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HomeMy WebLinkAbout; Nazari, Mohammad and Fereshteh; 2024-0147450; Deed Restriction'f RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad Attn: Code Enforcement 1 635 Faraday Ave. Carlsbad, CA 92008 (Space above for recorder's use) DOC# 2024-0147450 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jun 12, 2024 09:58 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $149.00 (S82 Atkins: $75.00) PAGES: 21 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 Mohammad and Fereshteh Nazari ("Property Owner(s)"), as the owner(s) of real property located at 3203 La Costa Ave 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 following facts: I. RECITALS 1.1 On 04/18/2024 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 3203 La Costa Ave APN 2231305100 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 __ 05/09/2024 _____ ~ 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 https://carlsbadca 1 gov-my .sharepoint.com/personal/andy _ delatorre_carlsbadca_gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City ATTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx 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 1 .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 21.10.030 of Title 21 of the Carlsbad Municipal Code); and 1.7 Property Owner(s) submitted evidence satisfactory to City to demonstrate that the Accessory Dwelling Unit was built prior to September 15, 2020, and on 05/09/2024 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. II. 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 https://carlsbadca1 gov-my.sharepoint.com/personal/andy_delatorre_carlsbadca__gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City ATTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx of the violations is delayed for only a five-year period, starting 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 Owner(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 restore 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 Municipal 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 1.4 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. https://carlsbadca1gov-my.sharepoint.com/personal/andy_delatorre_carlsbadca_gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City ATTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx 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 2.1 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. If 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 Rei;,resentations 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 Rei;,resentations 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 https://carlsbadca1gov-my.sharepoint.com/personal/andy_delatorre_carlsbadca_gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City ATTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx 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 limitation) 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 1.1 0.050. https://carlsbadca1gov-my.sharepoint.com/personal/andy_delatorre_carlsbadca_gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City A TTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx .... 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. ::TY~&&~ AAUW De. LA\o-e.~ (insert printed name here) Its: CnoE. E,jfz)fL(EVY\8\)1 D~:CC.i:Jc (insert title here) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY:_~_h __ Deputy / Assistant City Attorney OWNER D () -7 ~ By: .i~W0ZJYJ ~- /i1Dlt4inm acP /'/ezt:fo' (insert pr ted name here) ;r7 ~ r '] a I 2D 2-Lf (insert printed name here) (V1aljr30,U>l-~ OWNER SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC. ATTACH ACKNOWLEDGEMENTS TO THIS AGREEMENT. SEE ATTACHED FOR OFFICIAL ACKNOWLEDGMENT https://carlsbadca1 gov-my .sharepoint.com/personal/andy _ delatorre_ carlsbadca_gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City ATTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx • CALIFORNIA ACKNOWLEDGMENT CNIL CODE § 1189 A notary pub!Jc or other officercompletlngthis 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 San Diego } on !d lVf. Sifi;o~ personally appeared~~:;...v,~~~s..,..+-,1..JJ.~...:::..:~'-}.~.1.&.II...A.::,,,\-,.;:~u..::~.w...t..U.::.!....!.,::::i...:~---- Na?ar, who proved to me on the basis of satisfactory evidence to be the persqn(s) whose name(s) is/are subscribed -ro"the within Instrument and aet<nowledged to me that he/she/they executed the same In his/her/their authorized capacity{les), 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 eooeoeeol LISA GHAZARIAN Notary Public • California : San Diego County ~ Commission 112365347 - y Comm. Expfr~ Jul 13, 2025 Place Notr:Jry Seal and/or Stamp Above t 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. otary Public OPTIONAL -------------~ Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of ~t: ,lplku..J~:....