HomeMy WebLinkAbout2025-06-10; City Council; CS-494; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER 3.37 OF THE CARLSBAD MUNICIPAL CODE AND DISESTABLISHING THE FORMER CARLSBAD TOURIS...Exhibit 1
ORDINANCE NO. CS-494.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING CHAPTER 3.37 OF THE CARLSBAD MUNICIPAL
CODE AND DISESTABLISHING THE FORMER CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, the City of Carlsbad established the Carlsbad Tourism Business Improvement District
on Nov. 15, 2005 (Old CTBID) under the Parking and Business Improvement Area Law of 1989 (California
Streets and Highways Code Section 36500 et seq.) (“89 Law”); and
WHEREAS, Ordinance No. NS-778 enacted the Carlsbad Municipal Code Chapter 3.37 – Carlsbad
Tourism Business Improvement District, which codified the Old CTBID; and
WHEREAS, as the Old CTBID’s budget and capabilities grew, it needed a modern statutory
structure to allow for enhanced long-term planning and continuity of operations; and
WHEREAS, the City Council formed a new Carlsbad Tourism Business Improvement District on
April 18, 2023 (New CTBID) under the Property and Business Improvement District Law of 1994
(California Streets and Highways Code Section 36600 et seq.) (“94 Law”) as effectuated in City Council
Resolution No. 2023-118; and
WHEREAS, the New CTBID will continue to promote tourism and visitor services with Visit
Carlsbad as the contracted Owners’ Association as defined under the 94 Law; and
WHEREAS, as a result of the New CTBID’s establishment, the Old CTIBID wound down
operations and exhausted its remaining funds as of October 2024; and
WHEREAS, as a result of disestablishing the Old CTBID, Chapter 3.37 of the Carlsbad Municipal
Code will become obsolete; and
WHEREAS, the City Council has the authority to disestablish the Old CTBID under California
Streets and Highways Code Section 36550; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution No. 2025-084 (“Resolution of
Intention”) declaring its intention to disestablish the Old CTBID, repeal Chapter 3.37 of the Carlsbad
Municipal Code, and set a public hearing for May 20, 2025 at 5:00 p.m., or as soon thereafter as the
matter can be heard, at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; and
WHEREAS, in accordance with California Streets and Highways Code Section 36523, city staff
caused a complete copy of the Resolution of Intention to be published in a newspaper of general
circulation in the city, and within seven (7) days following the adoption of the Resolution of Intention
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furnished a complete copy via first-class mail to each business owner assessed within the Old CTBID;
and
WHEREAS, on May 20, 2025, a public hearing was held at Carlsbad City Hall, 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, where evidence, both written and oral, was presented to,
and considered by, the City Council during the public hearing.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2.That the adoption of an ordinance repealing Carlsbad Municipal Code Chapter 3.37 and
disestablishing the Carlsbad Tourism Business Improvement District established in 2005
is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and
15378(b)(5) as it can be seen with certainty that there is no possibility the proposed
action may have a significant effect on the environment.
3.Carlsbad Municipal Code Chapter 3.37, Carlsbad Tourism Business Improvement
District, is repealed in its entirety.
4.Pursuant to California Streets and Highways Code Section 36550, the City Council
disestablishes the Carlsbad Tourism Business Improvement District.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 20th
day of May, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 10th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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