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Home My WebLink About2016-02-23; City Council; 22213; Adopt Ordinance CS-291 Amending Carlsbad Municipal Code Chapter 5.60.030, to Allow Short-Term Vacation Rentals in the La Costa Resort and Spa Master Plan Area, 2003 and 2005 Costa Del Mar RoadCITY OF CARLSBAD AGENDA ITEM 7 ADOPT ORDINANCE CS-291 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 5.60.030, TO ALLOW SHORT-TERM VACATION RENTALS 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 ITEM #. 22,213 MTG. 2/23/16 STAFF: CLERK DEPT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance CS-291 to amend Carlsbad Municipal Code Chapter 5.60 Short-term vacation rentals, Section 5.60.030, to allow short-term vacation rentals 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, in response to a request from the Third and Fourth La Costa Condominium Owners Associations (Exhibit 2). ITEM EXPLANATION: Ordinance CS-291 was introduced and first read at the City Council meeting held on January 26, 2016. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance, or a summary of the ordinance, published within fifteen days, if adopted. On May 5, 2015, the Carlsbad City Council adopted Ordinance No. CS-272 which amended the Carlsbad Municipal Code by adding Chapter 5.60 Short-term Vacation Rentals. Chapter 5.60 established regulations to govern short-term vacation rentals (STVRs), including Section 5.60.030, which states that "Short-term vacation rentals which comply with the requirements of this Chapter are permitted only in the coastal zone." Ordinance No. CS-272 became effective on June 4, 2015. During public comment at the June 23, 2015, City Council meeting, property owners from the Third and Fourth La Costa Condominium Owners Association (more commonly referred to as the Cortez and Balboa Buildings, or the La Costa Chateaus) requested that the City Council revisit and consider amending the city's regulations to allow STVRs on their properties, which are located inside the main entrance to the La Costa Resort and Spa, but outside the official La Costa Resort and Spa Master Plan boundary, and, more importantly, outside of the coastal zone. In response, the City Council directed staff to work with the owners to provide information that would be helpful to the council in considering their request, and return at a later date. DEPARTMENT CONTACT: City Clerk 760-434-2808 clerk@carlsbad.ca.gov FOR STAFF USE ONLY. Item continued from 2/9/16 ACTION: APPROVED 0 CONTINUED TO DATE SPECIFIC ti2r- 2 /2 3/16 DENIED 0 CONTINUED TO DATE UNKNOWN 0 CONTINUED 0 RETURNED TO STAFF 0 WITHDRAWN 0 OTHER — SEE MINUTES 0 AMENDED 0 Staff met with association representatives on several occasions, and the owners' groups chose to pursue amending their Covenants, Conditions and restrictions (CCR). After conducting the necessary votes of their respective memberships, the Third and Fourth La Costa Condominium Owners Associations each adopted CCR amendments to expressly allow STVRs. The city subsequently received letters dated December 9, 2015, and January 4, 2016, formally requesting that the City Council revisit and amend the City's STVR ordinance in light of their adopted CC&R amendments. At the May 5, 2015, City Council meeting, at which the City Council adopted the current regulations, staff had presented four geographic boundary options for allowing STVRs. Three of those options would have allowed short-term vacation rentals in the La Costa Resort and Spa Master Plan area, including the Balboa and Cortez buildings, as well as in other areas of the City. The City Council adopted the most restrictive option, limiting STVRs to the coastal zone only. Staff has provided aerial mapping information that details the unique locational setting of the Balboa and Cortez buildings. Both buildings are located inside the main entrance to the La Costa Resort & Spa, are completely surrounded by the La Costa Resort & Spa Master Plan boundary, and are situated more than 1,200 feet from the nearest residential neighborhood (Exhibit 3 and Exhibit 4). The attached Ordinance would amend Carlsbad Municipal Code Chapter 5.60 Short-term Vacation Rentals, Section 5.60.030, as follows (additions shown in underline): 5.60.030 Short-term Vacation Rentals Short-term vacation rentals which comply with the requirements of this Chapter are permitted only in the coastal zone, 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. FISCAL IMPACT: Under Municipal Code Chapters 3.12 and 3.37, STVR owners/property managers would be required to pay the ten percent transient occupancy tax (TOT) and the one dollar per room per night assessment to support the Carlsbad Tourism & Business Improvement District, respectively. Under Municipal Code Chapter 5.60, STVR owners/property managers are required to obtain business licenses and STVR permits and to remit TOT and CTBID assessments, which generates additional revenue for the City. 