HomeMy WebLinkAbout; Atiga, Michael & Elizabeth; 2024-0037724; Deed Restriction1 n,f
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad
Attn: Code Enforcement
1635 Faraday Ave.
Carlsbad, CA 92008
(Space above for recorder's use)
DOC# 2024-0037724 I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll 11111 1111111111111
Feb 14, 2024 10:18 AM
OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $125.00 (S82 Atklna: $75.00)
PAGES: 13
DECLARATION OF COVENANTS AND LAND USE RESTRICTIONS
This DECALARTION OF COVENANTS AND LAND USE RESTRICTIONS and any addendums
("Agreement"), effective as to the City of Carlsbad ("City") and Michael and Elizabeth Atiga
("Property Owner(s)"), as the owner(s) of real property located at 3230 Madison Street as of the
date executed by City and Property Owner(s), and City and Property Owner(s) sometimes
collectively referred to as "the Parties," is made with reference to the foliowing facts:
I.RECITALS
1.1 On 08/16/2023 City issued a notice to of violation related to an Accessory Dwelling
Unit on certain real property in the City of Carlsbad, the County of San Diego, California, located at
3230 Madison Street APN 2040830300 as described in Exhibit "A" and referred to as "the
Property;" and
1.2 For purposes of this Agreement, "Accessory Dwelling Unit" has the same meaning as
defined in Government Code §65852.2; and
1.3 On __ l l /29 /2023 _____ � Property Owner(s) allowed City to conduct a
code enforcement or building inspection of the Accessory Dwelling Unit and related building
construction, protection, and occupancy features. The goal of the inspection was to clarify the status
of the Property's use and to determine what permits or other requirements might be needed to be
satisfied to bring the Accessory Dwelling Unit into compliance with the Carlsbad Municipal Code or
other applicable laws; and
1.4 The City's code enforcement inspection was not technically exhaustive -the
inspection was limited to visual observations of apparent conditions that could be readily seen and
easily discernable at the time of the inspection. The City inspector(s) contemporaneously determined
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that there was sufficient evidence that the Accessory Dwelling Unit does not contain any substandard
building hazards or defects that endanger life, limb, help, property, safety or welfare, pursuant to
Health and Safety Code §17920.3. The City's inspector(s) also determined that the violation does
not require immediate corrective action necessary to protect health and safety, pursuant to Health
and Safety Code § 17920.3; and
1.5 Pursuant to Government Code §65852.2(n) and Health & Safety Code § 17980.12,
"an enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling
unit described in subparagraph (A) or (B) below, a notice of violation of any provision of any
building standard pursuant to this part shall include in that notice a statement that the owner of the
unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant
accessory dwelling unit ordinance, but the ordinance is compliant at the time the
request is made;" and
l .6 The City Council of the City of Carlsbad adopted Ordinance No. CS-384 on
September 15, 2020, which updated the Accessory Dwelling Unit Ordinance (Section 21. l 0.030
of Title 21 of the Carlsbad Municipal Code); and
l .7 Property Owner(s) submitted evidence satisfactory to City to demonstrate that the
Accessory Dwelling Unit was built prior to September 15, 2020, and on 10/25/2023 submitted a
Five-Year Stay of Enforcement and Checklist ("Application;" Exhibit "B"), requesting that
enforcement of the noticed building standards violations be delayed for a five-year period,
pursuant to Government Code §65852.2(n) and Health & Safety Code §17980.12; and
1.8 The violations subject to this Agreement and stay of enforcement are listed in Exhibit
"C;" and
1.9 Neither prior property owners, lessees of Property or the Accessory Dwelling Unit, nor
other responsible parties, if any, are not parties to this Agreement.
li. COVENANTS
2.1 For the duration of this Agreement or until January 1, 2035, whichever date is sooner,
City will waive enforcement against Property Owner(s) for existing Accessory Dwelling Unit violations
listed in Exhibit "C" and any other violations that are not necessary to correct to protect health and
safety, so long as Property Owner(s) comply with the covenants in this Agreement. The enforcement
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of the violations is delayed for only a five-year period, storting from the date the application is
granted by the city. The five-year anniversary date from the date of City's approval of the
Application shall be hereafter known as the Agreement's "Expiration Date."
