HomeMy WebLinkAbout; Levy, John C. (Trustee of the John C. Levy, Jr. Revocable Trust); 2017-0120868; OtherRECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad
Housing and Neighborhood Services Department
Attn: Code Compliance Division
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2017-0120868
111111111111 lll11111111111111111111111111111111111111111111111 IIII IIII
Mar 16, 2017 10:05 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $48.00
PAGES 12
(Space above/or Recorder's Use)
CODE COMPLIANCE AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
This CODE COMPLIANCE AGREEMENT IMPOSING RESTRICTIONS ON
REf\b PROPERTY ("Agreement"), entered into this '7-fv, day of H-a,r"vl,,,.. ,
201f?oy and between the CITY OF CARLSBAD, a municipal corporation ("City"), and John C.
Levy, Trustee of the John C. Levy, Jr. Revocable Trust as owner of real property with
Assessor Parcel Number 155-101-67 located at 2401 Mountain View Drive, Carlsbad, CA
("hereinafter "Property Owner"), and is made with reference to the following:
A . Property Owner is the legal owner of certain real property located at 2401
Mountain View Drive in the City of Carlsbad, in the County of San Diego, California
("Property") as described in Exhibit "A", which is attached hereto and incorporated herein by this
reference.
B. Property Owner has been renting the Property as a short-term vacation rental for
approximately JO years to renters, most of who hold some type of event (e.g., weddings) during
their stay. The use of the Property as a commercial venue for weddings and events is not
permitted under the residential (R-1) zoning of the Property.
C. Over the past IO years, Property Owner ha;; diligently cc,llected and paid transient
occupancy tax to the City and the City has accepted such payments with knowledge of the uses
taking place at the Property. The City has deposited the transient occupancy tax collected from
Property Owner since the effective date of the Short Term Vacation Rental Ordinance (June 4,
20 15) in a separate holding account.
D. Within the last three years, Property Owner has received enforcement notices
from the City, most recently a Notice of Violation dated March 17 , 20 I 6, which sets forth
violati ons of the Carlsbad Municipal Code on the Property, and which is attached as Exhibit "B."
E. The City Council has determined that the enforcement of the Carlsbad Municipal
Code and applicable state regulations throughout the City is an important public service and is
vital to the protection of the public's health, safety and quality of life.
F. The City Council has determined 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 the Carlsbad Municipal Code and
state regulations.
0. Property Owner has voluntarily agreed to take appropriate corrective action as set
forth below.
H. Property Owner has agreed to execute this Agreement to provide assurances to the City that Property Owner will remain in compliance with the Carlsbad Municipal Code and
applicable state regulations as set forth in this Agreement, and for as long as Property Owner
retains ownership of the Property.
I. The City has set forth the potential consequences should the Property Owner
violate the terms of this Agreement including, but not limited to: criminal prosecution, civil
injunction, administrative abatement, administrative citations, revocation of permits, recordation
of the notice of violation, recordation of certificates of noncompliance and withholding of future municipal permits.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1. Corrective action required. As stated in the Notice of Violation dated March
17, 2016, violations of Carlsbad Municipal Code, Chapter 5.60 (Short-Term Vacation Rentals)
and Title 21 (Zoning Ordinance), Chapters 21.10 (R-1 One Family Residential Zone), and 21.20 1
(Coastal Development Permit Procedures) have occurred and continue to occur at the Property.
The following actions are required to correct the identified violations:
a. Property Owner operated a short-term vacation rental without a permit in violation of the Carlsbad Municipal Code, from the effective date of the Short-Term Vacation
Rental Ordinance (June 4, 2015) through the present date. Property Owner shall
execute the Short-Term Rental permit provided by City. If there is any conflict
between the requirements of the Home Based Business License Form and this
Agreement, this Agreement controls. As required by Carlsbad Municipal Code
section 5.60.070(0), Property Owner immediately "shall use reasonably prudent
business practices to ensure that the short-term vacation rental unit is used for residential purposes only." Property Owner shall require all tenants to sign a rental
agreement that includes an ex ress prohibition against weddings, celebrations-
The rental agreement will provide for a
forfeiture of the security deposit for violations of this prohibition. Property Owner
shall comply with all other requirements of Carlsbad Municipal Code section
5.60.070 (Operational requirements).
