HomeMy WebLinkAboutCT 2019-0001; LA COSTA VILLAS NORTH - 2ND EXTENSION; Tentative Map (CT)PART C. Project Team Information (complete all applicable fields)
Applicant: I]] Same as Owner □ Different from Owner
Name (if different from Owner): ________________________ _
Company or Firm: ______________________________ _
Phone Number: ___________ Email: _________________ _
Contact Address: ___________ City: ______ State: __ Zip Code : ___ _
Agent or Representative: □ Same as Applicant Kl Different from Applicant □ N/A
Name (if different from Applicant): _A_n_a_W_a_ls_h ____________________ _
Company or Firm : ______________________________ _
Phone Number: _8_58_-_7_75_-_86c...0:....2 _______ Email: anaswalsh@aol.com
Contact Address: 3525 Del Mar Heights Rd, #724 City: San Diego State: s;.A_ Zip Code: 92130
Other (specify Architect, Engineer, CEQA Consultant, etc.): _A_rc_h_it_ec_t ____________ _
Name: Riccardo Ferguson
Company or Firm: MAAArchitects Inc.
Phone Number: _76~0:....-~84--'5:....-8~2""""'7-'8 ______ Email: riccardo@maaarchitects.com
Contact Address: 3146 Tiger Run Court, Suite 104 City: ....;cc-'-'a--'rlsc..;.b=ad'--__ State:~ Zip Code: 92010
NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART D. Single "Point of Contact" Designation
A single "point of contact" is an individual that handles all communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individual elected on the Land Use Review Application form for all
communications and to remain as the primary contact for all status updates relating to the Land Use
Review Application.
Single Point of Contact: □ Applicant □ Property Owner [E Agent O Other ________ _
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PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
D Yes 0 No If yes, indicate person(s): ____________________ _
NOTE: Attach additional sheets if necessary.
PART F. Applicant Declarations (to be signed by Applicant)
I hereby certify that I have read the information below and that:
1. I have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. I understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form's "Minimum Submittal Intake
Requirements Checklist." I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
"Completeness Determination Requirements Checklist."
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act (PSA) shot clock starts on the
intake date the Planning staff accepts a duly filed application.
4. If the application is determined to be incomplete, staff will detail the missing information in a
city review letter. A city review letter might also identify specific outstanding review issues with
the project, and any other required materials or applications to address conformance with
regulations, standards, policies, and guidelines. I understand that the missing items listed in the
city review letter must be included in a resubmittal before my resubmitted application may be
accepted for processing by the Planning Division. Planning staff may reject the resubmittal if the
resubmittal fails to include all the appropriate items listed in the city review letter.
5. I understand that if I disagree with the completeness determination or decision made during
the determination period, I should speak directly with the case planner to resolve the issue.
I may also seek other options to have my project issues heard, as discussed in the city's
Applicant Resources Informational Bulletin (IB-110). Moreover, I also understand that
Carlsbad Municipal Code {CMC) Section 21.54.140 outlines a process to allow members of
the public to appeal decisions that are issued by the City Planner, such as completeness
determinations or decisions made during the determination period.
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P-1 (A) Form Rev 12/2024
6. I understand that once an application is determined to be complete, I may be asked to clarify,
amplify, correct, or otherwise supplement the application with additional information to help
demonstrate compliance with applicable plans, policies, or standards. I acknowledge that any
unreasonable delays caused by me or any agent designated to act on my behalf in responding to
such requests may cause processing delays and extend the time it takes for the city to take final
action. Undue delays will be automatically co nstrued as a request to suspend, toll, or extend any
related processing timelines. Failure to submit adequate and responsive clarifications,
amplifications, corrections may constitute grounds for disapproving the project application
unless an extension of time is provided by the city, which may be done orally or in writing, or in
an express or implied manner. Moreover, I understand that once an application is determined to
be co mplete, project or design changes that will increase modify the number of proposed units,
add uses that were not previously listed, substantially change the site plan, or otherwise
introduce other changes may require one or more additional city review cycles or the filing of a
new application or additional application permit types. This situation or action may result in the
restarting of the PSA which would restart the review "clock" and extend processing timelines.
