencies with Some Form of STVR Ban in Residential Areas
4. Redlined Draft Ordinance Showing Revisions Since March 17, 2015 City Council Meeting
Exhibit 1
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ORDINANCE NO. 2015-272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TO AMEND THE CARLSBAD MUNICIPAL CODE BY
ADDING CHAPTER 5.60 SHORT-TERM VACATION RENTALS,
ESTABLISHING REGULATIONS GOVERNING SHORT-TERM VACATION
RENTALS.
CASE NAME: SHORT-TERM VACATION RENTALS
WHEREAS, short-term vacation rentals (STVRs) are not explicitly addressed in
the Carlsbad Municipal Code; and
WHEREAS, over 400 STVRs are known to exist throughout the city; and
WHEREAS, there are inconsistencies in the city's land use, business license,
transient occupancy taxes/Carlsbad Tourism & Business Improvement District (CTBID)
assessments, and code enforcement polices related to STVRs; and
WHEREAS, the City Council desires to protect neighborhoods from any
adverse effects resulting from the operation of STVRs and ensure that the city collects
transient occupancy taxes/Carlsbad Tourism & Business Improvement District (CTBID)
assessments from STVRs; and
WHEREAS, on June 10, 2014, the City Council directed staff to develop
recommendations to expressly allow STVRs and establish consistent and enforceable STVR
operating permit policies and procedures for regulating STVRs; and
WHEREAS, on March 17, 2015, the City Council reviewed a draft ordinance,
received public comment, and provided direction to staff to revise the draft ordinance; and
WHEREAS, on April 21, 2015, the City Council introduced the ordinance and
directed staff to return to City Council in early 2016 to assess its effectiveness and determine
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if any additional regulations or changes are needed to effectively manage short-term
vacation rentals in the city.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That Title 5 - BUSINESS LICENSES AND REGULATIONS of the Carlsbad
Municipal Code is amended with the addition of Chapter 5.60 as follows:
Chapter 5.60
SHORT-TERM VACATION RENTALS
Sections:
5.60.010 Purpose.
5.60.020 Definitions.
5.60.030 Short-term vacation rentals.
5.60.040 Authorized agent.
5.60.050 Permit required.
5.60.060 Obtaining and renewing a short-term vacation rental permit.
5.60.070 Operational requirements.
5.60.080 Penalties and enforcement.
5.60.090 Interpretation.
5.60.100 Constitutionality.
5.60.010 Purpose.
A. The purpose of this chapter is to establish regulations for short-term vacation
rentals in order to safeguard the peace, safety and general welfare of
neighborhoods within the city of Carlsbad by minimizing negative secondary
effects related to short-term vacation rentals including excessive noise,
disorderly conduct, illegal parking, overcrowding, and excessive accumulation
of refuse; and to ensure that the city is collecting transient occupancy tax
pursuant to Chapter 3.12 of this code, and the Carlsbad Tourism and Business
Improvement District assessment pursuant to Chapter 3.37 of this code.
B. This chapter is not intended to provide any owner of residential property with
the right or privilege to violate any deed restrictions or private conditions,
covenants and restrictions applicable to the owner's property that may prohibit
the use of such owner's residential property for short-term vacation rental
purposes as defined in this chapter. Short-term vacation rentals are not
permitted in dwelling units that have deed restrictions for affordable housing
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purposes or have other city imposed conditions of approval or restrictions
which prohibit the use of said dwelling unit as a short-term vacation rental as
defined herein.
5.60.020 Definitions.
"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. 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.
5.60.030 Short-term vacation rentals.
Short-term vacation rentals which comply with the requirements of this Chapter are
permitted citywide.
5.60.040 Authorized agent.
A. An owner may in writing authorize an agent to comply with the requirements
of this chapter on behalf of the owner. The authorized agent shall submit a copy
of the authorization to the city during the initial permit and all renewal permit
process(es).
B. Notwithstanding subsection A, the owner shall not be relieved from any
personal responsibility and personal liability for noncompliance with any
applicable law, rule or regulation pertaining to the use and occupancy of the
subject short-term vacation rental unit, regardless of whether such
noncompliance was committed by the owner's authorized agent or the
occupants of the owner's short-term vacation rental unit or their guests.
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5.60.050 Permit required.
A. The owner or owner's authorized agent is required to obtain a short-term
vacation rental permit and a business license from the city before renting or
advertising the availability of a short-term vacation rental unit.
B. A short-term vacation rental permit shall be valid for one calendar year from
the date of issuance and must be renewed annually thereafter.
C. Every broker shall ensure that each short-term vacation rental is registered
with the City prior to listing or advertising said property for rent.
D. The requirement for a short-term vacation rental permit shall be based on the
actual duration of the rental period and not the stated time period of the
reservation, rental, or lease agreement.
5.60.060 Obtaining and renewing a short-term vacation rental permit.
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 of the short-term vacation rental unit.
3. The name, address and telephone number of a local contact person who
shall be available twenty-four hours per day, seven days per week for the
purpose of responding within forty-five 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. 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.
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C. Any false statements or false information provided in the application for a short-
term vacation rental permit are 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 twelve
calendar months for the same or other short-term vacation rental units.
E. Short-term vacation rental permit holders must comply with the provisions of
Carlsbad Municipal Code Chapter 3.12 regarding the collection and remittance
of transient occupancy taxes and the collection and remittance of Chapter 3.37
regarding 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 collecting,
paying and transmitting all revenues due to the City pursuant to this section.
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 twenty-four hours per day, seven days per week for the purpose of
responding within forty-five 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 for 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
1 appropriate manner shall subject the owner to all administrative, legal and
2 equitable remedies available to the city.
3 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 often
g p.m. and ten a.m.
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9 G. 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 for
residential purposes only.
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H. Prior to occupancy of a short-term vacation rental unit, the owner or the
12 owner's authorized agent shall
1. Obtain the contact information of the renter.
2. Provide a copy of the "Good Neighbor" brochure containing these
14 requirements to the renter,
Require the renter to execute a formal acknowledgment that he or she
15 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
17 vacation rental unit.
4. The information required in items 1 and 3 above shall be maintained by
the owner or the owner's 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
20 applicable law, rule or regulation pertaining to the use and occupancy of
the short-term vacation rental unit
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22 I. Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the city's authorized waste hauler on
23 scheduled trash collection days,
J. On-site parking shall be allowed on approved driveway, garage, and/or carport
25 areas only. Parking of over-sized vehicles must comply with the provisions of
Carlsbad Municipal Code section 10.40.180
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2^ ... 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
28 per unit,
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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.
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.
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 5.60.060(K)
above; or suspend or revoke any short-term vacation rental permit
commensurate with the severity of the violation(s).
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(c) 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 Carlsbad municipal code Chapter 3.36,
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.
5.60.090 - Interpretation
This chapter shall be construed liberally in favor of regulation as determined if
necessary and appropriate by the city manager for the public protection and welfare
and in order to accomplish its purpose and intent.
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5.60.100 - Constitutionality
If any section, subsection, sentence, clause or phrase of this chapter is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions
of this chapter. The city council declares that it would have adopted the chapter and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
Exhibit 1
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ORDINANCE NO. CS-272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TO AMEND THE CARLSBAD MUNICIPAL CODE BY
ADDING CHAPTER 5.60 SHORT-TERM VACATION RENTALS,
ESTABLISHING REGULATIONS GOVERNING SHORT-TERM VACATION
RENTALS.
CASE NAME: SHORT-TERM VACATION RENTALS
WHEREAS, short-term vacation rentals (STVRs) are not explicitly addressed in
the Carlsbad Municipal Code; and
WHEREAS, over 400 STVRs are known to exist throughout the city; and
WHEREAS, there are inconsistencies in the city's land use, business license,
transient occupancy taxes/Carlsbad Tourism & Business Improvement District (CTBID)
assessments, and code enforcement polices related to STVRs; and
WHEREAS, the City Council desires to protect neighborhoods from any
adverse effects resulting from the operation of STVRs and ensure that the city collects
transient occupancy taxes/Carlsbad Tourism & Business Improvement District (CTBID)
assessments from STVRs; and
WHEREAS, on June 10, 2014, the City Council directed staff to develop
recommendations to expressly allow STVRs and establish consistent and enforceable STVR
operating permit policies and procedures for regulating STVRs; and
WHEREAS, on March 17, 2015, the City Council reviewed a draft ordinance,
received public comment, and provided direction to staff to revise the draft ordinance; and
WHEREAS, on April 21, 2015, the City Council introduced the ordinance and
directed staff to return to City Council in early 2016 to assess its effectiveness and determine
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if any additional regulations or changes are needed to effectively manage short-term
vacation rentals in the city.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That Titie 5 - BUSINESS LICENSES AND REGULATIONS of the Carlsbad
Municipal Code is amended with the addition of Chapter 5.60 as follows:
Chapter 5.60
SHORT-TERM VACATION RENTALS
Sections:
5.60.010 Purpose.
5.60.020 Definitions.
5.60.030 Short-term vacation rentals.
5.60.040 Authorized agent.
5.60.050 Permit required.
5.60.060 Obtaining and renewing a short-term vacation rental permit.
5.60.070 Operational requirements.
5.60.080 Penalties and enforcement.
5.60.090 Interpretation.
5.60.100 Constitutionality.
5.60.010 Purpose.
A. The purpose of this chapter is to establish regulations for short-term vacation
rentals in order to safeguard the peace, safety and general welfare of
neighborhoods within the city of Carlsbad by minimizing negative secondary
effects related to short-term vacation rentals including excessive noise,
disorderly conduct, illegal parking, overcrowding, and excessive accumulation
of refuse; and to ensure that the city is collecting transient occupancy tax
pursuant to Chapter 3.12 of this code, and the Carlsbad Tourism and Business
Improvement District assessment pursuant to Chapter 3.37 of this code.