b. Property Owner shall cease allowing or permitting the Property to be used as a
venue for weddings, events, and parties, as prohibited by Carlsbad Municipal Code
section 5.60 .070(0) and chapters 21.10 and 21.201 , as of January I , 2017. The
2
purpose of the extension of the compliance deadline is to allow the Property Owner
time to fulfill his contractual obligations to renters who had already signed rental
agreements which are listed in Exhibit "C". Property Owner shall comply with the
following interim deadlines:
i. Immediately upon execution of this Agreement, Property Owner shall
remove any reference to using the Property for weddings, corporate events, or
other non-residential uses from the advertising materials for the Property.
ii. Property Owner shall include a term in any rental agreements executed
after the effective date of this Agreement that states: "Occupant(s) shall not,
and shall ensure that Occupants' Guests, Invitees, or Licensees do not use the
Premises for any commercial purpose where compensation is provided for
goods and/or services, including, but not limited to weddings, receptions, and
corporate celebrations."
2. Compliance deadline. The Notice of Violation was dated March 17, 2016. All
corrective action noted in paragraph 1 of this Agreement shall be completed no later than August
19, 2016, unless this Agreement is amended in writing by both parties to grant an extension. The compliance deadline notwithstanding, the tenants listed on Exhibit "C" shall be permitted to
conduct weddings, receptions, or corporate celebrations on the dates also listed on Exhibit "C".
Property Owner shall provide copies of all existing rental contracts to the City upon full
execution of this Agreement.
3. Continuing Compliance with City regulations. The Property Owner has
voluntarily entered into this Code Compliance Agreement and hereby admits that the conditions
or factors described herein existed and constituted violations of the Carlsbad Municipal Code,
and that the Property Owner hereby voluntarily agrees to correct said violations as set forth
herein and will otherwise remain in compliance with all applicable Carlsbad Municipal Code provisions for as long as the Property is owned by Property Owner. Property Owner knowingly
and intelligently agrees that the City may, without any further notice to Property Owner, obtain a
permanent injunction from a court of competent jurisdiction against the Property and Property
Owner to prevent continuing violations of the Carlsbad Municipal Code from occurring on the Property.
4. Compliance Inspection. At the scheduling discretion of the City, the City may
inspect the Property on any date after the compliance deadline to determine if the Propert~ Owner has taken the required corrective action set forth in this Agreement and remainst fn · complianc~after such corrective action is taken. If the City determines that the terms of this
Agreement are not met, the City may seek to impose any remedy authorized by the Carlsbad
Municipal Code chapter I .IO and set forth below.
5. Remedies for Non-Compliance. At the discretion of the City Manager, City
Attorney or designee, one or more of the following remedies may be pursued by the City if the
Property remains in violation after the expiration date of the compliance deadline. The
consequences to the Property Owner for non-compliance at any time during the term of this
3
Agreement include, but are not limited to: criminal prosecution, civil injunction, administrative
abatement, administrative citations, revocation of permits, recordation of the notice of violation,
recordation of certificates of noncompliance and withholding of future municipal permits
(including discretionary permits, building permits, etc.) as set forth in section 1.10.030 of the
Carlsbad Municipal Code. The Property Owner acknowledges that if a penalty is assessed, and if
any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien
against the Property, and that the unpaid amount may be a joint and several personal obligation
of all persons responsible for the violation. Penalties imposed for non-compliance with this
Agreement accrue from the date that this Agreement was executed. If the Property continues to
be used as a venue for weddings, events, and parties on or after January 1, 2017, then
administrative civil penalties will become due immediately from the Property Owner in the
amount of $500 per event listed on Exhibit "C".
6. 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 "lndemnitees"), 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 Indemnitees, and any of them
with respect thereto. This provision shall survive the term of this Agreement.
7. 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 party to receive such notice at the addressed set forth below:
TO THE CITY OF CARLSBAD:
Housing and Neighborhood Services Department
Code Compliance Division
Attn: Housing and Neighborhood Services Director
1200 Carlsbad Village Drive
Carlsbad, California 92008
TO THE PROPERTY OWNER:
John C. Levy, Trustee of the John C. Levy, Jr. Revocable Trust
c/o Jon Corn, Axelson & Com, P.C.
160 Chesterfield Drive, Suite 20 I
Cardiff, CA 92007
Any party may change the address to which notices are to be sent by notifying the other
parties of the new address in the manner set forth above.
4
8. Integrated Agreement. This Agreement constitutes the entire Agreement
between the parties and no modification hereof shall be binding unless reduced to writing and
signed by the parties hereto.