2.2 By entering into this Agreement, Property Owner(s) agree to all of the following:
(A) Use good faith efforts to obtain all applicable City permits to correct all
violations (see Exhibit "C") and complete all construction work 90 days after the
expiration of Stay of Enforcement. For the purposes of this section "Obtain" means
that the applicable permit is completed or secured (i.e., approved by the appropriate
City department and issued to the Property Owner(s) or authorized agent). Property
O wner(s) must also satisfactorily complete all work and final the applicable permit by
receiving a certificate of occupancy not more than 90 days after the expiration date
of the Stay of Enforcement.
(B) Use good faith efforts to abate and/or discontinue all violations listed in
Exhibit "C" and perform all restorative work to restere the property to a legally
compliant condition prior to the Expiration Date established in Section 2.1 of this
Agreement.
(C) Make no changes or alterations to the Property in the future, unless approved
by City in advance by permit or otherwise.
(D) Remain in compliance with all applicable provisions of the Carlsbad Municipa l
Code, state codes, land use permit conditions, and all covenants, restrictions, and
conditions contained in this Agreement that are not the subject of the stay of
enforcement agreed to by City in Section 2.1 of this Agreement ..
(E) Upon 48 hours or more notice by City, allow City to conduct ongoing inspections
during the five-year term of this Agreement to monitor violations and ensure the
absence of any health and safety violations as defined in Section l .4 of this
Agreement. This condition shall not relieve City of the obligation of seeking an
inspection warrant to gain access to the premises in the event that such consent is
denied.
(F) Post the Application at the Property in a conspicuous location.
2.3 Property Owner(s) understand that future improvements to the Property may require further
permits. Such additional improvements constructed in accordance with the requisite permits shall not
require an addendum to this Agreement.
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Ill. RESTRICTIONS AND CONDITIONS
3.1 Integrated Agreement. This Agreement constitutes the entire Agreement between
the Parties. No modification are binding unless reduced to writing and signed by the Parties.
3.2 Duration of Agreement. This Agreement shall remain in effect from the date of
execution by the Parties and terminate on the Expiration Date, as defined in Section 2. l of this
Agreement. This Agreement, and any section, subsection, or covenant contained herein, may be
amended only upon the written consent of Property Owner(s) and the Code Enforcement Manager.
3.3 Recording of Agreement. The covenant shall run with the land at the time of the
conveyance, on notice to any and all future owner(s) or interested parties of the Property and lasts
indefinitely through the subsequent possessors or interest. The covenant may still be enforceable
against a subsequent holder of title if it necessitates such an outcome as required by this Agreement
or if the subsequent owner has notice of the covenant. Property owner(s) agree to sign any document
necessary for recording. lf all conditions required of Property Owner(s) have been met, City shall
from time to time, and upon the request and at the expense of Property Owner(s), execute such
documentation in recordable form which is reasonably necessary to show that Property Owner(s)
have met the level of performance as set forth within this Agreement, and such documentation may
be recorded by Property Owner(s) in the Official Records of the County of San Diego so as to not
unfairly cloud the title to such Property.
3.4 Representations of Parties. The Parties each represent and warrant that they have
freely considered, reviewed, and negotiated the terms of this Agreement, have had the opportunity
to investigate and discuss it with her /their legal advisors or have been given the opportunity to retain
an attorney and investigate and discuss the terms of this Agreement with said attorney, and that all
have signed it voluntarily. By voluntarily signing this Agreement, the Parties represent and warrant
that they have relied on their own judgment and any independent legal advice they may have sought
and not upon any recommendations or representations of the other or from any opposing attorneys
or third parties. By voluntarily signing this Agreement, the Parties each confirm that they understand
and accept the terms of this Agreement as resolving all claims known and unknown they have or might
have had against the other. The Parties represent and warrant that they have the full right, capacity,
and authority to enter into and perform this Agreement. Such representations and warranties shall
survive full execution and performance under this Agreement.
3.5 Representations and Warranties Re: Claims. Each of the Parties hereto represent
and warrant, for the benefit of each of the other Parties, that they are the owners of the claims
which are the subject of this Agreement and that such claims have not been assigned, transferred
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or hypothecated, whether voluntarily or involuntarily, by subrogation, operation of law or
otherwise, to any other person or entity. Such representations and warranties shall survive full
execution of and performance under this Agreement.
