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2019-02-26; Report on Short Term Vacation Rentals; Fountain, Debbie
To the members of the: CITY COUNCIL ACM _f_CA ~CC .. Date ?-fa.1 I 19 CM jL_ COO L_ February 26, 2019 ··· Council Memorandum To: Honorable Mayor Hall and Members of the City Council {city of Carlsbad From: Via: Debbie Fountain, Community & Econo1 c Development Director Elaine Lukey, Chief Operations Officer r Re: Report on Short Term Vacation Rentals The purpose of this memorandum is to provide an overview and update on the city's current policies associated with short term vacation rentals. Background On June 10, 2014, the City Council directed staff to develop recommendations to expressly allow short term vacation rentals (STVRs) and establish STVR operating permit policies and procedures. At that time, STVRs were not explicitly addressed in the city's Municipal Code, and there were inconsistencies for many years on interpretations as to whether or not STVRs were permitted in the city. The staff report for the June 10th City Council meeting is attached for information purposes as Attachment A. On March 17, 2015, the City Council received a report from staff regarding the development of a policy to expressly allow short term vacation rentals and establish STVR operating permit policies and procedures, hear public comments, and provide direction. A draft ordinance was presented at the time for review following outreach by staff to residents, vacation rental management companies and other interested parties. The staff report for the March 17th City Council meeting is attached for information purposes as Attachment B. On May 5, 2015, the City Council adopted Ordinance No. CS-272 that added Chapter 5.60 Short- Term Vacation Rentals to the Carlsbad Municipal Code and established regulations governing short-term vacation rentals in the Coastal Zone. The Ordinance presented to the City Council on May 5, 2015 is attached for information purposes as Attachment C. The ordinance became effective on June 5, 2015 and staff began implementing it and enforcement efforts to ensure compliance. On July 24, 2018, the City Council received an update from staff on STVR code enforcement activities, and presented amendments to the Carlsbad Municipal Code Chapter 5.60 to clarify operational regulations, definitions and to add requirements as determined necessary based on the previous year of enforcement efforts. Attachment D provides a copy of the staff report updating the City Council on STVR enforcement efforts, and consideration of amendments to the municipal code to clarify operational regulations, definitions and add requirements as determined to be necessary based on the prior year enforcement efforts. Community & Economic Development Faraday Center 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2710 Memo ID #2019015 Honorable Mayor Hall and Members of the City Council February 26, 2019 Page 2 Discussion Prior to adoption of the ordinance setting forth Chapter 5.60 of the Carlsbad Municipal Code regulating STVRs, there were conflicting interpretations as to whether or not STVRs were permitted in the city; these conflicting interpretations of the Carlsbad Municipal Code continued for many years. Because the market was changing and more STVRs were being operated in the city and residents were starting to register more arguments for and against allowing them within the city, staff requested City Council direction on whether or not STVRs should be allowed and if so should there be operating standards set forth to reduce potentially negative impacts on residential neighborhoods. The topic of STVRS has been discussed by the City Council at four separate meetings in the past few years, beginning on June 10, 2014 with a workshop on the topic which allowed all interested persons to share their thoughts and opinions on the matter and provided City Council with the opportunity to provide direction to city staff. On March 17, 2015, the City Council received a report from staff regarding the development of a policy to allow for STVRs and establish operating permit policies and procedures, hear public comments and provide direction. A draft ordinance was presented at this meeting to allow for City Council discussion and public input. The City Council heard the report and decided to proceed with adoption of an ordinance to allow for STVRs within the Coastal Zone only. The City Council had received significant feedback from residents of the city that the residential character of their neighborhoods was harmed by STVRs and that they should not be allowed in primarily residential neighborhoods. The City Council wanted to protect the residential character of the neighborhoods and considered not allowing STVRs anywhere within the city, but due to concerns about protracted legal challenges by the California Coastal Commission a decision was ultimately made by the Council to allow STVRs in the Coastal Zone only, which includes some residential areas. City Council received a presentation from staff on July 24, 2018 to provide an update on the STVR market and the enforcement efforts to date. At this meeting, data was provided on the STVR market and how many of the STVRs city staff was able to identify and bring into compliance with permit requirements and other operational requirements. Staff also proposed some amendments to the municipal code that clarified operational requirements and definitions, and to reduce the impacts of STVRs on the Carlsbad residential community. As noted above, STVRs are currently allowed in the Coastal Zone, and within a small La Costa residential neighborhood located within the boundaries of the La Costa Spa and Resort, including specifically the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar. This was intentional by the City Council to protect primarily residential neighborhoods from the impacts of a transient population that is residing within the community for less than 30 days. Next Steps With the assistance of a data-mining contractor, staff will be continuing to enforce the current regulations for STVRs. Enforcement efforts include the discontinuance of STVRs that are not permitted under the current regulations. Efforts will also continue to collect the transient Honorable Mayor Hall and Members of the City Council February 26, 2019 Page 3 occupancy tax required for STVRs, and to work with Airbnb and other on line STVR platforms to assist in these efforts. Attachments Attachment A, staff report dated June 10, 2014 Attachment B, staff report dated March 17, 2015 Attachment C, staff report and ordinance dated May 5, 2015 Attachment D, staff report dated July 24, 2018 Cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Assistant City Manager /.rrrAC'HH £1\Tf A EXHIBIT Z. CITY OF CARLSBAD -AGENDA BILL AB# MTG. DEPT. City Manager RECOMMENDED ACTION: DISCUSSION AND DIRECTION REGARDING SHORT TERM VACATION RENTALS IN THE CITY OF CARLSBAD DEPT. DIRECf'OR CITY ATTY. CITY MGR. 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: 1 Currently, short term vacation rentals are not explicitly addressed in the city's Municipal Code. The term "short term vacation renta l" 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 co ll ection 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 dwell ings 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 Ci1 Manager dated 5/29/14: Short Term Vacation Rentals Policy Recommendation 2. Resolution No~Ol4-1~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 SPECIFIC □ DENIED llJ CONTINUED TO DATE UNKNOWN □ CONTINUED D RETURNED TO STAFF □ WITHDRAWN □ OTHER-SEE MINUTES □ AMENDED □ REPORT RECEIVED □ q / Exhibit 1 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 Polley Development {'cicyof Carlsbad This memorandum provides detail regarding the short term vacation rental (STVij) 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 city'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 dete.rmined 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 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t /0 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 staff's 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 contacted Solana Beach and learned that they have had no complaints for at least a year. I I 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 Carlsbad 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 Carlsbad 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? A. Clarify that STVRs · are not allowed anywhere B. Allow STVRs only in certain residential zones C. Expressly allow STVRs throughout the city and require operating permits and standards of operation CONCLUSION No No Yes 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. 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. 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. 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. ✓ 13 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 Exhibit 2 RESOLUTION NO. 2014-119 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 ESTABLISH SHORT TERM VACATION RENTAL OPERATING PERMIT POLICIES AND PROCEDURES. WHEREAS, short term vacation rentals (STVR's) are not explicitly addressed in the city's Municipal Code, and the Zoning Ordinance (C.M.C. Title 21) does not currently list "short t_erm vacation rental" as a permitted use in any zone; and WHEREAS, the Zoning Ordinance is structured such that it only permits those uses that are specifically listed in each zone, as well as uses determined by the City Planner to be substantially similar to specifically permitted uses; and WHEREAS, over 400 STVR's are currently known to exist throughout the city. WHEREAS, city records indicate that at least 15 businesses maintain business licenses for STVRs and contribute transient occupancy taxes (in excess of $233,000 in FY 2012-13) and Carlsbad Tourism & Business Improvement District (CTBID) assessments to the city; and WHEREAS, the city has received formal complaints relating to the operation of STVRs in Carlsbad requiring code enforcement action; and WHEREAS, staff has completed preliminary research and determined that the inconsistencies in the city's land use, business license, TOT/CTBID, and code enforcement policies related to STVRs have created an untenable situation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 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 II II II II II II II II II II II II II II II II 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. IS 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of June 2014, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: None. ATTEST: /~ Short Term Vacation Rentals March 17, 2015 r~--,. . . · (_ City of ... ' ),t, Carlsbad ·· -. -•-.:~ '~ E !,,.... !,,.... ~ (lJ (lJ b.O C ~ ro !,,.... C C +-' (lJ ro ro l/) b.O -~ > ro 0.. ro C (lJ 4-..) > C ro +-' +-' <( ~ ro u u > +-' u +-' (lJ C 0 0 ~ C C (lJ l/) !,,.... E ca l/) -~ ro 0 I-<( +-' l/) +-' (lJ u a +-' b.O > l/) <( ~ l/) ro ... <( > C +-,J "'C +-' "'C ~ ro QJ ... u ~ 0 La C ·-!...... ... !...... ... ro !...... QJ ...c C QJ $ QJ !...... QJ ..c ·-QJ ~ "'C !...... QJ ·-(!) ro !...... 0 ro ca ca -!...... QJ > ro > ro > !...... ..c !...... ·-QJ !...... -QJ ro QJ ...c ro +-,J (!) u U') u ca • • • • • Short Term Vacation Rentals • June 10, 2014 City Council Presentation • Current Environment in Carlsbad • Public involvement • Policy Recommendations -Clear -Consistent -Enforceable • Discuss and provide direction . '_'._,., . .::...J==--' ----. ------ ('City of Carlsbad 3 ·:·•. ~-~ ,·• ,. . ,. . 'l:;f'· -1-' ·-i~ C ::J rn . -~ r:J'J ·u '-1-y~ 0 u C C'-.. 0 ·-t,) -1-' §: !..... 0 a. ~ !..... 0 VJ Vl Vl -1-' Vl ~ ·-QJ C ~ ::J !..... c:s b.O 0 4-...) C Vl ·-> c:s -rn ~ QJ -0 $ 0 -0 CV) -rn !..... ·-~ -1-' C -0 QJ -0 QJ ·--1-' Vl C QJ QJ ~ ~ • • 4-...) ~~ t::: octj .e..o ~ -1-' U en E: C y~ ""C QJ t::: QJ E u +-' V) ·-e ..c V) V) QJ ·-..c OJ V) -~ V) ~ • 0 u re u ·-~ +-' -1-' t::: • Cl. u C 0 ~ QJ - ~ 11 rn E co ~ I- • ~ u ""C Cl. 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V) 0 C Cl. ::J ·- V') -1-' Vl QJ b.O ..c 0 0 ~ C > u 0 b.O ~ $ u > o ... ~ Cl. ·-·- C +-' - X QJ 0 -1-' M w ·-u ·-M ..c QJ ·-C c.. u M - +-' +-' '+-0 0 -1-' -<.I). 0 C ::J 0 0 z z co • z z I u I I • • • Current STVR Environment • STVRs are known to exist in Carlsbad -About 400 STVRs {less than 1% of all units: about 45,000) -Some managed by real estate firms -Relatively few complaints • Coastal Commission restricts city options {'city of Carlsbad 6 Current STVR Environment • Websites that enable property owners, tenants, and occupants to rent their living space to travelers (Airbnb, VRBO) • Connect renters to multiple properties • The sharing economy is growing exponentially . •' -··-,.c:,. ---•• •••-••F• ('city of Carlsbad 1 Current STVR Environment • City needs to resolve these conflicts • Establish legal, consistent, and enforceable policy • It is a matter of good public policy ('City of Carlsbad s Prior Council Direction Expressly allow STVRs (June 10, 2014) -Clear, consistent, enforceable -Permitting requirements -Operating requirements -Procedures and enforcement {'city of Carlsbad 9 Public Involvement • Public comments at June 2014 meeting • Draft ordinance posted on website • Received public comments • Met with residents, vacation rental managers • Receive public comment and City Council direction today ~-4 {'city of Carlsbad 10 'l""'f 'l""'f b""g V) .E'.-@ QJ -y~ ~ :J ~ a C u -~ $ ~ c:s 0 ~ '"'C QJ ro > ~ ..c re ~ V) ...c E ~ ro V) QJ u C E '"'C 0 ·-......, ·- $ :J ......, a 0 re > ·-tJ ......, ...c u ~ ·-b.O 0 u :J V) cc: QJ 0 V) u ~ re G C ...c V) re ......, QJ ~ QJ -~ C ......, C C .......... ·-V) 0 a '"'C ·-$ ~ X N ~ 0 QJ -0 V) ro QJ > a:: ......, -V) E c.. > re c.. 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V1 rr ::J u <( l9 0 ::J QJ L. ca C!:: • • • • QJ I I I a.. • Policy Recommendations • Permit requirements (continued) -Lease terms specified accurately -False information = permit revocation -Prior history may= denial of renewal or revocation -Collect and remit TOT and CTBID fee {'city of Carlsbad 13 Policy Recommendations • Operating Requirements -Comply with use laws/residential only -Renter must receive Good Neighbor Guidelines -Permit posted in plain view -24/7 phone number/45 minute response -Owner/agent must take action . {'cityof Carlsbad 14 ,_, Policy Recommendations • Operating Requirements (continued) -No trash problems -On-site parking in designated areas only -No amplified sound outside property (10p-10a) -Maintain 3 years of records ('City of Carlsbad 1s Policy Recommendations • Procedures & Enforcement -STVR permit processed with business license -Ramp up period for public communications -GIS mapping for tracking and enforcement -Collect TOT and CTBID fee -Impose penalties and enforce ('city of Carlsbad 16 Staff Recommendations • Receive presentation and public comment • Provide further direction or revisions • Schedule new ordinance for City Council consideration in April/May • Policy in place for summer 2015 • Return to City Council in one year with update ➔ -.:~ -~-_,,g;e.: -------· {'city of Carlsbad 11 ~__.,,,,- 1Miles I 0 cument Path: J:\Re!luests201 0Plus\Library\5379132 _14\CoastalZoneBndy_slide.mxd ,./~ {'city of Carlsbad "" t1' ,, M_orgen Fry_ Subject: Importance: FW: STVR draft ordinance High From: jes hinrichs [mailto:jessiepontiac@gmail.com] Sent: Monday, March 16, 2015 12:57 PM To: Council Internet Email; Steven Didier Subject: SlVR draft ordinance Jes Hinrichs 7127 Babilonia St. 92009 All Receive -Agenda Item i I For the Information of the:- CITY COUNCIL ACM ✓cA voe ✓ Date~Clty Managar _v: Thank you for your tiard work to create an ordinance that will regulate STVR's in the City of Carlsbad. I do not believe that STVR's belong in residential neighborhoods. Would you like to live next door or across the street from a home that rents to new strangers every 5 to 7 days? How would that affect your sense of safety and security? Do you know and.trust your neighbors? Doesn't that give you peace of · mind? What if ditfe·rent strangers lived next door every week or so? Would you feel comfortable with that situation in your neighborhood? I'd like to comment on several points in the new draft ordinance that is before the Council today. Chapter 5.60.010 The purpose of the regulations is to safeguard the "peace, safety and general welfare" of the residents. However, the regulations do not address the issues of loss of privacy that homeowners must endure when strangers peer into their property (which is not against the law), and the reatity that property values Will.be diminished when a seller must, by law, disclose a nuisance to a potential buyer if a STVR near his property becomes a nuisance. Will the City be liable for any negative impact on property values? There is the loss of a sense of security that one has when living in an established residential neighborhood without strangers ·coming and going to consider as well. Because the regulations are reactive to problems that arise, the homeowner living near a STVR in a s•ingle family residential neighborhood has to suffer the consequences of bad brokers/agerits/owners/tenants and wait for the issue to be resolved. This could take days or weeks or mo"nths depending on the respons·e time of the responsible or irresponsible parties. If there were no STVR's in residential neighborhoods, that would eliminate this potential annoyance and inconvenience to the homeowners that live there. · Chapter 5.60.040. Permits. How is the City planning to notify au current STVR owners/agents/brokers to inform them of the new permit process, business licensing requirements, rules regarding TOT and other regulations and how will the City enforce th·e compliance? Nothing is mentioned in this draft ordinance regarding a plan to implement this process. Chapter 5/60.070 Penalties. What will the. penalties be? How will they be collected? That is not addressed in this draft. They must be substantial, not just a slap on t_he wrist. Although this new draft ordinance does not mention the California Coastal Commission, it is important to know that The CCC does not have to approve a Local Coastal Program amendment for STVR's that are NOT in the Coastal Zone.. Matiy residential neighborhoods are not in the coastal zone; therefore, prohibiting STVR's in these neighborhoods would not be a issue involving the CCC. A Local Coastal Program amendment would NOT be required tb prohibit STVR's in neighborhoods that are not within the coastal zone. I am not suggesting the STVR's be prohibited throughout the City but it should be noted that the Cities of Coronaqo, Hermosa Beach and Huntington Beach do not allow SiVRs in their coastal cities. Newer residential neighborhoods may have HOA'sJhat protect those communities_ from STVR's by prohibiting them, but the older, more established residential neighborhoods do not. The new City ordinance must also protect residential neighborhoods from the invasion of STVR's to preserve the Integrity and safety of our residential neighborhoods. I strongly oppose STVRs in residential neighborhoods in the City of Carlsbad. ·well 1 'i 0rp n, , .1(..1. -j J. •· ., ·· peaceful. 