HomeMy WebLinkAbout2015-05-05; City Council; 21954; Adding Chapter 5.60 Short-Term Vacation Rentals, Regulations8
CITY OF CARLSBAD - AGENDA BILL
AB# 21,954 ADOPTION OF AN ORDINANCE TO AMEND THE
CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER
5.60 SHORT-TERM VACATION RENTALS,
DEPT.DIRECTOR (^^^
MTG. 05/05/15
ADOPTION OF AN ORDINANCE TO AMEND THE
CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER
5.60 SHORT-TERM VACATION RENTALS, CITY ATTORNEY
DEPT. Clerk ESTABLISHING REGULATIONS GOVERNING SHORT-
TERM VACATION RENTALS
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-272 that adds Chapter 5.60 Short-Term Vacation Rentals to the Carlsbad Municipal
Code and establishing regulations governing short-term vacation rentals.
ITEM EXPLANATION:
Ordinance No. CS-272 was introduced and first read at the City Council meeting held on April 21, 2015. The
second reading allows the City Council to adopt the ordinance. The City Clerk will have the ordinance or a
summary of the ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,942 on file in the Office ofthe City Clerk.
ENVIRONMENTAL IMPAa:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has not 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.
EXHIBIT:
1. Ordinance No. CS-272.
DEPARTMENT CONTACT: Shelley Collins (760) 434-2917 shellev.collins(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
•
•
•
•
CONTINUED TO DATE SPECIFIC • .
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
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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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 ofthis 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
ofthis 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 ofthe 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 ofthe owner ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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
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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 ofthe subject short-term vacation rental unit.
F. No amplified or reproduced sound shall be used outside or audible from the
property line of any short-term vacation rental unit between the hours of ten
p.m. and ten a.m.
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.
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 ofthe 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 ofthe 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.
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
scheduled trash collection days.
J. 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.
K. The number of occupants allowed to occupy any given short-term vacation
rental unit shall be limited to two people per bedroom or studio plus one person
per unit.
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L. The city manager, or designee, shall have the authority to impose additional
conditions on the use ofany 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 ofthe provisions ofthis 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 ofthe 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 ofthe 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
ofthis chapter. The city council declares that it would have adopted the chapter and
each section, subsection, sentence, clause or phrase thereof, irrespective ofthe fact
that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
2 and the City Clerk shall certify to the adoption of this ordinance and cause the full text of the
3 ordinance or a summary of the ordinance prepared by the City Attorney to be published at least
4 once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
5 adoption.
6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
7 the 21 st day of April 2015, and thereafter.
8 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
9 City of Carlsbad on the 5"^ day of May 2015, by the following vote to wit:
10
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
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NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
oc: BARBRA ENGL^N, City Clerk
26 (SEAL) v-^o^-^iVe^-.V-:
All Receive-Agenda Item # x
Forthe InforniaticM of thi-
^'"^ (COUNCIL
D. Wayne Brechtel, Esq.
Felicia Brechtel
3676 Monroe Street
Carlsbad, California 92008
May 5,2015
City Council
City of Carlsbad
1200 Carlsbad ViUage Drive
Carlsbad, Califomia 92008
Date:
Oistril
City Clerk
Asst. City Clerk
Deputy Clerk
Book
Re: Agenda Item 8AB#21,954 Ordinance No. CS-272 Amending the Carlsbad
Municipal Code by adding Chapter 5.60 Short-Term Vacation Rentals,
Establishing Regulations Governing Short-Term Vacation Rentals.
Honorable Mayor and Members of the City Coimcil:
I am writing to xirge that you not adopt Ordinance No. CS-272 regarding short-term
vacation rentals ("STVR"s) as cirrrently proposed because it arbitrarily bans STVRs
from 63% of the City without any rational basis. We reside at 3676 Monroe Drive. Our
property has two separate residential units, neither of which have ever been used as a
short-term vacation rental. However, we strongly object to the Coimcil's recent
decision to eliminate the option of using one of the residential imits as a short-term
vacation rental in the future. The Council's decision to impose a ban across a large
portion of the City was contrary to staff's recommendation and not based upon any
logical or factual basis.