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. Ordinance No. CS-291 to amend Carlsbad Municipal Code Chapter 5.60 Short-term Vacation Rentals, Section 5.60.030 to allow short-term vacation rentals 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. 2. Letter dated December 9, 2015 from the Third La Costa Condominium Owners Association. 3. Map of coastal zone, La Costa Resort & Spa Master Plan area and Balboa and Cortez building property. 4. Map showing distance between the Balboa and Cortez buildings and the nearest residential neighbors. I 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-291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 5.60 SHORT-TERM VACATION RENTALS, SECTION 5.60.030, TO ALLOW SHORT-TERM VACATION RENTALS 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 WHEREAS, on May 5, 2015, the Carlsbad City Council adopted 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; and WHEREAS, Carlsbad Municipal Code Chapter 5.60, Section 5.60.030 permits short-term vacation rentals only in the coastal zone; and WHEREAS, the La Costa Resort and Spa Master Plan area, as well as the Balboa and Cortez buildings, are located outside of the coastal zone; and WHEREAS, during public comment at the June 23, 2015, City Council meeting, property owners from the Third and Fourth La Costa Condominium Owners Associations (more commonly referred to as the Cortez and Balboa buildings respectively, or collectively as the La Costa Chateaus) requested that the City Council revisit and consider amending the city's regulations to allow short-term vacation rentals on their properties, which are located inside the main entrance to the La Costa Resort and Spa, but outside of the official La Costa Resort and Spa Master Plan area boundary; and WHEREAS, on June 23, 2015, the City Council directed staff to work with the owners to provide information that would be helpful to the council in considering their request, and return at a later date; and WHEREAS, the Third and Fourth La Costa Condominium Owners Associations have each adopted amendments to their Covenants, Conditions and Restrictions to expressly allow short-term vacation rentals on their properties; and WHEREAS, the Third and Fourth La Costa Condominium Owners Associations have submitted letters formally requesting that the Council amend Chapter 5.60 in light of those amendments. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That Section 5.60.030 of the Carlsbad Municipal Code is amended to read as follows: 5.60.030 Short-term vacation rentals. Short-term vacation rentals which comply with the requirements of this Chapter are permitted only in the coastal zone 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. 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. II II INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 26th day of January, 2016, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of February, 2016, by the following vote to wit: AYES: Council Members Hall, Schumacher, Packard. NOES: Council Members Wood, Blackburn. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney ATTEST: BARBARA ENGLESON, C. Clerk (SEAL) 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 12/10/2015 13:20 7608328263 E-y-hileitk- COOPER PAGE 02/02 THIRD LA COSTA CONDOMINIUM OWNERS ASSOCIATION C/0 CHAMPS/AAM 5731 Palmer Way, Suite B Carlsbad, CA 92010 760/603-0501 December 9, 2015 Jaeort 14a.bar Assistant to the City Manager 1200 Carlsbad Village Drive Carlsbad, CA 920061949 Dear Mr. Haber. The Board of Directors of the Third La Costa Owners Association (rt..c) specifically requests that the City Council revisit the requested exemption from the STVR ordinance for the Chateau buildings, and ask that the City Council adopt the desired changes in light of the CC&Ii amendment passed by the TLC membership. Enclosed, please find a recorded copy of the duly' adopted CC&R amendment expressly allowing STVRs at TLC. Sincerely, ken Schenck, President Todd Freuhauf, Vice President Roberta Murphy, Director Christine kwalc, Secretary Enclosure Ken Schenck, President Man Cooper, Director .,•91 At."'" • ".!"Ir urph. a rect Todd Freubau , Vice Prest Feb 051502:06p Third La Costa HOA Letterto City of Carlsbad 12/09/0 Page 2 Christine Kwaki Secretary Enclosure p.2 (_ City rlsbad of Ca BUENA VISTA LAGOO 5.1% rerric e California Coastal Zone La Costa Resort & Spa Master Plan Area PACIFIC OCEAN r - Balboa and Cortez Property Miles e Document Path: J:\RequestsMarch2015\CityManager\00014054_15 \LaCostaMasterPlan.mxd . . Morgen Fry From: Sent: To: Subject: Email regarding an agenda item. Council Internet Email Monday, February 08, 2016 10:33 AM Morgen Fry FW: STVR vote All Receive - Agenda Item .