3.6 Hold Harmless. Property Owner(s} agree, to the fullest extent permitted by the
law, to indemnify, hold harmless, and defend (without !imitation} City and its elected officials,
officers, employees and agents jointly and severally 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 Lessee's actions or defaults
pursuant to this Agreement, and shall protect and defend lndemnitees, and any of them with
respect thereto. This provision shall survive the term of this Agreement.
3.7 Severability. The invalidity or unenforceability of any provision of this Agreement
shall not affect or impair any other provisions, which shall remain in full force and effect.
IV. VIOLATIONS
4.1 The consequence to the Property Owner(s} for non-compliance at any time during the
term of this Agreement or for any violations not subject to the stay of enforcement include, but are
not limited to: criminal prosecution, civil injunction, administrative abatement, administrative citations
or administrative civil penalties, revocation of permits, recordation of notices of pending enforcement
action, and recordation of certificates of non-compliance as set forth in Carlsbad Municipal Code
Section l . l 0.050.
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SIGNATURE AND ACKNOWLEDGEMENT PAGE
IN WITNESS WHEREOF, this Agreement has been executed by Property Owner and acknowledged
by City this day and year first above written.
CITY
By, (¼ j4 ~ G<lM-A,_
/JJJD\/ DE LA µ!U.F_
(insert printed norne here)
lts: CooE &JfOR.CE M w:c OttlXf.'iZ-::n::..
(insert title here)
APPROVED AS TO FORM:
(insert printed norne here)
(insert printed norne here)
OWNER SIGNATURES MUST BE ACKNOWLEDGED BY A NOT ARY PUBLIC.
ATTACH ACKNOWLEDGEMENTS TO THIS AGREEMENT.
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD. COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
LOTS 9, 10, AND 11 IN BLOCK 46 OF CARLSBAD, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, FEBRUARY 15. 1894.
APN: 204-083-03-00
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LEGAL DESC.docx • WI
Five Year Enforcement Stay
Community Development
1635 Faraday Ave
Carlsbad, CA 92008
www.carlsbadca.gov HEALTH & SAFETY CHECKLIST
Thls checklist does not constitute approval of work not conforming to the provisions of the Californla Building Standards or the waiving of unpermltted work. lf used to document vlolations
where a stay of enforcement per Govemment Code §65852.2(n) and Health & Safety Code§ 17980.12 has been requested, a copy of this completed list. sig ned by both the property owner and
the City of Carlsbad, shall be posted at the subject site for the du ration of the requested stay in enforcement and shall be provided to prospective buyers and tenants with their respective escrow
or lease documentation.
Owner information (Please print legibly)
FmrCI-IAEI #Ln.A Be ,-t,st
name: A 7TGA-
Property address~;; use one form per address / unit)
Streetaddress: 3 23D ,,l'IIIDI,So,,../ ~ Unit#:
Date of original constructlon: '
Item li Part I -Site and exterior construction
1.1 Leglble and visible address number and unit ldentlfication: Address numbers clearly
visible from street; number/letters minimum 4 inches high if new.
1.2 Storage of Junk and rubblsh and/or overgrown vegetation
Household trash, ti res, scrap wood, scrap metal, etc. shall be stored and protected in
an orderly fashlon as to not be an attractive nuisance.
Property shall be clear from any junk/rubbish, overgrown/dry vegetation, and/or
weeds capable of being ignited and endangering the property.
1.3 WUI requirements: Propertles located in a WUI zoneshall maintain vegetation per the
provlslonsof CA Government Code 51182 and CA Fire Code 304.1.2.
1.4 Dumpsters/trash cans: Must be in enclosure if provided/stored out of public right-of-
way!free from trash overflow.
1.5 lnoperable/unreglstered vehlcles: Stored out of the front yard or exterior side yard
and on a paved surface.
1.6 lnfestation: Property shall be clear of all infestations-insect, rodent, etc.
1.7 Building separation on site: All buildings on the same lot shall be separated from each
other in accordance with applicable zoning and building regulations. Dwellings shall be
separated from other dwellings on the same lot in accordance with CRC R302.
1.8 Roof: Shall be free from any visible holes or penetratlons, and no evidence ofleaks at
the underlylng ceiling. Ridge lines to be straight with no visible sagging.
1.9 Exterior surfaces: Surfaces shall be protected by palnting or other protectlve covering
from the elements.
1.10 Fire-resistant construction requlrements: Exterior walls and roof projections located
doser than 5 feet to property line to comply with CRC R302.
