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HomeMy WebLinkAboutCC2024-0934 | CC2025-0573; Glenn Summer Homes LLC; 2025-0218586; Other8/8/25, 4:45 PM Batch 19658427 Confirmation RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad Code Enforcement Division 163 5 Faraday A venue Carlsbad, CA 92008 DOC# 2025-0218586 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Au·g 08, 2025 02:22 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $44.00 (SB2 Atkins: $0.00) PAGES: 11 (Space above for recorder's use) CODE COMPLIANCE AGREEMENT CODE CASE: CC2024-0934 AND CC2025-0573 APN: 155-180-3600 PROPERTY OWNER: Glenn Summer Homes, LLC THIS CODE COMPLIANCE AGREEMENT and any addendums ("Agreement"), effective as of the date last executed herein, by Glenn Summer Homes, LLC ("Property Owner"), owner of real property located at 2375 Jefferson Street, Carlsbad, California, APN 155-180-36-00 ("the Property"), and the CITY OF CARLSBAD (hereinafter referred to as "City") and sometimes collectively herein refened to as "Parties," is made with reference to the following facts: • RECITALS A. The Property is located within the Coastal Zone adjacent to the Buena Vista Lagoon, Tract 2, Laguna Mesa Tracts. The easterly boundary runs along Jefferson Street and the westerly boundary runs up to the center line of Carlsbad Road, a public use easement closed to vehicular traffic. B. City's business license history records and permitting records show that a business license and short-term vacation rental permit has been issued to the Property since 2021. C. A Coastal Development Permit (hereinafter "CDP") was issued in 1995 under application number 6-95-27 for the construction of a single-family home on the Property. A Hillside Development Permit was also issued in 1995 under permit number HDP 94-04. D. After obtaining the required planning permits, a series of post-entitlement permits were required to implement the single-family residential project, to authorize construction, install minor or standard improvements, and for excavation and grading on the Property: 1. A grading permit was issued under DWG 342-8A/HDP 94-04 and finalized in 1996. The grading plans depict a "turf area" in the current location of the unpe1mitted swimming pool and deck area, up to the westerly boundary of the property. 1 CA Approved: 7/17/25 https://gs.secure-erds .com/Batch/Confirmation/19658427 1/2 2. A building permit under CB95-0896 was issued for a 4,035-square-foot, single-family residence, 63 0-square-foot garage, and 1, 067-square-foot deck. 3. A building permit under CB95-1034 was issued for a 130-square-foot retaining wall. E. After completion of the single-family residential project, City received and approved the following permit applications: 1. A building permit ( CB03-l 677) was issued for a new water heater. 2. A building permit (CB06-1853) was issued for two solariums. 3. A building permit (CBR2020-1472) was issued for new roof-mounted solar photovoltaic. F. Sometime between approximately 2008-2010, a swimming pool and surrounding deck and patio were constructed in the rear of the Property by Property Owner's predecessor in interest without securing any planning, building, or engineering permits from City. Property Owner purchased the Property in 2021. The Property Owner asserts that its Predecessor-in-Interest did not disclose that the swimming pool and deck were constructed without appropriate permits. G. Development on the Property, including the swimming pool, deck, and patio areas, extends to the edge of the westerly property line, located within the Carlsbad Road public use easement. H. On October 30, 2024, after a complaint from a nearby property owner, City issued Property Owner a Notice of Violation under Code Case No. 2024-0934 for a violation of Carlsbad Municipal Code ("CMC") 18.04.025.105.1, construction of a swimming pool without a required building permit. I. Property Owner attempted to secure a building permit for the pool. As part of that process, City Planning staff communicated in a comment letter that a CDP would be required because of the Property location; however, such use and activity is not permitted within the public use easement. J. On April 28, 2025, Property Owner's consultant contacted City seeking to resolve the Code Enforcement Case with a code compliance agreement. K. On June 6, 2025, City issued a revised Notice of Violation ("Revised Notice of Violation") under Code Case No. CC2024-0934 for CMC Section 18.04.025 (105.1): Building permit required (building permit required for swimming pool construction). L. After further investigation, City determined that additional violations exist on the Property and issued an additional Notice of Violation on July 10, 2025, under Code Case No. CC2025- 0573. ("2025 Notice of Violation"). M. Property Owner agrees that it will remedy all code