#-• For the Information of the: - CITY COUNCIL ACM V CA vCC V Date qi/Tic",- City Manager Original Message From: tracy teregis [mailto:tteregis@att.net] Sent: Monday, February 08, 2016 9:30 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: STVR vote My name is Tracy Teregis and I reside at 2720 Argonauta St. Carlsbad, CA 92009 I attended the last City Council meeting dated 1/26/2016 whereby I spoke in an attempt to demonstrate my dissatisfaction with the Council's decision to reverse their initial unanirnous decision to allow STVR's to operate outside the coastal zone. I am unable to attend the meeting tomorrow evening; however, I want to be sure that my concerns are heard. Below is a copy of what I shared at the last meeting with additional concerns. Please know that my position had not changed. City Council Members: To date this is my third time at this podium speaking out against STVR's being allowed to operate in non-coastal zones. Last May this City Council unanimously voted in favor of allowing STVR's to operate ONLY in the coastal zone. At this time, I represent a large majority of neighbors who want to keep it that way. We are planning once again to make noise, sign petitions, meet with city personnel. attend workshops, attend council meetings and show up in force to show our disapproval of allowing STVR's to operate outside of the coastal zone. Once again, we will go to the newspapers, magazines and news teams. NO EXCEPTIONS. As some of you may remember, my husband and I live next door to our neighbor who is currently operating TWO STVR's in our estate neighborhood. My husband and I are still opposed to STVR's period, in our residential neighborhood. It is still unnerving to not know who your neighbors are even if they are ONLY renting for 30 days at a time. We are still forced to deal with noise, security issues, decreased property values and an ongoing battle with our neighbor. I urge you not to allow for any exceptions. I can imagine that by exempting the two units in the La Costa complex that it is a pathway to others who indeed feel that their situations are equally unique. It will be a matter of time before the two units next door turn into a revolving door hotel! Thank you, Dr. and Mrs. Gregory Teregis 1 Date: -.Z (6 Distribution: City Clerk ____ Asst. City Clerk ,--- Deputy Clark Book Short-Term Vacation Rentals in the La Costa Resort & Spa Master Plan Area January 26, 2016 Short-Term Vacation Rentals in the La Costa Resort & Spa Master Plan Area January 26, 2016 Background •Adopted Ordinance No. CS-272 on May 5, 2015 •Municipal Code Chapter 5.60, Short-term Vacation Rentals •Effective June 4, 2015 •Prior to adoption, City Council considered four geographical boundary options for allowing STVRs !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSET TI A LNCA R L SBADBLPOINS E TTIA LN C A R L S B A D V ILL A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OL L EGEBLCANNONRD T A M A R A C K AV ELCAMINOREAL RAN C HO S A N TAFERDM EL R OS E DRAVI ARAP YPACIFICOCEAN BUENA VISTA LAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd •Approved STVRs in the Coastal Zone The Balboa & Cortez Buildings •The La Costa Chateaus •Third & Fourth La Costa Condominium Owners Associations •Two 48-unit condominium buildings •Inside La Costa main entrance, but outside of Master Plan area •Outside of the Coastal Zone The Balboa & Cortez Buildings CaliforniaCoastalZone La CostaResort & SpaMaster Plan Area Balboa andCortezProperty TAMARACKAV PALO M A R AIRPORTRD LACOSTAAV POINSETTIA LN C ARLSBADBLPOINSETTIA LN C ARL SB A D V IL LA GE D RCARLSBAD BL OLIVENHAIN RD ALGA RD COLL EGEB LCANNONRD TAM AR A CK AV ELCAMINOREAL RAN C HO S A N TAFERDMELR OS E DRA VI ARAPY PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles Document Path: J:\RequestsMarch2015\CityManager\00014054_15\LaCostaMasterPlan.mxd The Balboa & Cortez Buildings •June 23, 2015 –City Council public comment •Owners request amendment to allow STVRs •City Council directed staff to work with the owners, gather more information and return at a later date The Balboa & Cortez Buildings •By majority vote of the owners, both associations approved CCR amendments to allow STVRs •Both associations have requested that the city amend