B. This chapter is not intended to provide any owner of residential property with
the right or privilege to violate any deed restrictions or private conditions,
covenants and restrictions applicable to the owner's property that may prohibit
the use of such owner's residential property for short-term vacation rental
purposes as defined in this chapter. Short-term vacation rentals are not
permitted in dwelling units that have deed restrictions for affordable housing
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purposes or have other city imposed conditions of approval or restrictions
which prohibit the use of said dwelling unit as a short-term vacation rental as
defined herein.
5.60.020 Definitions.
"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. 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.
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.
5.60.040 Authorized agent.
A. An owner may in writing authorize an agent to comply with the requirements
of this chapter on behalf of the owner. The authorized agent shall submit a copy
of the authorization to the city during the initial permit and all renewal permit
process(es).
B. Notwithstanding subsection A, the owner shall not be relieved from any
personal responsibility and personal liability for noncompliance with any
applicable law, rule or regulation pertaining to the use and occupancy of the
subject short-term vacation rental unit, regardless of whether such
noncompliance was committed by the owner's authorized agent or the
occupants of the owner's short-term vacation rental unit or their guests.
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5.60.050 Permit required.
A. The owner or owner's authorized agent is required to obtain a short-term
vacation rental permit and a business license from the city before renting or
advertising the availability of a short-term vacation rental unit.
B. A short-term vacation rental permit shall be valid for one calendar year from
the date of issuance and must be renewed annually thereafter.
C. Every broker shall ensure that each short-term vacation rental is registered
with the City prior to listing or advertising said property for rent.
D. The requirement for a short-term vacation rental permit shall be based on the
actual duration of the rental period and not the stated time period of the
reservation, rental, or lease agreement.
5.60.060 Obtaining and renewing a short-term vacation rental permit.
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 of the short-term vacation rental unit.
3. The name, address and telephone number of a local contact person who
shall be available twenty-four hours per day, seven days per week for the
purpose of responding within forty-five 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. 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.
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2 C. Any false statements or false information provided in the application for a short-
term vacation rental permit are grounds for denial of a permit(s), permit
3 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 twelve
calendar months for the same or other short-term vacation rental units.
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E. Short-term vacation rental permit holders must comply with the provisions of
Carlsbad Municipal Code Chapter 3.12 regarding the collection and remittance
g of transient occupancy taxes and the collection and remittance of Chapter 3.37
regarding Carlsbad Tourism and Business Improvement District assessments.
9 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 collecting,
11 paying and transmitting all revenues due to the City pursuant to this section.
12 5.60.070 Operational requirements.
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The owner and/or owner's authorized agent shall use reasonably prudent
14 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
15 to the use and occupancy of the subject short-term vacation rental unit.
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B. While a short-term vacation rental unit is rented, a local contact person shall be
17 available twenty-four hours per day, seven days per week for the purpose of
responding within forty-five minutes to complaints regarding the condition,
operation, or conduct of occupants of the short-term vacation rental unit or
their guests.
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20 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 for the general public with
the 24 hour, seven day local contact phone number for complaints. The permit
22 shall be displayed at all times the unit is used as a short-term vacation rental.
23 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
25 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
26 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
28 occupants and/or guests of the short-term vacation rental in a timely and
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1 appropriate manner shall subject the owner to all administrative, legal and
2 equitable remedies available to the city.
3 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.
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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 often
g p.m. and ten a.m.
9 G. 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 for
residential purposes only.
Prior to occupancy of a short-term vacation rental unit, the owner or the
12 owner's authorized agent shall:
1. Obtain the contact information of the renter.
2. Provide a copy of the "Good Neighbor" brochure containing these
14 requirements to the renter.
Require the renter to execute a formal acknowledgment that he or she
15 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
17 vacation rental unit.
The information required in items 1 and 3 above shall be maintained by
the owner or the owner's authorized agent for a period of three years
.|g 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
20 applicable law, rule or regulation pertaining to the use and occupancy of
the short-term vacation rental unit.
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22 I. Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the city's authorized waste hauler on
23 scheduled trash collection days.
• On-site parking shall be allowed on approved driveway, garage, and/or carport
25 areas only. Parking of over-sized vehicles must comply with the provisions of
Carlsbad Municipal Code 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
28 per unit.
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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.
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.
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 5.60.060(K)
above; or suspend or revoke any short-term vacation rental permit
commensurate with the severity of the violation(s).
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(c) 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 Carlsbad municipal code Chapter 3.36,
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.
5.60.090 - Interpretation
This chapter shall be construed liberally in favor of regulation as determined if
necessary and appropriate by the city manager for the public protection and welfare
and in order to accomplish its purpose and intent.
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5.60.100 - Constitutionality
If any section, subsection, sentence, clause or phrase of this chapter is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions
of this chapter. The city council declares that it would have adopted the chapter and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the
City Clerk shall certify to 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 of the Carlsbad City Council on
the 21st day of April 2015, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2015, by the following vote to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBRA ENGLESON, City Clerk
(SEAL)
Exhibit 2
CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21,893
3-17-15
City IVIanager
DISCUSSION AND DIREaiON REGARDING
SHORT TERM VACATION RENTALS IN THE
CITY OF CARLSBAD
DEPT.DIRECrOR
CITY ATTY.
CITY MGR.
RECOMMENDED AaiON:
Receive staff report regarding development of a policy to expressly allow short term vacation rentals and
establish short term vacation rental operating permit policies and procedures, hear public comment, and
provide direction.
ITEM EXPLANATION: j
On June 10,2014, City Council adopted Resolution No. 2014-119 directing staff to develop
recommendations to expressly allow short term vacation rentals and establish short term vacation rental
operating permit policies and procedures (Exhibit 2). Since that time, staff has worked with residents,
vacation rental management companies, and other interested parties to develop a draft short term
vacation rental ordinance that staff is now presenting to the City Council for review and direction. Based
on any further direction from the City Council, staff will revise the draft ordinance as necessary and
schedule it for consideration in April/May, allowing the new regulations to be in place for the 2015
summer season. Staff also recommends that should the new ordinance be adopted, it should be formally
reviewed by the City Council in early 2016 to assess its effectiveness and whether any further changes are
needed to the short term vacation rental ordinance.
Currently, short term vacation rentals are not explicitly addressed in the city's Municipal Code. The term
"short term vacation rental" has generally and historically been interpreted 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 of typically 30 days or less. Under Municipal Code Chapters 3.12 and 3.37, vacation stays of less than
30 days would require collection of the 10 percent transient occupancy tax (TOT) and the $1 per room
night assessment to support the Carlsbad Tourism & Business Improvement District, respectively.
Also, the city's Zoning Ordinance (Municipal Code Title 21) does not currently list "short term vacation
rental" as a specific permitted use in any zone, and therefore, the use is considered prohibited. Currently,
over 400 short term vacation rentals exist in Carlsbad and city records indicate that at least 15 businesses
maintain business licenses for short term vacation rentals and contribute TOT to the city (over $233,000
in FY 2012-13). However, as the practice is not explicitly permitted, new applicants seeking business
licenses to use residential dwellings as short term vacation rentals have been denied.
The inconsistencies in city policies and practices have created an untenable situation regarding short term
vacation rentals. Expressly allowing short term vacation rentals and requiring operating permits and
standards of operation would establish clear guidelines for property owners, staff and the public to
follow.
Public comments received have ranged from requests for a citywide ban on vacation rentals, to
restrictions in certain neighborhoods, to no regulations at all. The general consensus, however, is that
wherever short term vacation rentals are allowed, the City Council should develop clear and consistent
DEPARTMENT CONTACT: Steve Didier 760-602-2014 steven.didier(S)carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES • .
AMENDED • REPORT RECEIVED
• .
ll
policy to take action against operators who consistently violate the permit and operating requirements.
The revised draft ordinance addresses the concerns expressed by residents to maintain the character of
residential neighborhoods (Exhibit 2).
FISCAL IMPACT:
There is no fiscal impact with the proposed action to receive staff's report, hear public comment, and
provide direction.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Draft Ordinance to establish Carlsbad Municipal Code Chapter 5.60 Short Term Vacation Rentals
2. Agenda bill dated June 10, 2014: Short Term Vacation Rentals Policy Direction and Resolution No.
2014-119
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EXHIBIT [
Chapter 5.60
SHORT-TERM VACATION RENTALS
Sections:
5.60.010 Purpose.
5.60.020 Definitions.
5.60.030 Authorized agent.
5.60.040 Permit required.
5.60.050 Obtaining and renewing a short-term vacation retttal permit.
5.60.060 Operational requirements. ^'•
5.60.070 Penalties and enforcement.
5.60.080 Interpretation.
5.60.090 Constitutionality.
5.60.010 Purpose.
The purpose of this chapteif|?|j| establish i^^gg^lations for short-term vacation
rentals in order to safeguard the peaC^^^ty^jod generM^elfare of neighborhoods within
the city of Carlsbad by minimizing ^ative Secpndary'«Pects related to short-term
vacation rentals including excessive"."/loise^ dflsiorderly conduct, illegal parking,
overcrowding, and e)^$ssfve'3^umulatl^«f> «if refuse; und to ensure that the city is
collecting transient o^upancy tdxpursuant to Chapter 3.12 of this code, and the Carlsbad
Tourism and Business Improvement District assessment pursuant to Chapter 3.37 of this
code. " 7
5.60.0ZQ Deffnifibns.
^'JBroker" means afiy entity^Qif person, including but not limited to, on-line websites,
on-line ttavel agencies, aftd on-line'booking agents, that offers, lists, advertises, accepts
reservationsland/or collects whole or partial payment for a short-term vacation rental unit.
"Owner" tftean^the person(s) or entity(ies) that hold(s) legal and/or equitable titie
to the subject shorir-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 in any residential
zoning district. Short-term vacation rentals are not permitted in dwelling units that have
deed restrictions for affordable housing purposes or have other city imposed conditions of
approval or restrictions which prohibit the use of said dwelling unit as a short-term vacation
rental as defined herein. Short-term vacation rental includes any contract or agreement
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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.