=..LC::L.!~...L.-=;:~'4--=-=~:.!...:,.;:~...C.~~--!!li~..L---- Document Date: ___ • ----------=--.....-..:=--i......;;;:;;..._-1-----Number of Pages: ___ _ Capacity(iess}'1eteltmeOl.!_~1 Signer's Name: ----------~~--~==_-_-_-_=_:;::-:i;H;~~ ' □ Corporate Officer -Tltle(s): □ Partner -□ Limited □ General D Individual D Attor n Fact □ Trustee • ardian or Conservator D Other: /' Signer is Repr-efenting: ________ _ ©2019 National Notary Association o lndMdua □ Trustee o Other: ~ Signer is Representing: ________ _ EXHIBIT "A" LEGAL DESCRIPTION LOT2140FLA COSTA VALEUNITN0.1, INTiiECITYOFCARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TiiEREOF NO. 7457, FILED IN TiiE OFFICE OF TiiE COUNTY RECORDER. OF SAN DIBGO COUNTY. OCTOBER 18. 1972. https://carlsbadca1 gov-my.sharepoint.com/personal/andy_delatorre_carlsbadca_gov/Documents/Desktop/ADU 5 YEAR STAY OF ENFORCEMENT/Approved City ATTY Form-12-14-2023-Standard LUA Template 12-12-2023 with LEGAL DESC.docx ~~J\I 'bIT rr ls,) Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Community Development 1635 Faraday Ave Carlsbad, CA 92008 www.carlsbadca.gov This checklist does not constitute approval of work not conforming to the provisions of the California Building Standards or the waiving of unpermitted work. If used to document violations where a stay of enforcement per Government Code §65852.2(n) and Health & Safety Code§ 17980.12 has been requested, a copy of this completed list, signed by both the property owner and the City of Carlsbad, shall be posted at the subject site for the duration 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) FMo~ A m(VIAD Last nameAJ A ~(7,T Property address (Please use one form per address/ unit) Street address:) LfJ ~ U). [osrA fl. -J £.,Unit#: #.J. Date of original construction: / 0.,7 ~ 1.2 Legible and visible address number and unit identification: Address numbers clearly visible from street; number/letters minimum 4 inches high if new. Storage of junk and rubbish and/or overgrown vegetation • Household trash, tires, scrap wood, scrap metal, etc. shall be stored and protected in an orderly fashion 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: Properties located in a WUI zone shall maintain vegetation per the provisions of 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 Inoperable/unregistered vehicles: Stored out of the front yard or exterior side yard and on a paved surface. 1.6 1.7 Infestation: Property shall be clear of all infestations-insect, rodent, etc. 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 penetrations, and no evidence of leaks at the underlying ceiling. Ridge lines to be straight with no visible sagging. 1.9 Exterior surfaces: Surfaces shall be protected by painting or other protective covering from the elements. 1.10 Fire-resistant construction requirements: Exterior walls and roof projections located closer than 5 feet to property line to comply with CRC R302. 1.11 Foundation vent screens/crawl space covers: Vent openings to be properly covered with screening in good working 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 remain clear and in a safe and sanitary condition. Fire extinguishers: Properly serviced, labeled, and stored - minimum size 2A 10-BC. 1.16 Fire sprinkler system: Certification of 5-year inspection required, if installed. 1.17 Electrical/gas meters: Must be properly protected and labeled and exhibit no signs of tampering. Utilities in an exterior closet or room may require signage. 1. 18 Existing fire lanes clearly marked: Signage or paint or both needed. Page 1 of4 APN· 2 z.:s-13D-S I D NC: Non-compliant I I / ~0~1-~ ~T . .S.rt\\9 -tt) UN\1'"°'~°3 B~V1ib1-t\ B11 Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Street address: Unit#: Item# PART II -Interior construction 2.1 2.2 2.3 2.4 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. If 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 ½-inch gypsum wallboard on the garage side of the wall with joints taped and nail heads spotted. • All floors, including floors located over crawl spaces containing storage or heating appliances, shall have a minimum of ½-inch gypsum sheathing or 5/8-inch wood structural panel membrane on the underside of the floor framing members. Smoke 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 alarm shall be provided in sleeping rooms containing a fuel-burning appliance. 2.5 Infestation: Dwelling shall be clear of all infestations-insect, rodent, etc. 2.6 Walls and ceilings: Shall be good habitable condition clear of large holes, missing sections, etc. Walls and ceilings to show no evidence of mildew, rot or structural distress. Ceilings shall be of sufficient height. 2.7 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. 2.8 Flooring: Floors shall not be in a defective or deteriorating condition that could cause a trip or fall hazard or impact sub-flooring. 