violations as set forth in the Revised Notice of Violation and 2025 Notice of Violation, with compliance actions outlined in the Mutual Agreement. In exchange, City agrees to the enforcement waivers as set forth in the Mutual Agreement. N. The Carlsbad City Council has determined that the enforcement of the CMC and applicable state codes throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life. CA Approved: 7 /17 /25 2 0. The Carlsbad City Council has detennined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with CMC, land use and state code regulations. P. This Agreement is being entered into after arms-length negotiations between the Parties, in good faith and in a spirit of settlement and compromise. It is based upon the information and facts learned in the course of enforcement efforts, investigation, uncertainty of litigation, costs of litigation and the desire of the Parties to reasonably settle the above-captioned code enforcement cases, as between themselves, on the terms and conditions set forth in this Agreement. All of the negotiations and c01Tespondence between the Parties related to the negotiation of this Agreement shall be deemed to be settlement negotiations and subject to Evidence Code section 1152. Q. By entering into this Agreement, the Parties desire to resolve those issues presented in the above-captioned code enforcement cases which are outlined in this Agreement. Prope1iy Owner voluntarily agrees to comply with: (a) the terms of the Mutual Agreement and remedy all outstanding violations referenced in the Revised Notice of Violation and the 2025 Notice of Violation no later than the expiration of the building permit and (b) any additional compliance deadlines, which are as of yet undetermined, and which will be included by any mutually agreed addendum(s) to this Agreement after submission of a CDP application. R. Property Owner agrees to execute this Agreement to provide assurances to City that Property Owner will remain in compliance with all applicable Carlsbad Municipal Codes, state codes and permit conditions, with the exception of the waivers of enforcement agreed to by City in Paragraph 3 of the Mutual Agreement. Property Owner understands that any remedy authorized by the Carlsbad Municipal Code would be available in the event of non-compliance with this Agreement. NOW, THEREFORE, it is mutually agreed by and between City and Prope1iy Owner as follows: 1. Code Violations. A. City's Revised Notice of Violation under Code Case No. 2024-0934 cites the following CMC violation on the Property: Section 18.04.025 (105.1): Building permit required (building permit required for swimming pool construction). B. City's 2025 Notice of Violation cites the following CMC violations on the Property: i. Section 21.203.030: Constructing a swimming pool and other development in the rear yard area of this "Coastal Resource Protection Overlay Zone" without a Coastal Development Permit, or CDP. ii. Section l 1.16.150(A): Placement of materials or obstruction of streets-- swimming pool, spa, structures, surrounding hardscape, and adjacent deck/patio are located in a public right of way/public access easement-Carlsbad Road-portions both inside and outside the property boundary line. CA Approved: 7 /17 /25 3 iii. Section 6.16.015(1) and (J): Specific conditions constituting a public nuisance (Any violation of municipal code deemed a public nuisance; violations of Title 21 deemed a public nuisance per CMC 21.62.010). 2. Property Owner now agrees to: A. Stop all use of the swimming pool and spa on or before June 30, 2026. Prima facie evidence of non-use includes de-watering and continuous closure of the pool and spa. Property Owner understands that re-filling the pool and spa and any continuing use of the swimming pool or spa beyond this date without city-issued permits is a violation of the Revised Notice of Violation and the 2025 Notice of Violation. Continued use of the swimming pool beyond this date is not to be construed as limiting the city's ability to enforce any state or local violations related to the swimming pool, in the event of a violation of this Agreement. B. Remove all advertisements of the swimming pool and spa being available for use on the Property after June 30, 2026. This includes but is not limited to vacation rental listings that contain photos or descriptions of the property; or longer-term rental agreements that contain a list of property amenities. C. CDP terms: i. No later than October 1, 2025, file with City two complete and concurrent CDP applications, which may require applications for additional permit types necessary to complete the CDP applications. The complete CDP applications must at a minimum remedy all outstanding violations listed in the Revised Notice of Violation and 2025 Notice of Violation by: I. Application I-proposing removal of the swimming pool and all rear yard development within the right of way/public access easement (Carlsbad Road-portions both inside and outside the property line) and in compliance with applicable zoning requirements, AND 2. Application 2--seeking authorization to maintain the swimming pool and other rear yard development within the boundaries of the Property. ii. Within 30 days ofreceiving any City comments on both sets of the complete CDP applications, resubmit the two sets of revised CDP applications and/or additional materials as requested. 