5.60.030 Authorized agent.
A. An owner may in writing authorize an agent to comply with the requirements
of this chapter on behalf of the owner. The authorized agent shall submit a copy
of the authorization to the city during the initial perrpitand all renewal permit
process(es).
I,-".'rVr'r^.".'.
B. Notwithstanding subsection A, the owner sfttlfl fti^^ be relieved from any
personal responsibility and personal liability for ntmcompliance with any
applicable law, rule or regulation pertaNitg to the use eind occupancy of the
subject short-term vacation rental?: unit, regardless of whether such
noncompliance was committed by the owner's authorized- agent or the
occupants of the owner's short-term Vacationf^ntal unit or their guests.
5.60.040 Permit required.
A. The owner or owner's authorized agent is required to obtain a short-term
vacation rental permit and a business license fronri the city before renting or
advertising the avaJfability of a sh0ft-term vacation rental unit.
B. A short^erm vacatio<^ rental permit shall be valid for one calendar year from
the date of issuance £H>(f must be renewed annually thereafter.
C. Every broker shaW ensure that each short-term vacation rental is registered
with the t3ty priorto listing or advertising said property for rent.
D. The requirement for a short-term vacation rental permit shall be based on the
actual duratioir.of the rental period and not the stated time period of the
reservation, rental, or lease agreement.
5.60.050 Obtaining and renewing a short-term vacation rental permit.
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 of the short-term vacation rental unit;
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3. The name, address and telephone number of the person or persons
responsible for promptly responding to all complaints regarding the short-
term vacation rental;
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. Acknowledgement of receipt of the city's "Good Neighbor" brochure;
6. Such other information as the city manager or designee deems reasonably
necessary to administer this chapter. j :.
B. Any fee for a short-term vacation rental permit sh^H be established by
resolution of the City Council.
C. Any false statements or false information provided in the applicatlonfor a short-
term vacation rental permit are gr£»unds foK^denial of a permlt(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 reniaf permit revoked within the past twelve
calendar months for the same or other short-term vacation rental units.
E. Short-term vacation rental permit holders must comply with the provisions of
Carlsbad Municipal Code Chapter 3^12 regarding the collection and remittance
of transient occupancy taxes and the collection and remittance of Chapter 3.37
regarding CaHisljad Tourism anrf Business Improvement District assessments.
Failure to compfy 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 collecting,
paying and transmitting all revenues due to the City pursuant to this section.
5.60.060 Operational reqtn'rements.
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, the owner or owner's
authorized agent shall be available twenty-four hours per day, seven days per
week for the purpose of responding within forty-five minutes to complaints
regarding the condition, operation, or conduct of occupants of the short-term
vacation rental unit or their guests.
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The owner or owner's authorized agent shall post the short-term vacation rental
permit on the exterior of the unit within plain view for the general public with
the 24 hour, seven day contact phone number for complaints. The permit shall
be displayed at all times the unit is used as a short term vacation rental.
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 9tJth<^«ed agent to respond to
such calls or complaints regarding the cortdition, operation, or conduct of the
occupants and/or guests of the short-term vacation rlnlal in a timely and
appropriate manner shall subject owner to all adminlistirative, legal and
equitable remedies available to the cfty.
E. The owner and/or the owner's authorized agent shall use reasonably prudent
business practices to ens?^j^|t the occupants and/or guests of the short-term
vacation rental unit do na%r#i|eiinreasonafote noise or disturbances, engage
in disorderly conduct, or vic^ate any applicable law^rule or regulation pertaining
to the use and occupancy of the subject short-term vacation rental unit.
F. No ampli^d or reproduced sound shall be used outside or audible from the
property fne of any ^hort-term vScation rental unit between the hours of ten
p.m. and ten a.m.
G. The owner and/or: owner's authorized agent shall use reasonably prudent
business practices %ensure that the short-term vacation rental unit is used for
residential purposes only.
H. Prior to occupancy of a short-term vacation rental unit, the owner or the
owner's authorized agent shall:
1. Obtain the contact information of the renter.
2. Provide a copy of the "Good Neighbor" 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 items 1 and 3 above shall be maintained by
the owner or the owner's authorized agent for a period of three years
and be made available upon request to any officer of the city responsible
fe
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J.
K.
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.
Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the city's authorized waste hauler on
scheduled trash collection days.
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
Carlsbad Municipal Code section 10.40.180.
L.
The city manager, or designee, shall have tht^jatitfiii^ty to impose additional
conditions on the use of any given short-term Vacation Njpal unit to ensure that
any potential secondary effects unique.tpithe subject short^t^m vacation rental
unit are avoided or adequately mitiga^d.
The owner or owner's authorized a^ent shaH: post the current short-term
vacation rental permit number on or in a,t% advertisement appearing in any
written publication or oni^y website that ^riamotes the availability or existence
of a short-term vacation rentaf Shjt.
5.60.070 Penalties and ettfbriiement.
A. Failure to comply with the conditions specified in this chapter shall constitute a
violation 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-terfn vacation rental permit pursuant to section 5.60.060(K)
above; or suspend or revoke any short-term vacation rental permit
commensurate with the severity of the violation(s).
C. Excepti.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(c) 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.
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E. In accordance with the provisions of Carlsbad municipal code Chapter 3.36,
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.
5.60.080 - Interpretation
This chapter shall be construed liberally in favor of regulation as determined if
necessary and appropriate by the city manager for the puhte^protection and welfare
and in order to accomplish its purpose and intent.
5.60.090 - Constitutionality
If any section, subsection, sentence, clause^ol phrase of this chapter te for any reason
held to be invalid, such decision shall not affect the val^ty of the remising portions
of this chapter. The city council declares thatit would hii^^ adopted the Chapter and
each section, subsection, sentence, clause or phiaseitfiereof, irrespective of the fact
that any one or more sections, sttbsections, sentences, clauses or phrases be
declared invalid.
EXHIBIT t
CITY OF CARLSBAD - AGENDA BILL
AB# 21.626 DISCUSSION AND DIRECTION REGARDING
SHORT TERM VACATION RENTALS IN THE
CITY OF CARLSBAD
DBPT. DIRECTOR
MTG. 6/10/14
DISCUSSION AND DIRECTION REGARDING
SHORT TERM VACATION RENTALS IN THE
CITY OF CARLSBAD
CITY ATTY. OA,
DEPT. City Manager
DISCUSSION AND DIRECTION REGARDING
SHORT TERM VACATION RENTALS IN THE
CITY OF CARLSBAD CITY MGR. M\
RECOMMENDED ACTION:
Approve Resolution No. 2014^119 directing staff to develop recommendations to expressly allow short
term vacation rentals and establish short term vacation rental operating permit policies and procedures.
ITEM EXPLANATION;
Currently, short term vacation rentals are not explicitly addressed in the city's Municipal Code. The term
"short term vacation rental" has generally and historically been interpreted 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 of
typically 30 days or less. Under Municipal Code Chapters 3.12 and 3.37, vacation stays of less than 30 days
would require collection of the 10 percent transient occupancy tax (TOT) and the $1 per room night
assessment to support the Carlsbad Tourism & Business Improvement District, respectively.
Also, the city's Zoning Ordinance (Municipal Code Titie 21) does not currently list "short term vacation rental"
as a specific permitted use in any zone, and therefore, the use is considered prohibited. Currently, over 400
short term vacation rentals exist in Carlsbad and city records indicate that at least 15 businesses maintain
business licenses for short term vacation rentals and contribute TOT to the city (over $233,000 in FY 2012-13).
However, as the practice is not expiicitiy permitted, new applicants seeking business licenses to use residential
dwellings as short term vacation rentals have been denied.
The inconsistencies in city policies and practices has created an untenable situation regarding short term
vacation rentals. Expressly allowing short term vacation rentals and requiring operating permits and
standards of operation would establish clear guidelines for property owners, staff and the public to follow.
Exhibit 1 provides additional detail including the current environment in Carlsbad, practices in other cities,
California Coastal Act implications, complaint history, and alternatives. Staff will return in approximately six
months with specific ordinance and policy recommendations to implement City Council's direction.
FISCAL IMPACT:
There is no fiscal impact with the proposed action to direct staff to develop recommendations to expressly
allow short term vacation rentals and establish operating permit policies and procedures.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS;
1. Memorandum to City Manager dated 5/29/14: Short Term Vacation Rentals Policy Recommendation
2. Resolution No?^^^^^^egarding short term vacation rental policy development
DEPARTMENT CONTACT: Steve Didier 760-602-2014 steven.didier@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPEOFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
wnrHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Exhibit I ^^"cityof
Carlsbad
Memorandum
May 29, 2014
To: Steven Sarkozy, City Manager
From: Gary Barberio, Assistant City Manager
Via: Steve Didier, Management Analyst
Barbara Kennedy, Associate Planner
Cheryl Gerhardt, Business Improvement District Manager
Re: Short Term Vacation Rentals Policy Development
This memorandum provides detail regarding the short term vacation rental (STVR) industry in
Carlsbad, current regulations, practices in other cities, and staffs recommendation to develop
ordinance, policy and procedure changes that would expressly allow short term vacation rentals in
the City of Carlsbad, require operating permits, establish operating regulations and enforcement
capabilities, and create procedures for collection of associated taxes and assessments.
1. How does the City of Carlsbad currently regulate Short Term Vacation Rentals?
Currently short term vacation rentals (STVR's) 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 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
cit/s transient occupancy tax (TOT) and Carlsbad Tourism & Business Improvement District
(CTBID) assessment regulations in Municipal Code Chapters 3.12 and 3.37, respectively. The
City's TOT regulations require a tax of 10 percent 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." The CTBID assessment is $1 per room night. Neither payment of TOT or the CTBID
assessment, 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 "short term vacation
rentals" 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 to be
substantially similar to specifically permitted uses. While the current interpretation Is that the
use is not permitted In any zone, anywhere in the city, the history of this interpretation has
been varied.