2.9 Sub-flooring: Shall be in good condition without buckling or sagging that suggests structural defects. 2.1 O Stairs/handrails/guards: • See Exterior Inspection list for general requirements. • All interior stairs shall be provided with lighting switched at each level. • All interior stairs shall be provided with a handrail/guardrail per CRC R311/312. 2.11 Insulation: Insulating materials shall have a flame spread index not to exceed 25 and a smoke-developed index not to exceed 450. 2.12 Bathroom required: Every dwelling unit shall be provided with a water closet, lavatory, and a bathtub or shower. 2.13 Kitchen required: • 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. 2.14 Minimum room size: • Each habitable 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 of4 STATUS C: Compliant NC: Non-compliant N/A: Not applicable Owner N/A Inspector Remarks C NC C NC I I I 3.2 8Yh ib,·+ 11 ~,. Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Unit#: Electrical system (general): • Dwelling shall have permanent source of utility electrical power. • All wiring 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 per CEC 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 CEC Article 250, Part Ill. 3.3 Electrical panels: • 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. 3.4 Heat: Dwelling shall have a functioning, permanently installed heating source capable of providing adequate heat to the dwelling. Portable heating units shall not be used to satisfy this requirement. 3.5 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. 3.6 Plumbing: • Dwelling shall have hot and cold running 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. 3.7 Water Heaters: Shall have proper strapping, drain/lines, and venting. Page 3 of 4 6tv'\1kJi t /I YJ' I & Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST . NON-MANDATORY REQUIREMENTS: The items in Parts I through Ill 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 other 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. Street address: Unit#: Item # PART IV -Additional Permitting Requirements 4.1 Site grading and storm drainage: • Lots to be graded to drain surface water away from perimeter foundations. The grade shall fall a minimum of 6 inches within the first 10 feet or 5% slope. • Surface drainage to be diverted to a storm sewer conveyance or other approved point of collection that 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: • Be a minimum of 12 inches 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 zone shall comply with CRC R337 and California Fire Code Chapter 49. 4.4 Flood zone: Properties located in flood zones other than A-99 shall be constructed in compliance with the provisions of CRC R322. 4.S 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 or 4% of which shall be openable. 4.6 Windows: All window openings 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 window 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: Un permitted 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 following 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/or safety. 3. If my property is eligible, I acknowledge that I will be required to enter into a Land Use Agreement with the City of Carlsbad for a stay of enforcement to be granted. Name: (please print) MoHA ht/)\~ b /Y A2A~·\ s;gnature, N.JJ✓fiv"{O~J Date,o!J-Jo-:2.oJ.t.{ Owner's declaration ~ 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, damages 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/or accessibility of the accessory dwelling unit at the address listed above, and/or in connection with City of Carlsbad's issuance or revocation of a five-year stay on enforcing code violations related to said accessory dwelling unit, to the fullest extent permitted by law. Name: (please print) Mo fl,AM.~t\\) tlfr 2 ~ ~-, 0-~ bate:05 -3o -;2o;J.'-{ For city use only Granted by: Denied by: Name/title: Health and safety risk causing denial: Signature: Page4of4 On:5'•30~ On: (( )) £':>t I-II EI! g Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Community Development 1635 Faraday Ave Carlsbad, CA 92008 www.carlsbadca.gov This checklist does not constitute approval of work not conforming to the provisions of the California Building Standards or the waiving of unpermitted work. If used to document violations where a stay of enforcement per Government Code §65852.2(n) and Health & Safety Code §17980.12 has been requested, a copy of this completed list, signed by both the property owner and the City of Carlsbad, shall be posted at the subject site for the duration 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) FMO~AW1/YlA!) Last name: AJA~Al2.J:.. Property address (Please use one form per address/ unit) Streetaddress: 3 ?r-i --s LA-. u:J5rA AJ{;:nit#: :J{:;i., Date of original conftr'Mion: /Cj 1 ~ 1.2 1.3 Legible and visible address number and unit identification: Address numbers clearly visible from street; number/letters minimum 4 inches high if new. Storage of junk and rubbish and/or overgrown vegetation • Household trash, tires, scrap wood, scrap metal, etc. shall be stored and protected in an orderly fashion 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. WUI requirements: Properties located in a WUI zone shall maintain vegetation per the provisions of 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 Inoperable/unregistered vehicles: Stored out of the front yard or exterior side yard and on a paved surface. 