111. Up to three (3) review cycles of 30 days per party per cycle to finalize both CDP applications. iv. Obtain all approvals and secure a CDP, ensuring that the permit is effective1 no later than August 10, 2026. v. Satisfy all conditions of the CDP prior to expiration of the building permit. The CDP will expire on the same date as the building pe1mit (August 10, 2028). D. Building Permit, Engineering Permit, and any other required city permit terms: i. No later than October 1, 2025, file with City two complete and concurrent building, engineering, and any other required city permit applications. The complete applications must at a minimum remedy all outstanding violations listed in the Revised Notice of Violation and the 2025 Notice of Violation, by: I. Application I -proposing removal of all improvements in the right of way/public access easement (Carlsbad Road-portions both inside and CA Approved: 7 /l 7 /25 4 outside the property line), including but not limited to the swimming pool, AND 2. Application 2-seeking authorization to maintain all improvements within the boundaries of the Property. ii. Within 28 days ofreceiving any City comments on both sets of the building, engineering, and any additional required city permit applications, resubmit both sets of such revised permit applications and/or additional materials as requested. m. Up to three (3) review cycles of 28 days per paiiy per cycle to finalize both building permit applications. iv. Secure all building permit, engineering permit, and any other required city permit approvals from City and pay for and obtain all such permits from City by August 10, 2027. v. Complete the constructive work to remedy the outstanding violations listed in the Revised Notice of Violation and the 2025 Notice of Violation and pass final inspection no later than the building permit expiration date of August 10, 2028. E. Execute an addendum to this Agreement to address all timelines for any additional permits necessary to correct the code violations on the Property. F. Use good faith efforts to comply with all future compliance deadlines set fmih in this Agreement or included by addendum(s) to this Agreement. G. In addition to City inspections specified in Section 6 below, after construction or work begins, authorize City to enter the Prope1iy for inspection purposes related to construction or work for which a planning, building, or engineering permit was issued. H. Obtain all required peimits from City prior to the erection, construction, reconstruction, installation, moving, alteration, or demolition of any building, structure, improvement, or development on the Property. Make no changes to the Property that requires a City-issued pe1mit, unless approved by City in advance by written permit or otherwise. 3. City now agrees, in exchange for Prope1iy Owner's full compliance with the conditions set forth in the Mutual Agreement, to: A. Waive enforcement for all violations in the Revised Notice of Violation and the 2025 Notice of Violation, B. Stay all deadlines in this Agreement pending any appeal of a permit or appealable action, with the exception of the deadline in 2(A) and 2(B). C. If Property Owner timely and concurrently submits two sets of all necessary permit applications to maintain and alternatively to remove the swimming pool and other rear yard development that are deemed unpermittable, City agrees to schedule any CDP hearing dates for an application to maintain the swimming pool and other rear CA Approved: 7 /17 /25 5 yard development prior to any CDP hearing dates for an application to demolish the swimming pool and other rear yard development. D. City will defer issuing any building permit until the co1Tesponding CDP application has been decided. E. If the necessary permits to keep the swimming pool and other rear yard development/improvements are granted, this Agreement will become null and void. 4. Closure of Code Enforcement Case. Code Case Numbers CC2024-0934 and 2025-0573 will be closed by City upon successful completion of the requirements in Paragraph 2 of the Mutual Agreement, and after City has conducted a final inspection and issued a report confirming that all cited violations have been co1Tected as required by all applicable codes and regulations. The terms of this provision do not extend