A. 
The purpose of this chapter is to establish regulations for short-term vacation rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the City of Carlsbad by minimizing negative secondary effects related to short-term vacation rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse; and to ensure that the city is collecting transient occupancy tax pursuant to Chapter 3.12 of this code, and the Carlsbad Tourism and Business Improvement District assessment pursuant to Chapter 3.37 of this code.
B. 
This chapter is not intended to provide any owner of residential property with the right or privilege to violate any deed restrictions or private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this chapter. Short-term vacation rentals are not permitted in dwelling units that have deed restrictions for affordable housing purposes or have other city imposed conditions of approval or restrictions which prohibit the use of said dwelling unit as a short-term vacation rental as defined herein.
(Ord. CS-272 § I, 2015)
"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, having at least one window and a closet/storage nook and accessible to a bathroom without crossing into another bedroom.
"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. Time-shares as defined in Chapter 21.04, Section 21.04.357 are not considered short-term vacation rentals. Accessory dwelling units and junior accessory dwelling units as defined in Chapter 21.04, Section 21.04.121, for which a building permit was issued on or after January 1, 2020, are not considered short-term vacation rentals. A trailer coach as defined in Chapter 5.24, Section 5.24.005 of this code, which is parked on the property of a legally permitted dwelling unit, is not considered a short-term vacation rental, and it may not be rented out for occupancy pursuant to Chapter 5.24, Section 5.24.145 of this code. Short-term vacation rental includes any 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.
(Ord. CS-272 § I, 2015; Ord. CS-338 § 2, 2018; Ord. CS-383 § 2, 2020)
Short-term vacation rentals which comply with the requirements of this chapter are permitted only in the coastal zone as defined by the California Coastal Commission and in the La Costa Resort and Spa Master Plan area, to include the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar Road.
(Ord. CS-272 § I, 2015; Ord. CS-291 § 2, 2016; Ord. CS-338 § 3, 2018)
A. 
An owner may in writing authorize an agent to comply with the requirements of this chapter on behalf of the owner. The authorized agent shall submit a copy of the authorization to the city during the initial permit and all renewal permit process(es).
B. 
Notwithstanding subsection A of this section, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or the occupants of the owner's short-term vacation rental unit or their guests.
(Ord. CS-272 § I, 2015)
A. 
The owner or owner's authorized agent is required to obtain a short-term vacation rental permit and a business license from the city before renting or advertising the availability of a short-term vacation rental unit.
B. 
A short-term vacation rental permit shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter.
C. 
Every broker shall ensure that each short-term vacation rental is registered with the city prior to listing or advertising said property for rent.
D. 
The requirement for a short-term vacation rental permit shall be based on the actual duration of the rental period and not the stated time period of the reservation, rental, or lease agreement.
(Ord. CS-272 § I, 2015)
A. 
The owner or owner's authorized agent must submit the following information on a short-term vacation rental permit application form provided by the city:
1. 
The name, address and telephone number of the owner of the short-term vacation rental unit.
2. 
If applicable, the name, address and telephone number of the authorized agent of the owner of the short-term vacation rental unit.
3. 
The name, address and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding within 45 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. 
An owner shall prepare an impact response plan, which shall state the owner's intent to operate a short-term vacation rental, the number of bedrooms that will be rented to overnight guests and the owner or the owner's authorized agent's phone number. A copy of the impact response plan shall also be mailed or delivered to all residents and owners of property abutting or across the street from the short-term vacation rental.
8. 
Such other information as the City Manager or designee deems reasonably necessary to administer this chapter.
B. 
Any fee for a short-term vacation rental permit shall be established by resolution of the City Council.
C. 
Any false statements or false information provided in the application for a short-term vacation rental permit shall be grounds for denial of a permit(s), permit revocation and/or imposition of penalties as outlined in this chapter.
D. 
A short-term vacation rental permit application may be denied if the owner has had a prior short-term vacation rental permit revoked within the past 36 calendar months for the same or other short-term vacation rental unit within the City of Carlsbad.