While STVR's are not currently permitted, over 400 currently exist throughout the city. City
records also indicate that at least 15 businesses maintain business licenses for STVRs and
City Manager's Department
1200 Carisbad Village Drive I Carlsbad, CA 92008 I 760-434-28201
Short Term Vacation Rentals Policy Development May 29,2014
Page 2
contribute TOT to the city ($233,000 in FY 2012-13). However, applicants who are currently
seeking business licenses to use residential dwellings as STVRs have been denied due to the
city's current zoning interpretation. There is also a concern for equity with Carlsbad hotels that
routinely contribute TOT, while many unregulated short term vacation rentals do not.
2. How many complaints does the city receive about STVRs?
The city's code enforcement staff receives on average five formal complaints per year about
STVRs, typically in residential areas located near the beaches and lagoons. Key issues
associated with complaints are loud noise, crowds, parking problems, excessive trash, and
concerns for the residential character of the neighborhood. Code compliance actions related to
STVRs have been resolved on a case-by-case basis, but have had inconsistent resolution from a
land use perspective. The inconsistencies in the city's land use, business license, TOT, and code
enforcement policies and practices are central to staffs recommendation to expressly allow
STVRs and require operating permits with standards of operation and enforcement capability.
Over the past few years, the city has also experienced formal complaints about several STVRs
routinely operating as special event venues for large events such as weddings, corporate
parties, and retreats. This type of use could be expressly prohibited under the operating
standards for permitted short term vacation rentals, or the city could regulate this use through
the development of separate city ordinances.
3. How does the California Coastal Commission (CCC) view STVRs?
Any amendment to a city's Zoning Ordinance to expressly limit or prohibit STVRs in the coastal
zone requires CCC approval of a Local Coastal Program (LCP) amendment. The CCC has
historically and successfully opposed attempts by other cities to prohibit/limit STVRs in the
coastal zone, contending that they provide a low-cost alternative to lodging in the coastal zone
and provide the general public with a greater opportunity for access to the beach, recreation
and coastal resources. In consideration of the need to quickly address the STVR concerns, staff
anticipates developing STVR policy alternatives that would not require an LCP amendment or a
lengthy CCC approval process.
4. How do other cities regulate STVRs?
Solana Beach
The City of Solana Beach allows STVRs in all residential zones throughout the city and requires
owners to apply for an operating permit and comply with operating standards. They also
require a minimum stay of 7 days and no more than 30 days. A copy of the operating permit
with code compliance contact information must also be posted inside of a front window and be
clearly visible. This system has worked well and provided an adequate level of operational
oversight and better means to collect TOT. Staff also contaaed Solana Beach and learned that
they have had no complaints for at least a year.
Short Term Vacation Rentals Policy Development May 29,2014
Page 3
Encinitas
Encinitas initially proposed a LCP amendment to prohibit STVRs in all residential zones. But
after lengthy opposition from the CCC the city ultimately opted for a municipal code
amendment that requires operating permits and standards of operation similar to the City of
Solana Beach. Encinitas allows STVRs in all residential zones with an operating permit for
periods of 30 days or less. They also allow STVRs in some nonresidential zones with a
conditional use permit.
Coronado
The City of Coronado LCP was approved in 1983 and prohibits STVRs for a period of less than 26
days. Short term vacation rentals are only permitted in motels, certain lodging houses, and a
multi-family residential zone In their Orange Avenue Corridor Specific Plan.
Oceanside
The City of Oceanside does not regulate STVRs. Transient occupancy tax is collected on a
voluntary basis through any real estate agencies or other licensed businesses that manage
STVRs.
5. How many STVRs are in Carlsbad and how are they managed?
Review of vacation rental industry websites and discussion with Industry representatives
suggests there are over 400 short term vacation rentals in Carlsbad. Short term vacation
rentals are typically managed either by the property owner or through a real estate firm
specializing in management of STVRs. Many property owners advertise through various
internet services, such as Vacation Rentals by Owner (www.vrbo.com). Others hire real estate
firms to advertise their properties and manage housekeeping and maintenance for them.
Staff has already held preliminary discussions with three representatives from a cross section of
the Carlsbad STVR industry who are among the top TOT contributors for STVRs. One firm
manages the largest single number of small to medium sized STVR properties. Another
represents primarily investment owners for very high-end, upscale STVR properties. And the
third is the owner of a single, large and very unique STVR property. They shared their
perspective on the vacation rental industry in Carisbad and initial thoughts about the city's
approach to regulating STVRs. Staff will continue to coordinate with this stakeholder group and
others in the development of formal policy recommendations.
6. How would Home Owners Associations (HOA) be affected by STVR regulations?
Home Owners' Associations typically require property owners to comply with a set of Codes,
Covenants and Restrictions (CCRs) specific to the neighborhood. Most CCRs prohibit the rental
of a private residence for a period of less than 30 days. Any policies developed to regulate
STVRs within Carisbad would not override more stringent regulations already in place which
essentially prohibit STVRs within most HOAs. It is Important to note that the city is not
Short Term Vacation Rentals Policy Development May 29,2014
Page 4
responsible for enforcing neighborhood CCRs, nor do city regulations need to be consistent
with neighborhood CCRs.
7. What alternatives are available to regulate STVRs?
Options Recdmmended;
A. Clarify that STVRs
are not allowed
anywhere
No
Would require a Zoning Ordinance revision and LCP
amendment that would likely be denied by the CCC
after a lengthy review process. Would also require
immediate enforcement action against 400+ STVRs
that are currently known to exist in Carlsbad.
B. Allow STVRs only
in certain
residential zones
No
This option would also require an LCP amendment and
Zoning Ordinance revision to clarify which zones
would allow STVRs. A lengthy CCC approval process
would also be required. May also require
enforcement action against STVRs in some zones.
Would likely result in relatively little change to the
current environment since the CCC would not approve
any restrictions in the coastal zone, where most STVRs
are located in Carlsbad, and most neighborhoods
situated inland from the coast have HOAs that already
regulate STVRs, so additional regulation is not needed.
C. Expressly allow
STVRs throughout
the city and
require operating
permits and
standards of
operation
Yes
This option could be implemented locally without a
LCP amendment or CCC approval process. The
proposed method of requiring operating permits and
standards of operation has shown to be a successful
model in neighboring cities. Would be relatively easy
to implement. Requires the least amount of city
resources for success. Quickly increases TOT and
CTBID assessment revenues.
CONCLUSION
Staff estimates that it will take approximately six months to fully research and develop
recommendations that must be vetted by a variety of city departments and Internal and
external stakeholders. If City Council approves, staff will begin immediately working to further
research and develop the required ordinance revisions and policy documents to carry out City
Council's direction.
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Exhibit 2
1 RESOLUTION NO. 2014-119
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING STAFF TO DEVELOP RECOMMENDATIONS
TO EXPRESSLY ALLOW SHORT TERM VACATION RENTALS AND
4 ESTABLISH SHORT TERM VACATION RENTAL OPERATING PERMIT
POLICIES AND PROCEDURES.
5
^ WHEREAS, short term vacation rentals (STVR's) are not expiicitiy addressed In the city's
7
Municipal Code, and the Zoning Ordinance (CM.C. Title 21) does not currently list "short term
vacation rental" as a permitted use in any zone; and
WHEREAS, the Zoning Ordinance is structured such that it only permits those uses that
11 are specifically listed in each zone, as well as uses determined by the City Planner to be
12 substantially similar to specifically permitted uses; and
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WHEREAS, over 400 STVR's are currently known to exist throughout the city.
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WHEREAS, city records indicate that at least 15 businesses maintain business licenses for
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STVRs and contribute transient occupancy taxes (in excess of $233,000 in FY 2012-13) and
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2^ Carisbad Tourism & Business Improvement District (CTBID) assessments to the city; and
18 WHEREAS, the city has received formal complaints relating to the operation of STVRs in
Carisbad requiring code enforcement action; and
20
WHEREAS, staff has completed preliminary research and determined that the
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inconsistencies in the city's land use, business license, TOT/CTBID, and code enforcement policies
22
related to STVRs have created an untenable situation.
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24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California,
25 as follows that:
26 1. The above recitations are true and correct.
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2. The City Council directs staff to develop recommendations to expressly allow short
term vacation rentals and establish short term vacation rental operating permit
policies and procedures.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carisbad on the 10th day of June 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
ATTEST:
BARB/MhAi£NGLESON, Cit^lerk
IC^LV^-' . Q. V
Exhibit 3
Six California Agencies with Some Form of STVR Ban in Residential Areas
City/County
Are STVRs in residential areas
advertised on internet sites despite
the ban? (VRBO.com; airbnb.com)*
Agency's Current Position on STVRs
Hermosa Beach Yes; 156 advertised
Similar to Carisbad where code does not
explicitly prohibit STVRs in residential
zones; past practice has been to deny them,
yet they exist. No changes planned.
Huntington
Beach Yes; 145 advertised
Council directed staff in 2014 to evaluate
legalizing STVRs; Council study session
scheduled for May 2015
Coronado Yes; 332 advertised Coastal Commission would like to revise
Coronado's regulations.
Carmel by the
Sea
Yes; 50 advertised w/in city limits:
170 listed outside city limits
No changes planned; however neighboring
city's allow STVRs; Monterey County is
revisiting policy with Coastal Commission
Napa County
Yes, but very few in unincorporated
county. 365 STVRs listed in City of
Napa and surrounding cities.
99% of unincorporated county is
agricultural; STVRs are not considered an
issue in unincorporated areas
City of San Luis
Obispo
Yes, 90-100 listed, hosted and non-
hosted rentals
Recently approved policy allows hosted
STVRs, meaning the owner must also
occupy the unit; permit required.
"Number of advertised rentals was estimated at of time of review and priorto publishing of this report.
