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Home My WebLink About; Dean, Susan M.; 2002-0375803; Certificate of Compliance/Non ComplianceDOC # 2002-0375803 RECORDING REQUESTED BY: Building Department CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. CA 92008 MRY 02. 2002 4219 PM OFFICIAL REWRPS FEES: 26.00 Space above this line for Recorder’s use. CERTIFICATE OF NONCOMPLIANCE Assessor’s Parcel Numberr : 2145710300 Property Address: 131 5 Phlox Ct Owner of Record: Dean Susan M Date of Certificate: April 30,2002 Pursuant to Section 18.04 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 1315 Phlox Court Carlsbad, California is not in compliance with Carlsbad Municipal Code sections 18.14.015 and 21.44.130 in that the property contains an unpermitted garage addition. The owner of record, Susan M. Dean, has been notified of the noncompliance, and this notice shall remain on record until all necessary corrections have been made and the property is in compliance with the Carlsbad Municipal Code requirements and the terms of the Agreement attached as Exhibit “A to this notice have been fulfilled. Until a Certificate of Compliance is recorded by the Building Official of the City of Carlsbad, all 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. Building Official, City of Carlsbadl STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) ):SS On Apil I 39 adefore me, %A-vb J. dedw , notary public, personally appeared fb& /6L dP/h personally known to me or proved to me on the basis of satisfadtory evidence to be the person(sl whose name@ is/= subscribed to the within instrument and acknowledged to me that he/&dthey executed the same in hislhedhir authorized capacity(@, and that by hisl-r signatureo on the instrument the personw, or the entity upon behalf of which the person@ acted, executed the instrument. Witness my hand and official seal. CERTIFICATE OF NONCOMPLIANCE Exhibit “A” AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SUSAN DEAN REGARDING REQUEST FOR REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT +- This Agreement is entered into this 50 day of April, 2002 (‘‘Effective Date”) by and between Susan Dean, who owns and resides at the property located at 1315 Phlox Court in Carlsbad, California (“Owner”), and the City of Carlsbad, a municipal corporation (“the City”). RECITALS WHEREAS, Owner built an office in the garage of her home (“the Improvement”) located at 1315 Phlox Court in Carlsbad, California (“the Property”); WHEREAS, the Improvement was built without a building permit and in violation of Carlsbad Municipal Code sections 18.14.015 and 21.44.130; WHEREAS, the City informed Owner of the violations and subsequently initiated an enforcement action against her to compel their remediation; WHEREAS, Owner acknowledges the violations and has requested that the City allow the Improvement to remain, not withstanding the Carlsbad Municipal Code requirements, as a reasonable accommodation under the Americans with Disabilities Act (“ADA”); WHEREAS, in support of her request for reasonable accommodation, Owner has represented to City the following: a. that her son is severely disabled with autism and attention deficit hyperactivity disorder; b. that her son’s conditions result in frequent loud and physical outbursts and other disruptive behavior; c. that Owner works from home, her work requires frequent use of the telephone, and, as a result, she needs a quiet atmosphere in which to perform her work; d. that Owner works from home in order to provide for her family while overseeing and assisting in the care of her son; e. that Owner’s oversight and caregiving include, without limitation, calming her son during his outbursts and comforting him after them, preparing and providing her son with special meals prescribed to him by his health care providers, and ensuring her son is not abused by his professional caregivers because of his disruptive behavior; f. that the Improvement has sufficient soundproofing to enable her to perform her work and also has sufficient visual and physical accessibility to allow to perform her oversight and caregiving activities; and g. that there is no location in living area of the Property where a like improvement can be constructed; WHEREAS, City Council Policy Statement No. 52 authorizes the City Manager to resolve disputes regarding ADA compliance; and WHEREAS, the.City Manager has determined that a reasonable accommodation to the City’s Municipal Code is appropriate in this instance subject to the terms and conditions below. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises made by and between the parties, the parties agree as follows: 1. Owner will permit the City of Carlsbad to record a Certificate of Noncompliance (“the Notice”) against the Property. The Notice will advise all prospective purchasers and lenders that the property does not comply with the City’s Municipal Code or the California Building Code, which has been incorporated into City’s Municipal Code by reference. The Notice will remain in effect until the Improvement is removed and removal is verified by the City’s Building Department. 