E. 
Short-term vacation rental permit holders must comply with the provisions of Carlsbad Municipal Code Chapter 3.12 and Chapter 3.37 regarding the collection and remittance of transient occupancy taxes and the collection and remittance of 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.
(Ord. CS-272 § I, 2015; Ord. CS-338 § 4, 2018)
A. 
The owner and/or owner's authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit.
B. 
While a short-term vacation rental unit is rented, a local contact person shall be available 24 hours per day, seven days per week for the purpose of responding within 45 minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests.
C. 
The owner or owner's authorized agent shall post the short-term vacation rental permit on the exterior of the unit within plain view of the general public with the 24-hour, seven-day local contact phone number for complaints. The permit shall be displayed at all times the unit is used as a short-term vacation rental.
D. 
The owner or the owner's authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner's authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental in a timely and appropriate manner shall subject the owner to all administrative, legal and equitable remedies available to the city.
E. 
The owner and/or the owner's authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit.
F. 
No amplified or reproduced sound shall be used outside or audible from the property line of any short-term vacation rental unit between the hours of 10:00 p.m. and 10:00 a.m.
G. 
The owner and/or owner's authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for residential purposes only. Commercial activities and special events, including, but not limited to, weddings, receptions and large parties are prohibited. All occupants of the short-term vacation rental shall be notified of the prohibition against commercial activities prior to the reservation, rental or lease, and said prohibition shall be a part of any rental or lease agreement.
H. 
Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent shall:
1. 
Obtain the contact information of the renter.
2. 
Provide a copy of the "Good Neighbor" brochure containing these requirements to the renter.
3. 
Require the renter to execute a formal acknowledgment that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit.
4. 
The information required in paragraphs 1 and 3 of this subsection shall be maintained by the owner or the owner's authorized agent for a period of three years and be made available upon request to any officer of the city responsible for the enforcement of any provision of the municipal code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.
I. 
Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.
J. 
All occupants and guests shall, to the greatest extent possible, utilize any on-site parking of the short-term vacation rental and avoid parking on nearby residential streets. 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 Section 10.40.180.
K. 
The number of occupants allowed to occupy any given short-term vacation rental unit shall be limited to two people per bedroom or studio plus one person per unit.
L. 
The City Manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated.
M. 
The owner or owner's authorized agent shall post the current short-term vacation rental permit number on or in any advertisement appearing in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit.
(Ord. CS-272 § I, 2015; Ord. CS-338 § 5, 2018)
A. 
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor punishable pursuant to Chapter 1.08 or Chapter 1.10 of this code.
B. 
In addition to any penalties imposed pursuant to Chapters 1.08 and 1.10 of this code, the City Manager, or designee, may impose additional conditions on the use of any short-term vacation rental permit pursuant to Section 5.60.070(L) above; or suspend or revoke any short-term vacation rental permit commensurate with the severity of the violation(s). The issuance of three or more administrative citations, verifiable municipal code violations or hearing officer determinations concerning permit requirements within a 24-month period shall result in revocation of a short-term vacation rental permit. Revocation is subject to a 30-day prior written notice and to appeal, if requested within 10 days. The appeal procedures will otherwise follow those outlined in Chapter 1.10 of this code. In the event of permit revocation, an application to reestablish a short-term vacation rental at the subject property shall not be accepted for a minimum period of 36 months.
C. 
Except as otherwise provided, enforcement of this chapter is at the sole discretion of the persons authorized to enforce this chapter. Nothing in this chapter shall create a right of action in any person against the city or its agents for damages or to compel public enforcement of this chapter against private parties.
D. 
Pursuant to Section 1.08.010(C) of this code, each and every day during any portion of which any violation of this code or any other ordinance of the city is committed, continued or permitted shall be a separate offense.
E. 
In accordance with the provisions of 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.
(Ord. CS-272 § I, 2015; Ord. CS-338 § 6, 2018)
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.
(Ord. CS-272 § I, 2015)
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.
(Ord. CS-272 § I, 2015)