1.11 Foundatlon vent screens/crawl space covers: Vent openings to be properly covered
with screening In good worklng condition with no evidence of rodent entry.
1.12 Stairways -landings/treads/risers/balusters/handrails: To be In good condition, free
from visible structural defects (loose treads, missing balusters or handrails, rotting
or deteriorating materials) or anything that could cause a trip or fall hazard (e.g.,
nonuniform or noncompliant treads or risers).
1.13 Exterior walkways/exit passageways/common areas: To remaln clear and in a safe
and sanitary condition.
1.14 Exterior lighting: All exterior doors and stairs shall have lighting.
Multi-family (3+ units) only
red-1.15 Fire extinguishers: Properly serviced, labeled, and sto
minimum size 2A 10-BC.
1.16 Fire sprinkler system: Certlficatfon of 5-year inspectlo n required, lf installed.
d labeled and exhiblt no signs of 1.17 Electrical/gas meters: Must be properly protected an
tampering. Utilities in an exterior closet or room may require signage.
r both needed. 1.18 Exlstlng fire Ianes clearly marked: Sig nage or paint o
Page 1 of4
I
APN: :Jdl-oi3--osoo
STATUS
C: Compliant NC: Non-compliant N/A: Not applicable NC: Non-compliant
Owner
C NC
N/A lnspector
C NC
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e. · Five Year Enforcement Stay
HEALTH & SAFETY CHECKLIST .
Street address: Unit#:
Item# PART li -lnterior construction
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.1 1
2.12
Egress and escape: One minimum 3'-0 egress door per dwelling unit & one
emergency escape/rescue opening (window or exterior door) per sleeping room.
Egress doors and escape openings shall be openable without requiring the use of
keys, tools or special knowledge. lf window bars or screens are present, they shall
function without use of key, tool or special knowledge. There shall not be any
double key locks on any form of egress throughout the unit.
Fire separation requirements:
• Common walls shared by two or more dwelling units shall be constructed of an
approved 1-hour fire-rated assembly extending from foundation to underside of
roof sheathing.
, Dwellings with attached garages shall have 1/i-inch gypsum wallboard on the
garage side ofthe wall with joints taped and nail heads spotted.
, All floors, including floors located over crawl spaces containing storage or healing
appliances, shall have a minimum of½-inch gypsum sheathing or 5/8-lnchwood
structural panel membrane on the underside of the floor framing members.
5moke alarms: Shall be working, in good condition and properly installed in
each room used for sleeping, outside rooms used for sleeping, and In all levels
including basements.
Carbon monoxide alarms: Shall be working, in good condition and properly installed
at every level including basements. A carbon monoxide alarmshall be provided in
sleeping rooms containing a fuel-burning appliance.
lnfestation: Dwelling shall be clear of all infestations-insect, rodent, etc.
Walls and ceilings: Shall be good habitable condition clear of large holes, missing
sections, etc. Walls and ceilings to show no evidence of mildew, rotor structural
distress. Ceilings shall be of sufficient height
Windows:
, All windows to provide adequate weather protection and be in good condition; no
broken glass/plastic coverings, etc.
• Windows located in hazardous areas per CRC R308.4 shall comply with the impact
test requirements of CRC R308.3.1.
Flooring: Floors shall not be in a defective or deteriorating condition that could cause
a trip or fall hazard or lmpact sub-flooring.
Sub-floorlng: Shall be in good condition without buckling or sagging that suggests
structural defects.
Stairs/handrails/guards:
• 5ee Exterior lnspection list for general requirements.
, All interior stairs shall be provided with lighting switched at each level.
• All interlor stairs shall be provided with a handrail/guardrail perCRC R311/312.
lnsulation: lnsulating materials shall have a flame spread index not to exceed 25 and a
smoke-developed index not to exceed 450.
Bathroom requlred: Every dwelling unit shall be provided with a water closet,
lavatory, and a bathtub or shower.
2.13 Kitchen required:
2.14
, Each dwelling shall be provided with a kitchen area with a permanently installed
cooking appliance.
• All kitchen areas to be provided with a means to store and refrigerate food.
, All kitchen areas shall be provided with a kitchen sink and minimum 30-inch wide
counter work space to prepare food.
Minimum room size:
, Each habltable room shall have a floor area of not less than 70 square feet.
, The minimum dimension of habitable rooms shall be no less than 7 feet in any
horizontal direction.