the STVR regulations, in light of their CCR amendments The Balboa & Cortez Buildings •Surrounded by La Costa Resort & Spa Master Plan •More than 1,200 feet from nearest residential neighbor ARENAL RD ALGARD COLUMBINEDRTANAGERDRTERRAZARIBERA REPO SAD ODRPASEOCANDELERO COTTONWOODAV GREENVIEWDR GALENAAV LA COSTA AV AMBROSIA LN CANNAS CT LOTUS C T MANZANITASTLILAC C T AVIARA PY SANDERL ING C T BIXBITEPLAMBERLN ASTER PL PACIFICORDVIACALAFIAMONT ANESLNCO RTE AZUL FER NPLGERANIUMST NAVARRA DRROCKDOVESTCOSTADELMARRDCA TA LP ARDSANDASTERDR ALICANTE RDADO L PHI ADRMURILLOLN SPOONBILLLN MIMOSAD R ESTRELLADEM A R R DPINTAIL D R ELCAMINOREALBLAC K B IRD CR BATIQUITOSDRA LTISMAWYALMADENLN SAC ADACRTERNPLDURANGOCR TORR EJONPLARENALLN ALTIVAPLCARINGAWY 1280 ft1280 ft 1570 ft1570 ft 1600 ft1600 ft 1630 ft1630 ft 0 500Feet Document Path: J:\RequestsMarch2015\CityManager\00014054_15\LaCostaAerialSlide2.mxd Balboa andCortezProperty La CostaResort & SpaMaster Plan Area Council Options •No action -STVR regulations remain unchanged, or •Introduce Ordinance No. CS-291, to amend CMC Chapter 5.60, Section 5.60.030 Short-term Vacation Rentals. Short-term vacation rentals which comply with the requirements of this Chapter are permitted only in the coastal zone, 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. !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSET T IA LNCARLSBADBL P OIN S ETTIA L N C A R L S B A D V IL L A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OLL EGEB LCANNONRD T A M A R A C K AV ELCAMINOREAL RAN C H O S A N TAFERDM EL R OSE DRAVI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOS LAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd •Option 1: Allow STVRs Citywide •Option 2: West of El Camino Real, and in the La Costa Resort & Spa Master Plan area, including Balboa and Cortez buildings !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSET T IA LNCARLSBADBL P OINS ETTIA L N C A R L S B A D V IL L A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OLL EGEB LCANNONRD T A M A R A CK AV ELCAMINOREAL RAN C H O S A N TAFERDM EL R OSE DRAVI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOS LAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSET T IA LNCARLSBADBL P OINS ETTIA L N C A R L S B A D V IL L A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OLL EGEB LCANNONRD T A M A R A CK AV ELCAMINOREAL RAN C H O S A N TAFERDM EL R OS E DRAVI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd •Option 3: Coastal Zone, West of I-5, and in the La Costa Resort & Spa Master Plan area, including Balboa and Cortez buildings CITY OF CARLSBAD city clerk -CU00469209 1200 Carlsbad Village Dr Carlsbad,CA 92008-1989 ORDINANCE NO. CS-.291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARlSBAD, CAliFORNIA, AMENDING CARlSBAD MUNiCIPAl CODE CHAPTER 5.60 SHORT-TERM VACATION RENTAlS, SECTION 5.60.030, TO AllOW SHORT- TERM VACATION RENTALS IN THE lA COSTA RESORT AND SPA MASTER PLAN AREA, TO INClUDE THE BALBOA AND CORTEZ BUilDINGS lOCAT- ED AT 2003 AND 2005 COSTA DEL MAR ROAD WHEREAS, on May 5, 201 5, the Carlsbad City Council adopted Ordinance No. CS-272, amending the Carlsbad Municipal Code by adding Chapter 5.60 Short-tenn Vacation Rentals., establ.!shing regulations goveming short-term vacation rentals; and WHEREAS, Carlsbad Municlpai Code Chapter 5.60, Section 5.60.030 per- mits short-term vacation rentals only in the coastal zone; and WHEREAS, the La Costa Resort and Spa Master Plan area .. as w.ell as the Balboa and Cortez buildings, are located mrtslde of the coastal zone; and WHEREAS, during public comment at the June 23, 2015, Oty Council meeting, property owners from the Third and fourth La Costa Condo- minium Owners Associations (more commonly referred t(> as the Cortez and Balboa buildings respectively, or collectively as the la Costa Cha- teaus) requested that the City Council revisit and conside~· amending the city's regulations to allow sllon-term vacation rentals on their proper- which are located inside the main entrance to the La Costa Reson an Spa, but outside ofthe official La Costa Resort and Spa Master Plan area boundary; and WHEREAS, on June 23,. 20"I S, the City Council directed staff to work with the owners to provide information that would be helpful to the council in considering their request, and return at a later date; and WHEREAS, the Th~rd and Fourth la Costa Condominium Owners Associa- tions have each adopted amendments to their Covenants, Conditions and Restrictions to expressly ailow short-term vacation rentals on th·eir properties; and WHEREAS, the Third and Fourth la Costa Condomlnlurn Ov..mers Associa- tions have subrn!tted letters formally requesting that the Council amend Chapter 5.60 in light ofthose amendments. NOW, THEREFORE, the Oty Council of the (]ty of Carlsbad ordains as fol-~~~~ - 1. The above 1·ecitations are tn.Hi! and ·correct. 