We understand that the Council heard testimony from residents indicating that STRVs
cause impacts to neighbors within "residential neighborhoods," and the City needs to
act to "protect" residents and residential neighborhoods. The evidence suggests that
the ordinance, as originally recommended by Staff, was the best way to accomplish
these goals. Instead of creating a permit system to "control" STRVs, the City Council
chose to create a ban for most of the city, despite the fact that the Staff indicated
outright bans are not effective. Fm-fhermore, the proposed ban does not "protect"
residential neighborhoods" throughout the City, because it allows STRVs in residential
neighborhoods within the Coastal Zone, while banning STRVs in residential
neighborhoods outside of the Coastal Zone. Without doubt, the largest nimiber of
existing STVRs are closer to the beach and within the Coastal Zone. This by definition
City Council
May 5, 2015
Page 3
proposed STVRs ordinance is unlawful because it unfairly penalizes equally situated
homeowners without a rational basis. It is inappropriate from a legal and policy point
of view.
From a personal point of view, it is especially offensive that the City Council has elected
to ban us from having a STVR without first giving us the opportunity of complying
with regulations to help minimize impacts that is being provided to homeowners
within the Coastal Zone. We certainly appreciate the fact that unregulated and
uncontrolled STVRs can have a significant and adverse impact on the community. It is
entirely appropriate to enact regulations that ensure homeowners who use their
property for STVRs are.held responsible for making smre those rentals do not adversely
impact their neighbors. This includes the abiUty to ban the use of a property as a STVR
if impacts are not appropriately mitigated. We also understand that some residents
have been impacted by existing STVRs that have created impacts. The City should
target those STRVs for unmediate compliance, rather than banning the entire City. We
therefore support Staff's previous recommendation to regulate STRVs city wide.
We appreciate the hard work the Council does to help ensure that Carlsbad remains a
great place to live. We, however, ask that the City Coimcil allow us and other
homeowners within the City the opportunity to comply with appropriate regulatioiis
goveming STVRs before any type of blanket prohibition is imposed. For these reasons,
we ask that you reject the STVRs ordinance as currently drafted and adopt an ordinance
that treats all homeowners within the City in an equal and fair manner.
We appreciate your consideration of this letter.
Very Truly Yours,
D. Wa5me Brechtel, Esq. Felicia Brechtel
(iwb@tyor(ienwiIliams.coin fcb@tvorcienwilIiains.com.
Kira Ll inberg
From:
Sent:
To:
Subject:
Dear Carlsbad City Council,
Colin Ross <colin.ross@turnkeyvr.com>
Thursday, April 30, 2015 9:20 AM
Help
Short Term Vacation Rental Restrictions
All Receive - Agenda Item # S_
For the Information of the:
CITY COUNCIL
ACM CA _^CC
Date y>/i5 City Manager •
I writing to you to formally request a grace period for those homes which are vacation rentals outside ofthe
coastal zone. I understand the restriction will take place in June and we have guests who have already booked
their vacations for the summer months.
I respectfully request an exception for those reservations made prior to the restrictions being put into place. My
request is to extend to the last reservation checking out at the end of August.
Thank you for your consideration.
Colin Ross | General Manager, San Diego
TurnKey Vacation Rentals
760-277-3145 | colin.ross@turnkewr.com | wvyw.turnkewr.com
TurnKey
VACATION RENTALS Jiff
"Better, smarter vacation rental management."
Date:
Dtotributi^:
City Clerk
Asst. CItyClerk
Deputy Clerk
Book
Morgen Fry
From:
Sent:
To:
Subject:
Harve Meskin <harvem47@gmail.com>
Monday, May 04, 2015 9:02 AM
Manager Internet Email
Short term rentals
All Receive - Agenda Item #
For the Information of the:
Cip' COUNCIL /
ACM / CA /cc //
Date City ManageF/
I wanted to register my displeasure with any restriction on short term / vacation rentals. I feel that as long as A
renter is in compliance with the rales and regulations of the city there should be no restriction. This is a private
citizens right to rent their property as they see fit. This is an excellent example of too much govemment
Sherry Freismger
From: Andrea Dykes
Sent: Monday, May 04, 2015 9:29 AM
To: City Clerk
Subject: FW: Short Term Rental Ordinance
I am not sure if the Council received this email from Debbie Fountain or not.
From: Debbie Fountain
Sent: Thursday, April 30, 2015 5:33 PM
To: Andrea Dykes; Council Archive; Kathy Dodson; Gary Barberio; Celia Brewer; Paul Edmonson
Subject: FW: Short Term Rental Ordinance
Hi ali. Just passing this message on from Bud Carroll as comments on the Short Term Vacation Rental Ordinance.
Ccityof
Carlsbad
Debbie Fountain
Housing and Neighborhood Services Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, Ca. 92008-1949
www.carlsbadca.gov
(760)434-2935 I Debbie.fountain(5)carlsbadca.gov
From: William Carroll [mailto:wcarroll83(5)vahoo.com]
Sent: Thursday, April 30, 2015 12:26 PM
To: Debbie Fountain
Subject: Fw: Short Term Rental Ordinance
Debbie. I actually feel a little sorry for you, for having to put up with all us that continually request your help in
matters related to the Village, etc. I hope the City pays you enough so you can weather the stress
We here at the Beach Home Owners' Association , thru the many E-mails that Dominic Spagnuolo sent
you, need your additional help and this is with the recently passed Ordinance on Short Term Vavtion Rentals. Our
concern has been mainly illustrated by the weekly rentals ofthe John Levy home forthe purpose of holding
weddings. We have weddings nearly every week on the Beach on our Lot No. 2,, which as you know, is the beach
in front of our homes, but which our developer gave an easement for public access to the State of California. Our
belief is that Mr. Levy is actually running a commercial business , as exemplified by his advertisements on the web,
which I believe Dominic alerted both you and the City Council to. I also know that you don't agree with weddings on
Lot 3 in that in any earlier E-mail to Dominic you stated "Lot 3 is under City control, however, and weddings and
other organized events are not allowed on it" We also feel that it is part of our responsibility to control it, but the
difficulty is that the weddings are held on Lot 2, which is under the State of California easement and while the State
requires a permit for such an activity, it claims that they don't have the financing and man-power to actually issue
permits. The wedding parties use Lot 3 for access to the beach and haul chairs and other equipment to the
site. Generally there are about 100 chairs set up for every wedding. I think you know that there is a chained gate
on the roadway on Lot 3 which has a number of locks on it for certain public agencies to gain access, but to
keep other private cars and trucks out. However at last weeks wedding,, at the request of the wedding coordinator.
the gate was opened by the City Trash collector so that they could use a truck to haul equipment to the wedding
site. This should not be allowed, and City personnel should be so informed. I
realize some members of the City Council believe that weddings on the beach are a very attractive thing for
Carlsbad,, but I am not sure that they realize that there weddings practically every weekend,* occupying a big
portion of the public use of the beach, especially during the summer. My estimate is that there is a wedding on at
least 40 weekends of the 52 of the year.
Debbie, our BHOA board believes that the new ordinance doesn't emphasize that if the short term vacation rentals
are in a residential zoning situation that the property should not be used for commercial or business purposes. We
believe that Mr. Levy is actually running a Wedding Chapel
Our reading ofthe city ordinance on Residential zoned property in Section 21.10.040, Home Occupation, paragraph
7 states "Sale of goods and services shall not be conducted." Advertising weddings we believe to be a service.
Again, Debbie, any influence you could use with the City Council, the City Attorney, the Code Enforcement
Officer, etc. would be greatly appreciated.
My best
Bud Carroll
Sherry Freisinger
From: Council Internet Email
Sent: Monday, May 04, 2015 10:08 AM
To: City Cierk
Subject: FW: May 5 Council Agenda - STVR Ordinance
From: Jill [mailto:jillagosti@sbcglobal.net]
Sent: Monday, May 04, 2015 9:56 AM
To: Council Internet Email
Cc: 'Greg Agosti (greg Agosti)'
Subject: May 5 Council Agenda - STVR Ordinance
Dear Mayor and Council Members,
Thank you for the time and effort you've given to this very important ordinance, and your
unanimous vote to limit STVR's to the coastal zone during the April 21^*^ Council Meeting.
Over the last 12 months -i-/-, many people have worked diligently with staff on the
ordinance. More recently, many people have worked diligently to bring you facts, ideas, and
solutions as they pertain to STVR's in our City. There has been ample opportunity for everyone
to present their perspective.
We understand progress has already been made on an enforcement implementation plan, and
we look forward to the ordinance being adopted at tomorrow's May 5* Council Meeting.
Sincerely,
Jill & Greg Agosti
Sherry Freisinger
From: Council Internet Emaii
Sent: Monday, May 04, 2015 10:10 AM
To: City Clerk
Subject: FW: Ordinance CS-272 for Adoption 5/5/15
From: jes hinrichs [mailto:jessiepontiac@gmail.com]
Sent: Friday, May 01, 2015 3:59 PM
To: Council Internet Email
Subject: Ordinance CS-272 for Adoption 5/5/15
Dear Mayor and Council Members,
Thank you very much for the time you gave to this important ordinance.
Those Of us who have been acutely aware of the problems and difficulties with STVR's
have worked diligently over the past several months to bring to you facts and present
information in favor of limiting STVR's in our City. There has been ample opportunity for
everyone to present their perspective, and very few have come forward to argue to
allow them elsewhere. Legalizing and regulating STVR's in the Coastal Zone and not
permitting them in residential zones will benefit the residents of Carlsbad immensely.
All of you expressed at some point that you would not want to have a STVR in your
residential neighborhood, and your unanimous vote to limit them to the Coastal Zone
reflected that sentiment. We are very appreciative of your efforts.
Thank you.
Jes Hinrichs
7127 Babilonia St.
760 438 4849
well b-: happy, DJ: peaceful.
Morgen Fry J
From: Sandi Hayes <shayes5413@aol.com>
Sent: Tuesday, May 05,2015 11:15 AM Ali Receive - Agenda Item # 2_
To: Manager Internet Email For the Information of the:
Subject: Short Term Vacation Rentals CITY COUNCIL
ACM_/^CA_^CC y
Date%yt.<- City Manager
Dear Sir,
My name is Sandra Hayes. My husband and I have lived in Carlsbad for 30 years, 20-i- in our house
on Sierra Morena Ave. I am writing this in the hopes that the City Council will change their stance on
short term vacation rentals and allow them city wide. I find the new regulations being considered by
Council, to be arbitrary and discriminatory,
We have spent the past 6 months preparing our home to use as a family vacation rental in the
summer while we enjoy our retirement and travel. We are hiring a property management company
to oversee the rental of our home, to vet possible renters, and maintain the condition of our
property. I have no problem with procuring a business license, and certainly plan to follow all laws
concerning the IRS, Carlsbad city codes and etc.
Sierra Morena Ave. (located about a block East of El Camino Real off of Tamarack) is largely a rental
community. This indicates a neighborhood accepting of renters, short term included. All of the
properties surrounding our home are rentals. The proposed line of demarcation at El Camino Real to
divide legal short term rentals from those not allowed under the proposed statutes, seems patently
unfair. It appears to be pushing income producing visitors to the more stylish "coastal zone" in
Carlsbad. Is it possible that this ordinance wiil only benefit investors who are trying to drive more
short term rental activity to those properties that they have invested in near the beach?
There certainly are many visitors to Carlsbad who are not into the "beach scene". There are families
looking for rental homes like ours, located in quiet family neighborhoods away from the bars and
glitter of the beach, with fenced backyards for kids and pets. Our neighborhood is close to
LEGOLAND, has two parks for children, and the safety of a neighborhood watch.
Major Points:
1. Not all visitors to our beautiful city are young drinkers and partiers. There are many
families coming to visit Legoland, The Flower Fields, San Luis Rey Mission and other
attractions besides the beach.
2. It feels very unfair for the city to use an arbitrary line to decide who can utilize their
property to supplement their income and who cannot. For us, this means additional income to
supplement our Social Security.
3. Visitors, vacationers and residents are already subject to existing city laws regulating public
disorderly conduct. IF there is a problem the police should respond. If it's a continuing
problem the license of the homeowner should be amended or revoked. Additional layers of
bureaucracy are not going to stop the problem. It will just drive the rental market
underground.
4. Currently many homes in Carlsbad are advertised on the internet as vacation rentals that
are not located in the "coastal zone". How do you resolve this? Many residents, city wide,
have been renting their homes for years.
5. We travel a lot, and when we are not in our motorhome, we rent vacation homes. We
ALWAYS opt for the homes away from the tourist areas, bars and throngs of young people.
We are not alone. As retired baby boomers, we are now the largest segment of the
population, and most of us do not take part in the beach scene other than a picnic and a toe
in the surf. But many of us travel and would like to let their properties for the short term.
Please reconsider your decision, and go with the advice of your staff. They have provided an in
depth study into the short term rental market as it pertains to Carlsbad. Their suggestion that the
City allow short term rentals city wide is fair to all the residents of our city.
I am hoping for a different outcome than the one that has been currently chosen by the council.
Thank you for this opportunity to respond to this very important matter.
Sincerely,
Sandra K. Hayes
760-450-7973
tiohT^
Date:_
Distribution
City Clerk
Asst. City Clerk
Deputy Clerk
Book
Andrea Dylces
From:
Sent:
To:
Subject:
tracy teregis <tteregls@att.net>
Monday, May 04, 2015 5:06 PM
Council Internet Etnail
May 5th City Council Meeting
Dear Mayor and Council Members,
All Receive - Agenda Item # X_
For the Information of the:
CITY COUNCIL
ACM ^ CA CC
Date^^fsCHy Manager
We wanted to express our sincere and heartfelt gratitude to all of you. Thank you for your unanimous support for
supporting option # 4 on April 21st, allowing STVR's in Carlsbad to operate in ONLY in the Coastal Community.
We are passionate about this issue. As you may remember, we currently live next door to TWO STVR's and to date, we
have no way of enforcing this illegal operation. We are pleased that we will soon not have to deal with the comings and
goings of transients in our residential neighborhood. Thank you for allowing our voices and concerns to be heard and
empathizing with the prospective threat ofthis being legalized and having to deal with the daily noise pollution and
security issues next door to yourselves.
We are looking fonward to hearing tomorrow evening how this will be enforced as we are anxiously awaiting to comply
with the regulations against STVR's in non-coastal zones.
With respect.
Dr. and Mrs. Teregis
2720 Argonauta St.
Carlsbad, CA 92009
Date:.. S/fy/rSl
Distribution:
I City Clerk -
Asst. City Clerk
Deputy Clerk
Book -
Kira L inberg^
From:
Sent:
To:
Subject:
Jacque Phillips <jacquie.s.phillips@gmail.com>
Monday, May 04, 2015 12:23 PM
Help
Vote
Carlsbad City Council,
I agree with your vote to not allow Air B & Bs west of the 1-5. Thanks! 11
All Receive - Agenda Item # ^
For the Information of the:
CITY COUNCIL
ACM CA CO »/
Date^s/t^ Citv Manager ^
R/ Jacqueline Philips
4095 Sunnyhill Dr
Carlsbad, CA 92008
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