to any other prior or future code cases associated with the Property, nor to any outstanding fines or late penalties associated with such code cases, nor to other outstanding obligations that Property Owner or persons or entities associated with the Property may have with City. 5. Continuing Compliance with City Regulations. Property Owner has voluntarily entered into this Code Compliance Agreement to co1Tect the violations listed in the Revised Notice of Violation and 2025 Notice of Violation by the dates set forth herein and will remain in compliance with all applicable CMC, land use permits, and related regulations. Property Owner understands that City permits and/or approvals may be required to authorize by-right land uses activities or occupancy of any building, structure, or land. Nothing shall authorize the intensification of the authorized land use and activity beyond that which is specifically described in any permit or approval granted. 6. Compliance Inspection. At the scheduling discretion of City and with reasonable notice to the Property Owner, City may inspect the subject Property during or following completion of corrective work to determine if Property Owner remains in code compliance. 7. Remedies for Non-Compliance. The consequences to Property Owner for non- compliance at any time during the term of this Agreement include, but are not limited to: Criminal prosecution, civil injunction, administrative abatement, administrative citations, revocation of permits, recordation of notices of violation and recordation of certificates of noncompliance as set forth in CMC section 1. 10.030. 8. Waiver of Right to Notice. As Property Owner and the responsible party for the stated code violations, Property Owner understands that they have the right to be served with a notice of violation, notice and order or stop work order for any violation identified in this Agreement, and has the right to administratively appeal any such notice and order or stop work order, and that they is knowingly and intelligently waiving those rights by executing this voluntary Code Compliance Agreement with respect to the issues raised in this Agreement. Property Owner hereby agrees that City may immediately pursue any and all remedies authorized by the Carlsbad Municipal Code, including administrative citations, to ensure compliance with this Agreement and to correct the code violations cited in this Agreement without further notice to Property Owner. CA Approved: 7 /17 /25 6 9. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the paiiy to receive such notice at the addressed set forth below: TO THE CITY OF CARLSBAD: City of Carlsbad Code Enforcement Division 1635 Faraday Avenue Carlsbad, CA 92008 Robbie .hickerson@car ls bad ca. gov TO THE PROPERTY OWNER: GLENN SUMMER HOMES LLC 1640 OCEANSIDE BL VD OCEANSIDE, CA 92054 5427 adam@beachfrontonly.com, and Development@beachfrontonly.com Any party may change the address to which notices are to be sent by notifying the other party of the new address in the manner set forth above. 10. Integrated Agreement. This Agreement constitutes the entire Agreement between the paiiies and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 11. Duration of Agreement. This Agreement shall remain in effect from the date of execution and terminate when the Code Enforcement Case Numbers 2024-0934 and 2025-0573 are closed, pursuant to paragraph 4 of the Mutual Agreement. This Agreement, and any section, subsection, or covenant contained herein, may be amended only upon the written consent of the Prope1iy Owner and the Code Enforcement Manager. 12. Recording of Agreement. City reserves the right to record this Agreement against the Property, which will run with the land, on notice to any and all future owner( s) or interested parties of the Property. Prope1iy Owner agrees to sign any document necessary for recording. If all conditions required of Property Owner have been met, City shall from time to time, and upon the request and at the expense of Property Owner, execute such documentation in recordable form which is reasonably necessary to show that Property Owner has met the level of performance as set forth within this Agreement, and such documentation may be recorded by Property Owner in the Official Records of the County of San Diego so as to not unfairly cloud the title to such Property. RELEASE PROVISIONS 13. Representations of Parties. The Parties each represent and warrant that they have freely considered, reviewed, and negotiated the te1ms of this Agreement, have had the opportunity to CA Approved: 7 /17 /25 7 investigate and discuss it with her/their legal advisors or have been given the opportunity to retain an attorney and investigate and discuss the terms of this Agreement with said attorney, and that all have signed it voluntarily. By voluntarily signing this Agreement, the Parties represent and warrant that they have relied on their own judgment and any independent legal advice they may have sought and not upon any recommendations or representations of the other or from any opposing attorneys or third parties. By voluntarily signing this Agreement, the Parties each confirm that they understand and accept the terms of this Agreement as resolving all claims known and unknown they have or might have had against the other. The Parties represent and warrant that they have the full right, capacity, and authority to enter into and perform this Agreement. Such representations and warranties shall survive full execution and performance under this Agreement. 