1 Date: .:fib/25 Dlstrlb on: 1 . City Clerk . A:__. ritb'.c· .' j-a,. ~,. ~?~. •~ Oeputy -'Cllrk Book ··.• Mayor Hafl and Carlsbad City Council Carlsbad City Manager Steve Sarkozy 1200 Carlsbad Village Drive Carlsbad, CA 92008 March 16, 2015 I am privileged to have had excellent, inspiring community experiences provided by your leadership and Carlsbad City Staff. To name a few in the recent.year: Citizens Academy; volunteer with Cultural Arts Office for Three"'Part Art: volunteer at Leo Carrillo Ranch; Tamarack Bluff restoration with the Parks Department; Business Academy and the upcoming Neighborhood l.:mpowerment Conference; Dover-Kohl Village Master Plan design sessions and the CALTrans workshops on the freeway expansion . All these experiences and many others are organized to develop. and maintain a quality of life for Carlsbad residents, workers and visitors as stated in the Community Vision .. As you are evaluating the concept of Short Term Vacation Rentals, please ensure that this will not be allowed in R-1 neighborhoods. Reasons for this include negative impact in our residential neighborhoods of increased traffic; consumption of resources (water); promotion of transient population that is not vested in our neighborhoods; safety; peace and quiet that we all prefer when at home. Although I trust that there will be assessed Charges to care for trash and street maintenance. I feel that there is an intrinsic conflict with our efforts to empower responsible neighbors to help each other build stronger community with promoting short term holiday-makers. I remain disturbed by the Fischbach property, 127 4/ 127 6 Pine Avenue, which was built with the intended use as multiple-units with a vacation"'rental profile. Unfortunately this developer lacks concern for the neighborhood and has not taken responsibility to grade and landscape to be compliant and compatible with the zone. Let's keep Short Term Vacation Rentals in areas zoned for tourists and keep our neighborhoods connected with civic engagement. We choose to live in single- family zoning and not attract more impact with traffic, noise, water use, safety hazards and transient population. Respectfully, Janann and Peter Taylor 1351 Pine Avenue CITY OF CARLSBAD -AGENDA BILL 1 AB# MTG. DEPT. 21,893 3-17-15 City Manager RECOMMENDED ACTION: DISCUSSION AND DIRECTION REGARDING SHORT TERM VACATION RENTALS IN THE CITY OF CARLSBAD DEPT. DIRECTOR CITY ATTY. CITY MGR. 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: \ On June 10, 2014, City Council adopted Resolution No. 2014-li9 directing staff to develop recommendations to expressly allow short term vacation rentals and establish short term vacation renta.1 ·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 & Busine?s 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 own~rs, 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@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED □ CONTINUED TO DATE SPECIFIC □ DENIED □ CONTINUEDTODATE UNKNOWN □ CONTINUED □ RETURNED TO STAFF □ WITHDRAWN □ OTHER -SEE MINUTES □, AMENDED □ REPORT RECEIVED J( 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 ,, 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 Sections: Chapter 5.60 SHORT-TERM VACATION RENTALS 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 r,~£)Jal permit . . , .. 1r,..;.:~ .... .,y 5.60.060 Operational requirements. ,,Afi,t?.,. 5.60.070 Penalties and enforcement. ;0;:fil#K . .~i:~;~¥:.?..Xtt$~❖.,_ 5.60.080 Interpretation. ,;;;~:;;~::f' ·,;::;:"f.:::; •• 5. 60. 090 Constitutionality. . .... :;_"::·:_::··:·· .• _·.=:_.·:.::::··._,.··:·:.·::_..;:·.;_.-~.~1r~'%" w,$\]i;> EXHIBIT l . ··: . . '•'.(:~\fti❖• ·f;Jil;;~,. .,;;:ffeh· -❖-~w,, 5.60.010 Purpose. ··'tftJ~-4~fr' .r,;.;,2«;.•,,,,:✓,1,_,1,l:;.' .... , . "~:JJJiP' :he purpose of this chapt~%1%-~:;'l~stablish·~1t:{~lations for s~ort-term vac~ti~n rentals in order to safeguard the peatey;§.afEfit~J.J.~ genera\~~Jfare of neighborhoods within 11,1½~ ./',,,t//,"'•'•-~ .. ,:.r-.... :r .... the city of Carlsbad by minimizing 'ijggative~:r{~t9o_dary ,.~ts related to short-term vacation rentals inclu<;!J!:l.8:::=-~-~xcessivg{{):,ois_f;'jfJ!@ff;~d/%{onduct, illegal parking, .❖.•:--.,;~;-.~~;:.-:~}~· ~•~'j-A, ,i~~--.❖~,... ~.,-❖Z❖!J!❖.•~· overcrowding, and eM~W~{~~umulatf®::@Jjt:-··refuse;··.:~.ffcl to ensure that the city is ,¼'-❖::;,,y ,,:;•;;:,;: .. , ·~r.,~~.,.h;;~~r collecting transientJ~~~ti'pancy tcif\~ursuant=:f§:,Chapter 3.12 of this code, and the Carlsbad Tourism and Busiffijf(lmprovernl ij\ District·l~~ssment pursuant to Chapter 3.37 of this code. ,-'iAA'/!A,,,::-'ifflt~i!!i!Nf(yiffkW::'f!i 5. 60. 0?.Q~Q~fifi1tf1)'Q~h. ·,,;,$1::;;, .,:~~~::~-?" -·~;7,.y;-~-. «~.-;❖Z,,. ,::&rt~},. {>4~~=~~~r -~~?fJ~. ~ ;,::(l~roker" means;ltli enti~9Ji;;person, including but not limited to, on-line websites, on-line;;;:-tf;~~I agencies, a;iji,:,on-lintf;booking agents, that offers, lists, advertises, accepts reservatidr\$i~od/or collecli t,hole or partial payment for a short-term vacation rental unit. ·•:;:1rft1h. .-::!llffe "Owner'r.¾;\~-!hi,~:itperson(s} or entity(ies} that hold(s} legal and/or equitable title to the subject shorfE,f ~yn 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 3 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 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 permft,and all renewal permit ( ) -❖~);?-;-'. . process es . ,f;,;:~z::< ... :t:!*!:· B. Notwithstanding · subsection A, the owne~:dfi11 ''i%'t:>~e relieved from any personal responsibility and personal 11~9:j_Hfy for not~Rr1Pliance with any applicable law, rule or regulation pert~!ijJrfg to the use lq~k gccupancy of the subject short-term vacation re.r::i.t~ff ~nit, regardless 'd(f whether such noncompliance was committed{(f(the owne.(~ authorizedl:j g~nt or the ·-~1v❖;'.❖• /,1:/,;.;,~-~•·:•? occupants of the owner's short-terrff:.if.a<::atior.ri.ental unit or their guests. '·',::;ftJitWW'' . 5.60.040 Permit required. 'l;:kf$' .. .,, "'t('~' A. The owner or owner's aut,l;lp rizecFlg®t is re"q'ijj~~d to obtain a short-term vacation rental.:f.?.ermit and-~fjbusinef!ft1ifls~;,,tr~'Nf .. the city before renting or .. •✓i;;~.>?:::;~?6 ½f.'i, , .. ;:;t/?J.'}:.'· -,!'.-:%~ .. ;·:~?<-:-~- advert is i nmt~:if~vaiJ~~.i I ity of ~~ftf"term vac:ation rental unit . . ,:0@?''. '1f~k \~Ji · B. A sho°f.ti~erm vacatioi frental permlt, shall be valid for one calendar year from ,-❖»-=-❖,,! .~:.,:,~,~❖' -..;,:~:-,•> the date'i$f:jssuancf*an4ll'lU:St be re'newed annually thereafter. .. f:%;:i::'7{:::::-.... ~\J==<fls~f ;. · •E.,:,~i:,t{tltf> · C. 6Jf@i v~1¼$:t-9.l.<er ··Jttjk ensure that -;~ch short-term vacation rental is registered dd?n• .,,,,.,., •W« ,4Jiiff' with thi?if&>prio'f:(~;Jisting or advertising said property for rent. <1tt~:;.. ·,(,~1%t ··::?;~lt;. o. ''":.ff~<The requirem"~ff:t for a short-term vacation rental permit shall be based on the -.... 7.,:.;;;,-...... ~❖Z❖ ·::(~# .. ual duratio,i;f,j;,f the rental period and not the stated time period of the ~l~ijcyation, .r;.('rj;tful, or lease agreement . . ·-·-::;;;;JMi(;)? :/ 5.60.050 Obtaining"'ap;'cfrenewing 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; 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 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; --~~~;tg.~:-;, 6. Such other information as the city manager or,,:(;(ij$ignee deems reasonably necessary to administer this chapter. _.;;::~)f[i~/' ;Jj}W . :.:;%.~it. B. Any fee for a short-term vacation rer.rtal''l iermit ·stfatL be established by • . . ,c:~~~;~~/-••~f1~i!~ ... resolution of the City Council. ,,:{::!*:i:;:c' ·-::~:;;;:;;,~ ,.4Jf/V "??W(h .. C. Any false statements or false inforf~t1on provid~l:-1.n the applicaf{~~tfor a short- term vacation rental permit are itl~nds f9'.~ii~'nial of a perrriit(s), permit revocation and/or imposition of penaiH{li'.aff&foned in this chapter. ~j~[(li~t~~:-.-, ·•:?ff~~-,. D. A short-term vacation ren~iJ);&#Jll:ijJ;lPlicati'oij:)m.ay be denied if the owner has • •~;.-••••·• • •·,."r"',.'li-•·•·,/-~ . ','/J"_.~ ...... had a prior short-term vacc{tj9.n rent@[a~,r.1_11it r~~J:s.ed within the past twelve calendar month:s-::fpx the samf{q.r othi[Jh tiij~gxm•,:,~:acation rental units . .. ~4ffiltl:t~~]\. ::fWtff?if·· ·«wt,r . E. Short-te,1:@,acation r~:nJal perri(lt,t;h.olders must comply with the provisions of Ca rlsb~[ij{unicipal c;d:® Chapteli[t 2 regarding the collection and remittance 'I'/., .r~•·,t. /.~"✓?/') ✓,-'", ,;. of tran_si ent~:,!c~u-~:~?®/jt~¥g:i~B~}~~l;~ollection and remitta~c~ of Chapter 3.37 . .r.~t.Qmg Ca:f:J$baa0=Tounsm~at1if~Bt1smess Improvement District assessments. >.:d(J{Mffl.lfio:11;:om'tfi:t jth these pr~-~'i~ions may result in revocation of a short-term .. ;-~:::;::::;:;ft' ~~~;~!(,!¼·. -~~::~:::~;-.. /:(:!ft· vacation 'f~:r:i,PI permit:.. A broker that collects any revenue from arranging or •::\ffo::. listing a sh;'~t~rm '/~li~t unit shall have primary responsibility for collecting, '•·,9.:!",:;.,"".!. '/·:,-•.~; •.~.•-'.·' ·:::$.f~,p,pying and tra~:~mitting··a 11 revenues due to the City pursuant to this section. ·<::i:lJit.. ]if 1 5.60.060 Ope·r~t!.9.!lal reJiJ9lt:ements. ·.;::\;;:::_::::tFt:~·· A. The owr1~(:?and/or owner's authorized agent shall use reasonably prudent B. •,.• business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. While a short-term vacation rental unit is rented, the owner or owner's authorized agent shall be available twenty-four hours per day, seven days per week for the purpose of responding within forty-five minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. The owner or owner's authorized agent shall post the short-term vacation rental permit on the exterior of the unit within plain view for the general public with the 24 hour, seven day contact phone number for complaints. The permit shall be displayed at all times the unit is used as a short term vacation rental. D. The owner or the owner's authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or r~mi,lation pertaining to the use and occupancy of the short-term vacation re9.:~t{fnit, respond in a timely and appropriate manner to immediately halt ,i lifi ent a recurrence of such conduct. Failure of the owner or the own~,~[{~~utli~ji~d agent to respond to such calls or complaints regarding the c9rgiff6n, opera;ij~p, or conduct of the ,,:?,.-.½..-.•. f❖"/❖;,-; occupants and/or guests of the sho.rtit~fm vacation ren$), in a timely and appropriate manner shall subject .tfi.f6~ner to all admi rif~.~tive, legal and ·,~::::7 "❖:/.'/.·, equitable remedies available to t~g)..Y-;,;~A.. ··\?fit •=::rt~~=,,~·. ,,;.::;&::=:>·· ~.~'.~~· E. The owner and/or the o~!"er's author'il~#JiJl'iit shall use reasonably prudent business practices to en ~J!Os!,t the occup('i}t~ and/or guests of the short-term .,.._.,_.,,xf:-:;;:,• ,...,. __ .,.,. vacation rental unit do nO:fj,rea\ftM ... fJI~asonao:i;t;]f;!.Oise or disturbances, engage in disorderly conduct, or vio\1t~ arifa,~@~}~~~3.le la~[f::yle or regulation pertaining to the use an~~8::f:fW!?.~ncy oflftsu,~Jf1f:'.sfiij~t1Ni1f vacation rental unit. .. :(JJtf::,=,=,=~\f11~k. ·\tffff ·•-:,;:~:::-· F. No am8.!f:ff{tror repr~:g~ced SOUJ.!9,, shall be used outside or audible from the H,",-,.t· • ~• t f ~z,;, propertfjl~pe of any J.9.g'rt-term vci.AA!ion rental unit between the hours of ten P m an d·-:-t·.-;gi4.,a m /-«;~~«-;:y,;~%• -~~:::~. · • -.... ~;,;: · · ,.;,;-:-;-:,0:~•x•;~--·-~?i.J?,, ,;,;w; ,:::::f@J~x~½,.. -,,%il{i$~fr,l,·· ... .;;:-1:.:~;,tfff}J?"':;:,· G .. ;J?.;;JRi~·Waer an'tflO:t;:.. owner's authorized agent shall use reasonably prudent -~❖-,. ..... ❖;I/ •❖·%,;:=?.. -~❖f,.t/, iff?:' business-,P~i~tices'tjJ~nsure that the short-term vacation rental unit is used for "·<:(\,. residential purposes only.,:. ~-:;;;I~~t::~:-. ·~rf~~(, ·•::::;~· H. ··:,iijfapJ to occup)jh of a short-term vacation rental unit, the owner or the '❖:❖-·:❖• ~-:»~,., ownJr;!:$ auth,<;>ft~d agent shall: 1:~~,~~wlfie contact information of the renter. 2. Pf"~yltle a copy of the 11Good 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 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 I. J. K. L. 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 corr:u~t¥. with the provisions of Carlsbad Municipal Code section 10.40.180. .,::::f}?·' .-:~:~::;j.··· The city manager, or designee, shall have !!}{&lff@~tY to impose additional ~ .. ",,.;,~"r"~"• • . ·">-.-",...,.•;•., conditions on the use of any given short-tJtf:!Jl"tracation "f(i£t~I unit to ensure that any potenti~I secondary effects u~i~~ttiftf~ subject shoM-vacation rental unit are avoided or adequately m1t1g,ijrffl. ,,;rli:s:• (/Ef' . .£1:; "'.'\li~:o The owner or owner's authorized'·;;·lg~Jlt s~ift~post the current" short-term vacation rental permit number on ot"r{ft@ffe'dvertisement appearing in any ,;.. ·••·••;',• written publication or ortf'i\tw.ebsite that'p~;motes the availability or existence .-:",/'❖···.,-... /'" .. ~ .. ,,Q-* '"•?·r,l,'1·~ of a short-term vacation i'(u{i f~ijjf*•;,,y .,"~%~~ .. • _;'~ho ''~ '::~,Waw,'~~ 5.60.070 Penalties an d.e.nffir:-c~ment. :•.-:«-.:•»;c.,x ··.;.:-:-:-;,;, ::iiil;f;r··••;:-:\m\;; . .,V~Jp·· -~1,, A. Failure,JQ~~omply witlttJJe condifi~J:3? specified in this chapter shall constitute a violati~Kq~.QiShabl).::,l'.~~--~nt to c~f~.ter 1.08 or Chapter 1.10 of this code. -~~ft:-. ..J\\#%WlfJ@1:¥.t~0-?❖ '\f' B .. ,ii!f~fW.$~ tJ:l:f~ft~nalties i'iri~JfifJ' pursuant to Chapters 1.08 and 1.10 of this .. ~efjfrcode, fl'lij{~iW rri'ii!J)i 7r, or designee may impose additional conditions on the '(B{ft use of an\tlf;!'.9.ft-teff~t)t.?1Cation rental permit pursuant to section 5.60.060(K) •1/.•~-:•:(,,,'. 'r','•/'» ,._ .. ,.. ... "";,",:',.. ·-::;t:?:i:t~-above; or sli:sp,end ·.:~f: revoke any short-term vacation rental permit ·~·d"~7.r-.... ,_-,,,,✓, ,.,.~ C. D. --~-,l'~ornmensurate\with the severity of the violation(s). ""$;~[~~~'.:~;;;. if ft Exc~Jit)~s <?-ttli~ise provided, enforcement of this chapter is at the sole discref li&{&'.f:fthe persons authorized to enforce this chapter. Nothing in this ✓«....;...-.:.:...- chapter st-fall 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. Pursuant to Subsection 1.08.0l0(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. 7 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 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 regulatiQO~~s determined if necessary and appropriate by the city manager for the puq(@Wrotection and welfare -~t:❖"// and in order to accomplish its purpose and intent. Alff{ . 5.60.090 -Constitutionality ;j j,f ffi"'\;,111;,;,. If any section, subsection, sentence, clau~!jijf phrase of this chapt'ifff:]j~t~r any reason held to be invalid, such decision shall noijJ!rect the vaJ.Wity of the rerifa:(fJJrig portions s,~-;-; .... /..:. ·~'~"'r .. ,~? .. {r,., ·~·x•.,",r of this chapter. The city council declares tffaf itwoy_l,9/Jrave adopted the 'chapter and .,., •• ,,.,· ✓,, ........ .,,, each section, subsection, sentence, clause or'lfffta?e\tnereof, irrespective of the fact . ,._;~:-.-... (~,,~}:=1/=~· that any one or more sections,;S[tjl!~!S!ions, senteg~,~, clauses or phrases be t\.iT~.CJ-\N E.NT c a CITY OF CARLSBAD -AGENDA BILL AB# MTG. DEPT. 21 954 ADOPTION OF AN ORDINANCE TO AMEND THE DEPT. DIRECTOR -=-~'--'---~ CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER ~~~-I 05/05/l5 5.60 SHORT-TERM VACATION RENTALS, CITY ATTORNEY Clerk ESTABLISHING REGULATIONS GOVERNING SHORT-CITY IVIANAGER TERM VACATION RENTALS 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 Apri l 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 of the City Clerk. 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 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 shelley.collins@carlsbadca.gov FOR CITY CLERKS USE ONLY )I! COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC □ DENIED □ CONTINUED TO DATE UNKNOWN □ CONTINUED D RETURNED TO STAFF □ WITHDRAWN □ OTHER -SEE MINUTES D AMENDED □ Exhibit 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, 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 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 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 ~his Chapter are permitted only in the coastal zone. 5.60.040 Authorized agent. II II A. B. 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). 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 5.60.050 Permit required. 2 3 4 5 6 7 8 9 10 A. B. C. D. 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. A short-term vacation rental permit shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter. Every broker shall ensure that each short-term vacation rental is registered with the City prior to listing or advertising said property for rent. 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. 11 5.60.060 Obtaining and renewing a short-term vacation rental permit. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. 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. Any fee for a short-term vacation rental permit shall be established by resolution of the City Council. I 1 2 3 4 5 6 7 8 9 10 11 C. D. E. 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 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. 12 5.60.070 Operational requirements. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. C. D. 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. 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. 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. 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 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 E. F. G. H. I. J. K. appropriate manner shall subject the owner to all administrative, legal and equitable remedies available to the city. The owner and/or the owner's authorized agent ·shall use reasonably prudent business practices to ensure that the occupants and/or guests ~f 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. 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. 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. 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. M. 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 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. C. D. E. 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 5.60.0G0(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. Pursuant to Subsection 1.08.0l0(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. 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. . 1 5.60.100 -Constitutionality 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 II II II II II II II II II II II II II II II II II II II II II 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. 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 DA TE: 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 5th day of May 2015, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. None, None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney (SEAL) City Council City of Carlsbad · 1200 Carlsbad Village Drive Carlsbad, California 92008 D, Wayne Brechtel, Esq. Felicia Brechtel 3676 Momoe Street Carlsbad, California 92008 May 5, 2015 All Receive ~ Agenda Item # . For the Information of th~;-K- CITY COUNCIL . ACM ✓ CA-LCC / DateSf~City Manager/' ----- 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 Councfr I am writing to urge that you not adopt Ordinance No. CS-272 regarding short-term vacation rentals ("STVR''s) as currently proposed because· it arbitrarily-bans STVRs from 63% C?f 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 rentc:µ. However, we strongly object to the Council's recent decision to eliminate the option of using one of the residential units 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 STRV s 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" STRV s, 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. Furthermore, the proposed ban does not '~protect" residential neighborhoods" throughout the City, because it allows STRVs in residential neighborhoods within the Coastal Zone; while banning STRV s in residential neighborhoods outside of the Coastal Zone. Without doubt, the largest ;number of existing STVRs am closer to the beach and within the Coastal Zone. This by definition City Council May 5, 2015 Page3 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 tliat 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 sure .those rentals do not adversely impact their neighbors. Uris includes the ability 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 STRV's for immediate compliance, rather than banning the entire City. We therefore support Staff's previous recommendation to regulate STRV s 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 Council allow us and other homeowners within the City the opportunity to comply with appropriate regwatioils governing 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 T!111y Yours, v~~ D. Wa Brechtel, Esq. . dwb@wordenwilliams.com Felicia Brechtel fcb@wordenwilliams.com Kira Linberg 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 # ~ For the Information of the: CITY COUNCIL / ACM _L_ CA ~CC_ Date o/a /1'5 City Manager 7" I writing to you to formally request a grace period for those homes which are vacation rentals outside of the 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 !hose reservations made prior to the restrictions being put info place. My request is to extend to the last reservation checking out at the end of August. Thank you for your consideration. Colin Ross I General Manager, San Diego TurnKey Vacation Rentals 760-277-3145Icolin.ross@turnkewr.comIwww.turnkewr.com tY,tD.~9¥. "Better, smarter vacation rental management." 1 . Dme: Jifi /Js- Dlatrl . :I . City Clerk Asst. City Clerk· 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: C/'11Y COUNCIL / ACM . CA_Lcc.__!!_/ Date 's_/i/ji. City Manager _L 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 rules 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 government 1 Sherry Freisinger From: Andrea Dykes Sent: To: Monday, May 04, 2015 9:29 AM 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 all. Just passing this message on from Bud Carroll as comments on the Short Term Vacation Rental Ordinance. ~~\5aj 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@carlsbadca.gov From: William Carroll [mailto:wcarroll83@yahoo.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 of the John Levy home for the 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 tliink 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, 1 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. 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 of the 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 Councii, the City Attorney, the Code Enforcement Officer, etc. would be greatly appreciated. • My best Bud Ca.rroll 2 Sherry Freisinger From: Council Internet Email Sent: To: Monday, May 04, 2015 10:08 AM City Clerk 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 -SlVR 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 21st Council Meeting. Over the last 12 months +/-, 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 5th Council Meeting. Sincerely, Jill & Greg Agosti 1 Sherry Freisinger From: Sent: To: Subject: Council Internet Email Monday, May 04, 2015 10:10 AM City Clerk 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 Jte well, be: havvv. be peace-fit! . ..l ...... ..,. j t Morgen Fry 0 ,,UJ ,DE From: Sent: To: Sandi .Hayes <shayes5413@aol.com> Tuesday, May 05, 2015 11:15 AM Manager Internet Email All Receive -Agenda Item # ~ For the Information of the: Subject: Short Term Vacation Rentals CITY COUNCIL ACM ✓ CA ✓cc ✓ Date~ City Manager 7 Dear Sir, My name is Sandra Hayes. My husband and I have lived in Carlsbad for 30 years, 20+ 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 theni'city wide. I findthe 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 will 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 scen~11 • 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 familie$ 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 zone11 • 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 1 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 2 Date: ~5(!5 DistributkJ ; 1 City Clerk Asst. City Clerk ·Deputy Clerk ·Book Andrea Dykes From: Sent: To: Subject: CoA-STA L tracy teregis <tteregis@att.net> Monday, May 04, 2015 5:06 PM Council Internet Email May 5th City Council Meeting ZoNE All Receive -Agenda Item # JL For the Information of the: CITY COUNCIL ACM ✓CA ,..,,..CC ✓ Date1i{ii. City Manager ~ Dear Mayor and Council Members, 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 of this being legalized and having to deal with the daily noise _pollution and security issues next door to yourselves. We are looking forward 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: qs;.rs- Distribut1on: City Clerk / Asst. City Clerk / Deputy Clerk Sook 1 Kira Linberg From: Sent: To: Subject: Carlsbad City Council, · Jacque Phillips <jacquie.s.phillips@gmail.com> Monday, May 04, 2015 i2:23 PM Help Vote I agree with your vote to not allow Air B & Bs west of the 1-5. Thanks!!! R/ Jacqueline Philips 4095 Sunnyhill Dr Carlsbad, CA 92008 Sent from my iPad 1 All Receive -Agenda Item # '6 For the Information of the: CITY COUNCIL / ACM ✓cA ./'cc V Date9ifjs. City Manager Z Staff Report Meeting Datt: To! From: Staff Contact: July24, 20lS May(H" ·ind City Coondl Kevin Crnwfo.r.dt C~ty l\iiarmger KenyJe:zisek .,Sr, P. -,o'ramM· -ai_· ,"' ,e" · -. · -. -. I -. fQ~, -. . . 3J.:l!g _ I K~r-rvJ~x~~-~li.@2$~5h~ditill.~ 760-434,,.2883 Update on short=ter·m vae~tton r~t11f code erif-orcemem. :;iictiviti~ ahd co1t~td{llratio~ of amttndrruints-to C~tlibad MUf!idpttt-tode Chapter S.60 ushon:~term Vaca:tten Ren~lsn to da.rify operational rn:gufatrons,, ·definitions and add reqt;11remerits as detfrrmined oetessary ·b~sed· -on the pa.st fl~caJ year ofenf6rc-em:ent efforts. Retnmmiended Amfon !rntrnduce a.n ordioa111c~ ~mending-Carlsbad MYnicipid CQde Chapt~r 5,50 ?1Short"tt\lrm V~iiiitiorr Rentals,.; to da-rtfy op~rntiona1 regulations~ d~fJnitions an!] adii requiriu·n-e:nts as d~termlneti ITT1ecess.an1 based on the past ft-seal year of enforc;ement efforts, Jevecuthr SU""'"'" C rv .-~ .·--.... e __ ···c·!'-".U-~a-.. On Mi!iV 5, 2015~ the C~r'lsbad City Council adopted OrdlnanaI!--N0. CS=-272, ;1ut1eodfngth:e Carlsb~d Munklpai Code by addit1g Chapter 5,60 uSlmrt-term Va-c-atkm R~ntals." This c'bllpt~r @stah!lsh~s :r~gulatrons·to g,ovtrn the i0pera-tlcrns ofshort=term vacation :rentals (STVRsl within the City of C;arhibad, :forthe past three years; 5-'taffh~.s b:e~,nworldng-i:a educat-ethe own.~rs of STVRs on th~ n~w o,p~ratiof:Ial regul~tions and r-equtreme.nts for permlt~/busin~~s Ht-en.ies., fd,entify th~ location of STVRs .and ~nfo rce the new r~~ufatiom; to mil}lintiz~ any negatillfI rmpacts on r¢~idenUaf. neighborhoods. A.$ enfort.:ellHH1t efforts have progressed_, staff has !gamed that S(lffle-revlslon~ to the S.TVR r~ufarti~ns ar~ n~~d~d to clarify operation~, r~,qulrenien:ts gfUl ,definitions,. and t9 ~duce the Jrnpact1i of STVR~-on th~ Carlslnid rn~td-e-ntiaf. tmnmunity. Below is 3 ~ummary of.th~ rni,;ommended revis.1ons t!'.J Ch-apt~r S.60 of the ·Carlsbad Munici~al Code: 1. Set furtih a definition of 11bedroo1ti11 to as~ist with cl~ter.minlng the appropri~te oc®pancy level for ~n SfYR, 2. Chuifi, that tim~:shaie units.~m not c-onsider~d STVRs. 3 r.~,,,.•ifi.,thtt-·le"'--.,-il--4,. ·k -d · · ··'d.0 ·;i;,•·1 · :·. ·.,-h · · ... t ·. •.J ...ie'fiVR' d :., ;,,.1~n:i,,,., .. _a. __ nu ~-• coa.f;;:1-es, :,-,,ar .e: on r~sL ~rh,.1~ . pro:pe, ,v a.~ .,Q ~ ton_s1i..er~Y ~.i-. s-, im~ th~y m~y hot be-rnitt~d c.mt for oceupanqr pu~uarrt tq: oth~r prnvlsfops ¢'f tije co def 4, Add ~ requir-em.ent for ST\lR owners t-0 prnpar~ an impact re~,.orrn~ pla-111 induding inforim.rtkm. on h.ow t-o contact th~ oWn~rw r~port. a con'.l'pWJrrt-~unc~mfng th~ prope.rw~ 5, Spedfy th~t SlV& may only be 1t1s~cl :for r~sidenitial purposes; icom~ten::ial activities and sp~c]~f ewn1~ ~re. prohibited; Julv 24. 2018 Item #12 · Pae:e 1 of 35 s~ Reinforc@ that, to the gr-et1tes-l ext~nt poss[bl0, on=~ite par-king for the STVR shall be used for guests and tenants; parking on the nearby streets is a frequent com,p!alnt. 7.. Set forth a requirement that three admlnistrntive citations or verlfiab!e violations incurred by an STVR withiti ~ 24-month period wiU result in permit revo.c::~tion for a period of 36 months. Amendrmmt:s to the Carlslnid MunkipaJ Cede rm.J$t be approved by the City Coum~i!. Discussion La5l year; the City Coundl allthoriie-d staff to ent-er into a-c-0ntnrct With Host Cornp!iance as a pifot project to assist with enforctfrrrtn11t of th@ regulations and rnquimments set forth in Chapter 5J5-0 of the Carlsbad Municipal Code, Host Compiian~e has provtded great assistance in enhancing thf! capacity of @nforcemi!lnt staff to identify the location of aH STVRs w1thin (t;Jrlsbad, and gssisting staff to permit/ficensethe SiVRs ku:atecl witMn the coa,£tai zone. Staff -. contim,u~s to galn, valuabfe-knowledge on Carlsbad's. ever=growing STVR market, and we hillve witnessed ~ marked: incrn~se-in compliance with the STVR ordrnat,c:e since contracting with Host Compliance and dedicating staff resources specificaUy to this purpose. Transient occu;pimcy tax (TOT) collec:--ikm rates for STVRs are also .c:ontfnuing to increase. Host Comp.Jiance continues to a.sstst staff in the education of Carlsbad residents on what ft meansto IJe a responsible STVR host ant:f ~ good neighbor. Fo!lo1.vfng vs an overview of FY 17/18 5TVR activity (:statistics through June 1, 2018): • Tota.I STVRs identlfled by address: 715 • Tottil STVRs in the coastal zone without a permit, receiving enforcet'l"tent letters: 208 • Total STVltpr.opt!rtl-e~compiiant {c-o:i'llstal ione) aftl'i!r receiving @nfort~ment l0tt@rs: 174 • TotE!!I STVR properties non~compliant (c-0astal1 zone) after receMng letters: 34 • Total additional STVR prope.rti~s. p~rmitt~d/1ken-sed: 118 • TOT collected from STVRs ln FY 17/18: $7151.000 • TOT coflect,ed from· SlVRs lncrn3se over FY 16/17: $113,000 or 17% inerease • SWR properties. with nuisanice-complaints: 14 The data mini"ng tools andi additional staffr-esources provided by Host CompUanoo are very helpfuL Proprietary computer software ~rrow.s:Host Compllance to easily identify the property address and ownership of the growi'ng number of STVRs operating wJ--thin the city by mining· dat~ from owner advert.[sing platforms, includingVRB-0; Airblflb, Home Away and othets. The information provided is not limited to property and -ownership teCQrds bm includes information on rental rates, fangth ofs:tay1 documented number of stays, number of bedrooms, occupancy lrmits, estirrr~ted rental revenues and more. Host Compliance ma.kes it easy for the dty to n,orn accurateJy and efficiently enforce the STVR ordinance and to collect TOT by expanding staff's. capacity to serve-the community at im annual wntract cost of $70;000. In addition to the Host C..omplbme;~roritract; the city h3s veryretenthj ~ntered in-to a no..-rort agreement with Airbnb to collect ~nd remit TOT to the City of Carlsbad from property owners using the Airbnb r~ntal by owner platform for adverttsfng"and rns:@ntation mana_gerrum'l ThE dty is ~lso, purnu.ing agreernents with other online STVR rental pfatforros; The!ie agitrements \Nill help ensure compliarwe of owners of STVRs in pt1yrnfl'nt of TOT._ Julv 24. 2018 Item #12 Pae:e 2 of 35 Bas111d on th~ l@:s-soris lm1rne.d by st~ff to <lat~ through ,enfore~ment efforts., staff is pmposing som~ revisions to Carbbad Muni•cipaU Code C%apter 5,60 to help reduce the Uke.!ihood of excessive nols@, diso:rderly conduct itllnd Hf~g~i p~rkin~ ~vJsions.artntl5o: ne,ee~fiii'l!Pi( to a~sist in the @ffort to better defirie th~ r.