The shot clocks vary based upon completeness, environmental determination, and work in
conjunction with 5B330 and Title 19 of the Carlsbad Municipal Code.
7. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that all fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
re gu lations, or policies in effect at the time of the application submittal.
8. I certify that the description of the development and all the plans and supporting
documentation are accurate in all material respects as of the date when made. I understand
that it is my re sponsibility to ensure that statements and representations are not misleading.
Furthermore, I agree to promptly remove, correct, or add information as needed t o correct any
misleading or materially inaccurate information. I understand that any misstatement or
omission of the requested information or of any information subsequently requested might be
grounds for rejecting the application, deeming the application incomplete, denying the
application, suspending or revoking a permit issued on the basis of these or subsequent
representations, or for the seeking of such other and further relief as deemed appropriate by
the City of Ca rl sbad.
9. If discrepancies exist between the architectural plans and the structural plans, the architectural
plans shall take precedence. Ultimately, the scope of work, as described on the permit that
authorizes co nstruction, takes precedence over the plans. If there is a discrepancy between the
plans and t he description on the permit, the permit governs.
10. I understand that all materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere on line, outside of the city's control.
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P-1(A) Form Rev 12/2024
11. I understand there are no assurances at any time, implicitly or otherwise, whether provided to
me in writing or by oral communications regarding final staff recommendations to the decision-
making body about this application or the determination of any decision-making body.
12. I understand that the overall design process consists of several steps, each with increasingly
more detail. The planning phase is one of the first steps in the design process. A Land Use
Review Application (or "planning application") consists only of a schematic design package. If
the project is approved or conditionally approved, the schematic design phase is immediately
followed by a design development phase (with construction drawings). Construction drawings,
such grading and drainage plans, are much more comprehensive and provide additional detail,
specificity, and instructions on how to build and implement the project.
Review comments, statements, or approvals from the City of Carlsbad concerning a Land Use
Review Application are based on the representations of the intent of design and construction.
City comments and statements are believed to be accurate; however, such accuracy is not
guaranteed when implementing the intended design solution. I understand that the approval or
conditional approval of a Land Use Review Application does not replace the more thorough
review of the construction drawings by the city or another agency during the design
development phase; or services or recommendations provided by design professionals, such as
architects, engineers, code professionals, etc. Furthermore, the approval or conditional approval
of a Land Use Review Application does not relieve the Applicant of the obligation from
complying with all applicable regulations, standards, policies, and guidelines applicable to the
design development phase. Therefore, the ultimate design solutions required in construction
drawings may differ from the project's initial schematic design.
The approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans,
architectural elevations, and landscape plans shall not be altered without express authorization
by the City Planner. Once a permit has been issued, the Applicant may request permit
modifications. "Minor" modifications might be granted if found by the City Planner to be in
substantial conformity with the approved plan set, including all exhibits and permit conditions.
Modifications beyond the scope described in the approved plan set might require submittal of
an amendment to the permit and approval by the authorized review body.
13. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
14. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denial of the application or related decisions. Th is indemnification shall include, but
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P-1(A) Form Rev 12/2024
CITY OF CARLSBAD
AUG 2 5 2025
PLANNING DIVISION
MINUTES OF ORGANIZATIONAL l\1EETING OF MEMBERS OF
400 GIBRALTAR LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
The Organizational Meeting of the Members was held at the following date, time
and place:
Date: May 1, 2018
Time: 10 :00 a.m.
Place: 3525 Del Mar Heights, Suite 724
San Diego, California
The following Members were present:
Foroozandeh Sahba and Ali Vatani
No Members were absent.