1.6 Infestation: 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 R3O2. 1.8 Roof: Shall be free from any visible holes or penetrations, and no evidence of leaks at the underlying ceiling. Ridge lines to be straight with no visible sagging. 1.9 Exterior surfaces: Surfaces shall be protected by painting or other protective covering from the elements. 1.1 O Fire-resistant construction requirements: Exterior walls and roof projections located closer than 5 feet to property line to comply with CRC R3O2. 1.11 Foundation vent screens/crawl space covers: Vent openings to be properly covered with screening in good working 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 remain clear and in a safe and sanitary condition. Fire extinguishers: Properly serviced, labeled, and stored - minimum size 2A 1O-BC. 1.16 Fire sprinkler system: Certification of 5-year inspection required, if installed. 1.17 Electrical/gas meters: Must be properly protected and labeled and exhibit no signs of tampering. Utilities in an exterior closet or room may require signage. 1.18 Existing fire lanes clearly marked: Signage or paint or both needed. Page 1 of4 APN: . Z 'Z..'?>-I 30-5/u NC: Non-compliant ✓ ✓ ~¼tvn r l\ B t, & Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST . Street address: Unit#: 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. If 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. 2.2 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 ½-inch gypsum wallboard on the garage side of the wall with joints taped and nail heads spotted. • All floors, including floors located over crawl spaces containing storage or heating appliances, shall have a minimum of½-inch gypsum sheathing or 5/8-inch wood structural panel membrane on the underside of the floor framing members. 2.3 Smoke 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. 2.4 2.5 Carbon monoxide alarms: Shall be working, in good condition and properly installed at every level including basements. A carbon monoxide alarm shall be provided in sleeping rooms containing a fuel-burning appliance. Infestation: Dwelling shall be clear of all infestations-insect, rodent, etc. 2.6 Walls and ceilings: Shall be good habitable condition clear of large holes, missing sections, etc. Walls and ceilings to show no evidence of mildew, rot or structural distress. Ceilings shall be of sufficient height. 2.7 Windows: 2.8 2.9 2.10 2.11 2.12 2.13 2.14 • 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 impact sub-flooring. Sub-flooring: Shall be in good condition without buckling or sagging that suggests structural defects. Stairs/handrails/guards: • See Exterior Inspection list for general requirements. • All interior stairs shall be provided with lighting switched at each level. • All interior stairs shall be provided with a handrail/guardrail per CRC R311/312. Insulation: Insulating materials shall have a flame spread index not to exceed 25 and a smoke-developed index not to exceed 450. Bathroom required: Every dwelling unit shall be provided with a water closet, lavatory, and a bathtub or shower. Kitchen required: • 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 habitable 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 of4 / I / / I I I 3.2 fvV½~i tll \? 11 Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Electrical system {general): • Dwelling shall have permanent source of utility electrical power. • All wiring 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 per CEC 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 CEC Article 250, Part Ill. 3.3 Electrical panels: • 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. 3.4 Heat: Dwelling shall have a functioning, permanently installed heating source capable of providing adequate heat to the dwelling. Portable heating units shall not be used to satisfy this requirement. 3.5 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. 3.6 Plumbing: • Dwelling shall have hot and cold running 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. 