9. Duration of Agreement. This Agreement shall remain in effect from the
date of execution and for as long as the noted Property Owner owns the Property, and terminate
upon sale of the Property to an alternate property owner. This Agreement, and any section,
subsection, or covenant contained herein, may be amended only upon the written consent of the
Property Owner and the Housing and Neighborhood Services Director.
IO. Recording of Agreement. The parties hereto shall cause this Agreement to
be recorded against the Property in the Official Records of the County of San Diego.
11 . Severability. In the event any limitation, condition, restriction, covenant,
or provision contained in this Agreement is to be held invalid, void or unenforceable by any court
of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and
remain in full force and effect.
12. Recitals. Paragraphs A through F above are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written.
PROPERTY OWNER,
John C. Levy, Trustee of the
John C. Lev::.?:evocabl_e !!JI'
By:/ ~!;zt7
l..&igrfuure
Title: /4 1' ~
Dated: __ / _,_/_I_P_,_/-"-)---1) __ /-'-j--__
CITY OF CARLSBAD
By'i)g]J:, £.µ
Debbie Fountain, Housing & Neighborhood
Services Director
Dated: _3.,__/ q..e..-./_2.Dl__._] __
(Proper notarial ackllowledgment of execution by Property Owner must be attached.)
APPROVED AS TO FORM
Celia A. Brewer, City Attorney
By:~ Dated:_3_/_tf_/_-i_o_L_1 __
Heather L. Stroud, Deputy City Attorney
5
....
.... . '
PARCEL l:
'EXIflBIT A
1109.0
THOSE PORTIONS OF LOTS 2 AND 3 1 SECTION l TOWNSHIP 12 SOOTH, RANGE 5 WEST , SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICillL PLAT THBRF,QF, IN THE CITY OF CARLSBAD, lN THE COUNTY OF SAN DIEGO, STATE OF CJILIFORNIA, DESCRIBED .AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OP LOT "A" OF GRANVILLE PARK UNJ:T NO. 2 YILED AS MAP NO. 2037 IN THB SAN DIEGO COUNTY RECORDERS OFFICE, AS SAID NORTHEAST CORNER IS SHOWN ON THE ·MAP MADE A PART OF THE AGREEMENT RECORDED MARCH 30, 1984 AS DOCUMENT NO. 84-li5522 IN THE OFFICE OF THE COUNTY RECORDER. OF SAN DIEGO C01JNTY; THENCE SOUTH 89° 28' 0011 WEST ALONG TBB NORTH LINE OF SAID LOT "A" AS SHOWN ON .SAID MENTIONED MAP, 30.88 FE:BT TO A 3/4-INCH IRON ROD WITH STATB LANDS COMMISS:r;ON ALUMINUM CAP SET IN CONCRETE TO THE POINT OF BEGINNING; THENCE THE FOLLOWING 33 COURSES:
l.. NORTH 36° 1.2' ll" WEST 48.07 FEET;· 2. NORTH 33° 11' 3711 WEST 65.74 FEET TO A 3/4-INCH IRON ROD WITH STATE LANDS COMMISSION ALUMINUM CAP SET IN CONCRETE; 3. NORTH 44 ° 39' 43" l<raST 24. 44 :FEET; 4 . NORTH 40° 58' 4611 WEST . 22. 58 FEET; 5 . NORTH 41° 33' 26" WEST 52.74 :FEET; 6. NORTH 43° 53' 1811 WEST 48 .07 FEET; 7. NORTH 39° 47' 1.4" WEST 57,01 .FEET; 8. NORTH 46° 08' 1611 WEST 50 .31 FEET; 9. NORTH 42° 07' 54" WEST 61..00 FEET TO A 3/4-INCH IRON ROD WITH STATE LANDS COMMISS:tON ALUMINOM CAP SET IN CONCRETE; 10. NORTH 38° 57' 57" WEST 33. 