2. Tl1at Section 5.60.030 of the Carlsbad Municlpa.l Code !s amended to read as follows: .5.60.0.30 Short-term vacation rentals. Short-term vacation rentals which comply with the re~uirernents of this Chapter are permitted only in the coastal zone and In theta Costa Resort and Spa Master Plan area, to include the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar Road. EFFECTIVE DATE: This ordinance shall be effe·ctive thirty days after its adoption; and the city clerk shall certify the adoption o( this ordinance and came 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 news- pape: of 9ene:ral circulation in the City of Carls.bad within fifteen days after 1ts adopnon. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th day of January, 2016, ami thereafter PASSED AND ADOPTED at a regular meeting of ti1e City Council of the C!ty of Carlsbad on the 2.3rd day of February,. 20"!6, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Hal!, Schumacher, Packard. Council Members Wood, Blackbur-n. None. None. STATE Of IlliNOIS COUNTY Of Cook PROOF OF PUBLICATION The Undersigned, declares under penalty of perjury under the laws of the State of California: That he/she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he/she is not a party to, nor interested in the above entitled matter; that he/she is Chief Clerk for the publisher of San Diego Union-Tribu111e a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instruction of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: March 3, 2016 I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated in the City of Chicago, State of Illinois on this 3nd of March 2016. Order ID: 4005406 Proof of Publication of See Attached ORDINANCE NO. CS-291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITI'' OF CARLSBAD, CAliFORNIA, AMENDING CARlSBAD MUNICIPAl CODE CHAPTER 5.60 SHORT-TERM VACATION RENTAlS .. S.ECTiiON 5.60.030, TO ALlOW SHORT- TERM VACATION RENTALS IN THE LA COSTA RESORT AND SPA MASllE:R PlAN AREA, TO INClUDE THE BALBOA AND CORTEZ BUILDINGS LOCAT- ED AT 2003 AND 2005 COSTA DEL MAR ROAD WHEREAS, on May 5, 201 5, the Carlsbad City Council adopted Ordinance No. CS-272, amending the Carlsbad Municipal Code by adding Chapter 5.60 Short-term Vacation Rentals, establishing regulations governing short-term vacation r·entais; and WHEREAS, Carlsbad Mu!nicipa!Code Chapter 5.60, Section 5,60.030 per- mits short-term vacation rentals only in the coastal zon1e; and WHEREAS, the La Costa Resort and Spa Master Plan are~a •. as well as the Balboa and Cortez buildings, are located oll1tside of the <:oastal zone; and WHEREAS, during public comment at the June 23, 2m 5, City Council meeting, pmperty owners fro.m the Third and Fourth La Costa Condo- minium Owners Associations (more cornmonly r·efened to as the Coutez and Balboa build!ngs respectively, or collectively as the la Costa Cha- teaus) requested that the City Council revisit and consider amending the city's regulations to allow short-term vacation rentals on their proper- ties, which are located inside the main ,entrance to the la Costa Resort and Spa, !Jut outside of the official la Costa Resort and Spa Master Plan a~·ea boundary; and · WHEREAS, on June 23, 2015,. the City Council directed staff to work \~Jlth the owners to provide information that v1ould be helpful to the council !n considering their request, and return at a later date; 21nd WHEREAS, the Third anCI Fourth La Costa Condomlnh.H11 Owners Associa- tions have each adopted amendments to their Covenants, Conditions and Restrictions to express~y allow short-term vacation l"entals on their pr rties; and W EAS, tllleTI"lird.;:md Fourth La Costa Condominiunl Owners Associa- tions have submitted letters formally requesting that the Council amend Chapter 5.60 in light of those amendments. NOW,. THEREFORE,. the City Council of the City of Carlsbad ordains as fol- lows that: 1. The above recitations are true and correct. 2. That Section 5.60.030 of the Carlsbad Municipal Code Is amended to read as follows: 5.60.030 Short-term vacation rentals. Short-term vacation rentals which comply with the requirements of tl1is <:hapter are permitted only in the coastal zone and in the La Costa Resort and Spa Mastet· Pian area, to Include the Balboa and Cortez buildings ftocat.ed at 2003 and 2005 Costa Del Mar Road. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city derk shall certify the adoption of this ord]nance and cause the full text of the ordinance. or a summary of the ordinance prepared by the City Attomey to be published at least once in a news- paper of general circulation in the City of Carlsbad with~n fifteen days after Its adoption. INTRODUCED AND FiRST READ at a regular me.et!ng of the Carlsbad City Council on the 26th day ·Of Januaiy, 2016, and thereaflter PASSED AND ADOPTED at a regular meeting of the City Council of the City ofCarlsbad on the 23rd day of February,.20"16, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Mernbers Hafil, Schumache1, Pad::ard. Council Members Wood, Blackburn. None. None. APPROVED AS TO FORM AND lEGAliTY: CEUA A. BREWER, City AUomey W,TT HAll, Mayor 4005406 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United Stat1:;)S and a resident of the County aforesaid; I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newpaper of general circulation by the Superior Court of the County San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 172171, 171349, for the County of San Diego that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to-wit: Mar 03,2016 I certify (or declare) under the penalty of perjury that the foregoing is true and conect. Dated at Chicago, Illinois on this 3nd day ofMarch, 2016 &1aly Gerard Legal Advertising This space is for the County Clerk's Filing Stamp Proof of !Publication of See Attached 4005406 Background •Adopted Ordinance No. CS-272 on May 5, 2015 •Municipal Code Chapter 5.60, Short-term Vacation Rentals •Effective June 4, 2015 •Prior to adoption, City Council considered four geographical boundary options for allowing STVRs !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV PO INS E T TI A LN C A R L SBADBLPOINS E TTIA LN C A R L S B A D V ILLA G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OL L EGEBLC A N N O N RD T A M A R A C K AV ELCAMINOREAL RANC HO S A N TAFERDM EL R O S E DRA VI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd •Approved STVRs in the Coastal Zone The Balboa & Cortez Buildings •The La Costa Chateaus •Third & Fourth La Costa Condominium Owners Associations •Two 48-unit condominium buildings •Inside La Costa main entrance, but outside of Master Plan area •Outside of the Coastal Zone The Balboa & Cortez Buildings CaliforniaCoastalZone La CostaResort & SpaMaster Plan Area Balboa andCortezProperty TAMARACKAV PALO M A R AIRPO RTRD LACOSTAAV POIN SETTIA LN C A RLSBADBLPOINSETTIA LN C A R L S B A D V IL LA G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD CO LL EGEB LCAN NON RD T A M A R A CK AV ELCAMINOREAL RAN C HO S A N TAFERDMELR OS E DRA VI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles Document Path: J:\RequestsMarch2015\CityManager\00014054_15\LaCostaMasterPlan.mxd The Balboa & Cortez Buildings •June 23, 2015 –City Council public comment •Owners request amendment to allow STVRs •City Council directed staff to work with the owners, gather more information and return at a later date The Balboa & Cortez Buildings •By majority vote of the owners, both associations approved CCR amendments to allow STVRs •Both associations have requested that the city amend the STVR regulations, in light of their CCR amendments The Balboa & Cortez Buildings •Surrounded by La Costa Resort & Spa Master Plan •More than 1,200 feet from nearest residential neighbor ARENAL R D ALGARD COLUMBINEDRTANAGERDRTERRAZARIBERA REPO SAD ODRPASEOCANDELERO COTTONWOODAV GREENVIEWDR GALENAAV LA COSTA AV AMBROSIA LN CANNAS CT LOTUS CT MANZANITASTLILAC C T AVIARA PY SANDERL INGC T BIXBITEPLAMBERLNASTER PL PACIFICORDVIACALAFIAMONTANESLNCO RTE AZUL FER NPLGERANIUMST NAVARRA DRROCKDOVESTCOSTADELMARRDCA TA L P ARDSANDASTERDR ALICANTE RDADO L PHI ADRMURILLOLN SPOONBILLLN MIMOSAD R ESTRELLADEM A R R DPINTAIL D R ELCAMINOREALBLACK BIRD CR BATIQUITOSDRA LTISMAWYALMADENLN SACADACRTERNPLDURANGOCR TORR E JONPLARENALLN ALTIVAPLCARINGAWY 1280 ft1280 ft 1570 ft1570 ft 1600 ft1600 ft 1630 ft1630 ft 0 500Feet Document Path: J:\RequestsMarch2015\CityManager\00014054_15\LaCostaAerialSlide2.mxd Balboa andCortezProperty La CostaResort & SpaMaster Plan Area Council Options •No action -STVR regulations remain unchanged, or •Introduce Ordinance No. CS-291, to amend CMC Chapter 5.60, Section 5.60.030 Short-term Vacation Rentals. Short-term vacation rentals which comply with the requirements of this Chapter are permitted only in the coastal zone, 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. !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSET T IA LN C A R L SBADBL P OIN S ETTIA LN C A R LS B A D V ILL A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OLL EGEBLC A N NO N RD T A M A R A C K AV ELCAMINOREAL RANC H O S A N TAFERDM EL R O S E DRAVI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd •Option 1: Allow STVRs Citywide •Option 2: West of El Camino Real, and in the La Costa Resort & Spa Master Plan area, including Balboa and Cortez buildings !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSE T T IA LN C A R L SBADBL P OINS E TTIA LN C A R LS B A D V ILL A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OL L EGEBLC A N N O N RD T A M A R A C K AV ELCAMINOREAL RANC H O S A N TAFERDM EL R OS E DRAVI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd !^ ?¸ CaliforniaCoastalZone TAMARACKAV PALO M A R A IR P ORT RD LA COSTAAV POINSE T T IA LN C A R L SBADBL P OINS E TTIA LN C A R LS B A D V ILL A G E DRCARLSBAD BL OLIVENHAIN RD ALGA RD C OL L EGEBLC A N N O N RD T A M A R A C K AV ELCAMINOREAL RANC H O S A N TAFERDM EL R O S E DRA VI ARAP Y PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON BATIQUITOSLAGOON 0 1Miles I Document Path: J:\Requests2010Plus\Library\5379132_14\Options_slides.mxd •Option 3: Coastal Zone, West of I-5, and in the La Costa Resort & Spa Master Plan area, including Balboa and Cortez buildings CITY OF CARLSBAD city clerk -CU00469209 1200 Carlsbad Village Dr Carlsbad,CA 92008-1989 ORDINANCE NO. CS-.291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARlSBAD, CAliFORNIA, AMENDING CARlSBAD MUNiCIPAl CODE CHAPTER 5.60 SHORT-TERM VACATION RENTAlS, SECTION 5.60.030, TO AllOW SHORT- TERM VACATION RENTALS IN THE lA COSTA RESORT AND SPA MASTER PLAN AREA, TO INClUDE THE BALBOA AND CORTEZ BUilDINGS lOCAT- ED AT 2003 AND 2005 COSTA DEL MAR ROAD WHEREAS, on May 5, 201 5, the Carlsbad City Council adopted Ordinance No. CS-272, amending the Carlsbad Municipal Code by adding Chapter 5.60 Short-tenn Vacation Rentals., establ.!shing regulations goveming short-term vacation rentals; and WHEREAS, Carlsbad Municlpai Code Chapter 5.60, Section 5.60.030 per- mits short-term vacation rentals only in the coastal zone; and WHEREAS, the La Costa Resort and Spa Master Plan area .. as w.ell as the Balboa and Cortez buildings, are located mrtslde of the coastal zone; and WHEREAS, during public comment at the June 23, 2015, Oty Council meeting, property owners from the Third and fourth La Costa Condo- minium Owners Associations (more commonly referred t(> as the Cortez and Balboa buildings respectively, or collectively as the la Costa Cha- teaus) requested that the City Council revisit and conside~· amending the city's regulations to allow sllon-term vacation rentals on their proper- which are located inside the main entrance to the La Costa Reson an Spa, but outside ofthe official La Costa Resort and Spa Master Plan area boundary; and WHEREAS, on June 23,. 20"I S, the City Council directed staff to work with the owners to provide information that would be helpful to the council in considering their request, and return at a later date; and WHEREAS, the Th~rd and Fourth la Costa Condominium Owners Associa- tions have each adopted amendments to their Covenants, Conditions and Restrictions to expressly ailow short-term vacation rentals on th·eir properties; and WHEREAS, the Third and Fourth la Costa Condomlnlurn Ov..mers Associa- tions have subrn!tted letters formally requesting that the Council amend Chapter 5.60 in light ofthose amendments. NOW, THEREFORE, the Oty Council of the (]ty of Carlsbad ordains as fol-~~~~ - 1. The above 1·ecitations are tn.Hi! and ·correct. 2. Tl1at Section 5.60.030 of the Carlsbad Municlpa.l Code !s amended to read as follows: .5.60.0.30 Short-term vacation rentals. Short-term vacation rentals which comply with the re~uirernents of this Chapter are permitted only in the coastal zone and In theta Costa Resort and Spa Master Plan area, to include the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar Road. EFFECTIVE DATE: This ordinance shall be effe·ctive thirty days after its adoption; and the city clerk shall certify the adoption o( this ordinance and came 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 news- pape: of 9ene:ral circulation in the City of Carls.bad within fifteen days after 1ts adopnon. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th day of January, 2016, ami thereafter PASSED AND ADOPTED at a regular meeting of ti1e City Council of the C!ty of Carlsbad on the 2.3rd day of February,. 