Page 2 of 4
STATUS
C: Compliant NC: Non-compliant N/A: Not applicable
Owner N/ A lnspector Remarks
C NC C NC
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9 Five Year Enforcement Stay
HEALTH & SAFETY CHECKLIST .
Street address: Unit#:
3.2 Electrical system (general):
• Dwelling shall have permanent source of utility electrical power.
• All wlrlng and electrical components shall be in good working condition -no
spliced wiring, no exposed wiring, and all outlets and switch plates shall have
appropriate coverings .
• GFCI in bath, kitchen and other spaces perCEC 210.8 and to be operational.
• AFCI required for all 120V, 15-or 20-amp circuits except at garages, bathrooms
and exterior .
. All dwellings and other building with more than one multiwire branch circuit shall
have a grounding electrode system per ae Article 250, Part Ill.
3.3 Electrical panels:
3.4
3.5
3.6
3.7
• Shall have an enclosure listed for use in the environment in which the panel is
located. No uncovered openings in the panel.
• Shall not be located in an unsafe location (e.g., bathroom or clothes closet) .
• Each breaker shall be legibly marked to indicate its purpose. All unused breaker
openings shall be covered in an approved manner.
• Each dwelling shall have unhindered access to the breakers for circuits in
their dwelling.
Heat: Dwelling shall have a functioning, permanently installed heating source capable
of providing adequate heat to the dwelllng. Portable heating units shall not be used
to satisfy this requirement
Mechanical:
• All mechanical equipment in the dwelling, including furnace, appliances, venting
systems, air conditioning unit, etc., shall be installed per manufacturer's instructions
and function properly.
• All fuel-burning appliance installations shall comply with CMC requirements for
venting and combustion air
. Appliance pilot flame or ignition device shall be located a minimum of 18 inches
above the floor when located in garage.
Plumbing:
• Dwelling shall have hot and cold runnlng water.
• Dwelling shall have compliant plumbing throughout dwelling with no leaks, shall
have P-traps, toilets shall be secured to ground, and sinks shall be secured to
walls, etc.
Water Heaters: Shall have proper strapping, drain/lines, and venting.
Page 3 of4
X
X
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e. · Five Year Enforcement Stay
HEALTH & SAFETY CHECKLIST .
NON-MANDATORY REQUIREMENTS: The items in Parts I through III are a quick means of assessing the suitability of existing unpermitted construction to function as a
residential dwelling unit. Items in Part 4 are potential requirements for what constitutes a legal unit. When deciding to legalize unpermitted construction, the work shall comply
with all aspects of the applicable State of California Building Standards Codes and ether relevant parts of the California Code of Regulations. Below is a partial list of items to
consider for compliance. Each request will be evaluated on a case-by-case basis, and inclusion in this list does not guarantee that such a request will be granted.
4.1 Site grading and storm drainage:
• Lots to be graded to draln surface water away from perimeterfoundatlons.The grade shall fall a minimum of 6 inches withln the first 10 feet or 5% slope.
• Surface drainage to be diverted to a storm sewer conveyance or ether approved point of collection thai does not create a hazard. Stormwater shall not be
directed across property lines.
4.2 Foundations: Foundation at exterior walls to be continuous under the wall and:
• Bea minimum of 12 lnches wide with minimum 12 inch embedment into earth.
• Have a minimum #4 continuous reinforcing bar top and bottom.
4.3 WUI zone: Properties located in a WUI zoneshall comply with CRC R337 and California Fire Code Chapter 49.
4.4 Flood zone: Properties located in flood zones ether than A-99 shall be constructed in compliance with the provisions of CRC R322.
4.5 Light and ventilation: Habitable rooms shall have an aggregate glazing area of not less than 8% of the floor area of such rooms, minimum of one-half
or4%ofwhich shall beopenable.
4.6 Windows: All wlndow openlngs where the bottom of the operable windowsill is located less than 24 inches above adjacent floor surface
and more than 72 inches above the surface on the exterior side of the window shall be provided with wlndow fall protection devices.
4.7 Roofs: To be vented in accordance with CRC R806 with vent openings properly screened with no evidence of rodent intrusion.
4.8 Energy compliance: Unpermitted buildings that are conditioned shall comply with the provisions of the California Energy Code.