~quir-ement~ for STVRs -~nd the ~~d.itiorlS underwhidh ~ p~rmit may be revoked. The propos.ed r.evisions-iirt? in~nd-~d to ad-dms;s_t~~u~ that hiiv~ MI~~r1 during ~nforc~.m~nt efforts1 €!rod to deflllt~ those: pn)pertte-~th3t ,~-re filihjfl'lct to the STV:R.r~gt1hition~•-S1~t forth in Chapt,e,r 5.60 ofthe Cijrtooad Mtmkip~l Code. Be.low is a summary of thf½ pmpo:sffid revls!oirrs to tht½ munldpt.11 code: 1. C~rifylif:tg th~ d~fJnltton of ;'biBdrnom>1 to fi'5sist with d~tflrrnining th~ ~ppr,opriat~ , occupa ncv level for M SntR, 2. Clt1rtfying that time=shar~ U1fl-its ar~ not r~sidl~ntlal Uifllit.s £llndl thernfo:r@ !fiat STVR~; thjs: wm room d~ariy kfine prnperty enforcement boundaries, 3. Clarify that trail~r coach~ park~d on r~sidt_:nt!~I prdp€!rty ~r~ n1Jt consider(fd STVRs, .Md they mav not b~ rent~d out for occ~pa.ney·p1JJt~!lianuo other provisions ohhet.ode; this wm also more clearly de-fine prQp~rt,11 en.forc~m~nt bo.uflld~uies. ~" Requiring SlVR oWnEiirs. to prnp:are in tmpiict response phm, including informatoofl on now to contac::t the owner w report~ compla1nt conc~rritng th~ propffrty; this ,provid(!~ a benefitto r~stdtmts an the vicinity of 311 STVR prnp~rty by ilertingthe:m te1 th{;} vacation r~ntal status ofthe pro;perty, n-1a~imum. occupancy levels a.nd who t(> cont:ac.-t should th~r~ b@ an iss.utt. 5.. Limit SlVR use to only residentla.~ purposes to proht'blt commercial activities and special ,ev~nts {such <l-S weddings~ r~captions and larg~ pa.rti.fils)I whi.ch oft@n tirn~s cr~at~ ex~essive noise, traffk;, •Ofhjtrnet JHffking _ami trash and negativ~y rmp~ct the qualvtv of ![fa for re~Ment$ irt the n~lghbo,rhood. 6. STVR parkinggutdiil1ines. wif1 be reinforced. Guest::: and temmt~J to the ·s:-r-eate:s.t e-xtient possib!e, sh.ail be. req1.dred to park M=site and noton th~ nearby r~si.dmrtial strnets. 7. lrnplementa thr.~~=strlke perrnfi revocation policy to strengtheti the citis enforc.emen:t capacity. This policy gives notice that thre(¾ administrative citations or verifiable vnolation3 withfn .ri 24=month per!od wm res1Uft in :p~rmitreViJt::-ation for ~ IP-~riod ,of 36 months. FJsmf An~iysis The annu¼'.]J <:oit to admfni$t~r the contract with Host Co:mplianc~ ~s $70))00. The TOT ia ll~cted in fY17e1S fo.r STV~ spedfic~lly_w~~ $775;000. It is ~nticipated that the city Vr!iil continue to see ~n increase. iti the STVRT-OT over thm~ as additional STVRs are permitt~d and TOT is coile,ct~d. The agr~emfln~ wlth Airl:mb ro oof.led TOT orn b~ha!f of the City of c~rrls-b!Jd ,~ e1tpfgct€cl to htiiive. <ti! positive TOT revenue impact; and assist greatly with toUettron of TOT. fdmSteps: Staff wi11 c-ornthu4~ to wark wirh :r-k1st Comp1fame~ to hhmtitlJ th@ addrn~~t-of all STVRs Hn Carlsbad and ensure compli~m~e with perm.it requlr~mei--'.lts and oper-atuomii stanthmis;, Staff wm con(ln-ue to enfor.ce the rei:rulation-s, including thei! d:is<XJntir.u.1anc,!J! of op~ratrons .by tholi>~ homeowners who am operatirng STVR propertle.s ot.rtside the c..oastai zOrH~. ffftnts wm e.ont1rrne , .. , .. '1/1 '11"11 0 It-om H1 'J to, -eoHt}ci th@ TOT required for STVRi, and to ·1.¥ork with Airbnb andl other on!lne S1VR platform~ to• assist in these efforts, Environmental Evaluation-(CEQA) Pursuant to Public Resources Codatl sect1on 210:55, this action does not constitute a l1pr-0jett" withln the meaning of CEQA in that it has no p•otential to eause eithfl!r a direct physical change in the environment; or a. reasonable foreseeable indirect physical change in the environment. Public Ntlt-ificatton -. -. . . This1t~m -vi1as notk~d in accordam::e with the Ralph M. Brown Act and was avaHa.ble for viewing at 1--ast 12 fto r ·. • o · t fh · ·. · ee+·nn-dat · ... e _____ .uspn _r o _ en-1-_,iL1;;, ___ e. ·exhibits 1. Ordinance¾ 2. Redline/ Strikeout version outlinrng revisions to Carlsbad·Munklpid Cod,~.Cb-apter 5~60 3. Resident input/ communication with clty related to S1VR. ordinance update .lulv ?4. 701 R I-tom H1? D:>ao II nf ::g; ORDINANCE NO. CS-338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 5.60 SHORT-TERM VACATION RENTALS, CLARIFYING AND ADDING REGULATIONS GOVERNING SHORT-TERM VACATION RENTALS. EXHIBIT l WHEREAS, over 1,100 short t erm vacation rentals (STVRs) are known to exist throughout the City of Carlsbad; and WHEREAS, STVRs can have a positive economic impact bringing additional income through tax revenues, and benefitting the community as visitors to the city receive reasonably priced accommodations and spend money on visitor-related amenities such as restaurants, shops and tourist attractions; and WHEREAS, short-term vacation rentals also have the potential for a negative neighborhood impact due to high rental activity and traffic, unfamiliar people coming and going every few days, excessive trash, parking issues and noise disturbances; and WHEREAS, the City Council desires to protect neighborhoods from any adverse effects resulting from the operation of STVRs and also ensure that the city collects transient occupancy taxes/Carlsbad Tourism & Business Improvement District assessments from STVRs; and WHEREAS, the City Council directed staff to return to the City Council in 2018 to provide an update on enforcement efforts and to recommend additional city imposed conditions of approval or restrictions if needed; and WHEREAS, city staff has provided the requested enforcement update and recommends amendments to the STVR ordinance to clarify and add regulations, based on enforcement experience, to ensure STVRs have the least negative impact on the community. NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Section 5.60.020 of the Carlsbad Municipal Code is amended to read as follows: 5.60.020 Definitions. 1,.l.,'l/1 'ln'IO "Bedroom" means a private room intended for or capable of being used for sleeping, separated from other rooms by a door, curtain or other entry way, !torn ff1 ') D::icro i:; nf ~c; EX1-UBll ! having at least one window and a closet/stota.ge nook ar11d accessible to .a bathroom withoi;t crossing it-ito another bedroom, 1-1Broker'1 means any entity or personj including but not limited to, on-Hne. websit~s, on~tine travel agcmdes, and on.;,lifie booking agents, th.at offors,.Hsts; advertises; accepts reservath:ms and/or collects whole or partial payment for a short-term l..r..itiltlon rental. unit ;'Owner" mea.ru; theperson(s) or fmtity(ies) that hri[d,(s). I~gcd and/or ~quitabie tI:tl'e·to the subfectshon>·term vacation rental. "Sh.ort~term vacation ient~l''"i.s defined as the rental of anv leg:aHy permitted dweHing unit ~sth@tterm !s defined in Cmpter--21.041 Section 21.04,120 of this -cod~1 or anv portion of any l~gaffy permitted dwelling unit for occupancy for dwelling, lodglng or sleeping purposes for a p~ri:od of less dum 30 eo.nsecutlve ca.le11dar days. Time-shares as defined in Chapter 21.04, Section 21.04.357 are , · not ieonsidernd a short-term vacation rentat. A trailer coach as define-din Chapter 5.2.41 Section 5.2:4.005 of this code, which 1s parked or1 the pr.opertv of. a legally permitted clwening un it, is not eonsidernd a short; .. term vacation rental, and it may not be rented out for occupancy pursuant to Chapter 5.24, s~ction·S.24.145 ofthis cod~. Short-term vacation rental irH;fudes a.ny cohtrnct or agreem.e.nt that inittalJy defln@d the rental term to be greater t ht1n 30 consecutive days and which wais subsequently amended, either orally or in writing to permit the occupant(s-) of th~ owner1s short:Q'term vacation rnntal to surrender the subject dv,elfing unit befo-re the expiration ofthe initial: rental term thil-t rnsults rn im actu;}I nmtal tGirm of less th~n 30 consecutive d:€l!ys. {Ord. -cs~i,2 §-I, 2015} 3. That Section 5;60,030 ohhe Carlsbad Municipa.l Code ts amended to read as foflows: 5.60.030 Short-term vacation rentals. Short-term vac-ation rentals which comply with the requlr-ements."oftbis: chapterare permitted cnty in the cmistal zone as defined by the Ct1lifornia Cc.rnsti!ilt Comrnis~ion and in the La Costa Resort and Sp.a Master Pfan. area, to in dud~ the Balbmnind Corte:!! buildings. foeated at 2003 fln.d 2005 Costa Del Mar Road, {Ord, C-5=291 § 2; 20:iG; Ord,, C5=272 § Ii 2015.) 4. 1hat Section 5;60.060· of the CarfsbadJVlUnicJpal Code is amended to read as foflows~ Sa~i0.060 Obtaining and renewing a short-term vacation rental permit. l11lv ?4. 701 R 1-t-om H1 '> EXH.lBIT l A.. The owner or owner's authorized @gent mus-t subrnlt th~ folki,,Ning information ot1i ~ short;.ierm vacation r~nt~I p~rmit application furmpr.ovided !by the city: 1. The fl!iltn~:; address and tiill~phone 8i1Ymb~r.ofthe owner-of the short-term V-tt(:atiori rent~[ unrt. 2, ff t3ipplicibJe, the namei addrn~s a.rid t~1~phorH~ n.umb!'iir of th~ authorrz,ed ag~nt of t he owner :of th~ :short1erm va.c-atton. r:e.ntaf unit. 3', The nam~.1 addres~ anti t ~Iephone 1runnber ofa local contact person who shall ib~ ~Vii!!Tiabl$ 24:hours p~r day1 seven days perwee!<.-fur the fRH"f.lO~~ of r.esptmcl.ing wl<thin 45 mtm.1tes to eomphiints r,eg~r.ding t h~ coruffl:loo, op~reition, er conduct of qc1;u-pants of the short,-term vacation rent-al unlt or their gu ~sts. 4. The.addrieSs ofth~ prQ,posed ~hott=t~rm vac~tionrental unit, ail lroterne.t Hsting .sit~ for th~ short~t~nr,-v~cation r-ental unit and an 1Jst1ng nu.rt1be:rs.. 5. T.henumb-~rof beclmom~ in th~:sbort,.t~rm Vicatlon r~nta! t.mit 6, Admowledg~m1mt o-heceipt or the clty's "Good Nelghbor1' brow.urn. "l, An owner shaH prepant im impact r~p:om;~ pfiin1 whim shaJl state the own~r"s int~ntto oper~te a short,term -v~catlon rental, the number of be-dr.oorns that Will be rented to -overntghtguests m-uJ. th~ owuer or th!1! ownt;l!r' s authorized ag@nt;s phone number. A copy o.f the impact response plan shaf! ats:0 be mailed or de~iv:ernd to a.ti residents and owners of prnpert}1 abutNrig Cff across-the stre~tfrom the $hort=t,erm vacijtlo.n rental. s .. such .other information ~s. the city tmira11g~r-0r dejignie~ demns r~:Soiimhfy n-ecessnry to tidmrnrls.ter this chapter. B. Any fee for a short-ter:rn vac~Uon rental _p~rm1t sh ail be ~abllsh@d by · resolution of th~ city co1mcil. C. Anyfa:fse statemeni'.5 or false 1nformation provided in the a.ppficatlon for a short.,,term vaem:lon rentaf permits-hall b~ imunds for den1a1 of a permit{s}.; :rier.,..'trevo~atio" and/-or-lrn,n °·•f"an' 'f · e -'·It"·-,,.-.-· -ti' ed: -t·.t ·c h~-., ,,.,_ .HL . _, __ . __ .,., _____ ,,~ _ .. __ .... -J'l"O,,JL ,. o __ p,Jl-ri! ie"'a_sou UL .. m 111;;.c crfh.er. 0. A short-•t~rm Vsacation rental parmit application may b,e d-entecl ff the owner ha-:s had ~ prior short:'"'t~m1 vacation remt~l permit revoked within the pa-st 36 c~lendarmonthsfor.the samt'! ,or either $horMenn vacation rentaf unit Wn•1..1---th:·._._ Cie>; of c~::rl•--had . · .. u .. n e _,,., _ _ a "-___ • E. ShorN:erm. va~:ation rentill p~rmit hold~rn mu$h~Qmpjy with the pr,qvJ~ions ofCarlsbad Mtmicipal Code Cha-pt-er S.12illnd Chapttr 3..37 regarding th~ collection and remittam:~ of.transient oceur,an~:vct.~i and ilit':! col!~ctkrn ~nd r-emittanc~ of Carlsbad Tourism and Bus1nessJmproveme.nt District ass:es~ments. FaiJur~ to comfJht wi~h 'th.es~ provisiQns may r~sult in rev~tJon of a -short""t~rm vacation. rental ,permlt. A brofoe:r tha-tcoUe.et~ any r-evenl!Je: from ~rrangln-g or listing a short~terh-1 rental u.nit-~hnU havtz:ptlmary rnsponsi.bWty for exmmr, wltectlng, paying and transmitting alli revenues due to the dty pursuant to, thi~ section. {Ord. CS~272 § I, 2015} 5. Th~t Sectiofb 5.60.070 of th~ Carlsbad Munldj:mf Code is am~nded .to read a:•S follows: ,, rl\/ ?LI. 'Jfl1 ~ 5 itN\ 070 o --To · : 1 ·· -. · · -~ .. ·: ·-· --~ ... . ,..,v._ _ : pera • _ na reqYM~merh..,.,, A. The owner and/or owner's authoriz~d ~gent shall use ret'l:son~bly prudent business practice-$ to ensurflthat the short~term vac~tlon rental unit is tised in · a manner that eompli@s Wtth alf applkabhHaws, rules intd regulations pertaining to the use and occupancy of the subject sh:<nt~term vacation re-nta! unit B. · While a-short~·term vacatio1i ren:talunlt is: rentedi a lncid oontactp-e.rson · shall be ~vailabl'e24 hours per-day, seve:n d~ys.p~rw~k forth~ pur-p.ose of r-esl')ondifngwfthin 4.S minutest◊ complatn't$t~gardingthe condition, operation, ortonduct of oecup~nts ohhe.sh.;irt--term-v,ac~tion, rent~I unit or th~ir gUJests. c. ThEH,-wner or owne:t"'s authorized agents.hall post the shorFterm vacatfo:n r~ntal pe.rmit on the exterior-,of the: unit within pfain view of the general publk wnh the 24~hour; seven-=day lot;al contact phone number for complain.ts. The p~rmit shaft be displayed at alli times the unit is used as a short~term vaegtion rent.al. D. The own.er or the owner's-authorized agent shaU, upon :notification that any occupant or guest of the s:hort.=term vacation rental unit has created 1.mre.asorrnb!e nots~ or disturbances; engaged in disorderly conduct.~ or committ~d viofcittons of any applicable law, rule or regulation pertaining to the use and occupancy of the shorHerm vacatkm rent-al Unit; respond rn a timely and eippropria-.tJE mann~rt,o, irnmediat~ly halt or pr~vent ~-rneurrnne~ of sueh conduct. Failure o.f the owner o,r the, owner's authorized agent to respond to such etdl5 or complaints regard-ing the condrtkm, operation, or conduct ofthe pecupants ana/or guests of the shorf-terrn vacation rental in a timely and apprnprFate mtmn~r shall subj,ed tht:i o\ii.tner to ~n admln_i_strntive, ie.gaf ancl 1J:quitable remedies avaUabte t-o the city. E. Th~ own1~r and/or th~ own~r's. authoriz~d agent. shalt use reason~bly prudent busines~ practices to ensure that the occupants· and/or guests of the short=term vaeaitlon rental unit do'oot treat€-unrnason1bJe nois.e or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertiiningto the use and occupancy of the subJ~d iihort=term · vacation rental unit. F. No amplifi~d or rnµtoduted sm:uid sh~fl be us~d outsfdl] or audible from the property line of ~ny short~tefm vac~tfrm r,ental unn between th~ hoors pf 10!00 p.m. arid 10:00 ~.m. lt-o= -H-1 "J o,.,,,.,., Q ,-,.+ :i C: l.!J .. """t .n 1/"l-1 0 EXlilfB.n'' 1 G Tne -w:n~r anti/or ownet.s flUt liorized a~~1r1.t shall --e rtn;onahh1 .: ude -t : • _ __ Q _ _ _ __ _ __ _ _ _ _ _ _, _ _ ,_g~ _ _ us. _ a_ _ _ 1 pir __ _ri bu.~it11ss_s p-ract~ees to ~nsw"e th_at th~ shoft .. terrrl v--acatkm r~mal unit is !Uwcl for nt~id~ntfo1 purpos~ only. Commerdal ad:Mtl~ and special events, onu:;:hnrling b~tnot limited to, weddings, rnceptiems a_-_ndlarg~f.rnrt-ie!nrire prohibited. Ail oceupimts of.th~ shr;:rt~t~rm v~•rntkm rnntal shill b~ natifi~d of th~ pr-E;iihibttlon ~gatn~t co.mr-tu~rcim ijttMties prior to the reserv€\Uon, r~m~i or ~e~e1 tmd sa!cl prohibltlon sh~Ub~ f:i part of arwmnt~i or lieasJi agr-eem~nt. H. Prior to occupiulcy of a sh.9-r.t=term ,rac-ation rnnta.! ,unft, the owner or th~ oWfl€-t's ~uthorized ag~nt gfrn1IJ: 1. Obtain the ,cont~ct iofonnation of the r~nter. 2. Prov-id~ a c,;opy ohbe ;,Good N~tghbosr11 hmchui'~ c6nt~inirilg th~5~ -ei-uirel¥ilents to the r.o.<'>¾e-c. f _q ___ ._ --~,i;L _ _ -,-_ _ _ "-'n-.. _ f_ 3. R~qu_ioo th~ f\~Jit~r to ~t~cut@ f'i formal ~~knowi~:dgm~nt that he oli she i~ 1eyHy responsible for compiiance by all o,i~pant$ of the ~o~- t~nn v~~ticin r-.emtai unit and their gu@_rts with an '€1pplic~b-l~ li':!ws, rni"1ls and re.gu.l:~trons pertalnJng to the use a11d-0tcupancy of 1th~ shGrt=tetm _ Vtiea_tion rnnt~l unit. 4. Th~ mfbrmath;m requlre:d in pflragraphs 1 and 3 of thls subsection sfotll be maintained bv the 01.,n1:er -or the o-wnetJ s authorized flg€!1ni for ~ period of three.years and btunadeiav~ilab-!e upon request to ~nv -omcer of the aly F<€sponsibl~ for-the enfore.emtfnt of any prov:'i5ion of th-e mu -'-' -'3i coo-:_ or any oth~r ""_pf'.irc-ab1e· 1aw rulfl! or re -••la~on -P-e""",;,in.in-= -_mcq;, _______ ~ -------'P_f"'_t ___ -1_ -{----_g ... "'-___ i -w g tQ the-uise and. occupancy -of the .shoro,termvacation rental !Ynit. l. 1ra$h and r~fuse ~h~ll not be ieft$tor_ed:"1Ni:tl)in public••A~v~. m::c~pt i~ _ prop.er c-0ritab1ers for the purpose of coUection by-the crt;\/s authorized '1-vaste hauifir on sch~i:fo1led trash cotl~ction days. _ J1 All o-ecupimts -and guests shalt, to the grn~test ext~nt pc;ssibl~ utUii:e an:y on~sit~ parking t,;f th~ shmt=t~rm v~ct11tio11 rn1,rta I ~n d avQid parking an in~arby rnstd~ntial s.tr:€,1gt~. -One-Sit~ p~rking-strnlt be allowed on approved driveway; _ garag~, and/or earpGrt ar~a,s ,only~ P~rking of aver ... si~ed VfltikJ~s must comply wJth the provisimis of Setlion 10.40,180._ K. 1ne nu.mb~r of b-ecuP.a.