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Exhibit 4: Redlined version showing revisions since March 17*^ Council Meeting
Chapter 5.60
SHORT-TERM VACATION RENTALS
Sections:
5.60.010 Purpose.
5.60.020 Definitions.
5.60.030 Authorized agent.
5.60.040 Permit required.
5.60.050 Obtaining and renewing a short-term vacation rental permit.
5.60.060 Operational requirements.
5.60.070 Penalties and enforcement.
5.60.080 Interpretation.
5.60.090 Constitutionality.
5.60.010 Purpose.
A. The purpose of this chapter is to establish regulations for short-term vacation
rentals in order to safeguard the peace, safety and general welfare of
neighborhoods within the city of Carlsbad by minimizing negative secondary
effects related to short-term vacation rentals including excessive noise,
disorderly conduct, illegal parking, overcrowding, and excessive accumulation
of refuse; and to ensure that the city is collecting transient occupancy tax
pursuant to Chapter 3.12 of this code, and the Carlsbad Tourism and Business
Improvement District assessment pursuant to Chapter 3.37 of this code.
B. This chapter is not intended to provide any owner of residential property with
the right or privilege to violate any deed restrictions or private conditions,
covenants and restrictions applicable to the owner's property that may prohibit
the use of such owner's residential property for short-term vacation rental
purposes as defined in this chapter. Short-term vacation rentals are not
permitted in dwelling units that have deed restrictions for affordable housing
purposes or have other city imposed conditions of approval or restrictions
which prohibit the use of said dwelling unit as a short-term vacation rental as
defined herein.
5.60.020 Definitions.
"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.
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"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 daysin any rosidontial
zoning district. 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.
5.60.030 Short-term vacation rentals.
Short-term vacation rentals which comply with,
permitted citywide.
requirements of this Chapter are
5.60.040 Authorized agent.
A. An owner may in writing authorize an agent to comply with the requirements
of this chapter on behalf of the owner. The authorized agent shall submit a copy
of the authorization to the city during the initial permit and all renewal permit
process(es).
B. Notwithstanding subsection A, the owner shall not be relieved from any
personal responsibility and personal liability for noncompliance with any
applicable law, rule or regulation pertaining to the use and occupancy of the
subject short-term vacation rental unit, regardless of whether such
noncompliance was committed by the owner's authorized agent or the
occupants of the owner's short-term vacation rental unit or their guests.
5.60.050 Permit requiret
A. The owner or owner's authorized agent is required to obtain a short-term
vacation rental permit and a business license from the city before renting or
advertising the availability of a short-term vacation rental unit.
B. A short-term vacation rental permit shall be valid for one calendar year from
the date of issuance and must be renewed annually thereafter.
C. Every broker shall ensure that each short-term vacation rental is registered
with the City prior to listing or advertising said property for rent.
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D. The requirement for a short-term vacation rental permit shall be based on the
actual duration of the rental period and not the stated time period of the
reservation, rental, or lease agreement.
5.60.060 Obtaining and renewing a short-term vacation rental permit.
A.
D.
E.
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 of the short-term vacation rental unit;
3. The name, address and telephone number of a local contact person who
shall be available twenty-four hours per day, seven days per week for the
purpose of responding within forty-five minutes to complaints regarding the
condition, operation, or conduct of occupants of the short-term vacation
rental unit or their guests; tho person or persons rosponsiblo for promptly
responding to all comptaints regarding the short term vacation rental;
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. 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.
Any false statements or false information provided in the application for a short-
term vacation rental permit are grounds for denial of a permit(s), permit
revocation and/or imposition of penalties as outlined in this chapter.
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 twelve
calendar months for the same or other short-term vacation rental units.
Short-term vacation rental permit holders must comply with the provisions of
Carlsbad Municipal Code Chapter 3.12 regarding the collection and remittance
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of transient occupancy taxes and the collection and remittance of Chapter 3.37
regarding 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 collecting,
paying and transmitting all revenues due to the City pursuant to this section.
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 twenty-four hours per day, seven days per week for the purpose of
responding within forty-five 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 for 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.
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F.
H.
J.
K.
L.
M.
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 often
p.m. and ten a.m.
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 for
residential purposes only.
Prior to occupancy of a short-term vacation rental unit, the owner or the
owner's authorized agent shall:
1. Obtain the contact information of the renter.
2. Provide a copy of the "Good Neighbor" 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 items 1 and 3 above shall be maintained by
the owner or the owner's 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.
Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the city's authorized waste hauler on
scheduled trash collection days.
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
Carlsbad Municipal Code section 10.40.180.
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.
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.
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
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written publication or on any website that promotes the availability or existence
of a short-term vacation rental unit.
5.60.080 Penalties and enforcement.
A.
B.
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.
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 5.60.060(K)
above; or suspend or revoke any short-term vacation rental permit
commensurate with the severity of the violation(s).
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(c) 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 Carlsbad municipal code Chapter 3.36,
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.
5.60.090 - Interpretation
This chapter shall be construed liberally in favor of regulation as determined if
necessary and appropriate by the city manager for the public protection and welfare
and in order to accomplish its purpose and intent.
5.60.100 - Constitutionality
If any section, subsection, sentence, clause or phrase of this chapter is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions
of this chapter. The city council declares that it would have adopted the chapter and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
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4/20/2015
V3I
Gmail - Neighborhood short Term Vacation rental ^^fSlOV^'^ ("Z-^
^ I I Joey Kratcoski <jojodancerjoey@gmail.com>
Neighborhood short Term Vacation rental
2 messages
Dana Taylor <danataylor2001@yahoo.com> Mon. Apr 20, 2015 at 10:47 AM
Reply-To: Dana Taylor <danataylor2001@yahoo.Gom>
Cc: Joey Kratcoski <jojodancerjoey@gmail.com>
Dear Mayor Hall and Members of the Council,
I would like to introduce myself. My name is Dana Taylor and I reside at 1306 Pine Ave., Carlsbad.
My family has owned mobile home parks in Florida, Arizona and currently in Oceanside California since
1970.
I understand income property ownership and management.
So I speak to you with a degree of experience both good and bad. Over the years I have come to be
very proud of our properties. We work hard to keep our properties and residents happy.
Our home on Pine Ave. is very quaint and quiet, truly a jewel in the neighborhood. We invited Lorraine
Wood to our home last year and it was appreciated by my partner Joey Kratcoski
and me that she took the time to visit us and view the terrible mess that Mr. Fischbach built next door
to us. Before you vote on the resolution to have short
term vacation rentals in our neighborhood I would like to invite all members and Mayor Hall to our
lovely home to view in person what might possibily happened if the resolution is passed.
My phone number is (760) 696-0951
Joey's (760)729-6913
Please if the resolution has to be passed I would ask that you keep the rentals in the costal area zone.
Sincerely,
Dana Taylor
1306 Pine Ave.
Carlsbad, Ca. 92008
Joey Kratcoski <jojodancer|oey@gmail.com> Mon. Apr 20, 2015 at 11:11 AM
To: William Bowden <w_bowden@yahoo.com>
(Quoted text hidden]
https://mail.google.com/rnail/u/0/?ui=2&ik=b2e593b55c&view=pt&search=inb^^^
April 6, 2015
All Receive - Agenda Item # Jo^
Forthe Information of the: The Beach Homeowners Association CITY COUNCIL
Carlsbad, California 92008 ACM_^CA v^CC
The Mayor and City Council Members
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Reference: Short Term Vacation Rentals Ordinance (STVRO)
Dear Mayor and Carlsbad City Council Members:
Date:, -^/fy /y-r
W«trlbutlon: ^ ~
CItyClerk
Asst. City Clerk
Deputy Clerk
Book
By way of introduction we are the five members of the Board of Directors of a 14 home
community know as The Beach, located at the northwest corner of the City, adjacent to the
ocean and the Buena Vista Lagoon.
We have read the draft of the proposed STVRO. With this letter we hope to offer some
constructive additional conditions to the STVRO. The below proposed conditions we would
offer to add to the STVRO come from very direct experience with a residentially zoned house
being rented as a "short term vacation rental" yet used as a commercial enterprise.
The property mentioned above is 400 feet north and east of our community. It is known as
"Levyland". The property, while zoned R-2 is advertised on the web extensively as a wedding
venue location and rented nearly every week for this purpose. Most of the wedding ceremonies
are held on the beach. The beach is owned by our HOA. However, it has a Public Access
Easement granted by us to the California State Lands Commission. Access from Levyland to the
beach is also through our property which has a Public Access and Passive Recreation use
Easement granted to the State of California and since taken by the City of Carlsbad. The owners
naming of his residential property say's it all. (Just type "Levyland weddings" in to your browser
for additional verification)
Our proposed additional conditions to the STVRO are meant to quash the Levyland type of
situations to continue and maybe keep Levyland type venues from happening in other Carlsbad
residential locations:
Vacation rentals, currently zoned "residential" shall be rented for only the "permitted uses"
allowed within the City of Carlsbad's current "Residential Zoning Ordinances R-l R-2".
Residential use only should be emphasized.
The owners must promise the City their renters are not renting their property to engage in
activates that are not a "permitted use" under thp current residential zoning ordinance. Our
understanding of the existing ordinance Section 21.10.040 Home Occupations, Paragraph A
subsection 7. "Sale of goods and services shail not be conducted" and subsection 9 "No
advertising" should be emphasize and made a part of the application.
The owners must promise the City their house will not be advertised or indicated in any way
Includingthe internet as a special events location.(To be included in the application)
The cit/^ relmnce for determining a violation of the ordinance could be as follows:
A swora afl1d,aVft froi^'afieast two nearby residences stating the vacation rental owner has
violated tiie ordinance any of the prohibited activates. The affidavit must include
specific dates, times,ah^>|{icidences.
We offer the above statements to be entered into the STVRO so as to help insure the
residential property owners in the area of the short term vacation rentals are able to enjoy the
peace and quiet promised and guaranteed by the City's residential zoning ordinances.
Respectively Yours,
This letter has been approved by the Board of Directors of The Beach Home Owners Association
Austin Gavin President
Carol Grimes Vice President
Ron Evans Secretary
William Carroll Treasurer
Dominic Spagnuolo Vice President
Morgen Fry
From: Stephen Tobias <ddg68mpa@hotmail.com>
Sent: Friday, April 17, 2015 10:31 AM
To: Council Internet Email
Subject: DO NOT APPROVE STVRs!!