96 FEET; l.l. NORTH 31.0 22' 16" WBST 25.79 FEET; 12. NORTH 42° 56' 20" WEST 17.90 FEET; 1.3. NORTH 52° 37' 43" WEST 26 .38 FEET1 14. NORTH 69° 35' 00 11 WEST 14 .33 FEET1 1.5, NORTH 34° 26' 13" WEST 4,65 FEET; 16. SOOTH 88° 34' 08" WEST 8.62 FEETj 17. SOUTH 54° 22' 31." WEST 10.81 FEET; 18. S9UTH 50° 45' Sl" WEST 19.62 FEET; 19. SOtml 37° 40' 4211 WEST 19.25 FEET; 20. SOUTH 33° 01' 3311 WEST 29.77 PEET; 21. SOUTH 07° 53' 5611 WEST 18.88 FEET; 22. SOUTH 24° 16' 39" WEST 28.34 FEET; 23 . SOUTH 21.0 42''45" WEST 23.22 FEBT; 24. SOUTH 15° 51.' 20" WEST 25.26 FEET; 25. SOtJTEr o• 03' 57" El\ST 58-.03 FEET,, 26. SOOTH 04° 59' 3311 EAST 33.03 FEET; 27. SOUTH 01° 11' 29" WEST 20.ll FEET; 28. SOUTH 05° 12' 21" EAST 24.37 FEET; 29. SOUTH 13° 27' 3.2" WEST 24.81 FEBT; 30. SOUTH 1.1° 05' llfl WEST 23.86 PEET; 31. SOUTH 1.9° 50' 00" WEST 26.39 FEET; 32. SOUTH 1.5° 03' 3811 WEST 28.35 FEET; 33. SOUTH 30° 55' 22 11 WEST 38.06 FBET TO ,'.l'l{E NORTHERI,f LINE OF LOT "A~ AS SHOWN ON SF>.ID LAST-MENTIONED MAP; THENCE ALONG THE NORTHERLY LINE OF LOT "A" NORTH B9° 28' 00" EAST 8,21. FEET TO A 2-INCH (00) IRON PIPE IN CONCRETE WlTH L .S. TAG 2783; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF LOT "A" NORTH 89° 28' 00" RAST 486.00 FEET TO THE POINT OF BEGINNING,
PAR.CSL 2:
A 20.00 FOOT EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF LOT A, OF GRANVILLE PARK NO, 2, ACCORDING TO MAP THEREOF NO. 2037 AND A PORTION OF LOT 47 SHOWN ON TH8 MAP OF GRANVILLE PARK, ACCORDING TO MAP THEREOF NO. 1782 IN THE CITY OF CARLSBAD, IN '11ra COUNTY OP SAN DIEGO, STATB OF CALIFORNIA, THE CENTER LIITT: OF WHICH rs DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SA!D MAP NO. 1782, SA;tD POINT BBING OlT A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RAD:!AL LINB THROUGH SAID POINT BEA.RS NORTH 58° 14' 45" EAST I THENCB NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 ° 22' 3 0 • AN AR.C DISTANCE OP 2 9. 82 FEET; THBNCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CRNTRAL ANGLE OF 6° 36' 58" AN ARC DISTANCE OF 30.95 FEET; THENCE
N
NORTH 71.o 14' 12" EAST 10.00 FEET TO A POINT "A~ BEING THE TRUB POINT OF
1.1091 BEGINNING/ THENCE NORTH 18° 45' 48" WEST 45.00 FEET TO THE BEGINNING' OF A TANGENT 100,00 FOOT RADIUS CURVE CONCAVE SOUTKEASTBRLY; THENCE 52.36 FEET .ALONG THE' ARC OF SAID CURVE THROUGH A CENTRAL ANGtB OP 30° 00' oo•; THENCE TANGENT TO SAID CURVE, NORTH l.l. 0 l.4' l.2" EAST 2 9 • 04 FEET TO_ THE .BEGINNING OF A TANGENT 100.00 FOOT R.ADros CURVE CONCAVE WESTERLY; THENCB l.00.15 FEET ALONG Tm3 ARC OF SAID CORVE THROUGH A CENTRAL ANGLE OF 57° 22' SB" TO A POINT OP COMPOUND CURVATURE wrni: A 1542.69 FOOT RADIUS CORVB CONCAVE NORTHEASTERLY, SAID CORVE BEING PARALLEL WITH AND 10. 00 FEET SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE A.T, & S.F. R.R.; THENCE ALONG THE AAC OP' SAID CURW 96. 42 FEET THROUGH A CENTRAL ANGLE OP 3° 34' 52" 'l'O AN INTERSECTION WITH TRE NORTH tnm oF suD LOT A:·
ALSO BEGINNING AT POINT "A"/ BEING TRE BEGINNING OP A TANGENT 258. 03 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHER.LY 29.82 FEET ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 37' 15" TO A POINT OF COMPOUND C'CffiVATURB WITH A 10,,00 FOOT RADIUS CURYB CO~CAVE NORTHWESTERLY; THENCE 1s·.s2 F'.EET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88° ss• 43" TO AN INTERSBeTION WITH THE EASTERLY LINE OF SAID MOUNnIN VIEW DRIVE.
