HomeMy WebLinkAbout2020-09-15; City Council; CS-383; AN ORDINANCE ADOPTING AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE CHAPTER 5.60 (SHORT-TERM VACATION RENTALS) TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELL...Sept. 15, 2020 Item #7 Page 3 of 24
ORDINANCE NO. CS-383
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO THE CARLSBAD MUNICIPAL
CODE CHAPTER 5.60 (SHORT-TERM VACATION RENTALS) TO ENSURE
CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS.
CASE NAME: ACCE~SORY DWELLING UNIT AMENDMENTS 2020
CASE NO: MCA 2020-0001
WHEREAS, Sections 65852.2 and 65852.22 of the California Government Code requires cities
and counties to permit construction of accessory dwelling units and junior accessory dwelling units,
and allows cities and counties to adopt ordinances that govern the permitting of accessory dwelling
units and junior accessory dwelling units consistent with state law; and
WHEREAS, California Governor Gavin Newsom signed Senate Bill 13 and Assembly Bills 68, 587,
670, 671 and 881 into law, which amended state law to further encourage and incentivize the
construction of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the above legislative bills took effect January 1, 2020, and existing provisions of the
City of Carlsbad Municipal Code are inconsistent with the new law provisions; and
WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2020-0001, to
amend Section 5.60.020 of the Carlsbad Municipal Code as necessary to comply with amended state
law as described above; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA 2020-0001; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to MCA 2020-0001; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1. The above recitations are true and correct.
2. The definition of "short-term vacation rental" in Carlsbad Municipal Code Section
5.60.20 is amended to read as follows:
Sept. 15, 2020 Item #7 Page 4 of 24
"Short-term vacation rental" is defined as the rental of any legally permitted dwelling unit as that
term is defined in Chapter 21.04, Section 21.04.120 of this code, or any portion of any legally
permitted dwelling unit for occupancy for dwelling, lodging or sleeping purposes for a period of less
than 30 consecutive calendar days. Time-shares as defined in Chapter 21.04 and 21.04.357 are not
considered short-term vacation rentals. Accessory dwelling units and junior accessory dwelling units
as defined in Chapter 21.04, Sections 21.04.121 and 21.04.122, for which a building permit was issued
on or after January 1, 2020, are not considered short-term vacation rentals. A trailer coach as defined
in Chapter 5.24, Section 5.24.005 of this code, which is parked on the property of a legally permitted
dwelling unit, is not considered a short-term vacation rental, and it may not be rented out for
occupancy pursuant to Chapter 5.24, Section 5.24.145 of this code. Short-term vacation rental
includes any cont ract or agreement that initially defined the rental term to be greater than 30
consecutive days and which was subsequently amended, either orally or in w riting 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.
EFFECTIVE DATE OF THIS: This ordinance_ s_hall be_ effective thirty days after its adoption; a·nd
the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AN_D FIRST READ at a Regular Meeting of the Carlsbad City Council on the 1st day
of September, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of September, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
(SEAL)