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Home My WebLink AboutCC2021-0653; Carlsbad Village LLC; 2022-0310217; Notice of Violation/Releaseof RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 CITY OF CARLSBAD DOC# 2022-0310217 111111111111 lllll 111111111111111 11111111111111111111111111111111111111 Jul 29, 2022 09:52 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES: 6 NOTICE OF PENDING ADMINISTRATIVE ENFORCEMENT ACTION Assessor's Parcel Number(s): 203-320-32-00 (Portion) 203-320-39-00 (Portion) 203-320-43-00 (Portion) 203-320-44-00 (Portion) 203-320-45-00 (Portion) 203-320-46-00 (Portion) 203-320-47-00 (Portion) 203-320-48-00 (New APN, Not Yet Assessed) Property Address: 1040 CARLSBAD VILLAGE DRIVE ; Owner of Record: CARLSBAD VILLAGE LLC, 3444 CAMINO DEL RION #202, SAN DIEGO, CA 92108-1712 Pursuant to Section 1.10.050 of the Carlsbad Municipal Code, the City of Carlsbad hereby gives notice, as public record, that the above identified real property within the City of Carlsbad, and more specifically described as: SEE EXHIBIT "A" is not in compliance with the Carlsbad Municipal Code. These violations are set forth in a Notice of Violation issued to the property owner on March 28 2022 (attached as Exhibit B) and include: CMC 05.60.030 STVR: 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. CMC 05.60.050.A SHORT-TERM VACATION RENTALS: Permit required 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. The owner has been notified thereof, and this notice shall remain on record until all necessary corrections have been made and the property is in compliance with the code sections related to the violations cited. Until a Certificate of Compliance is recorded by the Code Enforcement Manager of the City of Carlsbad, applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. IN WITNESS THEREOF, we have hereunto set our hands and seals this / l{lvi day of .,'Ju/y , 2022. CITY OF CARLSBAD A Municipal Corporation of the State of California Robbie Hickerson, Code Enforcement Manager APPROVED AS TO FORM : By: :]/J;//1 /'\.. 1 .. Marissa A. Kawecki, Deputy City Attorney for Celia A. Brewer, City Attorney By: ----:--?"f'IZ.--------- F av i o I a Medina, Ci (Seal) 2 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: PARCEL A OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR ROADWAY, RIGHT-OF-WAY, ACCESS, SERVICE AND INGRESS AND EGRESS PURPOSES OVER A PORTION OF PARCEL B OF PARCEL MAP NO. 21._~ IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018·7000347 OF OFFICIAL RECORDS. SAID EASEMENTS ARE FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAIN IN THAT CERTAIN RECIPROCAL ROADWAY GRANT OF EASEMENT AND EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. ~9_18-0384167 OF OFFICIAL RECORDS. APN: 203·320·32-00 (Portion) 203-320-39-00 (Portion) 203-320-43-00 (Portion) 203-320-44-00 (Portion) 203·320-45-00 (Portion) 203·320-46-00 (Portion) 203-320-47-00 (Portion) 203-320-48·00 (New APN, Not Yet Assessed) C City of Carlsbad NOTICE OF VIOLATION EXHIBIT B R&V MANAGEMENT VINA NAJAFPOUR 3444 CAMINO DEL RIO NORTH #202 SAN DIEGO, CA 92108 March 28, 2022 Dear Business Owner: RE: 1040 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 CASE#: CC2021-0653 OFFICER: Carrie Bowen This property appeared in a review of online short-term vacation rental (STVR) listings. According to available records, you are listed as an owner or other interested party for this property. This Notice of Violation is submitted to you, requesting your cooperation in correcting the violations below by the compliance date of April 15, 2022. CODE SECTION CMC 05.60.030 STVR: 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. (Ord. CS-291 § 2, 2016; Ord. CS-272 § I, 2015) VIOLATION DESCRIPTION The property located at 1040 Carlsbad Village Dr, Carlsbad, CA 92008 is located outside the coastal zone and is advertising and/or operating as a short-term vacation rental as defined in CMC 5.60.020. Multiple complaints received about several units in The Lofts, being rented out as short-term vacation rentals. CORRECTIVE ACTION Ensure all advertised listings for the property are for stays of 30 consecutive days or greater. Cancel all currently booked short term vacation rental stays less than 30 consecutive calendar days. CODE SECTION CMC 05.60.050.A SHORT-TERM VACATION RENTALS: Permit required 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. VIOLATION DESCRIPTION The property located at 1040 Carlsbad Village Dr, Carlsbad, CA 92008 is being advertised and/or operated as a short-term vacation rental despite there being no short-term vacation rental permit on file with the City of Carlsbad. Multiple complaints received about several units in The Lofts, being rented out as short-term vacation rentals. Community Development Department Building & Code Enforcement Division CORRECTIVE ACTION Ensure all advertised listings for the property are for stays of 30 consecutive days or greater. Cancel all currently booked short term vacation rental stays less than 30 consecutive calendar days. 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5978 I STVR@carlsbadca.gov CC2021-0653 NOTICE OF VIOLATION EXHIBIT B Page 2 of 4 The city would like to avoid taking any further actions and requests your cooperation in this matter. By acting immediately to correct the violation(s) referenced, you will avoid further action by the city. Failure to correct the violations above may result in an Administrative Citation for each violation/ per day, criminal prosecution, civil litigation, administrative abatement, revocation of permits, recordation of notice of violation, recordation of certificates of noncompliance and withholding of future municipal permits. If you have any questions about this notice or the alleged violation(s), please contact our STVR Compliance Department via email at STVR@carlsbadca.gov or by phone at 442-339-5978. Please provide the case number and property address. We anticipate and appreciate your cooperation in this matter. Sincerely, City of Carlsbad STVR Enforcement Community Development Department Community Development Department Building & Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5978 I STVR@carlsbadca.gov CC2021-0653 NOTICE OF VIOLATION EXHI BIT B Page 3 of 4 EXPLANATION OF CONSEQUENCES The City of Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation for Municipal Code violations. Each section violated is considered a separate offense with an independent fine. Each day any violation exists may be considered a separate offense. Fines are $100 for the first citation per violation, $200 for the second citation per violation and $500 for any subsequent citation per violation. FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED Any hotel or short-term vacation rental operator who fails to pay any required Transient Occupancy Taxes ("TOT") or to remit any tax collected to the city is subject to civil suit, criminal prosecution and/or suspension or revocation of the operator's short-term vacation rental permit. Within three years after TOT is due to the city, the city may: record a lien against the subject property for the amount of TOT, penalties and interest due; issue a warrant for the enforcement of any unpaid liens; seize and sell real or personal property to satisfy any TOT lien; and give a withhold notice to all persons, including the state or government entities, having in their possession or under their control any credits or other personal property belonging to the taxpayer. TRANSIENT OCCUPANCY TAX ASSESSMENT If any operator shall fail or refuse to collect TOT within the time required per the City of Carlsbad Municipal Code, the tax administrator shall proceed in such a manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due. Once the transient occupancy tax due, interest and penalties are determined, a notice of the amount assessed will be provided to the operator. Operators may, within 10 days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. RIGHT TO APPEAL NOTICE OF VIOLATION -PUBLIC NUISANCE The responsible person may appeal the notice of violation of public nuisance within ten calendar days from the date of service of the notice of violation by filing a request to appeal to the clerk. Upon receiving a written request to appeal a notice of violation, the city manager shall follow the same administrative enforcement hearing procedures for administrative citation set forth in Section 1.10.130 of the City of Carlsbad Municipal Code. Please be advised that an appeal of one notice of violation or citation is not deemed to be an appeal of all notices of violation or citations related to the same property or individual. Each notice of violation and/or citation must be appealed separately or communicated as a "global appeal" on your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be appealed. Additionally, any permits, variances or similar permissions issued after a notice of violation or citation has been issued does not forgive any preceding notices of violation or citations, nor does this forgive any related future continuing violations. Community Development Department Building & Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5978 I STVR@carlsbadca .gov