3.7 Water Heaters: Shall have proper strapping, drain/lines, and venting. Page 3 of4 I / 8'1V\\V/it lt 0' I Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST NON-MANDATORY REQUIREMENTS: The items in Parts I through Ill 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 other 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. Street address: Unit#: Item # PART IV -Additional Permitting Requirements 4.1 Site grading and storm drainage: • Lots to be graded to drain surface water away from perimeter foundations. The grade shall fall a minimum of 6 inches within the first 10 feet or 5% slope. • Surface drainage to be diverted to a storm sewer conveyance or other approved point of collection that 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: • Be a minimum of 12 inches 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 zone shall comply with CRC R337 and California Fire Code Chapter 49. 4.4 Flood zone: Properties located in flood zones other 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 or 4% of which shall be openable. 4.6 Windows: All window openings 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 window 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 following statements are true and correct: 1. I am the owner or authorized representative of the owner of the property (address listed above); and 2.1 am not aware of any conditions of the property that present a threat to health and/or safety. 3. If my property is eligible, I acknowledge that I will be required to enter into a Land Use Agreement with the City of Carlsbad for a stay of enforcement to be granted. Name: (please print) /t10 f-1 t\ N\~ {:\ () ('./,ft 2 ~ \<..\ ::::.::ec~~ w' fl-Ziv) y/1ate, ()§-JO -;J. O 2 t/ 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, damages 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/or accessibility of the accessory dwelling unit at the address listed above, and/or in connection with City of Carlsbad's issuance or revocation of a five-year stay on enforcing code violations related to said accessory dwelling,unit, to the fullest extent permitted by law. Signature: M For city use only Grantedl>y: Oenledby: rh\M~~~ /Y/,~ '{l., J~· Datet,5-30 ,.:z. 0 2-4 Health and safety risk causing denial: Page4of4 on: S-lo-- On: &t-\r~rT 11~)) Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Community Development 1635 Faraday Ave Carlsbad, CA 92008 www.carlsbadca.gov This checklist does not constitute approval of work not conforming to the provisions of the California Building Standards or the waiving of unpermitted work. If used to document violations where a stay of enforcement per Government Code §65852.2(n) and Health & Safety Code §17980.12 has been requested, a copy of this completed list, signed by both the property owner and the City of Carlsbad, shall be posted at the subject site for the duration 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~~ibly) First name~{) /-I A /YI/YI'¥..,) Last name: A} A~ A l(.I_ Property address (Please use one form per address/ unit) Street address: 'S Zo ~ LA Cos~ Av€-Unit#: :f 3 Date of original construction: 7 'D Legible and visible address number and unit identification: Address numbers clearly visible from street; number/letters minimum 4 inches high if new. 1.2 Storage of junk and rubbish and/or overgrown vegetation • Household trash, tires, scrap wood, scrap metal, etc. shall be stored and protected in an orderly fashion 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: Properties located in a WUI zone shall maintain vegetation per the provisions of 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 Inoperable/unregistered vehicles: Stored out of the front yard or exterior side yard and on a paved surface. 1.6 Infestation: 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 penetrations, and no evidence of leaks at the underlying ceiling. Ridge lines to be straight with no visible sagging. 1.9 Exterior surfaces: Surfaces shall be protected by painting or other protective covering from the elements. 1.1 O Fire-resistant construction requirements: Exterior walls and roof projections located closer than 5 feet to property line to comply with CRC R302. 1.11 Foundation vent screens/crawl space covers: Vent openings to be properly covered with screening in good working 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 remain clear and in a safe and sanitary condition. Fire extinguishers: Properly serviced, labeled, and stored - minimum size 2A 10-BC. 1.16 Fire sprinkler system: Certification of 5-year inspection required, if installed. 1.17 Bectrical/gas meters: Must be properly protected and labeled and exhibit no signs of tampering. Utilities in an exterior closet or room may require signage. 