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Home My WebLink AboutCC2022-0134; State LE LLC; 2024-0263045; Notice of Violation/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 CITY OF CARLSBAD DOC# 2024-0263045 111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Sep 30, 2024 03:20 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 8 NOTICE OF PENDING ADMINISTRATIVE ENFORCEMENT ACTION Assessor's Parcel Number(s): 203-293-1000 Property Address: 2917 State St. #106, CARLSBAD, CA 92008 Owner of Record: State LE LLC, 35661 Beach Rd, Capistrano Beach, CA 92624 Pursuant to Section 1.10.050 of the Carlsbad Municipal Code, the City of Carlsbad hereby gives notice, as public record, that the above identified real property within the City of Carlsbad, and more specifically described as: SEE EXHIBIT "A" is not in compliance with the Carlsbad Municipal Code. These violations are set forth in a Notice of Violation issued to the property owner on June 4. 2024 (attached as Exhibit B) and include: CMC 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 an 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. CMC 18.04.045.A BUILDING CODES: Section 111 (Certificate of Occupancy) of the California Building Code amended. A. Section 111.1 is amended to read as follows: 111.1 Requirements for occupancy. This section of the code is applicable to the following building permit application types: (1) new non- residential buildings or structures; (2) new residential dwellings; (3) other buildings and structures to be initially occupied or used; and (4) tenant improvements or building or structure additions with a change in use or change in occupancy to a different group or division of occupancy. In these instances, a building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other applicable laws or ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other applicable laws or ordinances of the jurisdiction shall not be valid. The owner has been notified thereof, and this notice shall remain on record until all necessary corrections have been made and the property is in compliance with the code sections related to the violations cited. Until a Certificate of Compliance is recorded by the Code Enforcement Manager of the City of Carlsbad, applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. IN WITNESS THEREOF, we have hereunto set our hands and seals this~ day of~, 2024. CITY OF CARLSBAD A Municipal Corporation of ~ornia~. '---~~&2....-.7""-"----- Robbie Hickerson, Code Enforcement Manager APPROVED AS "tORM : By:~ Marissa A. Kawecki, Deputy City Attorney for Cindie McMahon, City Attorney ATTESTED: Gv-: ~ By. . Ana Alarcon, Deputy City Clerk (Seal) EXHIBIT 'A' REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 14, INCLUSIVE IN BLOCK 1 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 535 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, CALIFORNIA ON MAY 2, 1888 APN: 203-293-06-00, 203-293-09-00, 203-293-10-00, 203-293-04-00, 203-293-05-00, 203- 293-08-00 EXHIBIT 'B' STATE LE LLC 35661 BEACH RD CAPISTRANO BEACH, CA 92624-1710 June 4, 2024 Dear Property Owner: NOTICE OF VIOLATION RE: APN: (city of Carlsbad 2917 STATE ST #106 CARLSBAD, CA 92008-2337 2032931000 CASE#: CC2022-0134 OFFICER: Jamie Lenos-Terfehr NUMBER OF VIOLATIONS: 2 Code Enforcement received a complaint concerning the code violation(s) referenced below. This notice is to notify you, the property owner of record and/or responsible party, that you are in violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the below-outlined corrective action(s) no later than June 21, 2024. Please contact the code officer associated with this notice if you would like to discuss this matter further and can provide new information concerning this code violation(s). CODE SECTION: CMC 18.04.025 Section 105.1 PERMITS of the California Building Code amended. A. Section 105.1 is amended to read as follows: 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. Community Development Department Code Enforcement Division 1635 Fa ra day Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement @ca rlsbadca.gov STATE LE LLC June 4, 2024 Page 2 VIOLATION DESCRIPTION: Unpermitted construction (plumbing, electrical, mechanical and structural) work on the property-see a list of unpermitted work in the enclosed Attachment A to Addendum Five of the Code Compliance Agreement with the Oak and Elixir business owner. CORRECTIVE ACTION: (l)No later than June 21, 2024, obtain permits for all unpermitted construction (plumbing, electrical, mechanical and structural) OR (2) Ensure compliance with the Code Compliance Agreement and all addendums executed between the City of Carlsbad and Oak+ Elixir by meeting all deadlines outlined in Addendum Six (see attached Code compliance Agreement and Addendums). If the second option is chosen, the May 31, 2024 deadline in paragraph ?(a) of Addendum Six shall be modified to June 21, 2024. All other deadlines in Addendum Six remain unchanged, and the Code Compliance Agreement will remain in effect as between the City of Carlsbad and Oak+ Elixir so long as all deadlines are met. CODE SECTION: CM C 18.04.045.A BUILDING CODES: Section 111 {Certificate of Occupancy) of the California Building Code amended. A. Section 111.1 is amended to read as follows: 111.1 Requirements for occupancy. This section of the code is applicable to the following building permit application types: (1) new non- residential buildings or structures; (2) new residential dwellings; (3) other buildings and structures to be initially occupied or used; and (4) tenant improvements or building or structure additions with a change in use or change in occupancy to a different group or division of occupancy. In these instances, a building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other applicable laws or ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other applicable laws or ordinances of the jurisdiction shall not be valid. Community Development Department Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I co deenforcement@carlsbadca.gov STATE LE LLC June 4, 2024 Page 3 VIOLATION DESCRIPTION: Tenant improvements or building or structure additions with a change in use or change in occupancy to a different group or division of occupancy has occurred on the property without the building official first issuing a certificate of occupancy for the change in occupancy. CORRECTIVE ACTION: (1) No later than June 21, 2024, obtain a certificate of occupancy for a restaurant ("A-2" designation) and pay all development fees associated with this change in occupancy, including a sewer connection fee In the amount of $15,143.60 and a traffic impact fee in the amount of $29,394.00 (fees subject to an increase after August 31, 2024 per Council resolution) OR (2) Ensure compliance with the Code Compliance Agreement and all addendums executed between the City of Carlsbad and Oak+ Elixir by meeting all deadlines outlined in Addendum Six (see attached Code compliance Agreement and Addendums). If the second option is chosen, the May 31, 2024 deadline in paragraph 7(a) of Addendum Six shal l be modified to June 21, 2024. All other deadlines in Addendum Six remain unchanged, and the Code Compliance Agreement will remain in effect as between the City of Carlsbad and Oak+ Elixir so long as all deadlines are met. The city would like to avoid taking any further actions and requests your cooperation in this matter. By acting immediately to correct the violation(s) referenced, you will avoid further action by the city. Failure to correct the above-listed violations may result in an administrative citation for each violation, which may be issued daily if necessary. Administrative costs may also be assessed. Depending on the severity and type of violation, the city may alternatively pursue administrative abatement, revocation or withholding of municipal permits, recordation of a notice of violation, recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution. If you have any questions about this notice or the alleged violation(s), contact Jamie Lenos- Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number CC2022-0134 and the property address. We anticipate and appreciate your cooperation in this matter. Community Development Department Code Enforcement Division 1635 Faraday Avenu e I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov STATE LE LLC June 4, 2024 Page4 Sincerely, Jamie Lenos-Terfehr Senior Code Enforcement Officer City of Carlsbad Code Enforcement Community Development Department Code Enforcement Division 1635 Faraday Aven ue I Ca rl sbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov