HomeMy WebLinkAbout2015-05-05; City Council; CS-272; Amend Carlsbad Municipal Code to Add Short-Term Vacation Rentals Establishing RegulationsExhibit 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. CS-272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, TO AMEND THE CARLSBAD MUNICIPAL CODE BY
ADDING CHAPTER 5.60 SHORT-TERM VACATION RENTALS,
ESTABUSHING 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
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
ofthe 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.
//
//
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 ofthe City Council.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 ofthe
occupants and/or guests of the short-term vacation rental in a timely and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 ofthe 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 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 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 ofthe 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 ofthis
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify to the adoption ofthis ordinance and cause the full text ofthe
ordinance or a summary of the ordinance prepared by the City Attorney to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 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 5'^ day of May 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
(SEAL)
ENGLKiDN, City Clerk
Dated: April 30, 2015
(Seal)
DONNA HERATY, Deputy Ci lerk
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-272
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS- 272 is to be considered at the
City Council Meeting to be held on the 5th day of May, 2015.
2.) That a certified copy of the full text of Ordinance No. CS-272 was posted in
the City Clerk's Office on the 30th day of April, 2015.
3.) That a summary of the Ordinance was published in the Union
Tribune, on the 30th day of April, 2015.
SHELLEY COLLINS, Assistant C lerk
Certification of Posting and Publication of Ordinance No. CS-272
Page 2
4.) That Ordinance No. CS-272 was adopted on the 5th day of May, 2015
5.) That a certified copy of the full text of Ordinance No. CS-272 showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 8th day of May, 2015.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was published in the
Union Tribune, on the 13th day of May, 2015.
Dated: May 8, 2014
(Seal)