~ts ~nowed to-o~~upy -imy_ givl\'!n ~hort--=t@rm v~cijtion re.nt~i miit shall n, ·Jimtted to two people per bedroom :or _studro p!us one p~rson per unit~ L Th~ .city manager, or-designe~, sha.fl: have:the, ~~(lfity to hnpo~ addit.tonat ittmdltiunsont-fni-u~e:Ofcn1y.giv~nshortt~rm-v~cation rnntal unit to ensure thRt any p-otential seco.nd~ry. gff-ects uni-queto the subject short-term vlil.cat1on rentlllt tmit arr~ ~void~d o-r adf¾qull.miy rnmgat~d. I+,-,..,,. ff1 '> D-:.rTn O n f '.:2 C:: EXHIBIT i WL The ovJrier or -ovmer1s authorized agent shall post the current short~tierm . v~cation 1~t1tili permit number on or rn any adv@rtisem€lnt appearing hl any written pObilcatiCJn or on any websltethat pror1iot-es>the ~vaifabili:ty or exist-ehce -of il short-terrn vacr1tiun rentat unit. (Ord. cs.:272 § r, 2015} . K · rhat Section 5.60;-080 of the Carlsbad Municipal Code 1s amenood to read as follows: II ilv :JLl ?01 R s.ao.oso Pimalti~ and erdnrcement. As Atiy person violating any of th~ provisrons of this, cha:pt~r shall be deerne<l guUty of iti mh,d~m~imor punishab'le pl,!!rsuant ro Chapter LOS or Chapter 1.10 oftMs·code. ·B. fn ad'dlttorito ~ny pM;11lties imposed pursuant to Chapters L08 and 1.10 of this c.or;Je1 the city rm:im:1ger1 ordesignee; may it11pose additional conditions on the use ofany short-term vacation rental p.etmit pursuantto Section 5,60.070(L} above; or suspend ot revoke any shmt=t~rm v~catron rnntal permit eommensurat0 vvith the severity of the violation{s). The issuance ofthrne.or more. ~dmini'.strntive dtatioTIS; verrfiable municipal code violflitions or hearing offic~r determinations conce.ming permit requirements Within a 24,-month pe-r.iod shaH result in revocation ofa short ... t,erm vac~tiorri r~ntaJ permit. Revot~tion. is subject to a 30=dayprlorwrrrten notice and to appeal, if requested wrthin ten days. The appeal procedures will otherwise follow tho~e outlined in Cliap~r 1.1o·of.tliis·eodi'it, In the event o.f permit revocation,. an appfication to reestabfrsh a s:hort=term vacation rental at the :subject prnpijrty shall r1ot b~ accepted for a minimum p~riod of 3'6 months. C, Exce,ptas otherwise provided, enforcement ofthis drnpt~r is at the sole discreti'on of the persons ilYthoriz-ed to enforce this cha:pttff. Nothung in this cht!t,pter shitl!l:I create a right of action rn any pers·ofi agalnst the dty or its agents for d~rru~ges or to compel public enforcemeint of this chi'lpt~r t}gainst private parties. D~ Pursuant to Subsection 1.08.0lO(C} ofthis code, each .and every day durrng any portion of which any violation of thls code or any other ordinam:~ of the dty is committed1 continu~d or pe:rmitt~d shall be a s@parnt~ offense. E. tn accord~nce with the provi~ions: of Sectio:11 tt'.36.040; the owner of a sbort-tem1 vacation rental may be bilfed for law enforc1gment.servit!'¼s ·wh~n a · second or subsequ@nt pofice response is required at the $hort=tenn vaeation rental unrt due to a party when th~ police offker d~termine~ that conUnued activity is.a thn!•atto the peace1 health, safety or generatwe!fare of the pub.tic. (Ord. CS~272 § Ii 2015} ltorn :ff1? D::icro 1 n nf '.le; EXHUltf l EFFfCIIVE DATf: This ordinance sha.H be effective thirty.days aft~-r lts adgption;-imd the City Ci-~rk shid! c~nify the t¥J-.doption ohhis omh1ance and eaus-e th~ foil text _ofth~ ordirmhoo or -~ summ~ry of the ordin~nce pr:~par~ by the City AttorrH~V tti be pubtish~d el!t h~ast one~ in ~ newspaper of general drroiation an the City ·of Carlsbad within fm~1m days after its adoption.. d_· ,,,11., -o_ f ____ ___ 9 ~18 ,,. .. rl there~fter "';r -. " --' --. ~Y' -; c;>n -. -. -a . - Cirlsbad on the = clayof===J 2018, bythe followingvbt!l; to wit: AYES: NOES; ABSENT: APPROVED AS TO fORM AND U:GALITY: CEUAA. BREWER,;r CityAttomey 1 .. l .. "l/1 '"lf'\-10 MATT HALL, Mayor ·(SEAL) 1+-t'V'\ #1 'l Chppter S.60 SHORT-TERM VACATION REN1AIS S.G0.0-10 Pu1:pow. . . A.. Tue purpose of thischaptM isto @stablish regulations fon;horMetm vacation rentafs in order to ~fugui!lrd th~ p~ic~, s~f~ty imd g~nu~i welfir~ of neighborhoods wlthin the Cfty of Carlsbad by m!ni'miz,ng Mgative seeond~ry ~ffe~ reliit~d to shorM~rm Witation rMrnls inellbllding ~xce~sive nors~, cfisorderly wnduct, illegal parking, OVincrowd!!'lg; and ,excessiv® accumulation of refus~; and to e~urn drn,t th.e city i!i Ci';'.!!lecting trnns1~n1 oeeup~ncy tax pursmHn tf> Chapter 3.ll of this code,·~n.d the t:arlsbad Tourism and Business lmpro,vement Olstrkt assessment pursuant to Ch~pter 3.37 oft.his i:Ode. a. 1lrls -chapter is-not infonde,rH:o provide an\!' owner of residential property with the right or privilege.to vioJ'ate any d~ed rest;rnction}, or. privarn conditicm.s, covenants and restrictipns appf.k:able to the owner's property that may prohibft the use of sud, owner's rnsidentral property for shorM0riit Vt'itat1on r@li.tt'll purposes as d~fin~d in this d1apt~r. ShorMtrm v~cat1on rentals ari2 not permitted in dwll!l!ing units that have :<faed rnstrtt:tions for afforciabl~ housing purpos~s or h~v~ other city imposed ccmditions of <1pprnv<11I or restrictions which prohibit the us@ of said! dw@Ul"'g unit <'is a ~hofti=t~rm viricat,on r~ntl:11 ~~ defined her~in. {Ord. CS=272 § I, 2-015·) 5,60.0120 D~finitlons. t£$1;dttO{»tfr" me~nl$ a. i,.r~wite r,tJ-omJnte_n:d~.d fcfr or 11:apable of belngu'.'lecl forslee19.ung,sii;p;,irnted firorn ©tber mrtms by~ do.or. (:Ul1ai1Yl.OF. p~hi!rein1trvv,)av,h~vtil_g .a« ffeast m1ie. \I\J'jf:J_dow ~rid a iloseil!!>'.!-0~~ nnol~ ,erul aeo,ssibll!e 'i?tt,_a ba,thr:.o.om withQ~J~ c~,o,5:sj11g;fmp ~nJ:;.~b~r hredrnom . .;'8r,r;dc~r'' mean~anw entity or per-son, including but not limfted to, onafiM websites, on~line travel agencies,·and onaline booking agents, that offers, lists, Bdvertises, accepts ll'@servaUons tirtd/or wnh~cts 1Nho'le or p,Htnal p~~,ment f:or ~ shorM~rm vac~tron rental unit. r10\•1ri~r'1 mlflMS the persoro{s) or entity(i~s) that liold{s} l~gal ~ncl/or ~qLJlt~ble title to thtt sYbj~ct short~ t~rrri v~citlon riilntat "'Shorr~t®rm Vilicatfon rental° i~ defined as the rental o.f any legally permitted dwelling 1Jnit as that term is tfofin~d fo Chapter 2Ul41 Section 21.o~LtW ofthis eode; or any portkm of any leg--~fly permitted dwelling ~nit for occupancy for dw~Uing, Rodging or sfeep,1ng purposes for a period' of less than 30 COf.'!$ec:utiv~ ~lendar days. ltrtie.~~h_aresas defioJ~qjuLCh~t:er 21.04. Sedlon 21.04.357 are not rnrms1d'~rerl .£J short~te1rm varniicm rientaL A trainer t.oach as d'il:!flned Bn Cih,mter S,2:4, Se~Uon .§24.00S of. ~his code,.. whkb is Q.£1r~~-d on the 1Drooerty .of aie5aliv 10e,mrn:itedl th.ve!Hng ~nit i:s not.toilsicie.tred a $hpJ1.:~ :tem1 vacation ren~_andl [t may not be minted out foroccu10ancv pursuana to .Chanter 5.24, Section S.24.:il4Sof this. code. SllorMerm vac&tion rentar includes any contrnct or a2reerrumt thiflt Initially defined the rental term to be greatert f'l;'jro 30 consecutive days eJnd whith was sub:sequ@ntly ilr'Oi:mdHd, ~ither orally or un writing to permit th~ ot:cupMt{s) of the owmrr's shorMerm Vi\lCi!itior-a rental to sUirr~rnder the subject tfw~!ling unn beforn tM ~xp iration of th~ innti~l rnntij.l term that rnsults in ~n ect11.ml, tMtal t1m:n of lt1ss than 30 eonseeu1tfve days. (Ord. CS-272 § Vi 2015) 5.61l030 ShotMtrm vt11call:iot1 r.entafa, Short-terirn vacation rentars which comply with the rec,uirements of this chapter are :l}emiitted Qn[y ifl th~ coastal wne ;,i.sd~~{o_necl Jbv lb~ Cf.lHfoii'Q~a Coasta~! t,or..:uJm~sslo,n and in the La Costii'l Resort aritf Spa I, ,h, ?Ll ?fl1 Q It-an-, :H1? D::iao 1? n f ~c; fyi~ster Plan a.re~; tc~ 1nci'k11da the B@Jbo?i <CJnrJCort-ez buildings locat"f:d at 200Sijnd 2005 OJ~.a D~I M®r R.{)ad. (Ord. e5 .. 2,91 § 2, .201,6; Ord. C-5'=212 §. I, 2015) 5~60.040 Autoorize-cl ·agent. A. An .owner may ir1 wrm:ng ~ut~orizt'l an agent to tompl~• Wii1thtti~ r,e,quir~men:t~ ofthi::. chaptlflr 0111 bMlatf of th:e own~r. Th~ ~uthofii~d ag@.nt.sh€ill ~bmit ~ copy of the .amhort:ration to th~ city tllunng the Initial permit~n'ld all rnnewil permitpro~ess,(es}~ B I\J-"'v,.f1tl1~-,.-"•Rp·subs"f'.'t·io" A iii'' th-ls "'~c;,i-·, "':i.~ "''V"· ... , s:ba!I ""t· i-.lil! ."•12Jfev:d .,.,,F,;--·-·,y·;-ets;:.""-: 1· ,,.OL. ---~a .. tt!n,;,--· _..,_ -"-··-i---"''=-~.ori,~u ..... ,_,,"""·~n-... ~ v_,_ .. __ e u.,man P-,-",,.;a1 re~n~ibility afiJd per.svn.al liabil-ity fur noneompliam:.e wlth ~nv,appHe~l,;g P~w .. rule.or ii'€guhnton p~rti'!mi,1g-to the y,se a·n-d occupancy of-the sYl:d~ctshmt·:t~rm vata,tfon renfol' ~nit; ,r~~rdi~of wliether suc:11 noncon1piianc.e .wg~ c-0mmit~d by thii! owner'$ a!.Bth~r~ed ~g~nt or the OGCMpants of the owner;S shofHemP1aca.tlon rental uriit or their ~ue~ts. (Ord, QS;,212. § ff; 2015) s.Go.oso Permit r.eqMlff~d~ A. TheoWIITl€:I' or owru•,1f's iif'MthorizM agent is re.quired.to obtrun ~ short-,.term vai;_-ati-on 1r'1HiJai pern11it and a b13;5ijn!:lss lrce:ns~ from th~ cifij1 b~fo-m mnt5ng oradv~ttisfng the .avaHabll!fy of a short=teirm vacatuon rental ll!flit. B. A short4erm va~tion. r~titfli permit sh-all b~ valid -fur l)ne e.at~m:il~r year from th~ dl~t~ of iSSU'<llflioo and must b@' renew~d anrMJall~t ther,et1fti:ir. c, ~ve.ry br,cjJf<~r st@:U ~nScurn thM ~ach :!iho.rt=trl':-rm v~c€!.1Jg,u renbl is r~gi~~red with-thfl, city prior Ito HsctTi'!g or adv~rtisJng ~aid property ·for f@:Ill D. Th~ r~quirem~frt fur a. rllorM@rm va~tkm rental p~rmit sh~lt b~ hlisfal:tl on the ~r;ty~f dur~tion ◊f th~ rental ,pe,riod .and not the st~tetl tim~ per1od of the ifes;ervatkn1.,. rent~(. or feasf ·~gra~m~nt {Ord. cs"' 'li'l ,§ lr i015) · §.iQ.(t060 Obtaining. imd renewing a shmt=term vacatfun r,erital pannit. A. the owner nr own:ar's ~mhorized ~gent must subrrdt the fuliQWing inform:at1on -0n ~ snort=-term· vaf;atio n riilnraJ permit ~ppH~atlon fo.rn1 provided by the c.itv: 1. Th~ mme,. addr~ss..:md tel~phone, number ofthiJtJ\\•n@r t.Jf the short.,term vacation ufmtall u~lt l. if applicabi,~~ the nam~, 1addr.ru.s and teiephon~ m1mber of the authorr:t~dl agent 9fthehwneff of th€Hhort='4Jffrn vac~aoiJ!i r.em~lunit . . 3 •. rhe name, add:resi.~m'i t~l!l!phan~ nttmb~rof a lot~I con:tact.pers,.m who .shallb~avail~bJ~ i4 hvu~ per clay~ sev~n d~s p~r we.ek for.th~ purpo~ig of r~p.oncling within 45 mitlute~ t~ Cil}i:r1p[~ints-rn,g~rdin,g th~ ron~Utlnn, Ol)(MI'itionl gf conduct of oceup~nts of :th~ ~hort=t@rrn · v~~ticm r:ent~d i.mit;0r their gue5-ts. · 4. The ~d~r:~:i~ .of the propg~d ~hott~te-m1 va~g:tv:on1 renmi lmit1 au int~m~t H~-tiflg sl~s forth~ stunt;.term vacatfi.oo recntid 1.mlt and .gJ! ti5tin~ m.umbers.. · 5. Thent1mber ,ofbedroom~in the short.-tenn va~&toon r>enwl u..ntt. ~. Acknowle:dgemem of ree~ipt of ftlet.1ty's "GO.Qd Neighb.or'' broc.hure,. ~~~!'levinfafffl:~Q~tOC-=ffl¥,rnUfi~~r•~Ae.a-OOOffi~OOOOij~~'3t'ct~ ~4.~in~fi!f tnm-(l~f~ _7; P.,jfl; own~.L$~0U Pir~Ei•EJ!f,il iJB.Bffi'UBCi ;r~Sp~ns~ li]F}IIT~. ivn§it;fi .$/n~U !i'cr~tiii th?.OtV1il1ii"s',fnt.en.t:t,o)gOOrtJi~ a shout~ietm:va~~it,Q~ r~n1ira~, itu~ nl:fmb@r'ot~_it!dri)oms 1U1eii~ \Noli: b~ :ieRt~d fo QVii?i'~i~r,U .~u~sts . ~rici t:~~ .. 2{)!;'~!?~.i~f tM 10·sVf1i~f5 t!Mtharlz~n §,!,tillt~E pt11iOrt@rtillmb!ir.; ~ID\l •rlf'thg 6m!O~tf~~saa-n$~ m~n§_hal] .!t/sn !bi' f:)!11,WJil~d l.;l~ ~@Ulv~m~dtQ l'l~] ]J'1g~ad~n~5 @a,cl,my~ei'~61nir;o!()lHt\t ~bufli111g ~r ~dO§!> Jh~ ~u&.~lifr,t)ir\ t~f2 ~BM:iifM&rm 1Ji'l~~ti~n!r@rattlt ~ S:Uti~ 6ifaiitDr1fo.rm~ttit,ri ili1$ thi; dht m~niilg@.r ~:r ,rf t~$1ga1~e d_Q?em~ r..e~~Oflroblv ri,~4;:~~arv fo !€rrumin~li~~r ~hi$ ;eh~rfi1,e[_ · ·· · · · · · · ·· · -· ·· · -· · · · · · · · · · · · -· EXHIBIT 2 B. · ArJJy fog for a :short~term vacation rental pemiit shall be established by r~olution of the-dty eouncH. C. Anyfarse statement& or fa lse irifom1atk.Jn provided in the applkaUon1 for a short-term vacation rental permit are ~rounds for denial of a permft{s)1 permit revocation a!'kd/or imposition of pemi!ties as outlined in this chapter. o. A shott0 term vacation rentai p~rmit a-pplk~tion may be denied ifthe OINnei has ha.d a pritirsh--ort~ tt}fm v~t{!tion r@ntal permit. r~vok@d within th~ past ~36 ca!ench'tr montlhs for the Stirna or other short-term VllCition rnntat units. . . E -Short4erm va~atfoo rental permltho-ld~rs mutt t~mptywtthth~ pY6v~Tons of Carfr.ba-d Municipal -Code Chapter 3.12 regarding the e-onection ~nd remitm.ne:e of trans,-ent occupancy tar.~s and the co:llection and reoiittanee of Ch~pter 3.37 regarding C~rlsbad Tourism and Buslness Improvement Distriet assessments. Failure to cmnp ly with these proviiior-is mav result ln revoe~tion oh short~ term va•c;atkm rental permit. A broker -that tolli;cts any n~venue from arra,ngtng or Hsting a, short~ term re.~tal Unit shall hav~ primary responsibility tor co lleding, paying and transmitting a,JI r~v.enu~s due to the cit,/ pursuant to this section. (Ord. CS~212 §· 1, 201.S) 5.60.0'70 Operational ,~qurr.errumts~ A. The own~r imd/or owoer"'s authoriz©d asent sh~H use ire~on,ibt~~ prudent business practi~s to @nsure tniit the shQrt4erm vactttioh rental tH11t is used in-~ rnfllnner that cornpHl'!s with af:l app'lh:able laws, rules ind rnguiatfo,ns pertaining to th~ use and oc--cuparrcy of the suf.>ject shorMe.rm vacation rtnrat w;ft. s. While;,; ll-hort-=tem1vatatklt1Fent~l urHt is r-ented, a local contact p~rson shall be ;g.vail~ble 24 hours pi!rr. day, sev~n days per week for the rmmose of rnspot,ding withrn 45 minutes to C{>mpl1:!ints rngQrd1ng the ctmdition, operation; or comfuct of occu.pants of the shorM-erm vacattori nmtail unit or their gue·sts. C, 1he o'l.•.meror owner's authori2ed agent siiall po-st thi: short.a:term vaµitton rental permrt on Ure e>..1'etior of the unit within plain viawfor the general pliblft with the 24'-hour; seven~day local contact phone ltlumber for complaints. The perm rt shall: be displayed at all times the unit is _usedl as a sJi11ort- term vacaiion rental. · II)"; The own1ir or tM owner's iuthoriied ~gent sh~II, upon notiflc-atlon that eny occupant or guest of the shorM~rm vaca-Hon rcmtail unit has crMt~d unr~~sonabli nols@ or disturbi'rnces:, engaged fn disord~ray conduct, or committ~d viofi:f!tions of ~ny 11pprk~ble liw, ml@ or r~gulatlon p~rutining t.o th~ us~ and occupancy .of the shorM€rm vai;:ation rental unit, respond i-n ~ tirMly and ii!pprnpriat~ manner to immediately halt or prevent a recurrence of it.1th eonduet. Fail um of the own~r br th@ owner's authorJ;;;ed agent fo respond to such (:alJs or complaihts regarding the eonditiofi, (lp~ra.tion, or condll . .H:t of the occupants ~md/or guests of the short-term vaeatkm rental in a timely and appropriate mariner sh~ll ~vbject the owner to aH administrative; lega f and equitable reme,:Hes avai labte to NJe city:. E. The owner and/orr the owner's atithorizedi agent shall use reasc;mably prudent bm.iness prattices to enstJre that the occupants and/or guests of the short,-term vac-atlon rental' unit do not create unreasonable noise or disturbances~ engagie rn disorderly tondutt, or v[olate any applicable law, rule or rngulation pertai'ning to th~ us~ and occupancy of the-subjlf!tt short'4erm vacation rental UEllit. f:. No amplifi@d oir tepmduc~d sound shall be used outsid@ or audible from the property tin@ of any short4erm vac11tion r,u1t~l unit bii!tw~en the-hours of 10:00 p.m, an:d 10:00 a.m. G: rhe own;er and/or owner's aMthorized ~gent ~h~ll ustf rnasongbly p-rn.ldent lm.sJneli-s p.ractioos to en.surie that the ~hort-t~rm vacation rental urtit is used! for residential purpose¥ only, CoJrumerda! ai.tMtJe,S: Bf_llfsp~:ciai ~ve_O)~_s. indudifl~ b~L£fl~t itooJK.~d ~,O:,,J.lileddungs,_recepti.M$ ao.d Jami: Pl3rties an'! urnhibute_t;L Ali c•«:CL.1.Q,:.rn1ts of tha shpibterrlll vacati_pirn ie!ffi.t.Eil sh~JJ be ni:iHfie_ol __ oi the p:fohJbfafon 11 ii" ?LI. ?01 Q If-a m ff1 'J D-:>no 111 ,..-f '.2 C:: ~gai!l§{ (;Q,lU}IJ}~rdai :~~h./lt1.a\j1ll"iOf (,µJ -i!],e ire~e:ru'atftrti,i -~~mat (l,;f lease. a11»d 1ii-aid-~ttJhibl:t~kiri shaOf b~ ~ aartPf <Im,:r~ntal 01: leas-e~gr~rement. it"L frlci-r to PC-C!Jlf,11a11cy of o shoit-terrr1 Vf'H;at!on rental unitl furg owner or the owroe(:fauthoriied ,agent shall: 1. Obtain the t--ontact inforrriafi)Jin ohhe r_enter. 1. !Provide ;i co,1iy ohhe t1Good Neighbor'1 brodum~-c-ont<11injng-these. requir!i!me,ntsto the renter. 3. Requtr~ th~ rent®rto @X®CYt~ ~-foirm'Nf ,ad!{ltO'\tJl~dgm@nt thHt ni!li o:r sha-is l~g~Hv.r€sponsib!e for comµlianc-e by ~H 0-cc-upmtts of th~. short~term vac~tion rnm:a! tnflit ~nd their;uests -v-.!th ain applicflble la.vi~, rn1~ ~od r,~gt:1:!~tion.s pell¼lining: to th~ l!.i~® ~rid -0c<:upancy@f the .stm~-t~nm var..ati~n rnntd tmit 4. The informgifon reguired Jn par.agrnphs .1 acnd 3 of this ~ubsijctkm shall b® maintained. by th~ oi..trner or tlhe owri e!F's .a uthtlrii;ed agent for g p:erfod of titre~ ve:-a~ -mid be ft'HH.ffe avl!Jl~bl~ upan r~quest to any· offic-er of the city respcms-1ble for the enfon:::em.-ent sr;,f a.nv pr!!Jvls1on of the municipal c.od.e or ?:ny other .appliel'!ble law~ rule or rl'Jgul~tkm pertaining to the Y5e a!id occupanof of tba .sh.ort=t-errn vat;illltion rental unit. t Tr.a:sh and refos~ sh@!f Mt l:!e !eft stored wlthin public vim'il, ®Xc~pt i:ll p-ropl'ilr oonta ine1rs f(}r th~ purpose of co!!ectitin :by itn;l1! cilt\f'S tmtboriLerl 'J.'\ltl_ste Mtlle:r on sclrne.du-1,gd. traslll .·C,O llill:!ttf.on day~ . .J. ~H .n(tu~in~ ®nd:iMesfa.sh..'lll.-to 'imfl ~il'e€'t~n ~t~nr r;-a~sib~~. M\;ill'z~ ·F.!ifu/ ~n=sll{! ~~t!'d!'.'tl~ .aif th~ s1rnofi4.i~rm v~~tfan r~ntah~1nd ¢1VOfd tls1rltang on fi~@rby_ ir®si~ntr.a~ ,sgr~~~, On=sl~® parking sh!illl bf! ailoi,'lf~d Ofl ap:prove.t.ll driv~way~ g~rag:~ ... 11nd/or tiilrport a mas onty. Parr.'