2. Owner understands that the Notice may impair her ability to sell, transfer, remodel, refinance or otherwise use, enjoy, convey, or dispose of the Property. 3. Owner waives any rights she may have to appeal or challenge the Notice under Chapter 18.04 of the Carlsbad Municipal Code or other applicable law. Further, Owner (on behalf of herself and her relatives, heirs, estate, executors, administrators, successors, and assigns) agrees to hold the City of Carlsbad (including its officers, employees, agents, volunteers, and elected and appointed officials) harmless from any demands, actions, causes of action, claims, judgments, obligations, damages, losses, liabilities, and costs, including attorneys fees and costs, arising out of this Agreement and/or the recording of the Notice. 4. Within ten (10) business days after the Effective Date of this Agreement, Owner will allow representatives of the City’s Building Department to inspect the Improvement. If the Building Department determines that there are health and safety concerns with the Improvement, Owners agrees to remedy these concerns to the satisfaction of the Building Department within thirty (30) calendar days after being notified of the health and safety concerns. 5. The City agrees to dismiss its enforcement action and will not reinitiate enforcement proceedings as long as: (a) Owner continues to be the sole owner of the Property; (b) Owner continues to work from her home at least twenty (20) hours per workweek; and (c) Owner’s son continues to reside in the home. If, at any time, Owner ceases to meet one or more of these conditions, then Owner agrees to remove the Improvement at her own expense within thirty (30) calendar days of the cessation. If Owner does not remove the Improvement within this timeframe, then the City may take whatever action it determines is appropriate to remedy the above-referenced violations. 6. Owner may request the City record a Certificate of Compliance once the Improvement has been removed and removal has been verified by the City’s Building Department. 7. This reasonable accommodation is made in express reliance on the representations of Owner contained in the Recitals. In addition, this reasonable accommodation relates solely to the Improvement and the above-referenced violations. Nothing in this Agreement is intended to authorize Owner to engage in any other activities in violation of the Carlsbad Municipal Code or other applicable law. 8. While this Agreement remains in effect, Owner will allow the City’s Building Department to inspect the Property and the Improvement at reasonable times and upon reasonable notice to ensure Owner’s compliance with the Agreement. 9. Nothing in this Agreement is intended to affect or abrogate any rights or obligations Owner may have under any Covenants, Conditions and Restrictions applicable to the Property. 10. This Agreement constitutes the entire agreement and understanding between the parties. It supersedes any previous oral agreement or understanding between the parties regarding any matter contained in it. This agreement may not be modified except in a writing signed by both parties. 11. The interpretation and enforcement of this Agreement is governed by the laws of the state of California. Jurisdiction and venue for any dispute arising out of this agreement is San Diego County. 12. If any term or clause of this Agreement is determined to be invalid by a court of law, the remaining terms or clauses will continue to be enforceable. 13. The parties will each bear their own attorney’s fees and costs with respect to the matters resolved by this Agreement. 14. Owner acknowledges that: (a) she has carefully read this Agreement, knows its contents, and fully understands it; (b) she has had an opportunity to have it fully explained to her and has discussed it with an attorney of her choosing prior to signing it; (c) she fully understands its final and binding effect; (d) the only promises made to her to sign it are those stated above; and (e) she is signing it voluntarily. ACKNOWLEDGED AND ACCEPTED: OWNER: CITY SUSAN DEAN City Manager APPROVED AS TO FORM: Attorney for Owner CINDIE K. McMAHON Deputy City Attorney STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ):SS On M@L 2, mefore me, JAM= 6, &W H u-% , notary public, personally appeared SWAM fi k4N Pe-n tawor proved to me on the basis of satisfactory evidence to be the person@) whose name(6) is/* subscribed to the within instrument and acknowledged to me that Wshdby executed the same in bis/her/tkeir authorized capacity(ioe), and that by bie/her/tkeir signature(# on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. Witness my hand and official seal. OFFICIAL SEAL 1 JAMES F. BEACHLER COMM. NO. 1238261 1 SAN OEGO COUNTY MY COMM. EXP. OCT. 16,2W3 1 $ NOTARY PUBLIC-CALIFORNIA~ ATURE OF NOTARY I