Follow Up Flag: Follow up
Flag Status: Completed
s
I strongly believe the City Council should NOT approve short-term vacation rentals (STVR) citywide.
Some of my main reasons are:
- STVR's are for-profit businesses, and not only do not fit in with Carlsbad's neighborhoods but they could
significantly harm the quality of life in those neighborhoods.
- STVR's are businesses, with absentee owners, and they do not belong in residential neighborhoods.
Carlsbad already has vacation rentals by the beach and Village, and that makes perfect sense; it is a natural fit
with the tourism and commerce that helps drive our local economy.
Other California cities, who have maintained their charm and uniqueness, prohibit STVR's in residential
neighborhoods: Carmel-by-the-Sea, Coronado, Imperial Beach, Huntington Beach, Hermosa Beach, Santa
Monica, Santa Barbara, San Luis Obispo, Healdsburg, and the entire county of Napa.
Our beautiful beaches, recreational areas, eateries, hotels and businesses attract people to work, visit, play,
and spend money in Carlsbad. Our neighborhoods attract people to live. Both environments are good for a
thriving community, but neither will succeed long term if they are co-mingled.
Please do not allow STVR's to degrade not only our neighborhoods but also our property values. A
compromise that can satisfy the majority of Carlsbad homeowners is to legalize STVR's only within the coastal
zone.
On May 3, 2015 somebody from the Pacific Beach Planning Group said, "People are screwing up my town
folks, and if you've got some great ideas on how to UNDO it I'm all
ears." http://www.10news.com/news/pacific-beach-planning-Rroup-approves-new-guidelines-for-vacation-
rentals-03032015
Stephen Tobias
4729 Edinburgh Dr.
Carlsbad, Ca. 92010
850.276.6416
Morgen Fry
From: Melanie Lee <mvslee5@gmail.com>
Sent: Friday, April 17, 2015 6:51 AM
To: Council Internet Email
Subject: STVR
Follow Up Flag: Follow up
Flag Status: Completed
Members of the Council,
I do not support legalizing short term vacation rentals (STVR) outside the coastal zone in
residential neighborhoods.
STVR's are for-profit businesses, and not only do not fit in with Carlsbad's neighborhoods
but they could significantly harm the quality df life in those neighborhoods.
Thank you ,
Melanie Lee
Morgen Fry
From: Don <donwofford@roadrunner.com>
Sent: Friday, April 17, 2015 6:21 AM
To: Council Internet Email
Subject: STVR
Follow Up Flag: Foilbw up
Flag Status: Completed
PLEASE bo NOT support STVR. I love my community and would hate to see it compromised. Don Wofford. 4757
Edinburgh dr. Carlsbad.
Sent from my iPhone
Morgen Fry
From: Nlynn6@aol.com
Sent: Wednesday, April 15, 2015 9:36 AM
To: Council Internet Email
Subject: Re: Carisbad short term rentals
Dear Council Members,
I am unable to attend your meeting on April 21 regarding Carlsbad and short term rentals.
We live in a quiet neighborhood about 3 miles from the beaches.
There is a home next to us that, in the past, has used short term rentals. The noise and
partying and nude people and basketball games that go way into the night has caused us
to call the police many times. We never got any sleep.They police told us they will come,
but can do nothing.
This is not the Carlsbad we moved into 23 years ago.....l get short term rentals near the
beaches but I don't get how you can allow this in residential areas. It seems this is a
political move and makes me wonder what THAT is about? I wiil tell you that we will be
watching closely and whomever votes for this legalization will never get my vote again. It
seems loud and clear what your constituents want....and a handful of people who own
these rentals should not be allowed to sway your vote. I do not believe you can regulate
this with a law; in the past no one helped us when we had problems with "bad" owners.
Let's just eliminate the problem.
Natalie Lynn
7336 El Fuerte St.
Carlsbad, Ca. 92009
Morgen Fry
From:
Sent:
To:
Subject:
Barbara Wood <bwood@roadrunner.com>
Friday, April 17, 2015 3:36 PM
Council Internet Email
STVR Issue
To Cadsbad City Council:
My understanding is that the issue of establishing short term vacation rentals within the city will come up for your
consideration on Tuesday, April 21. Although I have previously stated by email my opposition to this proposal, I am
again urging you to reject STVR for the city of Carlsbad.
Beside all the obvious reasons presented to you by other citizens, my opposition is based on the fact that the city has
not shown how this new regulation (if passed) can possibly be enforced. From what \ have read, city staff have not
thoroughly researched or answered how homeowners that wish to rent out their homes will be scrutinized to make sure
they follow the rules, i.e.., filing permits, payment of TOT, keep rentals within the 30 day limit, etc. And, I hate to see
our city's resources end up in a futile effort to support a new regulation that will be beyond its control to maintain.
Carlsbad has more challenges that require priority.
Barbara Wood
4770 Brookwood Court
Carlsbad, CA 92010
bwood@roadrunner.com
Date:
Distribution:
City Clerk
Asst. City Clerk
Deputy Clerk
Book
All Receive - Agenda Item #
For the Information of the:
CITY COUNCIL
^ A TIT o-rn A -r^ ACM^CA_i/ CC j/.
CARLSBAD Oateli^City Manager _v/
CHAMBER OF COMMERCE
April 21, 2015 (^lUj aHu^
Mayor and City Council
City of Carlsbad
1200 Cai'lsbad Village Drive
Carlsbad, CA 92008
RE: Short-term Vacation Rentals; Agenda Item 12: City Council Ordinance No. CS-£72
Dear Mayor and City Council:
I understand that the City CouncO will be receiving a report and presentation on April 21'' regarding
short-term vacation rentals, I have read the City Council agenda bill and, on behalf of the Carlsbad
Chamber of Commerce, I would like to express our support for stafFs recommendation to allow
short-term vacation rentals throughout Carlsbad. Fui-ther, we agree that establishing permit
requirements and strong standards of operation wiU create consistency and clear, enforceable i-ules,
which would benefit the tourism industry and residential property owners.
The Chamber of Commerce beligves that short-term vacation rentals are critical in supporting
Carlsbad's strong tourism indus try. Thousands of visitors a year use vacation rentals as a viabk
option for experiencing Carlsbad's wonderful amenities, and they directly support a very important
part of our local economy. We believe that any prohibition of vacation rentals would have a
detrimental impact on Carlsbad's small businesses, shops, and restaurants. Small business owners are
a critical part of the local community and help contribute to the financial sti-ength, community
character and quality of life in Carlsbad.
I strongly urge the City Council to vote in favor of staffs recommendation to establish permit
requirements and strong standards of operation for short-term vacation rentals throughout Carlsbad.
Please feel fi-ee to contact me if you would like to discuss our position. We thank you in advance for
your consideration of our request and look forward to your decision.
Sincerely,
Ted Owen
Chief Executive Officer
Carlsbad Chamber of Commerce
5934 Priestly Drive I Carlsbad, CA 82008 I 760.931.8400 T I 760.831.9153 F
unmcarlsbad.Drg
To: Carlsbad City Council April 4, 2015
RE: Chapter 5.60 Proposed Short Term Vacation Rental Ordinance
My name is Patrick Kellett, Broker Owner of Realblue Properties and Property Manager of Vacation
In Carlsbad
Thank you for allowing me to speak at the various forums through out the process of drafting the
proposed Short Term Vacation Rental Ordinance. It was my intention to be with you this evening as
well - but I woke up feeling imder the weather today.
I think the most recent proposed Vacation Rental Docxmient is by and large, a good one. Not perfect,
granted, but a good balance of interests. I think it accomplishes some diverse objectives and should
result it better management practices and higher TOT collection rates in the City of Carlsbad.
I would suggest that since most of our guests make their reservations on-line (from many different
countries) it might be helpful to also have the proposed "GoodNeighbor" Brochure in an electronic
pdf format. That way the City can save on printing costs and the document can easily be read and
acknowledged by our guests at the time of booking. We already do the same with our Rental Rules -
which are contained in our Booking Confirmation.
There are a few other ideas - but I do think the document as proposed - is flexible enough to allow
some additional adjustments by City Staff.
Thanks again for allowing public input into the process.
Patrick Kellett
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Importance:
P Camerena <pcamerenal@att.net>
Monday, April 20, 2015 7:45 AM
Council Internet Email
mauricecam@dslextreme.com
STVR'S
High
All Receive - Agenda Item -f/j
For the Information of the;
CITY COUNCIL
ACM / CA CC /
Date i/go/ia Citv I\/Ianager~i7
My husband & I are 30+ year Calavera Hills homeowners. We strongly believe the
City Council should NOT approve short-term vacation rentals (STVR) citywide.
Other California cities, who have maintained their charm and uniqueness, prohibit
STVR's in residential neighborhoods: Carmel-by-the-Sea, Coronado, Imperial
Beach, Huntington Beach, Hermosa Beach, Santa Monica, Santa Barbara, San Luis
Obispo, Healdsburg, and the entire county of Napa. STVR's are for-profit
businesses, and not only do not fit in with Carlsbad's neighborhoods but they could
significantly harm the quality of life in those neighborhoods, not to mention the
harmful effect on property values throughout the city.
We DO NOT support legalizing short term vacation rentals (STVR) outside the
coastal zone in residential neighborhoods.
Regards,
Pat & Maurice Camerena
760-522-1643
pcamerenal@att.net
Morgen Fry ————
From: Cliff Johnson <cliffjr50@hotmail.com>
Sent: Saturday, April 18, 2015 6:41 AM
To: Council Internet Email
Subject: vacation rentals question submission
We do NOT support legalizmg short term vacation rentals (STVR) outside the coastal zone m residential
neighborhoods.
STVR's are busmesses, with absentee owners, and they do not belong in residential neighborhoods.Other
Califomia cities, who have maintained their charm and uniqueness, prohibit STVR's m residential
neighborhoods: Carmel-by-the-Sea, Coronado, Imperial Beach, Huntington Beach, Hermosa Beach, Santa
Monica, Santa Barbara, San Luis Obispo, Healdsburg, and the entire county of Napa.