\1ng of ov~r=sized veihitJ-e...s mu~t oom,p!ywlthffi~ provfs!mis,ofS~eticm 10;.1110.:1~0, It Th-~ oombijr of oce~n.u; allow~d t-0 occupy iniy giv~n ~hiort~term vae~tion rnn~t-tmit simH b~ limned to, tvm p~Qple p~r bedmom .o!f ,tYdio plus one person per l!Jlilit. L Th~ dty .manager, or d~fgnee,1 ~hall. h~ve the a.uthoritv to impo~e additional c:(irndftioru ,cifli th~ u~ of any gweri short~t-erm vacation rental yrnit to ,ensur-.a that qny potentiaU sa.-condtuy effatts 1mique to the subject shortAerm vacatku, rntltai unit are avoided or adequately mitigated. NL The owner or owner's atrt:hori24;id agelfilt sJ1eil po-st th$ cur1rent si1uQrt4~rm vacatitm rent-a! pertTii1t number on or in any .advertlsemeillt appear1ng tn ,my 'iNritten p1ubliCtition or on MY WIElhsitfl that promotes the availability or existence of a short-term wcation r-enta! tH}ut. {Om. Gm.271 §-l, 201.5) 5.60.80 Pen;;Jiltae-s ind f;f!n.forcement. A. Any p~rson viol~t!ng ~nv of th~ provisitm.H,fih1s: tlH1ptl!lr shlf4H b~ d~~mtd. guiHty of~-mrsd~m@~nor puntshtiblit plQt~uant to Ch~pter 1.08 or Ch~pt@r UlO.of this cothi. . B. In icldition to ~my p~rHt~ti~i imp.osed fHJif'SWHi't to Ch~pt~r$1,i08 gliJd 1,10 of this ei0d~1 tlm city mgn~g~r. or de~ignee, may imp,05,~ additkmat conditions on. the u~e of any shorM-erm vaQ!tton rental permtt pur${.l{.mtto Ser;:-tion S.60.070(t) abovf;; {rr ~usp.end <H" r{WQ~e a.nyshorMenn v.acati@n rem-a:! permit comm eniur-:ate. v,ith the :severityI}f the violatk>n(s).. Th~ i~_sutmce 1jcf tlitee· or mote a~mfr"rnfatr~tjy~~ntataon~ veriflabfe municiotii tode viiJl@tiorns o,r heating q)fficer.ol~ter.rri1iriatio..!J§ !::9)1~rning oermit reQt!iif~m1ents w~trhofi. ti .24=mo~th neriod shan ires111lt nn revoct'lfam ciift:J short4erm yabatlon rrental :omrmit. RevotC.iition is surt.'H€itf to a 50•dla:v prJorwritten notice: .mtll ~o cip(ii'ldt lf reauesuid ,.,viil1.ln t~n dtivs. Th~ ar;mea~ on:n:::~d_un~_s wlU oth:en.vlse follow thosa ,ournned ini,ttlapae,r 1.1-0 of thJs cod®. rn ttm~ ~vtlnt q1 u.~tmPt r~voc_tYf!OE'i, ~n til2;1Qlit>fili:l~n, to !f~~s~bla_sh ~~~~o~~t~rm i.i~Catson _§'Mt~J ®t th!? SlJbJ~C~-Qt<.'.i!Ot~rtv sht1~l not il.)t! @:k~~~[-~ol_;fqlF a l)Jinhti~t't'I! pigriod of}6 am9rtM. c. !txt~pus otf'H1>f\•11se prnvidmd, ~nforc~m~nt ohhis ch~pt@r i~ at th~ ~t,l~ di~crntlon of the ptrsons f!trtholiz@:d to ~nforte thi~ chapter. N~thing in th~ chopter ~ha!l ,eregt~ ~-r.ight or ~ctkm in 1u1y- p~r$m1rng~tn1t the dty or its agents for cl.;;ima_ge$ or to c;1;mwe'f :p1~blk enfoi·temimt of this cha·pter ~g3inf;.t private p1.u1i~s. EXHISll.2 D P:ursmmtfoSub~etioh :t08.fl10{Q oHMs coeh~; each and every day during afly pertron of whkh arty vfolation of this code or any other ordinance of the dty is committed, contirmed or permitted shall he a S'eparate -off ens~. E. 1n accordance with tha provtsJons of Section 3.36.040, the owner of a shorMenn vacation rental may be billetj for raw enfotc~n,,imt Sl"!Nic@s when a second orsuhsequMt po!iee response is requirt!lld at the short4@rm vat'dtion rnntt'll unit du@ to a p~rry when th~ police offic('lr det{?rmirHts th~t cont1rrnl'!d ~ctivity is a thre~t to the p~ace, h~~fth, s~f@ty or grm~rnl Wiglforn of th~ pubUe~ {Ord, CS•272 § r,, 2.015) 5.60.090 lnterpr!l1ltition< Thi:s chapaeir strnli be ooo~wed ltberally in ravor of r~gulatlon as det,ermh'1~d if n~c~:S:Scny and cJppropri1ate by the dtv manager fort-he publk protedion and welfare Jtnd ln or-de-rm ~tc-omplish its purpose and intent. {Ord, CS-.272§ I; 2015) S.G0.100 ComtttutioMtiity, !hmy sectttm, subsecth:m, sooterice, tliiiu.se or ph(.ll§e of tbis ch-apMr is for any· reason heid to be im,ci lid, such decision sha fi riot afft'¼Ctthe. \iaJidit.y of the rfnn~imng po r'tk;i ns of this ehapt€!f. Th~ dty co Lff1 c-il dedares that it would have adopt@d th~ chapter ~nd ~ach siction, subs@c:tion; s~ntenc~, dause or phr'3se thereof, inre-5p~ctiv® of the fact thiti!Uny om1i or morn s~ctions, subsll!ctions, sent-@nces, dai:t:S:~s or phrnscs be d~tfaired fnVi'Jlid. (Ord. cs~in § I; 2015} Ir rl" ?Ll 'J()1 R Ii-a..,.. :H1 ') Carrie Bowen From: Sent: To: Subject: Hi Carrie, !!I .. Wednesday, June 20, 2018 2:55 PM Carrie Bowen . .. i!i EXHIBIT 3 . ---.----l!!!!i i!! .. --::~. ----- I just wanted to update you/inform you thatthe STVR@ has not yet place.d a sign in the front yard/window indicating they are a STVR . .Have they been notified, and/or fined for non compliance? Also, ! .now prior t . . the previous owners selling the prqperty last year there were .at a minimum some major renovations to the-kitchen. Thfs occu_rred in summer of 2017. I checked with the building division arid the only permits for the property in se_mi-recent years was in 2013 to demo a pooJ, and 2005 for a new roof. Is there a w9y an inspector cali go to the property to verify whether an as-built permit is needed? Ori · a r~lated note there has not been much of a change on how the owne'rs have been running the STVR since I initially notifred the City. I am still texting them about tenants that do not fallow the ho.use policy, antj/or comply with the good neighbor ordinance. There are also general quality of life issues that tjo not necessarily warrant notification to the City, or .ownen, .but effect rnywide and I none. the le.ss, Th'ese are items relating to qeing next to a vacation home that is constantly booked and always has some sort of noise/activity outdoor:s.:I get it, but I po .not like this occurring at our expense. Uterallyevery other household ih o_ur neighborhood is qu.iet, which is what drew us to purchasi'ng-a hqme ih this neighborhood approx. 3 years ago. It would be great t0 get s-ome sort of compensation for 0ur inconvenience; -but J know that1s not in the cards (Is it?}. ram awar:e of the ordinances the City has regarding STVR, and Rnow that owners can. be·fine-c;I an_d even have their p_ermit taken away. However, the ct1rrent policy still le·aves much of the onus on the owners. It [eally is ,on them on how they run the SlVR. This i_s due to what I feel are week policies/ordin.,i;nGes that c1;1rrently do not give the City much power. I would like to see much stricter po lid es on the City's end to enforce what goes on in these STVRs. Here are a couple of my suggestions: -Homes cannot be purchased for the sole purpose of a STVR. -STVRs cannot have tenants until the Gty has awarded a permit -Owners pay a fee to the City to help offsetmsts·ofadditional police ca-llsto these properties. -Have a ~ero tolerance policy on owners. Meaning when any of the applicable ordinances/policies aren't enforced the owner is-fined. There are no warnings. -Have a 3 strikes policy, where the third strike is re_moval of the-permit allowing forSTV[{s; -Limit occupancy of these properties to families/couples and not groups of people. This is a residential are-a after all and not Pacific Beach. -Have a zero tolerance policy; or ordinance indicating no parties, gatherings, or pets in STVRs I am not nai've in understanding things change, and people need to adapt. But Ure City should too, There .needs to pea more effective way of dealing with STVRs than what the City is currently allowed to do based on current policy/ordinances. Ideally I would like STVRs removed from the City all together. A second best option is allowing them with strict policies/ordin;;inces to keep peep.le accountable. l would also be open tp meeting in person to d_rscuss these items with your tjepartment, a City Council member, o_rthe mayor. On a relat_ed note the house on the other side of our pmperty is currently on the mtirket. The address is . I am concerned that this place might also become a STVR. Is there anyway to pr:event this from happening, if an application comes through? I think if we had q STVR on either side-of us we WOtJld move, which we realJy don'twantto do. 1 • 1 •• 1 •• --,11 ...,n-1 n n ..... ----1 -, _.,c -, i:- • k. Ker~ Je~1se · Fre-m: Sent Cc: . Subject Co:undl Int~1Mt Email Mond~Y1 JtJly 16, 2018 S:;03 AM Kerry Jezis~k F\1\/: Protect S~n Diego-from Commercial Short-T®rm R~ntil!fj From; Tamara Dixon [mallto:Tamara.Oixon. Sent: Saturday, Ju1y 14, 2018 9':30 PM 'fo: Council Internet ~mail <CityCouncil@tiJ'l:shadca.gov> · Subject: Protect s~n D,~go from Comm~rcl~l Short.;.T!'i!rm R@...ntals -!iii San Diego is a city ttiat st~ni.litogether. Vvhy', tile.ni-are v.ra alkiwing eommerciat s~orMerm rental hosts il:o grab hold of our c&ty = increasing housing ¢.Qsht and making our street$ less safe for {;:hildren? Tht1 safety of San Diego's kids depends on the City Council supporting Mayor Fault.oner's platJsto rnstricHhe pr!(l!clatory · practices of eommereio;l hosts th~t am rep.facing cHJr neighbors with revolving doors of strangers in our e~mmuniti~s. W-e · need smart, ne·w rules that \'vm ~!low everydiw short-term rental hosts to augment their ineome1 whri~ p.reventfng.· eommerei~I real ~state companies from buying up th~ city's i'lfforctable housing, Our cJcy.,,.jpopu.tar-..v~catkmde.Str:naUon~ have made· it a-target for out-oMown; short~term rental investors that s@ek to rnake a profit at the exp_ense ofS.an Dieg:rts fomnlies. We no longer know our neighbors, the cost of living is skyrocketing and the fal,rk of our communities is· befog t()f.i't apart. We are cc,H,niting ,on the ,c:ify Council to stand with Mayor faukc:mer; and support his plan! We must protett ourdty's con:irnurai:ttes by jolnlrig hirn in restricting the mega I hotels. that jeopairdize the safety o.f our kids!. San Die~o Js rnu:nttng on these badly=ne@d~d rul@s that ar~ j~st common siilnstt for our city. By .supporting the m1:JVor's . plan, we can m~ke Sam Di1.¥go's neighborhoods stronger, safer and better for all our residerm ;,md vasitors. Regards., Tt'lmara Dixon 1 l11lv 'JLI. "Jn1 Q 1-t-arv, #1 'J D-:,rro 1 Q rvf :1 C From: Sent ('b~ Subject Co•undl lif'lterhe.t Email Monday; J~ly 16, 2018 9206 AM Kerr)' J~:zi~~k IA\'\!: fimtect:San Oi-e~o from Com1narciai Short-Te.mi Rentals from: Holly Andenon [m1Jilto:HoilyA11d~rson. ~nt: Mond~y, July :rn, 2018 7:09 AM 'fir. Coundl ~ntermrc EnuH! ... .,cityOOtmdl@ea.r!sbad~.ge:rv> Subje~t Prnt-et'.~ S{!n :Olego fronc1 iComm~.rdai Shr.nt..:.l'erirlfi Rent-g~ san 03~-go ts; a city th~t $!ands tog~th~r. Why, thenJ cife we m!iowlng txrmm@r<ilai shorM~m, f'.€iitaf hosts m grab hold or our city= intreasili'lg housfni .costs .and making c,u1r str~;ets ress safe for c-hifdren? Jhe sa'f~ty o.f s~n Dl~gr-/s Mds depends enthfE Citv Co·uru:·H svipparting Mllyor :J;€luico"ers :plt1n~ tofe~trret the ttrediltory pr.act4ces of eornmerda. I hos-ti. th~t .g:fe rieplacing-0 ur neighbor{. with rev0Jvfng-do1Jir$ of s,trang.e:rS: in ou_r ci0mm.unities. Wrt need sma1t; n.~w m~~ Uuit wm allow everyday :s,h~1rMerm r,eotal hosts to a1Jgfl'!1;1nttheir income, white previnrtrig cornmerdal reg! e,i;tate eo~1r1panles from buying uµ the C'ity's affordabbrU1ousing. Ou 1r city'~ popular v~c-atkm ll'iesfoiiatlons have maaa-nta.targ~t-for out#of=tow11, short-term rnntal investors that se:ek to maktnq.lrGfltat the-~xpense of San Pl~g«;ls,familm$. We no lon~r kru>W our n~igh~ort:1 tit~ cost of li'iring 1~sIDJr-tn;keung and the fubrk of our c-ommunltie-s is helog tom ap.art 'We am rn1,mting :(jfi the ,cJtv Co:JJr11::il 1t9·:st:and with Miwl,'Dr fauloom:~r, and support his prani W€ mt~5t pr.ut~cit ourdtr~ eommurdtnes by joining linim in re..strictlngU11ij mega! hot~Jnha-tj~opardlz~ the s-afoty ofour Mdsl San ,Die~a is cou~tiirrg on thts!fil badly=ff'll}ed~d mfes that :!'irn Ju~ commoin ~ttn~e f:0r .our tit>/, By iu:rp;porting t.h:a mayor!s plan, we can milk~ Stiin m~go's n~fghbmhood~ strong~ll'; taf igr •l.H'!d better f11r ~ II our rnsi=den.ts and visitor~. l«lg,\l:irds1 '· HoHy A~d~r~QO. Ftom: Senti Cc: Coundl Internet Email Monday, JtJly 16, 2018 9-:07 AM K~rty Jeilsek · Subject: FW: Protect San Diego from Commerdal Shorn-Term Rentals From~ tou HerrrtH~rii [nniilto:lou.H~rmrinJ Sent: Monday, July ltfl, W18 7:10 AM ·ro: Co!Wlncil lritiemet Email <CityCouncil@carlslnid.~.goV> . Subject: Protect San Diego fo,m Commerdal Sh:ofteTerm R~ntals, DearCountH Member Packar<i1 San: Olego ns a clty. tJtatstands t:og@th~r. Why~then, are vi:e allowing commercial shorMerm rental hc:i.sts to grab hold of our dty ~ ili1treasmg housing costs il!nd making our streets less safe for children? The safety of SimDlego's kids depends on the City cmmcU supporting MiWo•r raulconer's plans to restrict the prodatoay practices of commercial hosts that are replacing 6ur neighbors vvith revoMng doors of strangers in our oommunitie.s .. We needl smart, new rules that wull aUow ~veryday shorMen'}fj rental hosts to augment the1r income; white preyenting. · commercial real estat~ companies from buying up the dty's afford!'lble housing. · Our dty'Sp•op'trlatvacadon de~tinet,ons have made it ;1 targetforoot~of=to;,.~.1n, short:4€1rm rental investors that seek to make a profit at the expense of Sao Die~o1s famili@s. We no longer know our neiShbors, the e-ost of living fa sl<ymcketing and the fabric of our tommunf.ties Is Ming torn apiut. We ar,e co1,mtlhg on ti1e City Council to stand with Mayor Faulconer, a_110 stDpport his plan! We must protect our dty~s· ,cornmuniUes by joining him in restricting the iU~al hotels thatje·opatclize the safety of our kids! San Diego is counting on thes@ badly-n~ed6!d mies that am just common s~nse for our cfty, By support-Ing th~. n'HlVOr's pl~n, we e~n mi'llc~ s~u1 Diijgo's ntighborhood~ stronger,; s~fer t'llnd better fur ~II our residents and visitors, Regards, Lou Herman 1111" 'JLl 'Jn1 s:i It-om :ff1 'J July 16, 2018 Ms. :f(eny Jeztsek Housing &; Neighborhood :Services Code Enforcement Oivi-sion RE: Short=term \/.~cation RentijlS in Carlsbad Whtl~ I understand and support the restriction of erntire hous~ rentafs in our Carlsbad neighbl)rho.ods, I do-rr't agr~e wtth fe$trktlng a homeownet from re:r1t.h1a out a bedrQom rri their personaf residence while they are present I support restri,cting whole hous-~ renta1$· to ihort term tenants. Unfortunately, with the proliferation of citil.itre rtntaJ sttes -and h1;gh rents in the beach and city' areas., investors have purdi§"sed h@mes for short term rentats. Thr:s ha.:s mad~ h-0mes more expensive and prevented -fa.rrdtias.-from purchasjng or rerrting homes in the -~rea. The end resu~t is i;i decrease inthe peaceful enjoyment of one's home imd the loss of bohesiveness in a neighborhood a-rm:mg neighbors .. I would asl< the City Council to c.ensid~r an imendme;nt p~rrnittin1 short term rentals of a bedroom in a princip~I residen(:e (of .no mor~rtban 4 bedrooms)' when the homeowner is prese.nt. This would ~erve the due. I purpflS:e ot fn-creastng Qty TOT revenue and allowing homeowners extra income without negatively impacting residential neighborhoods. An .argument could be rnad,e that thi~ would make housing costs more t1ffordlibfe for homeown~rs or renters and ali-ow th~m to ~tay In the. Carlsbad ar~a. Ho.me sharing with the· host pres.ent, address-es· most qf the concerns i,f noise, loud music, late night parti:es, tr~sh, etc~ from inconsiderate guests. 1 •• L . ""'11 "'\n'1 n NOTlCI! OF VIOLATION . . . . , . . July 3, 2018 R~.: 3478 Roo5~VeJt St, C~rl$b~d. CA (A~N:·J04t12130t;J) Case Number: cc2013.,32330 Offteer-: Kerry J~1sek Oe~r MOOEE DAVID J&J.ACQUEL-INE M TRS:. This property appeared In ai review of onUne shm-Merrn v.ac~ti(}hl! r~ntai rnstrng~. Aot}ordung to avair:~bJ~ r~cor.d~, . . . --:. r·.too Sa -(j\11,1 er O oth@r thl@ffifil!M,J · ''ffy ·@-ar·'j· -t-'•."g --·-,o -a.4 yotHVe ii~ --a -.Ji -. fl -_r ---. . -----~ pan f_ g -·-o.n.g llL pr_ P~ t}I'. Th~-Clt:v would like to avoid taking any furtMr actions and requests youtcoOp$rafion in this matter. By actitti ·immedi~t~ly tti ~orrect th~ viol~tio,11{s) mii~nmoo.d, you wifi avoid furth~r ac1ion by th~ City, - Faliure to ~orooctth~ vioiations b~tow may resutt ln :~rt Adn1lnistrative Citation for~~ch vtolation/perday, crfmlna.l prose.aution, c1vil inJunctio-nr administrative abatement, r~n,ocattorn of permits, irecordataon of not«(;~ c.if viotatlon, r~rordatfon of cerfifici;;}fes of nonc--Ompllance and wlthhotding <t'>ffuture municipal permits. r Violalion #1: I l r I ;I l ,, ! d:i_;,g ~ Cod~ See-tlom CMC 5.60Jl30 = S:hort'"'tetm V.:i~~fici.n r~ntaJ~ . . [· Shortt4iiirm vac~ion rental$ which cmTiply VL.~th the mq!Jir~m~nt~ of this iJhapter ~re permU:letfonly lin ffie. ootii-.'iil zon~ ~nd fo th~ l~ Costa Re~mi and Spa_ Ma~ter Pl~n,a.re,llf, t~ in(dt:sdeJl'l~ 13f;llf?o~ 'and :Corte~ buildings io~ted ~t 2003 and 2005 Costa Del Mar Road. {Ord. 'CS-291§ 2, 201~ Ord..-.CS=2.7-2 §= I, 20151 ~ 1 .• 1. • .,11 .,/"'\'10 ~- HOUSlNG & N~!Gl=l~ORHOOO SERVJC~S COOE. ~NFORCe:M~Ni IDfVISIO~ 12i:'!O C.11,ru.SBAD VILLAG!i !JR CARi,SB,~, CA 92llinU.'-v~9 MCGEE'. DAV!D J&.JlAGQlJl!UNe M ~ 3478 !RGOSENEL T ST CARlS~AD, CA !