14. Representations and Warranties Re: Claims. Each of the Parties hereto represent and warrant, for the benefit of each of the other Parties, that they are the owners of the claims which are the subject of this Agreement and that such claims have not been assigned, transferred or hypothecated, whether voluntarily or involuntarily, by subrogation, operation of law or otherwise, to any other person or entity. Such representations and warranties shall survive full execution of and performance under this Agreement. 15. Hold Harmless. Property Owner will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "lndernnitees"), and any of them, from and against all loss, all risk of loss and all damage (including reasonable attorneys' fees and costs) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to Property Owner's actions or defaults pursuant to this Agreement, and shall protect and defend lndernnitees, and any of them with respect thereto. This provision shall survive the term of this Agreement. 16. Attorneys' Fees. The Parties agree to bear their own attorneys' fees and costs associated with the Agreement. 17. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provisions, which shall remain in full force and effect. 18. Execution by the Parties. This Agreement may be executed by the Parties in one or more counterpmis, and may be executed on copies, each of which shall be deemed an original, and all of which together constitute one and the same instrument. 19. Electronic Record. The Pmiies may conve1i this Agreement into an electronic record. The Parties consent to and recognize the validity, enforceability and admissibility of such record, which shall have the same force and effect as the original Agreement. CA Approved: 7 /17 /25 8 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. PROPERTY OWNER, Glenn Summer Homes, LLC By ~~ (Signature Adam David Fischbach, Trustor Dated: CITY OF CARLSBAD B~,:=::'::::...----- (S1gnature) Robbie Hickerson, Code Enforcement Manager (Proper notarial acknowledgment of execution by both Parties must be attached.) APPROVED AS TO FORM Cindie K. McMahon, City Attorney By:ifV\~lA__ Marissa Kawecki Dated: ~ / {n { 1 5 City Prosecutor/Deputy City Attorney 11 Pursuant to 14 CCR 13313 (CDP permit regulations): 'The [Coastal Development] permit shall not become effective until 20 working days have elapsed without an appeal to the commission following the proper receipt by the executive director of the commission of the notice of permit issuance pursuant to Section 13316. CA Approved: 7 /17 /25 9 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. :::~o~~'ue~ 0 n \JJ..,v ~ ~ \ @::6E:> before me, ~~---=:..=....:=i--=:..=......:~L.___l__:=-~~-~-+-~V-µ...\~ ~Date personally appeared _,__,......,...,._.,..----1-----=--~""--'--'""""".......,_,,__--F--ll-..._.....,..~-1.,b<=~t----------- who proved to me on the basis of satisfactory evidence to be the person.K whose name~ is¾ subscribed to the within instrument and acknowledged to me that he/~/t~ executed the same in his~AJ;J(fr authorized capacity(~. and that by his~/~r signature(~on the instrument the person~or the entity upon behalf of which the person~cted, executed the instrument. 0 0 0 ••• 0 ·1 C. VASQUEZ NoL!ry Public • California : S.in Diego County -: Commission II 2501531 ~ y Comm. Expires Nov 2, 202! Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: _______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ o Partner -□ Limited □ General □ Partner -□ Limited □ General o Individual o Attorney in Fact □ Individual o Attorney in Fact o Trustee o Guardian or Conservator □ Trustee o Guardian or Conservator D Other: □ Other: Signer is Representing: __________ _ Signer is Representing: __________ _ 111~ 11:11ITT:o:oao:o:o:~oao:A:o:oooo:oso:oooooo~s:o:o:oo:~:o:o:o:o:o:0Bfflffl ©2019 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On August 6, 2025 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared Robbie Hickerson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I eJwJ2J£{lUL, (Seal) ········1 AM8EI\ DAM Not;iry Public • ullfornl• : San Dleto County ! Commission If 2'46683' y Comm. Expires Oct 17, 202 7