A compromise that can satisfy the majority of Carlsbad homeowners is to legalize STVR's only within the
coastal zone.
Thank you,
Wendy and CUff Johnson
2741 Glasgow Dr
Carlsbad C A 92010
Morgen Fry
From: Sherrey Flodin <raflodin@sbcglobai.net>
Sent: Friday, April 17, 2015 4:42 PM
To: Council Internet Email
Please do not vote to allow residential vacation rentals throughout Carlsbad. A compromise that can
satisfy the majority of Carlsbad homeowners is to legalize STVR's only within the coastal zone.
Sherrey Flodin
4772 Brookwood Ct.
Carlsbad, CA 92010
Morgen Fry
From: Fred Z <zerlaut@aol.com>
Sent: Monday, April 20, 2015 10:33 AM
To: Council Internet Email
Cc: Jessiepontiac@gmail.com; Zorba63@att.net; gregagosti@sbcglcbal.net;
w_bowden@yahoo.com
Subject: Short term vacation rentals.
Carlsbad City Council, for the meeting 4/21/2015 Regarding Short Term Vacation Rentals.
Dear Council,
My family moved to Carlsbad in August of 1987. Shortly after moving in to our new home in the La Costa
area, the next door house was used as a Short term rental. This was absolutely terrible, because:
1) The rental tenants were "on vacation." How dare we ask that they consider not having a party every
night.
2) The noise was unfair to the neighborhood because it robbed us from the sleep needed for our daily
work and school. The vacationer's didn't care if their noise was offensive, and the Police when called
grew weary of hearing complaints, but said they could do nothing to quell the problem. As soon as the
Police departed, the noise continued.
3) Generally on Friday, the offending group would be gone, but another new group would show up and
start the partying all over again. Non-Stop, sometimes for months.
I sincerely hope you do not allow short term rentals in single family neighborhoods. Consider how you would
feel if this occurred at the house next door to you.
Sincerely,
Frederick Zerlaut
7323 Las Brisas Ct.
Carlsbad, CA. 92009
Morgen Fry
From: Mikedimc@aol.com
Sent: Monday, April 20, 2015 11:24 AM
To: Council Internet Email
Subject: No STVR'S in Carlsbad - PLEASE!!!
To Whom it May Concern,
STVR's are for-profit businesses, and not only do not fit in with Carlsbad's
neighborhoods but they could significantly harm the quality of life in those
neighborhoods.
Please do not approve short term vacation rentals city-wide. Listen to the concerns of
Carlsbad residents!
Thank you,
Mike & Diane McManus
Morgen Fry
From: Jennifer Tobias <drjennifer@hotmail.com>
Sent: Monday, April 20, 2015 1:52 PM
To: Council Internet Email
Subject: Short Term Vacation Rentals
Dear members of the Carlsbad city council.
My name is Jennifer Tobias. 1 am a 4 year resident of Carlsbad. I live in the Calavera Hills area. 1 am writing to you
concerning the short term vacation rental (STVC) proposal. I am very concerned about the passage of this proposal. We
moved to a quiet, and safe residential area of Carlsbad, because we wanted the peace of mind that we, as a family of
four, would have with our surroundings, and our neighbors. We are a close knit neighborhood of trust. We all have keys
to each other's homes for pet/house sitting, emergencies, etc. We are very fortunate with all of the above in our
neighborhood. I understand that other's want to come to our city to experience our beautiful beaches, our weather, and
the amenities that come with our community. 1 also understand that accommodations for visitors are necessary. Visitors
bring a lot to our economy, and-l appreciate that we live in paradise; a place where visitors want to stay for sometimes
several months out of the year. However, there is place where short term rentals belong, and our quiet residential
neighborhood is not the place. Having visitors in and out of surrounding homes takes away our feeling of safety and
comfort. Short term rental goes against the current qualifications for running a business out of the home. The owner is
not present in short term rentals, therefore, they have no control of the renters behavior. We as residents have a
"work/family" schedule. We are up early, we drive to work and we are home in the afternoon. Our bedtimes are not at 2
in the morning; as we have to get up and do it all over again the next day. This is diabolically different than the schedule
of a vacationer.
These are just a few of my reasons for being against this proposal. The value of our homes being effected, by this
proposal is a whole different, but serious concern.
Short term rentals belong on the west side of the 5 fwy, where access to the coast is a short bike ride away. Short term
rentals do not belong east of the 5 where riding a bike to the coast would mean that your in good enough physical
condition to tackle the many hills that surround our neighborhood.
1 am standing with my neighbors who are in opposition of this proposal as well. We, as a neighborhood bought our
homes in Carlsbad, not Pacific Beach. Will not accept anything less than to abolish this proposal.
Thank you for your consideration of this matter.
Jennifer Tobias
drjennifer@hotmail.com
Morgen Fry
From: jes hinrichs <jessiepontiac@gmail.com>
Sent: Monday, April 20, 2015 3:54 PM
To: Council Internet Email
Subject: to: Michael Shumacher and Lorraine Wood
Thank you very much for taking the time to meet with Jill and me this morning. We really appreciate your
concern for the citizens of Carlsbad.
To follow Up on two topics, I was able to talk with a Realtor who gave me permission to
quote him, as he is unable to attend tomorrow evening.
I spoke with Steve Golden, Broker and owner of HomeTown Realty. He is a resident of Carlsbad. He has
been a Realtor for 16 years. In his professional opinion, transient occupancy in a residential
neighborhoods could certainly devalue neighboring properties when a seller discloses neighborhood noise
problems or other nuisances. STVRs destabilize the neighborhood and alter the character of residential
neighborhoods. In our neighborhood, a property recently sold that is directly across the street from an
STVR. The buyer was unaware that the STVR existed and is not happy, to say the least.
I found this document: The State of California, Department of Real Estate,Disclosures in
Real Property Transactions, shows that in the California Transfer Disclosure Statement
(Sellers Information) a seller must answer YES or NO to many questions about the
property they are selling. Question * 11 is: Neighborhood noise problems or other
nuisances. YES or NO must be answered. I should thinl< that if that box was checked
off "YES" it might give a potential buyer cause to consider another property to purchase,
or to negotiate a lower price on that property.
I was able to contact a few cities regarding their STVR policies.
Santa Barbara prohibits in R-l residential zones but allows where there are hotels. They are just getting to
the point where they are going to have extensive outreach to the community , including realtors,
residents, etc. and have workshops so that they can find out what the community wants the city to do
about the STVR's. Right now they respond to complaints but I'd have to talk to Code Enforcement and
they have not called back.
Huntinoton Beach has a policy allowing 30 day minimum vacation rentals. They admit it is a lot to
enforce but they do periodically search the VRBO and AIRBNB and send out notifications to those who are
not operating within the ordinance. They realize that they cannot prohibit operators from listing their
properties but they do try to follow up periodically. They also respond to complaints on a case by case
basis.
Imperial Beach responds to complaints and looks into whether there are violations. They are a smaller
(27,000) city.
Coronado has a 30 day or greater policy and they respond to complaints on a case by case basis.
I have not heard from Hermosa Beach, but the pattern seems to be that the cities that do have an
ordinance in place try to keep an eye on things, respond to complaints, and some cities that do not have
an ordinance have turned a blind eye to all of the STVR's and are considering designing ordinances
prohibiting or regulating. Everyone agrees that it is a challenge.
I do not understand Staff's contention that if STVRs are allowed throughout the City, they would be easier
to regulate. That baffles me. Is the purpose of an ordinance to make It easier for the City to regulate
something or to help make our City a better place to live?
This issue is coming forward In many cities and I hope that Carlsbad can lead the way by protecting the
majority of residents and allowing STVR's in the Coastal Zone and Commercial Zones only and not in our
residential neighborhoods. That seems like a fair compromise.
Thank you again.
. well r^,:. happy, ot peaceful.
Morgen Fry
From: Casey Bohn <kcbohn@hctmail.com>
Sent: • Monday, April 20, 2015 6:56 PM
To: Council Internet Email
Subject: Short Term Vacation Rentals
Importance: High
Dear City Council Members:
We are writing to you to express our opinion regarding STVRs in residential neighborhoods in Carlsbad.
We are vehemently opposed to STVRs in residential neighborhoods. We chose and purchased our home in a quiet
neighborhood where we have had the pleasure of enjoying and knowing the people who live and reside near us. We also
have an elementary schooi in our neighborhood. This nearby school of young children needs to be protected. As
parents and concerned citizens, we expect these students to be safe as they go to and from school just down our street and
around the corner. The increase of traffic and strangers from inviting STVR guests, from who knows where, is frightening to
us. Short Term Vacation Rentals are NOT appropriate for the safety of our family, neighbors, or the elementary school kids
attending this school.
We believe the disclosure of an STVR when selling our home will devalue it and make it difficult to sell in the future. We,
personally, would not purchase a house that had an STVR on the street. The noise of people enjoying a vacation and partying
until late into the night does not mix with daily living of families who value their sleep and expect routines not to be
interrupted.
We also believe that our family's privacy would be invaded by vacationers who are just passing through. We have enough
hotels and motels with varying monetary choices in our city to please most people. Short term rentals do not belong in a
NEIGHBORHOOD.
Safety, property value, noise and privacy. Key factors in our opposition.
Please do not approve STVRs in residential neighborhoods east of the 5 freeway, it is not conducive to family living.
Sincerely,
Casey and Mark Bohn
2709 Argonauta Street
Dear Carlsbad City Council Members:
I am writing this letter to you to further encourage you not to authorize
STVR's outside the Coastal commission zone in Carlsbad.
I searched with my wife for two years in San Diego, from the south to
the east counties, up to Temecula and in between, before we settled
on a great little community in Carlsbad. This is a great place to raise
a family. A great place to live.
Now with STVR's popping up in the neighborhood we have late night
music, trash, speeders in cars, etc. Things that make our
neighborhood less a community and more... transient like.