Pursuant to the Operating Agreement, the following persons conducted the
meeting:
Chairman of meeting: Foroozandeh Sahba
Secretary of meeting: Ali Vatani
The Chairman called the meeting to order at 10:00 a.m. and announced that the
meeting was held pursuant to written w~1ivers of notice and consents to the holding of the
meeting. The waivers and consents were presented to the meeting and, on a motion duly
made, seconded, and cruTied, were made a pa1t of the records and ordered inserted in the
Record Book of the Company immediately preceding the minutes of this meeting.
1. ARTICLES OF ORGANIZATION
The Chairman informed the Members present that the original Articles of
Organization had been filed in the Office of the Secretary of State on April 26, 2018. A
certified copy of the Articles of Organization has been provided the Secretary, and the
Secretary is hereby directed to insert the copy in the Record Book of the Company. A
copy is attached as Exhibit "A" The following resolution was moved, seconded and
adopted:
RESOLVED, that the Secretary is instructed to insert a copy of the Articles of
Organization of the Company, certified by the Secretary of State, in the Record
Book of the Company.
2. OPERATING AGREEMENT
The Chairman presented a signed Operating Agreement attached to these Minutes as
Exhibit "B" The following resolutions were moved, seconded and adopted:
RESOLVED, that the Operating Agreement attached to these Minutes as
Exhibit "B" is adopted as the Operating Agreement of the Company; and
RESOLVED FURTHER, that the Secretary is in structed to certify a copy of the
Operating Agreement and insert it in the Record Book of the Company.
3. COMPANY SEAL
The Chairman then presented the Company's seal. The following resolution was moved,
seconded and adopted:
RESOLVED, that the Company's seal containing the words "400 Gibraltar LLC, a
California Limited Liability Company" together with the date of organization of
the Company as shown by the impression thereof on the margin of this page, is
hereby adopted as the Seal of the Company.
4. CERTIFICATES OF MEMBERSHIP INTEREST
The chairman presented a proposed form of Certificate of Membership Interest to be used
by the Company for its Membership Interests, a blank copy of which is attached to the
Minutes as Exhibit "C" The following resolutions were moved, seconded and adopted:
RESOLVED, that the Certificates of Membership Interest representing
Membership Interests in the Company be in substantially the same form as the
form of Certificate of Membership attached to this Certificate as Exhibit "C".
RESOLVED FURTHER, that each Certificate of Membership Interest shall be
consecutively numbered beginning with number 1, shall be issued only with the
signature of all of the Managers of the Company as provided in the Operating
Agreement and the Company seal affixed thereto; and
RESOLVED FURTHER, that each Certificate of Membership shall state the name
of the Company, the laws of the state under which the Company is organized, the
name of the owner to whom issued, the date of issue and Percentage Interest
represented hereby; and
RESOLVED FURTHER, that each Certificate of Membership Interest shall state a
statement of designations, preferences, qualifications, limitations, restrictions, and
special or related rights of the holder on the face or back of the certificate, or, in
lieu thereof, the Company shall furnish the statement as a separate document to the
holder upon request without charge; and
2
----i---··--···----. •·--··• .. -----
NAME
Foroozandeh Sahba
Ali Vatani
ACCEPTANCE OF APPOINTMENTS
OFFICE
President/Chief Financial
Officer/Manager
Vice-President/Secretary/
Manager
ACCEPTANCE
(~/~
d4~
Ali Vatani
The Officers and Managers accepted their appointments as evidenced by their signatures
above
8
EXHIBIT REFERENCE
Exhibit "A" Articles of Organization
Exhibit "B II Operating Agreement
Exhibit "C" Form of Certificate of Membership Interest
Exhibit "D" Form of Bank Resolution
9
EXHIBIT B
[OPERATING AGREEMENT]
11
--------------··---·---------
EXHIBIT C
[FORM OF CERTIFICATE OF MEMBERSHIP INTEREST]
12