1.18 Existing fire lanes clearly marked: Signage or paint or both needed. Page 1 of4 APN· 22..1>...:.i 3 o-S-/-oc) NC: Non-compliant tS1~1V11t It B 1 ' Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Street address: Unit#: 2.2 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. If 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 ½-inch gypsum wallboard on the garage side of the wall with joints taped and nail heads spotted. • All floors, including floors located over crawl spaces containing storage or heating appliances, shall have a minimum of½-inch gypsum sheathing or 5/8-inch wood structural panel membrane on the underside of the floor framing members. 2.3 Smoke 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. 2.4 Carbon monoxide alarms: Shall be working, in good condition and properly installed at every level including basements. A carbon monoxide alarm shall be provided in sleeping rooms containing a fuel-burning appliance. 2.5 Infestation: Dwelling shall be clear of all infestations-insect, rodent, etc. 2.6 Walls and ceilings: Shall be good habitable condition clear of large holes, missing sections, etc. Walls and ceilings to show no evidence of mildew, rot or structural distress. Ceilings shall be of sufficient height. 2.7 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. 2.8 Flooring: Floors shall not be in a defective or deteriorating condition that could cause a trip or fall hazard or impact sub-flooring. 2.9 Sub-flooring: Shall be in good condition without buckling or sagging that suggests structural defects. 2.10 Stairs/handrails/guards: • See Exterior Inspection list for general requirements. • All interior stairs shall be provided with lighting switched at each level. • All interior stairs shall be provided with a handrail/guardrail per CRC R311/312. 2.11 Insulation: Insulating materials shall have a flame spread index not to exceed 25 and a smoke-developed index not to exceed 450. 2.12 Bathroom required: Every dwelling unit shall be provided with a water closet, lavatory, and a bathtub or shower. 2.13 Kitchen required: • 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. 2.14 Minimum room size: • Each habitable 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 of4 ✓ ✓ I / ~.~1All2S ,~ ure.~.-5 3.2 3.3 3.4 3.5 ~~\YJ) t-II VJ I I Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST Unit#: Electrical system (general): • Dwelling shall have permanent source of utility electrical power. • All wiring 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 per CEC 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 CEC Article 250, Part Ill. Electrical panels: • 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 dwelling. 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. 3.6 Plumbing: • Dwelling shall have hot and cold running 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. 3.7 Water Heaters: Shall have proper strapping, drain/lines, and venting. Page 3 of4 I I £y h\\roi t-(( \I_) I I Five Year Enforcement Stay HEALTH & SAFETY CHECKLIST NON-MANDATORY REQUIREMENTS: The items in Parts I through Ill 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 other 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. Street address: Unit#: Item # PART IV -Additional Permitting Requirements 4.1 Site grading and storm drainage: • Lots to be graded to drain surface water away from perimeter foundations. The grade shall fall a minimum of 6 inches within the first 10 feet or 5% slope. • Surface drainage to be diverted to a storm sewer conveyance or other approved point of collection that 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: • Be a minimum of 12 inches 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 zone shall comply with CRC R337 and California Fire Code Chapter 49. 4.4 Flood zone: Properties located in flood zones other 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 window openings 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 window 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 following 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/or safety. 3. If my property is eligible, I acknowledge that I will be required to enter into a Land Use Agreement with the City of Carlsbad for a stay of enforcement to be granted. Name: (please print) Mo-/-/ ft MM~\) /Jfl,2 A.'(..,._'. s;gnature, ~~ ~ ~ _,_/ Date,() 5-;?o-,2 o ,2 <.j Owner's declaration Y 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, damages 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/or accessibility of the accessory dwelling unit at the address listed above, and/or in connection with City of Carlsbad's issuance or revocation of a five-year stay on enforcing code violations related to said accessory dwelling unit, to the fullest extent permitted by law. Name: (please print) ot/-A~\Y\~ \) Nf)Z At\..~ Signature: For city use only Grantedby: Deniedby: Name/title: fw°'J 0£ (A~ ~Signature: ·NamwtJtle: Signature: Health and safety risk causing denial: Page4of4 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 permit 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.