Owner's declaration
I attest that under penalty of perjury that the foliowing statements are true and correct:
1. I am the owner or authorized representative of the owner of the property (address listed above); and
2. I am not aware of any conditions of the property that present a threat to health and/er safety.
3. lf my property is eligible, I acknowledge that I will be required to enter into a Land Use Agreement with the City of Carlsbad fora stay of enforcement to be granted.
Name:(~1_~
Signature: Date:
Owner's declaratio
indemnity/waiver
Owner shall defend, indemnify and hold harmless the City of Carlsbad, its officers, officials, employees and volunteers from any and all losses, claims, liabilities, costs,
da mages or expenses (including attorney's fees and costs) to any person or property arising out of, either directly or indirectly, or in connection with the rental, occupancy,
use and/er accessibility of the accessory dwelling unit at the address li sted above, and/er in connection with City of Carlsbad's issuance or revocation of
a five-year stay on enforcing code violatlons related to said accessory dwelling unit, to the fullest extent permitted by law.
Name: (please print)~~ ~C::,
Signature:
For city use only
Granted by:
Deniedby:
Name/title:/J/1,/(1\/ DE LA 1b/lR. L 0:.
Name/title: C o~E. O F \=J:C.1!..,(_
Health and safety risk causing denial:
Signature:~~
Signature:
Page 4of 4
On:
18.04.025 Section 105 (Permits) of the California
Building Code amended.
A. Section 105.1 is amended to read as follows:
105.1 Required.
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair,
move, demolish or change the occupancy of a building or structure, or to erect, install,
alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing
system , the installation of which is regulated by this code, or to cause any such work to
be performed shall first make application to the building official and obtain the required
permit. The submission of a building permit application shall be construed as attestation
that the property owner and/or perm it applicant are aware of the scope of the project
and will only perform or allow work within that scope unless a building permit revision is
subsequently authorized by the building official.
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who sig ned the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
}
}
On Jan. 12,2024 before me, Ana Alarcon , Notary Public
(Here ,nsen name and bUe ol die officer)
personally appeared Michael Atiga & Elizabeth Atiga
who proved tome on the basis of satisfactory evidence to be the person@whose
name@ is@subscribed to the within instrument and acknowledged to me that
he/she~executed the same in his/he~uthorized capacity@, and that by
his/her~signatura!§) on the instrument the persor(@), or the entity upon behalf of
which the person@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.
~ot(k;cs~~ (Notary Public Seal)
ANA ALARCON
COMM. #2333444 z
Notary Public • Californla ~
San Diego County ...
M Comm. Ex ires Se . 14, 2024
ADDITION AL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THJS FORM
Thisform complies wilh current Califomia statutes regardi11g 110/ary wordmg and,
DESCRIPTION OF THE ATT ACHED DOCUMENT ifneeded, shou/d be co111p/e1ed and auached to the document. Ack11owledgments
from other states may be completedfor documents being selll to thai state so /ong
as the wording does 1101 ,-equire the Ca/ifornia 110/ary to violate California notary
(Titte or description of attached document)
(Titte or description of attached document oontinued)
Number of Pages __ Document Date ___ _
CAPACITY CLAIMED BY THE SIGNER
□ lndividual (s)
□ Corporate Officer
(Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
0 0ther _________ _
www.NotaryClasses.com 800-873-9865
law.
• State and County infonnation must be the State and County where thc documcnt
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be lhe same date the acknowledgment is completed.
• The notary public must print his or her name as il appears within his or her
commission followed by a comma and then your title (notary public)
• Print the nmne(s) of document signer(s) who personally appear at the time of
nolarizalion.
• lndicate thc correcl singular or plural forms by crossing otT incorrect forms (i.e.
lle/she/they;-is /are) or circling the corrcct forms. Fa il ure to correclly indicate this
infonnation may lead to rejection of document record ing.
• The notary seal impression must be clear and pholographically reproducible.
lmpression must not cover text or lines. lf seal impression smudges, re-seal if a
sufficient area pennits, otherwise complcte a different acknowledgment form.
• Signature of the notary public must match the signalure on file with the office of
the county clerk.
❖ Additional information is not required but could help to ensure this
acknowledgment is nol misused or attached to a diffcrent document.
❖ lndicate title or type of attached document, number of pages and date.
❖ lndicate the capacity claimed by the signer. lf the claimed capacity is a
corporate officer, indicate the titlc (i.e. CEO, CFO, Sccretary).
• Securcly attach this documenl to the signed document wilh a staple.