20"!6, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Hal!, Schumacher, Packard. Council Members Wood, Blackbur-n. None. None. STATE Of IlliNOIS COUNTY Of Cook PROOF OF PUBLICATION The Undersigned, declares under penalty of perjury under the laws of the State of California: That he/she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he/she is not a party to, nor interested in the above entitled matter; that he/she is Chief Clerk for the publisher of San Diego Union-Tribu111e a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instruction of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: March 3, 2016 I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated in the City of Chicago, State of Illinois on this 3nd of March 2016. Order ID: 4005406 Proof of Publication of See Attached ORDINANCE NO. CS-291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITI'' OF CARLSBAD, CAliFORNIA, AMENDING CARlSBAD MUNICIPAl CODE CHAPTER 5.60 SHORT-TERM VACATION RENTAlS .. S.ECTiiON 5.60.030, TO ALlOW SHORT- TERM VACATION RENTALS IN THE LA COSTA RESORT AND SPA MASllE:R PlAN AREA, TO INClUDE THE BALBOA AND CORTEZ BUILDINGS LOCAT- ED AT 2003 AND 2005 COSTA DEL MAR ROAD WHEREAS, on May 5, 201 5, the Carlsbad City Council adopted Ordinance No. CS-272, amending the Carlsbad Municipal Code by adding Chapter 5.60 Short-term Vacation Rentals, establishing regulations governing short-term vacation r·entais; and WHEREAS, Carlsbad Mu!nicipa!Code Chapter 5.60, Section 5,60.030 per- mits short-term vacation rentals only in the coastal zon1e; and WHEREAS, the La Costa Resort and Spa Master Plan are~a •. as well as the Balboa and Cortez buildings, are located oll1tside of the <:oastal zone; and WHEREAS, during public comment at the June 23, 2m 5, City Council meeting, pmperty owners fro.m the Third and Fourth La Costa Condo- minium Owners Associations (more cornmonly r·efened to as the Coutez and Balboa build!ngs respectively, or collectively as the la Costa Cha- teaus) requested that the City Council revisit and consider amending the city's regulations to allow short-term vacation rentals on their proper- ties, which are located inside the main ,entrance to the la Costa Resort and Spa, !Jut outside of the official la Costa Resort and Spa Master Plan a~·ea boundary; and · WHEREAS, on June 23, 2015,. the City Council directed staff to work \~Jlth the owners to provide information that v1ould be helpful to the council !n considering their request, and return at a later date; 21nd WHEREAS, the Third anCI Fourth La Costa Condomlnh.H11 Owners Associa- tions have each adopted amendments to their Covenants, Conditions and Restrictions to express~y allow short-term vacation l"entals on their pr rties; and W EAS, tllleTI"lird.;:md Fourth La Costa Condominiunl Owners Associa- tions have submitted letters formally requesting that the Council amend Chapter 5.60 in light of those amendments. NOW,. THEREFORE,. the City Council of the City of Carlsbad ordains as fol- lows that: 1. The above recitations are true and correct. 2. That Section 5.60.030 of the Carlsbad Municipal Code Is amended to read as follows: 5.60.030 Short-term vacation rentals. Short-term vacation rentals which comply with the requirements of tl1is <:hapter are permitted only in the coastal zone and in the La Costa Resort and Spa Mastet· Pian area, to Include the Balboa and Cortez buildings ftocat.ed at 2003 and 2005 Costa Del Mar Road. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city derk shall certify the adoption of this ord]nance and cause the full text of the ordinance. or a summary of the ordinance prepared by the City Attomey to be published at least once in a news- paper of general circulation in the City of Carlsbad with~n fifteen days after Its adoption. INTRODUCED AND FiRST READ at a regular me.et!ng of the Carlsbad City Council on the 26th day ·Of Januaiy, 2016, and thereaflter PASSED AND ADOPTED at a regular meeting of the City Council of the City ofCarlsbad on the 23rd day of February,.20"16, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Mernbers Hafil, Schumache1, Pad::ard. Council Members Wood, Blackburn. None. None. APPROVED AS TO FORM AND lEGAliTY: CEUA A. BREWER, City AUomey W,TT HAll, Mayor 4005406 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United Stat1:;)S and a resident of the County aforesaid; I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newpaper of general circulation by the Superior Court of the County San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 172171, 171349, for the County of San Diego that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to-wit: Mar 03,2016 I certify (or declare) under the penalty of perjury that the foregoing is true and conect. Dated at Chicago, Illinois on this 3nd day ofMarch, 2016 &1aly Gerard Legal Advertising This space is for the County Clerk's Filing Stamp Proof of !Publication of See Attached 4005406