HomeMy WebLinkAbout2024-03-12; City Council; Resolution 2024-048RESOLUTION NO. 2024-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND AFFIRMING THE CITY ENGINEER
DESIGNEE'S APPROVAL OF THE GRADING FINAL PUNCH LIST, RELEASE OF
GRADING SECURITIES AND APPROVAL OF THE NOTICE OF COMPLETION AND
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR GRADING PERMIT NO.
GR2021-0016
WHEREAS, the Planning Commission approved Resolution No. 7383 to issue a Coastal
Development Permit to allow the demolition of an existing single-family residence and the construction
of a new single-family residence located at 4005 Skyline Road; and
WHEREAS, Scott Alexander Sarem and Kyra Bush Sarem, as trustees under the Sarem Family
Trust Dated July 17, 2008, or Owners, entered into a Grading and Erosion Contract Agreement with the
city on Sept. 22, 2021, to perform grading and erosion control work; and
WHEREAS, Grading Permit No. GR2021-0016 was issued on Sept. 29, 2021; and
WHEREAS, after the grading and erosion control work was completed, the Owners submitted
the following three reports to substantiate that the grading and erosion control work was completed
in compliance with the Grading Permit: Revised Final Geotechnical Report dated Aug. 10, 2023, Final
As-Built Drawings approved on Sept. 5, 2023, and the Final Best Management Practice, or BMP,
Certification Report dated Aug. 23, 2023, or Three Reports; and
WHEREAS, in reliance on the certifications and attestations provided in the Three Reports, city
staff determined that the project was complete and sent a Grading Final Punch List letter to the Owners
on Sept. 6, 2023; and
WHEREAS, on Sept. 14, 2023, the city authorized the release of the grading bond in the amount
of $586,151.90; and
WHEREAS, on Sept. 14, 2023, the city authorized the release of the cash deposit for the grading
work in the amount of $65,128; and
WHEREAS, on Sept. 25, 2023, Aannestad Andel in & Corn LLP, on behalf of their clients, Josh and
Terri Edwards, the owners of a downhill neighboring property, filed an appeal challenging the release
of the grading securities and the Notice of Completion and Acceptance of Public Improvements, or
Appeal; and
WHEREAS, the attorneys for Josh and Terri Edwards represented that they were unaware of the
completion of the Grading Final Punch List on Sept. 6, 2023, when they inquired of staff about the
project status on Sept. 14, 2023, otherwise they would have timely appealed that decision; and
WHEREAS, to avoid a distracting procedure issue, the City Attorney's Office recommended
including the Grading Final Punch List in the decisions being appealed by Josh and Terri Edwards; and
WHEREAS, on March 12, 2024, the City Council conducted a duly notice public hearing to hear
the Appeal; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based
upon the oral and written evidence presented as well as the entirety of the administrative record for
the project, which is incorporated herein by this reference; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the appeal is untimely except as to the following decisions of the City Engineer's
designee: completion of the Grading Final Punch List, release of the grading securities
and approval of the Notice of Completion and Acceptance of Public Improvements.
3.That based on the oral and written evidence presented during the public hearing, as well
as the entirety of the administrative record for Grading Permit No. GR2021-0016, the
decisions of the City Engineer designee to approve the Grading Final Punch List, release
the grading securities and approve the Notice of Completion and the Acceptance of
Public Improvements complied with the Grading Ordinance and are supported by
substantial evidence.
4.That the appeal is denied and the decisions of the City Engineer designee are affirmed.
5.That this action is final the date this resolution is adopted by the City Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking
judicial review must be filed in the appropriate court not later than the 90th day
following the date on which this decision becomes final; however, if within 10 days after
the decision becomes final a request for the record of the proceedings accompanied by
the required deposit in an amount sufficient to cover the estimated cost of preparation
of such record, the time within which such petition may be filed in court is extended to
not later than the 30th day following the date on which the record is either personally
delivered or mailed to the party, or the party's attorney of record, if the party has one.
A written request for the preparation of t he record of the proceedings shall be filed with
the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 12th day of March, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, LUNA.
NONE.
BURKHOLDER.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)