}2{1,{}il,.1iO~S l 111•1'1111,tU'l•1•1lilfnl'J1hhfhhHlllll11lll•1 •l1• ljfll?fr[ J.uiy 3, 2CH8 RE: Short .. term Ren.tat Violation at 3478 Rt;.oseve-lt st Carlsbadr CA Detir MCGEE DAVID J&JACQU.E41NE M TRS: C Cityof Carlsbad During the recent rexplos!on of onlfne vacation rental opportunities, many homeowners may be tma.war~ of t11e spectflc r@qulrements to· rent one's hafli"!e or portion of their home· for $hort:.t~rm ~i:lY$ (less than $0 .. days in, durnti:on). Your pr.op,ertv apoeared in a review of online listings where short=term vacation rentals are _not !2filr.ll ftte d, In Carlsbad, sh.ort-term vacation ffl:rttal~ ar~.pe-rmitte-d on-ty ln the c-oas~I zone or in the La Costa Resort and Spa Master Plani area (BaJboa and Cortez buiklin~s located at 2003 and 2005 Costa D~t Mar Roadi). Because your prop~rty is actively advertised as a shorMerm vaeatfon rental l•ocated outside the coastal zone you are in vrolation of the city's municipal c-0de and your immediate action is required. • Rer~1.ove an advertised listings noting your property ~$ a shori\eterm vacation rental • Cancel an vacation stays booked for less than 30 nights .·~. Remit the ,transient occupancy tax (iOT) due for all short term stays fr-om 07/01/2015 through present The estfmatedi amoufttt that you o\NS ts $1,382. Al.I payments can be made via cheek macfe payabte to the City of Carlsbad... . . . . . . . . •· Mail the TOT payment to Cfty of Carlsbadi STVR Code Enforc-ement, 1200 Car1sbad Village 'Or, Car1sbad, CA 92008 · [)lease 1:a..@ a · -re t'"."'.at skauJd ·you not com---1-· v./th th'-·e ·uest the cit · --ay· -u-,t e othe · e:n.to ·-eni. 'n·t -~·o ·: F , ____ f!.',,.._wa __ fL_ __ fL .. ·. --·-·-··P·Y --'-·-1sr_q ___ , __ yrn __ p _.rs_L_11_r _u1 1_rc _.,e €!1st1LflS. If you have any questions, please contact otfr Code 'Enforcement Office via emaiJ at STVR@carlsbadcaAaov. We are nappy to help, bring lodging businesses into com.p!ianoe. Since rel;-, Kerri Jezisek Housing Complianoe M~f:laget City of C~rh~bad STVR Ea,for~m~nt Division Mom,tn~ & Nelghlborirnod S~rvfoes -~20Q C~rl,sb.,.ufvmagi!'I Driv~ I t~tB$biildl~ CA 92.GO~ r 160~502·2103 t i 160,120~2°'37 fl \,V\VW.t~rl.sbadc-a.gov I, ,h, ":J/1 'J01 Q 0->nn T') ,...; ::l C 01l'lp~in Cottage lti C.~sbad Wla9a ~ \IR,BO VRBO' 1-l~ii[~Jf:Ezl~~~ {li.'t..~~i~wbe,!lQl'flll- (gt -~ -· tw ~t~-~~l\m:; S!oor~ 75(h:q,lt ~ 3 dl €t (1, Hatlilr,mrrl!; !,~),~~ Mlt,'lmMrG film• 'ii 0 3n~'hls W.ijlking df~n~~ tp,i,re,i~ ,md vitlat~,~lfrn~lg_t:ati:im. C~b.!; q-r,JJ~a~ tm,/1 l;..-%'rtim11 tmit c~nm;li.y l~bld an tlm eorWm!l'Vllhi.!lll.~11 ~f.i lmlf 6Q!ftfgl)ffi{lmf f1¥Kl!1g. AC j&futf ;friiWfo:rlli,.~ Vm."fi'lillfiiitilf d'~. \ihlkt:tb1ke riikfo.~i!- ,fin~--:i~ linll f~m'f)~ @de<:JU;ifh,rclo.s!i ill th!i wdi, ffunyfurni!:hcrl anrffnclud~ be-ach t.YU:i!f-5, beacli. ctiiliffl& urn!m:Jlil'S; l~'i=WlVr1!ro;,;d4!~ Md r'~~mlcW~ !J'ii11r~ith~ franMmY~ fi;ii.it';-~i:.>fi¥TI ~FQ!.';r,f,ii~k1ri(\l 3n~ IJSeof th~ re~r mfu!11~ Qlos,}tff M1irutkTru1il ~w~~fi. [)a\/Sd Mi:--G~ i~rrit1lr~~~!li7 ·R§;1<it;:.e-ra~ -:tJlO"~ $~ tm~t1s!i,51isrush hl1~seffW'l,Wi.V,~a.iiwnbi~~"~~·Q w-~~itrn~ 1,,-\fifo.in-A F'ewH~rw . C1fa,1~1llit1,J:,i~[~(il; .J1.1(:li612018 . OWMJ'ai'-"il~ l . ·"' .. roll ... . . ... . .., $122 ~,t'!ht "1rlrk** ~ w~~m11~ Q Ch~t;lda ff!! ; ct~k Qtit lffl l Gt!~ =-·-=-=-~-~'------.t!_i_, ~tbi;ruru;l[;m~1s1n~.s.~.21 Prm~lt:1007'1'.l9 l+orv> ff1 ') •--'·· ""'" , ...,,n-10 Cl·ty o·I Carlsbad Cc.astal Zone Lac-ation Map l+cm H1 'J ~ ·~,_ •• .. ' From: Hebron o. and R~be~' Si Burk~ 6537 Basalto· St, Carlsbad, CA 92009 To: :Keny Jezisek Houshng ():impJ;ianr~ Manager City -of ca rlsbad; SWR Enwr-c;ement DMskm Regairdlng tetter ofJltlv 3ril, 2013 Pleas"® ac@ept o!Jr aJJoiogie.s. fur our mis.un der~t..!n{ling,and v?ollatloo oftbese fl;f:W regulations. We onrv Ms~d this rental service (VR:S;O/Home Av.r.,y) very sparingly, once or twice-per year, to, hee.lp meet our needl for !.omeo-ne to be in1 our house when traveling -on.trips out ofthe regfon ot country. we:tra~cl int~r,natlonally on bu,uness and did no'twant It tt>$ltva,~.ni Jtis owr private· residence.,w~lo\t~()Ut-' neig,hbors and htn'liiee we wou,ld never d.o anything t-o lower the -q;uaiity of Ufe In ,our neighbmhood; Sugp$lion (Gr QUI,' aty:..one:att:mnf'.s 0,piilion ttis too bad that .such .sittmttons like ours (le ~ rentlng one's pri'itat:a residence when t..raveim1 OW!lt-(!; or twit~ per ye~r sQ it doe$ not .siit vacant) carun>t be a'llowed. i under.stind that ~lhort--t~rm rentals ln nrughborho-ods"' is a difficult issue. I too would not want a hom·e,in my neighborhood being usoo as a ufu,li time short';'term rental" with peop.l'e c.oming and going e.very few days Uke a hotel. I sttspect that 99% c;;f all problems and complaints ate generated :by suth "full time SlVft1 situations. lit is our hope,that ouir t'rty ;planners and city countH, might review the current policy so as to allow mor-e freedom. for 0]imited rentals of p1ersonal' resid~nces'' 'tike oursr as h;mg as there are no· ,complaints or p·robT~ms. This would anew more personal fre.edom for our cmienswhile still addressing the re~,! problems being . - (;aUSed by homes turning into 'ilote11' in neighbortu;u,ds. But now tf,;;rt we lll!'l!der-stand the policy more fully, we, wiU rf!isp:ect it W~ .ap-prncla;e o.urclty,,-o:tir · nei-ghborhood, OU.IF govemm ent cfficiats ~nd police who dQ $lien a greatJob aruf: make. Carlsbad a.i g~~t place-1to Hve... · Atta,hed us a ci-ie-~k for the r~quest~d amount of $1,440.00·fot the TOT Tax; We hav:e removed o~r advertised listing on the VRBO/Home Away We:bslte as riaquested. lrilv ?LI. ?01 ~ l+r"-m -1+1, rrnrm _ S-ent: To: Subje¢ . --·--.... ---------------________ ,, _____ · -------------·------------.----.··----------'iiiliii --------........... ----}!--________ _ Chtp fS.lU <d:ial[~,t'~lSb(1Jl!O'batoet> \f\fed~~d:~y. July 18. 2018 ttss PM Ke;TIY Jezfa,ek . !m.pro~ment~ to the Car.lsilntd Short Tijrliif'l iR,enitgl Ordtn-ainc-e l \V{mld Rik(.} t-0 submI't tile follo\'\ting mo;;dhlc~tfons to C:arlsbad~s Short Tem1 Rentm Or-dinan.ce for co11Sider-a1Uon at the nem ,ot,ty counsel meeting .illl order to nmp:tove ~d provide ~~ter benefit to the City· of C~rlsbzid~. hus».n~sses: in Cm>1sbad~ r~s.i.d~nts ,of C~rlsb~d nclghbod11.oo-ds. arul visitors ~:ho come to Catls:bacl O:i'n, va~tlou. or for busines$ ttaveD.. 1. Pc:~d the houl!ldrur:n f.r,r s:j,. ... t t~rm r~n1:als in riort!l.. Cm! ·bad fo fue Ro,'M':,".:;: 4111 a.tea ti!. ""fl: e--ncom ·.,, ss.,es ~X"'ll.4 . __ _, -.., .~.l!Vr .... _ ~·--· _____ u,il ____ JL ......... ~ .. L -""~---.. ___ .. u.m . ________ pa __ ~,,_, __ C'ad~bad vmiie Drive east to El C:mti1Io Real so that-the ariea for shorttem.i renw.Js is contiguous u1tl1 tb~ . il:Olffie.m and soU:tlliem bciar.d-e.rs of the Coast~ Zone fuit,t also 111se_.Bl C-.amimio Rt'lal :as di~ ~-astern -bordot~r. The ·• ,1,1\..' • l1. • ,If • 1 ·' '! , 'l..,,.11,,,.,11 .C. 11.. t .J<.,1 • .,_l ' il:"t~:Son tor •lll.iits llS t,ie..re ar,e niooy r-es.ff:µe!iit!la , prop,ertil.es JJJtn'tmtiy exo.iiuw.;;Y,,11 tJt.tH:11 :su.-:iort ernrl n,~11,1ins w. ~i.us. a.re.a. th.at are do,fie to -CMlsbad oosiRe-sses m the VillfIEe. These businesse~:s are ft,equented by visitors w~m ,wukll pmdtDce a posit! v,e ecirm.omfo impH<:'1 for Cm:lsbad bn~foesses.1 tbe dey of Carlsbad in botl11ttl}f-(;;~~ed local sales t,m;..-es prod by bu.sinessies a..nd·ocict,pancy taxes ·Collected by rem.al piroperties; as wen. a:s the JPOSitivie ecollilomfo iTI1pact fbr Carlsbad res:klmli:ts who are abk t,o pro::-vtcle :additlo,nm iucmne to ilheir famili~ 'Which they may in tmn --dl ·-ah-, ·-----· """-f --.,i,.• --·• · · · --•~e --: -;1-,,,. tt -~J i -· --· ---,;,1,;, -t ' · : th· · ... i:,, -{l.~1•~-$':--spen _ , m · e wmm,ii;UM ,)' Ol'. m~1ug lmpr,rJ ~-_ ,n:1,m~ JJ '141© r O'Nlm. prop1;h ties ,o l.nI_prove-_ 1~ qu~lj.Y th. ii,,,~ ,ol'. Cailsbatl iresidenls.. Tne.se ,economic. fact-curs based on p:mximity to foieru bush1e-ss~s s~m 10 n~ more sense &m using th~ water ta.bl~ ad strict Coastal Zone biJ\.mdaries to d~11snnitte the optimal location$ fur short term vac-atiOil re~tals.. 2. If the short term rmt~ bolllldar-y is mcrvgcl to, Eil Cammo Real in tllle no.rtthmn pm of C®rlsbad, code entbr-0e1l1ent ,viil b~ sli:rnplUil.}d. an.xi it \\\111 take less time imd efthd to foc~t~ Q'\)d.e ·ri:f;}!l~t-0rs tlnm s~vmg the City ofCarlsb..,d time ~n.d money. The cur.rem coastal map iudud,es a d:OZ@Ji1l or more boundary streets -ith .. :at mu~t be checked in order to -det,e.nnin.e -code comp]fance whkb could b~ a-eduoed to one street for all[ of l!1!0rtlhe-rn Ciilsbad whieh ,1vc.m.ld be El Camino Re.1LL -R,n· ! -• 11· •. v ._" ~-fill -1-AJi C. j,"; t :.1!. • 3. _ · Jiuiet uan reitn.ct .·us enure geogr-api,tc are@ t.rom ,ouenn,g ___ 'l:Ort teml. ti~ii~s ,1;01' :i:ei.,r t~at !JJiiey mlight b~eotne a fi'ijJis~ce to n@ighborhoods, @ddr~ss the m:na.Jl percentage of ex.ceptim1B tl:rat are pmbl~ntlS oi:-:u. a e~e by c~s.e basis. Soort t~rm :r-entru.s for res.!dences can be easily screened by propm,iji~ OWlll.,-<>rs, p1'ior to-booldn:g. The majority of visitors are fu..milies tba:t want to enjoy the area witll1 their children i!Il {ltder to visU the beimh and attrac1io:Els: Hk~ Legofo! __ ncl Larger gJOiUJPi .of people that ~xe hero to lb.ave a iJ;;ewey o.r e.-v-eut., c1m. !be referred to local hotels :s-o· thitt the hotels can benefit as Wii}ll bec~use th~y have th~ propwr mcilit~ to acoom:m.odate these type~ of tr-.a;ve]ern. 4. La&ly, pi~e consider-vmian.ees fn:r lhom~mvn~rs who Hve at the property and would.like to share their h.01nes w!t.b vi:Sitors. Th~r~ is a big w:fference in belmvioral actJountrtomty when bomoowner-s share .their homes with visitors-and are pr~nt m11 ilie property and y-00 curt.ail any ioud or boisterous w..":tivity compared with mve.stors who p1-i:reha$-e pr,c,pert[-e8 ro be rented \11tith no oveirsight or ac~,ountability. Also, many tirfl,vele~ prefer ptivate home experience foa quiet :nelghbo-rbood. where-mey can get to know the. Roda] rGBideJntis who ,can be mnba-ss~d.ors to the Gity, ratheli than feel isolated "•with little focal gmdance i:n a smai]l hotel room ,:;r two with travelers on ,either side t.bat, may be: tl1e:re to pa-r!y a.11d m~e noise difflllrbing their pea~ ruxd ft&ilfity to, ell.tjoy tbe vacation fut whlcb.Jhey 1ik~1y paid a considerable runmioo.t ---... n Item #12 Page 27 of 35 'fhaak: you for your ,c,onsid.emti-014 and 1 look forward to t'1i \Viul\¥in mooifkatio:11 so,h,tfom that \1v·rn beueflt the City of Carlsbad~ it~s resident popu1la1tiO•fl; husin~sses and nr-avelers !ill 8. \Vhole. July 24, 2018 Item #17 o---,.,.,... ,,.. - ORDINANCE NO. CS-338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 5.60 SHORT-TERM VACATION RENTALS, CLARIFYING AND ADDING REGULATIONS GOVERNING SHORT-TERM VACATION RENTALS. EXHIBIT 1 WHEREAS, over 1,100 short term vacation rentals (STVRs) are known to exist throughout the City of Carlsbad; and WHEREAS, STVRs can have a positive economic impact bringing additional income through tax revenues, and benefitting the community as visitors to the city receive reasonably priced accommodations and spend money on visitor-related amenities such as restaurants, shops and tourist attractions; and WHEREAS, short-term vacation rentals also have the potential for a negative neighborhood impact due to high rental activity and traffic, unfamiliar people coming and going every few days, excessive trash, parking issues and noise disturbances; and WHEREAS, the City Council desires to protect neighborhoods from any adverse effects resulting from the operation of STVRs and also ensure that the city collects transient occupancy taxes/Carlsbad Tourism & Business Improvement District assessments from STVRs; and WHEREAS, the City Council directed staff to return to the City Council in 2018 to provide an update on enforcement efforts and to recommend additional city imposed conditions of approval or restrictions if needed; and WHEREAS, city staff has provided the requested enforcement update and recommends amendments to the STVR ordinance to clarify and add regulations, based on enforcement experience, to ensure STVRs have the least negative impact on the community. NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Section 5.60.020 of the Carlsbad Municipal Code is amended to read as follows: 5.60.020 Definitions. . -.. -r,,,,t 0 "Bedroom" means a private room intended for or capable of being used for sleeping, separated from other rooms by a door, curtain or other entry way, Item #12 Page 29 of 35 1 Ker,2 Jezisek From: Sent: To: Subject: -----Original Message----- From: Linda Burton Patricia Crescenti on behalf of Code Compliance Tuesday, July 24, 2018 2:56 PM Kerry Jezisek; Carrie Bowen FW: Short Term Vacation Rentals Ordinance Amendment Sent: Monday, July 23, 2018 3:04 PM To: Code Compliance <CodeCompliance@CarlsbadCA.gov> Subject: Short Term Vacation Rentals Ordinance Amendment To whom it may concern, This email is to express my vote for changes to be made to the "Coastal Zone" borders. I believe it is in the best interest of the City of Carlsbad, Carlsbad Village businesses and the home owners of the Carlsbad area to expand the borders to include properties West of the 5 freeway. Unfortunately, the City of Carlsbad cannot accommodate all the people that want to come and visit our beautiful city. Thank you, Linda Burton 1 Julv 24. 2018 Item H1? n ----- Kerry J ezisek From: Sent: To: Subject: arcere.cedes Monday, July 23.,..2018 · 10:49 AM Kerry Jezisek . Re: STVR Ordinance Not so much concerned with number of these airbnb's as I am with policy associated with their operation As you are probably awar~, the folks maktng.use of these are not croncerned with neighhorly,acts as much as they are with merely having FUN. They will return to their probably quiet neighborhoods after having wreaked. havoc in our coastal community. We were Just hoping some noise policy would be implemented with these airbnb's. Sent from my Verizqn,.Samsung Galaxy smart.phone __ ...:. Original message ------- From: Kerry Jezisek <Kerry.Jezisek@cadsbadca.gov> Date: 7 /23/J,8 lU:08 AM (-GMT-08:OO} To.: arcerecedes <arcerecedes@aol.com> Subject: STVR Ordinance Good morhtng, Thanks for your-interest in this item. The proposed update qoe:s not entail limiting or l:ncreasing the number of STVR properties allowed is town. As requested f1 m attaching the agenda item -please give me a shout with questions. Here's the.link: http://www.carlsb.adca,gov/civicax/fUebank/blobdload.aspx?BloblP==364l3 And ... attached is the agenda packet for this item. Have a lovely day! 1 Item #12 Page 31 of 35 COLDWeu. BANl(eRl.11 To City of Carlsbad., GLOBAL LUX URY@ Alt Receive -Agenda tten; #.~ For the Information of tile: CITY COUNCIL A<;.f/J _;:!.. CA ✓ CC v Date~ c:M· { coo . v. CRAIG MILLER I REAL TOR I CalRE# 00804103 I am wriling in refere!'lce to city ordinance 5.60 short term vacation rentals. I have been involved in selling and renting properties since 1977 and feel its unfortunate to have this restriction on half of the ctty. Many people have bought properties to come and enjoy and rent out when there not there to cover the mortgage and many have purchased as investment long term to have as their nest egg to supplement when they retire and when this ordinance became effective 2 years ago it hurt a fot of people. Some people got extra money to survive tough times and others to help with the mortgages and now had to sell and loose there dream. What a lot of people that don't like vacation renta1s donJt realize is that the city of Carlsbad by having this ordinance has made the area that can do lt the properties are worth a lot more than the areas that cant. I have 2 listings for sale and the clients that are visittng come into our office in Carls.bad looking forn second home rental and when tlley. find .out tllat La Costa Ar-ea is off Omits·they look else where, where they can rent i(as they please. When the ordinance was passed 3 months later the city-amended in 2 condo buildings to do short term rentals they hit the lottery they had no competition except Omni La Costa Hotel that was charging 450;00 a night and the accommodations at the condo was far superior. The 2 buildings are getting 1, 75.0.00 a week and are booked solid and there just a studio condo or some that wer:e split to have a 1 -small bedroom. The selling price of units were bringing as much as 600-800 a sq ft where . other more desfrable condo developments in La Costa that cant do the short term rentals -are getting 300-400 a sq ft. hl,!ge difference. The single family homes c:1re worth far less also sq if people were educated of this I think they would change their view points. I have 2 properties that are far worse than you can imagine one has 3 barking dogs so you cant go on your deck or they will bark till you leave and at all times of the day and it's a condo . The other has 4 kids different ages and theres always parties and fighting and their dogs barking my tenants are ln and out because of t.hem I am lucky to get more than 1 year rental . ,so at least if you ~et a bad tenant at a short term property you know it will only be for 1 week or less and they never bring their barking dogs. MY Friend that works at Carlsbad Police Oept. told me 'they get very few complaints from the vacation rentals its mostly domestic complaints and l remember back when this a(I started the first city-council meetrng from the investigations on short term rentals that it should be allpwed city wide and the Mayor and city council had already made there rn:ind up to pick the worse scenario which was to not except half the city not fair