THE NORTHERLY EXTENSION OF THE SIDELINES OF SAID EASEMENT SRALL LENGTHEN OR SHORTEN TO MEBT THE NORTHERLY LINE OP SAID LOT A.
THE SOUTHERLY BX'l'.ENSION OF THE SIDELINES OF SAID EASEMENT SHA.LL LENGHTRN OR SHORTEN TO MEET 'l'lt8 EASTERLY LINE OP SAID MOUNTAIN VlEW DRIVE.
PARCEL 3:
JI.N RASBMENT FOR EGRESS, INGRESS, STREET IMPROVEMENTS, DRAINAGE AND OTILITIES OVER, UNDER, ALO~G AND ACROSS THOSE PORTIONS OF MAJ? NO. 11007 AS FILED IN THE OFl"ICE O!' TP.:E COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, AND MORE FULLY DESCRIBED AS:
BEGINN'ING AT THE MOST SOUTHEASTERLY CORNER OF LOT 3 PER MAP NO. 11007, FILED IN THE OFFICE OF THE COUNTY RECORDBR OF SAN DIEGO COUN'1'Y, STATE OF CALIFORNIA, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RA.Oros OF 268. 03 FEST, A RJU>IAL LINE THROUGH SAID POINT BEARS SOUTH 56° 28' 57" WEST; THENCE NORTH· 02° 51' 21" WEST, 139.99 FEET; THENCE NORTH 13° 46' 17" WEST, 5~.75 FEET, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207 .16 PEET, A RADIAL LINS THROUGH SAID POINT BEARS NORTH 44 ° 24' 05" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF LA.ST SAID CURVE, THROUG~ A CENTRAL ANGLE OF 2 ° 44' OS", A DISTANCE OF 9.89 FEET TO A POINT, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 4i0 40' ·0011 WBST1 nmNCE NORTH 42° 30' 00_" WEST, 212.46 FEET TO THE NORTHERLY LINE OF LOT 3 PER MAP NO. 11007; THENCE NORTH 89Q 24' 02" WEST, 54.78 FEBT; THENCE: SOOTH •C! 0 3 0' 00" EAST, 19 2 , 11 FEBT TO THE EA.STERL Y TERMINUS OF A LINE PER LOT 3 OP MAP NO. 11007 WHICH BEARS NORTH 86° 45' 06" EAST, 560,04 FEET; THENCE SOUTH 18° l.3' 44" EAST, 50,00 FEET; THENCE SOUTH 37° 18' 24" EAST 27.ss FRET; THENCE SOUTH 9° 151 08" EAST, 57.71 FEBT THENCE SOUTH 18° 13' 44" BAST, 31.96 FEET1 THENCE SOUTH 11° 02' 2211 ,EAST, 35.99-PEET TO A POINT ON THE AP.C OF i\ CURVE, A RADIAL L:om TlmOUGH SAID POINT BB.A..'C!.S NORTH 34° 33' 16" EAST; THBNCB SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTER.LY HAVING .. A RADIUS OF 6S.00 PEET THROUGH A CENTRAL ANGLE OP 24° 03' 57", A DISTANCE· OP 27.30 FEET TO A POINT OF COMPOUND C'CJRVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58° 37' 13" EAST; THENCB SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS .OF 268 ,03 FEST, THROUGH A CENTRAL ANGLE OF 2° 08' 16", A DISTANCE OF 10.00 FEET TO THB POINT OF BEGINNING.
EXHIBIT B
Ccityaf
Carlsbad
FINAL NOTICE OF VIOLATION
Case: CE-15-0955
March 17, 2016
Mr. John levy
John C. Levy, Jr. Revocable Trust
1825 Aston Ave.
Carlsbad,Ca.92008
Mr. Levy:
On October 30, 2015, you received a Notice of Violation indicating that your property at
2401 Mountain View Drive within the City of Carlsbad is in violation of several
provisions of the Carlsbad Municipal Code (CMC) and Coastal Development perm it
conditions which required immediate corrective action to prevent further code
enforcement action by the City of Carlsbad. To date, the violations noted below remain on
the subject property. Because compliance has not occurred, this notice informs you that the
Code Enforcement division of the City of Carlsbad will proceed with issuance of
administrative citations until such time as you take the required corrective actions noted
below and comply with the city codes.