Seemingly less safe. I am suddenly more wary of my own
neighborhood surroundings.
Additionally, as I have begun to research this matter, it has come to
my attention that many communities in San Diego that have allowed
STVR business have serious regrets. Many have experienced a loss
of property value, security, and the overall sense of well being that
most of us hope to attain in our immediate community.
I would guess that some would say that surely we can hire more
people to help register and license STVRs, that compliance and
enforcement could be properly handled, and that this would all run
smoothly while benefitting the city financially.
I do not believe that the revenue expected from whatever forms of
compliance you would place upon all the STVR owners could ever
justify the disruption of the familial communities that would occur.
And once the damage is done, you cannot take it back. This can be
prevented from becoming the norm in our communities. You hold this
in your hands. Please do not allow STVR business into our
communities outside the already existing Coastal zone.
Sincerely,
Kevin Tracy
Short Term Vacation Rentals
April 21, 2015
1
Project Team
•Gary Barberio, Assistant City Manager
•Celia Brewer, City Attorney
•Steve Didier, Sr. Management Analyst
•Cheryl Gerhardt, CTBID Manager/Finance
•Barbara Kennedy, Associate Planner
•Flora Waite, Legal Technician
2
Contributors
•Paul Edmonson, Sr. Assistant City Attorney
•Jane Mobaldi, Assistant City Attorney
•Debbie Fountain, Housing & Neighborhood Services Dir.
•Neil Gallucci, Police Captain
•Colette Wengenroth, Finance Manager
•Martie Clemons, Geographic Information Systems
3
Short Term Vacation Rentals
•Current Environment in Carlsbad
•Sharing Economy
•Need for new policy
4
Policy Recommendation
•Proposed Ordinance represents:
–Experience and input of team members
–Research of and experience of other agencies
–Public input
–City Council direction
•Providing our “best professional recommendation”
5
Prior Council Direction
June 10, 2014
•Expressly allow STVRs in Carlsbad
–Clear, consistent, enforceable
–Permitting requirements
–Operating requirements
–Procedures and enforcement
6
Prior Council Direction
March 17, 2015
•Revise draft ordinance as follows:
–Would not supersede HOA rules prohibiting STVRs
–Contact person must be a “local” contact
–Include restriction on the number of occupants
–Strengthen the city’s enforcement ability
–Provide geographic boundary options to consider
7
Policy Recommendations
•Permit Requirements
–Business license
–Operating permit (annual renewal)
•Unit address/phone number
•Notice that HOA rules or other restrictions still apply
•Local complaint contact
•Advertising locations
•Good Neighbor Guidelines (GNG) acknowledgement
•Collect and remit TOT and CTBID fee
8
Policy Recommendations
•Operating Requirements
–Comply with use laws/residential only
–Renter must receive GNG
–Permit posted in plain view
–24/7 local phone number/45 minute response
–Owner/agent must take action
–Permit number on advertisements
9
Policy Recommendations
•Operating Requirements (continued)
–No trash problems
–On-site parking in designated areas only
–Max. occupancy 2 per bedroom/studio + 1 per unit
–No amplified sound outside property (10p-10a)
–Maintain 3 years of records
–Violations = misdemeanor offense
10
!^
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Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd
Option 1:
Recommended
Citywide
Recommendation
–Citywide application
–Low number of complaints historically
–HOA rules already control in newer areas
–Bans are very difficult to enforce
–Enforcement resources focused on bad operators
12
Additional Research
13
STVRs despite ban?Current Position on STVRs
Hermosa
Beach Yes, hosted/non-hosted Similar to Carlsbad currently
No changes planned
Huntington
Beach Yes, hosted/non-hosted Considering changing policy; Council
study session scheduled for May 2015
Coronado Yes, hosted/non-hosted Coastal Commission interested in
revisiting
Carmel by
the Sea Yes, hosted/non-hosted No changes planned
Napa County Yes, hosted/non-hosted 99% agricultural; no changes planned
City of San
Luis Obispo Yes, hosted/non-hosted Recently approved policy allows
hosted STVRs only;permit required
!^
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RAN C HO S A NTAFERDM
E
L
R
OSEDRAV
I
ARAP
Y
PACIFIC
OCEAN
BUENAVISTA
LAGOON
AGUA
HEDIONDA
LAGOON
BATIQUITOS
LAGOON
0 1Miles I
Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd
Option 2:
Coastal Zone + West
of El Camino Real +
La Costa Resort & Spa
Master Plan
50% of city
!^
?¸
CaliforniaCoastalZone
TA
M
ARACKAV
PALO M A R A I R PO RT RD
LA COSTA AV
PO IN S E T T I A LNCARLSBADBL
P OIN SE T T IA LN
C A R L S B A D V ILLA G E DRCARLSBAD BL
OLIVENHAIN R D
ALGA RD
C O L L EGEB LC A N N O N RD
T A M A R A C K AV
ELCAMINOREAL
RAN C HO S A NTAFERDM
E
L
R
OSEDRAV
I
ARAP
Y
PACIFIC
OCEAN
BUENAVISTA
LAGOON
AGUA
HEDIONDA
LAGOON
BATIQUITOS
LAGOON
0 1Miles I
Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd
Option 3:
Coastal Zone + West
of Interstate 5 +
La Costa Resort & Spa
Master Plan
39% of city
!^
?¸
CaliforniaCoastalZone
TA
M
ARACKAV
PALO M A R A I R PO RT RD
LA COSTA AV
PO IN S E T T I A LNCARLSBADBL
P OIN SE T T IA LN
C A R L S B A D V ILLA G E DRCARLSBAD BL
OLIVENHAIN R D
ALGA RD
C O L L EGEB LC A N N O N RD
T A M A R A C K AV
ELCAMINOREAL
RAN C HO S A NTAFERDM
E
L
R
OSEDRAV
I
ARAP
Y
PACIFIC
OCEAN
BUENAVISTA
LAGOON
AGUA
HEDIONDA
LAGOON
BATIQUITOS
LAGOON
0 1Miles I
Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd
Option 4:
Coastal Zone
37% of city
Next Steps in Implementation
•Introduce, second reading, goes into effect in June
•Finalize documents: permit, application, GNG
•Implement communications plan
•Implementation rollout w/Police/Code Compl./Finance
•STVR permit processed with business license
•Finalize protocols for response and reporting
•GIS mapping for tracking and enforcement
•Collect TOT and CTBID fee
•Enforce new regulations
•Return to City Council in early 2016 with update
17
Recommended Action
•Introduce Ordinance No. CS-272 to amend the
Carlsbad Municipal Code by adding chapter
5.60 Short-term Vacation Rentals, establishing
regulations governing short-term vacation
rentals and allowing vacation rentals on a
citywide basis.
18
Discussion/Questions
19
Alternative Options
5.60.030 Short-term vacation rentals.
Short-term vacation rentals which comply with the requirements of this
Chapter are permitted citywide only…
OPTION 1: …in the Coastal Zone and in the area west of El Camino Real and
in the La Costa Resort and Spa Master Plan area (to include the
Balboa and Cortez buildings.)
OPTION 2:…in the Coastal Zone and in the area west of Interstate 5 and in
the La Costa Resort and Spa Master Plan area (to include the
Balboa and Cortez buildings.)
OPTION 3:…in the Coastal Zone
20
21
Source
www.vrbo.com
22
Source
www.airbnb.com
STVR City-Wide
•Pacific Beach Planning Group
–“People are screwing up my town folks, and if you’ve
got some great ideas on how to UNDO it I’m all ears.”
•Per Asst City Mgr, STVR ordinance is not about TOT
–How do the 105,328 residents benefit by legalizing rentals
city-wide?
Residents, Visitors & Investors
•Visitors are attracted to Carlsbad for the sand, surf and scenery
•Residential neighborhoods attract people to live
–Population: 105, 328
•Short term rentals will decrease of rental inventory for people
wishing/needing to rent long term (e.g., job relocations)
•Each STVR displaces what could be a long term resident vested
in the community
•STVR’s provide an opportunity for investors to buy up houses in
residential neighborhoods, turn them into STVR's and forever
change the fabric of our City
Enforcement
•Written ordinance can have all the “teeth” in the world –what
is the value if it’s not enforced or only parts are enforced?
•ANY decision will require human resources to enforce
–Legal operators
–Illegal operators
•No implementation plan, no code-enforcement SME on project
team, & minimal discussion
•Not something to be “figured out later”
•What are the specific fines? Not delineated in the ordinance
Compromise -Solution
•No matter what decision you make people will not be happy
•Satisfy the majority of residents and CA Coastal Commission
by limiting STVR’s only to the coastal zone (Option 4)
•Phased implementation to limit negative impact to approx 252
# of Upset People
252
(63% of 400)
VS
Thousands
105, 328
Population
Compromise -Solution
•Option 4
By limiting STVR’s only to the coastal zone:
1.you can satisfy the majority of residents
2.and CA Coastal Commission
Agencies w/ Form of STVR Ban
Hermosa Beach Imperial Beach
Huntington Beach Santa Barbara
Coronado Healdsburg
Carmel by the Sea Santa Monica
County of Napa St Helena
San Luis Obispo
•Those in red are not included in Exhibit 3
•CA Vacation Rental Manager’s Alliance/Association -Vacation
Rental Regulations & Laws
•Carlsbad has an obligation to enforce any ordinance passed –no
excuses
Jessie Hinrichs
•Steve Golden, Broker & Owner Hometown Realty
“Transient occupancy in residential neighborhoods can certainly
devalue neighboring properties when a seller discloses noise
problems or other nuisances.STVR’s destabilize the neighborhood
and alter the character of residential neighborhoods.”
•California Department of Real Estate, Disclosures in Real Property
Transactions
•Contact phone number procedure
•Friend in Carlsbad doesn’t want STRV in his neighborhood, but
recently purchased two STVR’s in another city
•Closing
Compromise -Solution
•Option 4
By limiting STVR’s only to the coastal zone:
1.you can satisfy the majority of residents
2.and CA Coastal Commission