all the other cities that put snort term ordinances in place make it city wide they d0nt play games-and-split the city with boundaries and then Jet others in that aren't in the area but then say nobody else can be amended in . Every attorney and people I have talked to say its not right and they woul.d lose in a court of law if fought. If the oity had good guide lines and rules with penalties and enforced them l think ft.would he a win win. 1 · have contacted Mr Barbaria and toid him i would equip the name owners with the contract and tools to do the business right so there wouldnt be complaints and I said l would do it for free cases 1 time a month and it should b~ mandatory before, the get there permit or license sJmilar to what car deaiers and other agencys have to do. By the way at the meeting the city manag.er asst.Mr Barbaric said there were only 5 complaints for the year for short term rentals they shouJd feel great other beach areas get that iii one day. So this is why I feel that all of Carlsbad should be able to do short term vacation rentals. Thank You Craig Miller Owl}ed by·a subsidiary of NRT LLC. \ July 24, 2018 Item :lt1? n----- Canie Bowen From: Sent: To: Subject: From: Patricia Kinberg STVR Monday, July 23, 2018 8:44 AM Kerry Jezisek; Carrie Bowen FW: Short-term Rental Violation Sent: Friday, July 20, 2018 12:53 PM To: SlVR <SlVR@CarlsbadCA.goy> Subject: Short-term Rental Violation City of Carlsbad Code Enforcement Office: RE: ShorMerm Rental Violation at ; Carlsbad, CA We are in receipt of your letter dated July 3, 2018. Sorry ittook us a whfle to get this written and taken care of. We were out of the area and then had a very unfortunate experience at our business with an emp.loyee and medical leave and our business bad to become our first priority. We were/are a little overwhelmed. We want to apologize as we have been under the impression we were part of the $an Diego County Short Term Rental group, We have been watching and listening aboutthe San Diego meetings and planning going on and thought we were in that group ·and we were waiting· the ruling which they say would take affect 2019. At this time we have adjusted our Airbnb rental to be for 30 days or more. If we quit our Airbnb short-term rental (2 days or more) i;lccount, this will severely impact our income. We started Airbnb as our inco'me and my Social Security is not enough to pay all the bills and rimintain our home. We purposely moved an office out of a bedroom to make our Airbnb room and spent a considerable amount of money to do this. Out of all the rentals we have had since we started 2/2017, there have been O rentals for 30 days or more. We are confused as to the line drawing for who can and Ci;Jnhot be Short-Term or long term. Who decided on this line, of who can or cannot be in East or we:st of El Camino? Who made this ruling arid who VOTED on it? We do NOT re,memberhearing about it or voting on it??? We know there are several Condo units EAST of El Camino R'.eal in the Lacosta area that are exempt. We would like to jo·in that circle of exemption as well. Our home is not that far-off El Camino Real and our home is in the Lacosta area of Carlsbad. If the resort can be exempt, please tell us how we get the exemption. If we need to file fora Var:iance or Special Permit we will do so. If it is a city license you need us to purchase and/or the TOT (tax) you need us to collect and pay, we can do that. We just cannot afford to not get a few short-term rentals to he•p us with our income for expenses. We are ALWAYS here and only rent out one room in our home. Can yo.u please help us here?_ You asked us to remit the TOT from 7/01/2015 to the present, which equals 36 months for $39Oor $10.83 a month. We did NOT do Airbnb in 2015 or 2016. We had our 1st rental Feb. 26, 2017. February 2017 to present is 17 months at $10.83 a month for a total of $184.11. We will be willing to send a check for that amount the first of next month When my S/5 check comes in . We hope this is acceptable. We look forward to hearing back from you in regard to all of the above. 1 lti:>m H1? Thank you in advance for your considerations and understanding. Sincerely., Art &Patricia Kinberg -·. -----·-------~- 2 Julv 24. 2018 \ l+am H1"J Kerry Jezisek From: Sent: To: Subject: tom freese < Tuesday, Jult 24, 2018 11:30 AM KenyJezisek For ~arlsbad City Council Meeting · All· flecei~ • Agenda Item # J2 fort:he Information of the: CITY COUNC1L A£¥£CA✓ cc.,,, Date~CM <. COO~ *Consider the recent San Diego Policy on STVR's )t looks very good to .us. *Carlsbad City Council needs to understand the very real consequences of both long-term and short-term health prohl_enis caused by the ongoing stress of Carlsbad residence living directly by ·a STVR. When a STVR is in a quiet residential neighborhood, as e5<perienced by us since last November, there is problem after problem ·after problem and ALL cause a greilt deal of stress for the people residing near the STVR prope.rt.y as-we certainly can attest to. All of the back and forth communication with the city, the owner and the neighbors involved is not only extremely stressful, but extremely time-consuming for all near a STVR. *In our opinion, there should not be any STVR(s) in a residential neighborhood unless the owner Ls present. *If STVR(s) must be in residential neighborhoods where should be: *A limited num.ber of STVR properties per square mile and none close together in the same neighborhood *No rentals sh9uld be for less than a week *Absolutely NO parties or any form of excess noise should be allowed *Talking in the back yard should not go beyond 10 PM *Since almost all the StvR problem arise in the evening or nighttime, Carlsbad should have a security team working during those hours so that residence having problems With a STVR could can at night and immediate action could take place. The Police are available for party noise, but not for things such as 20 people in a house that may only have 9 legally, talldng in the backyard until wee hour~, but not a party, cars parked all over the neighborhood, bright lights blaring, bands and/or music playing, etc ....... Carlsbad citizens should have a n.umberto cal'l with STVR problems 24 hours a day. *Avery stiff fining system is needed which acts rapidlyJor each infraction. After three in~ractions, the owner should not be allowed to have a STVR property in Carlsbad. *Immediate and strong black and forth comm.unication with those reporting infractions of a STVR to the City of Carlsba:d sho-uld be a m.ust. The person reporting needs to know that they are being taken seriously and what specific actions are tciking place. Sally & Tom Freese 1 I+--..,_ -U-'1, M_orgen Fry. Subject: Importance: FW: STVR draft ordinance High From: jes hinricf:is f mailto:i~ssiepontiac@gmail.com1 Sent: Monday, March 16, 20~ 12:57 PM To: Council Internet Email; Steven Didier Subject: STVR draft ordinance Jes Hinrichs 7127 Babilonia St. 92009 All Receive -Agenda Item i I For the Information of the: CITY COUNCIL ACM ✓cA V-co ✓ Oate1iijiio1r; Managor L. Thank you for your liard work to create an ordinance that will regulate SlVR's in the City of Carlsbad. I do not believe thaJ SlVR's belong in residential neighborhoods. Would you like to live next door or across the street from a home that rents to new strangers every 5 to 7 days? How would that affect your sense of safety and security? Do you know and.trust your neighbors? Doesn't that give you peace of · rhind? What if different strangers lived next door every week or so? Would you feel comfortable with that situation in your neighborhood? I'd like to commeht on several points in the new draft ordinance that is before the Council today. Chapter 5.60.010 The purpose of the regulations is to safeguard the "peace, safety and general welfare~ of the residents. However, the regulations do not address the issues of loss of privacy that homeowners must endure when strangers peer into their property (which is not against the law), and the reality that property values Will_ be diminished when a seller must, by law, disclose a nuisance to a potential buyer if a STVR near his property becomes a nuisance. Will the City be liable for any negative impact on property values? There is the loss of a sense of security that one has when living in an established residential neighborhood Without strangers ·coming and going to consider as well. Because the regulations are reactive to problems that arise, the homeowner living near a SlVR in a single family residential neighborhood has to suffer the consequences of bad brokers/agents/owners/tenants and wait for the issue to be resolved. This could take days or weeks or months depending on the respons·e time of the responsible or irresponsible parties. If there were no SlVR's in residential neighborhoods, that would eliminate this potential annoyance and inconvenience to t~e homeowners that live there. · Chapter 5.60.040. Permits. How is the City planning to notify au current SlVR owners/agents/brokers to inform them of the new permit process, business licensing requirements, rules regarding TOT and other regulatk>ns and how will the City -enforce th·e compliance? Nothing is mentioned in this draft ordinance regarding a plan to implement this process. Chapter 5/60. 070 Penalties. What will the. penalties be? How wiR they be collected? That is not addressed in this draft. They must be substantial, not just a slap ori ~he wrist Although this new draft ordinance does not mention .the California Coastal C_ommission, it is important to know that The CCC does not have to approve a Local Coastal Program amendment for STVR's that are NOT in the Coastal Zone.. Mahy residential neighborhoods are not in the coastal zone; therefore, prohibiting SlVR's in these neighborhoods would not tie a issue involving the CCC. A Local Coastal Program amendment would NOT be required to prohibit SlVR's in neighborhoods that are not within the coastal zone. I am not suggesting the STVR's be prohibited throughout the City but it should be noted that the Cities of Coronaqo, Hermosa Beach and Hunting-ton Beach do not allow SiVRs in their coastal crties. · Newer residential neighborhoods may have HOA's,that protect those communities_ from SlVR's by prohibiting them, but the older, more established residential neighborhoods do not. The new City ordinance must also protect residential neighborhoods from the invasion of SlVR's to preserve the integrity and safety of our residential neighborhoods. I strongly oppose SlVRs in residential neighborhoods in the City of Carlsbad. :" •; __ : 1-vell {:._· happy ;'-.:_:• peaceful. 1 Mayor Hall and Carlsbad City Council Carlsbad City Manager Steve Sarkozy 1200 Carlsbad Village Drive Cdrlsbad, CA 92008 March 16, 2015 I am privileged to have had excellent, inspiring community experiences provided by your leadership and Carlsbad City.Staff. To name a few in the recent.year: Citizens Academy; volunteer with Cultural Arts Office for Three .. Part Art: volunteer at Leo Carrillo Ranch; Tamarack Bluff restoration with the Parks Department; Business Academy and the upcoming Neighborhood Empowerment Conference; Dover-Kohl Village Master Plan design sessions and the CALTrans workshops on the freeway expahsion. All these experiences and many others are organized to develop-and maintain a quality of life for Carlsbad residents, Y-(Orkers and visitors as stated in the Community Vision.. As you are evaluating the concept of Short Term Vacation Rentals, please ensure that this will not be allowed in R-1 neighborhoods. Reasons for this include negative impact in our residential neighborhoods of increased traffic; consumption of resources {water}; promotion of transient population that is not vested in our neighborhoods; safety; peace and quiet that we all prefer when at home. Although I trust that there will be assessed charges to car-e for trash andstreet·maintena_nce. I feel that there is an intrinsic conflict with our efforts to empower responsible neighbors to help each other build stronger community with promoting short term holiday-makers. I remain disturbed by the Fischbdch property, 1274/1276 Pine Avenue, which was built with the intended use as multiple-units with a vacation .. rental profile. Unfortunately this developer lacks concern for the neighborhood and has not taken responsibility to grdde and landscape to be compliant and compatible with the zone. Let's keep Short Term Vacation Rentals in areas zoned for tourists and keep our neighborhoods connected with-civic engagement. We choose to live in single- family zoning and not attract more impact with traffic, noise, water use, safety hazards and transient population. Respectfully, Janann and Peter Taylor 1351 Pine Avenue To the members of the: CITY COUNCIL: .. bij/ CA~ JP ✓ Date 1 IS CM ✓coo_ July 24, 2018 . To: From: Via: Re: Council Memorandum Honorable Mayor Hall and Members of the City Council Gary Barberio, Assistant City Manager ..d.-1:) {\ . Scott Chadwick, Chief Operations Officer~ Responses to Questions from July 23 Council Briefings Agenda Item No. 2 -Acquisition of 2686 Alameda Circle {cityof Carlsbad Question 1: What was the original purchase price for the unit and how much equity gain · will the se!Jer realize? . · Answer: The original purchase price for 2686 Alameda Circle was $16{600; the home was originally purchased in 2006. The current restricted purchase price is $206,200. The seller will realize a total equity gain of $42,600. The seller must pay the full 6% realtor commission to the city, which is $12,372. Therefore, the selle_r will receive an estimated $30,228 upon dose of escrow. Agenda Item No. 6 -Fire Station 5 Storage Building Roof Note: City staff is recommending that this item be resche~uled to a future City Council meeting. Agenda Item No. 7 -Carlsbad Public Safety and Service Center Improvements Note: City staff is recommending that this item be rescheduled to a future City Council meeting. Agenda Item No. 10 -State Agreement for Federal Aid Projects Question: What were the specific changes to the Agreement? Answer: An Additional Material/Information Memo has been prepared and distributed to address this question. Agenda Item No,. 11-Trail Connectivity to Tamarack State Beach and the ADA Beach Access Study Projects Question: Will the contractor coordinate with the California State Department of Parks and. Recreation? Answer: An Additional Material/Information Memo has been prepared and distributed to address this question. Agenda Item No. 12-Short-Term Vacation Rentals Question: How many legally permitted STVR' sexist in the coastal zone? City Manager's ptfice r;+ .. 1-1,,.11 1 Jnn r:'lrlch:Clrl \/ill:Cli:rP nrivF> I f:arlsh~d-CA 92008 I 760-434-2820 t -Responses to Questions from July-23 Council 'Briefings··· July 24, 2018 ·, .. ; r:· :·-._· · ·_ . ·· · · ' ·:i .; .. =-~-=-\ -"'r.· . . .. Page 2 ,. I'.-, t:' ; . "' -,:,. . - Answer: According to the Finance Department, we have 257 legally permitted STVRs in the coastal zone; 118 of those 257 permits were i_ssued in the last year. _ Agenda Item No. 17 -TEFRA Hearing-6408 Halyard Place -Vista Las Flores Question: What year was the project built? Answer: Vista Las Flores was built in 2001, and satisfied the inclusionary obligation of the Mariano development. " cc: City Attorney City Manager City Clerk ., G 1 Ker,2 Jezisek From: Sent: To: Subject: -----Original Message----- From: Linda Burton Patricia Crescenti on behalf of Code Compliance Tuesday, July 24, 2018 2:56 PM Kerry Jezisek; Carrie Bowen FW: Short Term Vacation Rentals Ordinance Amendment Sent: Monday, July 23, 2018 3:04 PM To: Code Compliance <CodeCompliance@CarlsbadCA.gov> Subject: Short Term Vacation Rentals Ordinance Amendment To whom it may concern, This email is to express my vote for changes to be made to the "Coastal Zone" borders. I believe it is in the best interest of the City of Carlsbad, Carlsbad Village businesses and the home owners of the Carlsbad area to expand the borders to include properties West of the 5 freeway. Unfortunately, the City of Carlsbad cannot accommodate all the people that want to come and visit our beautiful city. Thank you, Linda Burton 1 :·t i iP,A..Cll:l~ QCE~•~t _,,...,..._..,-Mlle~ I 1· 1 I - \cument Path: J:\Regu!)sts2M0Plus\Llbrary\53"Zl)13;1_ 14\Ooastalz_pneBndy_slide~mxd --··•·' .•. -------------~·•--------~ --.. .......:.:-.~~ . _ .. -- \· \x \~ . \, \ \: ,·.: r ~-.:---~•-:----:=·' 0 'X\c~tWa~ . ·~ ·. '::::-._ A • sl p (f :Sc ;ir (( l •"· ·.di C ·-~ ("Q C ,+-J 0 0 ~ Q) •i.......t 4-J -0 u u (lJ > ~ U') 4-ro ·-~ ..0 ("Q Q) ~ ( -Q) u ld u 0 ·; C ~ -1-' ~ -0 CL) E ·-C -0 ro ~ E Q) 0 U") I .+-J OJ a ro 0 u I -a -1-' ·-u ~ Cl) Cl. V) u ::J QJ ro tl.O s...... - \ I I C Q_ ro :J ro ~ C ..r::. 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I . . • Schedule new ordinance for City Council " ··consideration in April/May • Policy in place for summer 2015 ,. • Return to City Council in one year with update .. I • I ~ • • '·· . --WWW .. / '' •,;,..• .. (: -,....,...,, -.-------; --- {' city of Carlsbad 11