Code Section, Permit Condition & Violation
CMC 21.10,R-1 One-Family Residential Zone.
The single family home on the subject
property may be used for residential
purposes only. It is currently being rented
and used for wedding ceremonies and/or
receptions, birthday parties, corporate
celebrations and other similar types of land
uses which are not permitted uses and
therefore in violation of the R-1 zoning.
Community & Economic Development
IReouired Corrective Action
Immediately discontinue the illegal
use of the property as a commercial
venue for the noted ceremonies,
events and parties; property may be
used for residential purposes only.
Housing & Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t
Mr. Levy
Mar. 17, 2016
Page 2
~MC 21.201, Coastal Development Permit
Procedures; Coastal Development Permit-
COP97-59
CMC 21.201.030 requires a coastal
development permit prior to undertaking
"development" in the coastal zone, as
defined by CMC21.04.107. CDP 97-59
allowed for construction of a single family
home on the subject property and a second
dwelling unit over a detached garage
consistent with the R-lOne-Family Residential
IZone. Intensification of use of the property
beyond residential use,such as a commercial
ivenue for weddings, special events and other
!Similar land use is not permitted by the
Coastal Development Permit and is otherwise
not permitted per CMC 21.10, R-1One Family
Residential Zone.
::MC 5.60 Short-Term Vacation Rentals
~ legally permitted dwelling/residential unit
may be used as a short-term vacation rental
~or dwelling, lodging or sleeping purposes only
~or less than 30 days, with city approval of a
short-term vacation rental permit and a
business license. If you wish to continue to
use the single family home as a short-term
vacation rental for residential purposes only,
a short-term vacation rental permit and
business license is required.
..
Immediately comply with the
!conditions of approval of CDP 97-
159; immediately discontinue
unpermitted intensification of use
bf the property by ceasing to allow
its use as a commercia I venue for
weddings, special events and other
!similar land use activities.
!Submit an application and obtain
city approval of a short-term
wacation rental permit and
business license for the Single
Family Dwelling, and immediately
comply with all conditions of
approval set forth within that
permit and license.
Mr. Levy
Mar. 17, 2016
Page 3
Please note that the first citation carries a $100 fine. A second violation will result in a $250
fine. Subsequent violations will carry a fine of $500, which may be assessed for every day that
you remain out of compliance with city codes as set forth above. Please note that you must be
in full compliance with all applicable codes noted above in order for the administrative citations
to cease.
On.ce all corrective actions have been taken as set forth above, the property must remain in
full compliance with all applicable city codes and approved licenses/permits. If the property
does not remain in compliance, the city may continue to issue citations which carry a fine of$500 per
day without further notice.
Housing & Neighborhood Services Director
C: Code Enforcement Case File
EXHIBITC
Name Wedding Date
Kahal 8/27/2016
Caldwell/Than 9/3/2016
Olsson/Northup 9/10/2016
Bosch 9/17/2016
Froh/Douglas 9/24/2016
Shevlin/Hart 10/1/2016
Morlet/Winstead 10/8/2016
Gurgon/Josenhans 10/15/2016
Rutherford/Pakulat 10/22/2016
Harding/Debbink 10/28/2016
Morris/Glushien 11/5/2016
Torres/Villasenor 11/12/2016
Gonzales/ Anson 11/19/2016
Archuleta/Mellinger 11/26/2016
Nayudu/Schmidt 12/3/2016
Lynn/Millholen 12/31/2016
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 -~0-,=a...,_~ __ ...,l>.'"""''-'-',,,+-r ... ,2 _____ _, ~ ✓
On ___ ,+/4~,o~/~VJ~/~7 ____ _ I before me, Sa,..,,,,.d!j 14,J~~ L -AJ.~-k,.,, /M,.J,'c
(insert nameantitle of the officir)
personally appeared 101-t,.. C· Lu ~ _______ ,
who proved to me on the basis of iatisfactory evide ce 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 (Seal)
SAMUEL RODRIGUEZ
Comm1111on • 2127942
Notary Public • Cllllomla
Sen Diego COUl!ty
Comm. m 25 2019