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Home My WebLink AboutPUD 88-04F; Hee Remodel; Planned Unit Development - Non-Residential (PUD) (3)City of Carlsbad Planning Department June 28, 2004 Jon and Sharon Hee 2243 Corte Cicuta Carlsbad, CA 92009 SUBJECT: PUD 88-04(F) - HEE REMODEL Before the Planning Director can make a decision on your application, the City must perform public noticing as required in Section 65091 of the California Government Code. The required noticing materials must be received by July 9, 2004. If the materials are not received by this date, processing of your application will be delayed. Please submit the following information needed for noticing and sign the enclosed form: 1. Owners List - a typewritten list of names and addresses of all property owners within a 100-foot radius of the subject property, including the applicant and owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessor's rolls. 2. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 100-foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified and void of all punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apt. #, Suite # and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 1 23 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PUD 88-04(F) - HEE REMODEL June 28, 2004 Page 2 3. Radius Map - a map to scale not less than 1" = 200' showing all lots completely and partially within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, /, MIKE STRONG PLANNING INTERN MS:mh Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NUMBER AND NAME APPLICANT OR APPLICANT'S REPRESENTATIVE BY DATE RECEIVED BY DATE City of Carlsbad Planning Department June 25, 2004 Jon and Sharon Hee 2243 Corte Cicuta Carlsbad, CA 92009 SUBJECT: PUD 88-04(F) - HEE REMODEL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Planned Development Amendment, application no. PUD 88- 04(F), as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Mike Strong, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:MS:mh c: Chris DeCerbo Jeremy Riddle File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us No. PUD 88-04(F) Planning: None Engineering: None Planning: None LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION ISSUES OF CONCERN Engineering: None From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 IVAN ST RASHOON August 4, 2004 Attn: Mike Strong Planning Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008-73 14 Re: Notice of Request for an Administrative Amendment to a Planned Development Permit Case No.: PUD 88-04(F) Case Name: Hee Remodel Date: July 26, 2004 I refer to your above Notice dated July 26, 2004, post-marked July 27, 2004. Thank you for meeting with me on July 29, 2004. My wife, Fiona, and I are Trustees of the STRASHOON LIVING TRUST, dated April 09, 1992. The Trust is the owner of the property at 2247 Corte Cicuta (Lot 272, APN 255-270-25-00), the property adjacent to 2243 Corte Cicuta. As indicated to you, I would be submitting this written response to your notice. I hereby inform the Planning Department that I object to the granting of the above permit. My objection is due to the following: • I have not had the opportunity to have the construction plans folly reviewed. I was unable to obtain a copy of the full set of plans from the City as these plans are marked "Licensed" by the applicant's architect. • The applicant homeowner and the La Costa Valley Master Homeowners' Association ("HO A") has made no good faith attempt to contact us in order to review the proposed improvements. The applicant's stated reason on the Application for Architectural Improvements and Adjacent and Facing Neighbor Statement Form, was that the "Adjacent neighbor at 2247 Corte Cicuta are renters. Owner not available". Ownership of and contact information for my property is a matter of public record and my phone number is listed in the White Pages Directory. In addition, the HOA or my tenant could have forwarded any enquiry. We are the property owners in the most immediate vicinity of the proposed construction and, of all the neighbors to the applicant's property, ours is the most directly affected by the proposed construction. It was most important that the applicant or the HOA make a good faith attempt to contact us, and they did not do so. It is my understanding from our meeting that you would recommend against granting this permit upon written confirmation of the above within the due date. Thank you for your courtesy and attention in this matter. Sincerely, IVAN STRASHOON copy: Craig Bickler, Esq., Bickler Law Offices APC 2658 Del Mar Heights Road, #248, Del Mar, CA 92014-3100 Phone:(858)792-0915 Fax:(858)792-0966 strashoon@pacbell.net From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 Aug. il. 2004 ll:33AM ER LAW OFFICES No. 9928 P. 3/5 BlCKLER LAW OFFICES APC ATTORNEYS AT LAW 456 E. Grand Ave. Suite 300 Escondido CA 92025 • Phone 760-745-0900 * In Cal. 800-810-4529 (8IO-4LAW) • Fox 760-739-0300 August 11, 2004 SENT VIA FAX & U.S. MAIL (858) 550-7929 Architectural Committee & Board of Directors La Costa Valley Master Association c/o N.N. Jaeschke, Inc. Attn: Chris Jaeschke 961 OWaples Street San Diego, CA 92121-2992 Re: Mr. and Mrs. Jonathan Hee 2243 Corte Clcuta, Carlsbad Ladies & Gentlemen; This office represents Mr. and Mrs. Ivan Strashoon, the Trustees of the Strashoon Living Trust, which is the owner of 2247 Corte Cicuta, Carlsbad. The Strashoons' property is immediately next door to the above property. We are writing to express our clients' objection to what appears to be the form of approval for substantial architectural changes to the Hees' property which was issued on June 5, 2004 by the Lighthouse Planning Group on behalf of the Association. This objection is initially directed to the manner in which approval has been given. Such approval does not appear to comply with the relevant provisions of the Association's CC&R's and Architectural Guidelines or with the "due process" provisions contained therein. Our clients are not in a position as of yet to comment upon the actual proposed construction itself as they have not had the benefit of being provided with copies of the preliminary plans by the applicants, Mr. and Mrs. Hee. Further, the City of Carlsbad is not willing to provide copies of the "licensed" plans to my clients. Dealing with important procedural issues, both Article 6.4 of the CC&R's and Article 1.2 of the Guidelines envisage a two-stage process whereby preliminary plans will first be approved by the Committee. It is only after the Committee has granted preliminary approval and the applicant has obtained all necessary approvals from the City that the matter is to be considered again by the Committee and a final approval (if appropriate) issued. E-mail ask@biclaw.com From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 Aug."il"2d04"'Ti':'33AM lyftLER'LAf OFFKES A NoJ928 P.'"4/5 Architectural Committee & Board of Directors August 11, 2004 Page 2 From our review of a letter dated June 5, 2004 from the Lighthouse Planning Group to Mr. and Mrs. Jonathan Hee, the following violations of the architectural provisions of the governing documents appear to have occurred: 1. The letter from the Lighthouse Group of June 5, 2004 seems to be a final approval without the Committee having ascertained that all approvals and permits from the City have been obtained. The letter merely requests a "Notice of Completion" once the project has been completed so that Lighthouse can verify performance of the work to the "approved plans." 2. So far as we can see, there has been no preliminary approval or even review of the plans by the Architectural Committee at all. Article 6.1 of the CC&R's provides that there is to be no construction or any improvement unless "submitted to and approved in writing by a committee of not less than three (3) nor more than five (5) persons (Architectural Committee)," We see nothing in the CC&R's which provides that the Committee may delegate all or any part of its approval functions wholly to a third party such as the Lighthouse Group. 3. Article 6 of the CC&R's and the Architectural Guidelines reinforce that final approval of any plans can only be deemed to have taken place after the applicant has obtained approval from the City, and final plans are submitted to the Architectural Committee tor its approval. The letter of June 5, 2004 from the Lighthouse Group appears to suggest that this aspect of the required final approval process has been abandoned in its entirety. 4. The Association's Architectural Guidelines incorporate Exhibit "A" as an architectural application which includes a provision requiring applicants to notify the Association of the adjacent owners having reviewed the proposed improvements. No review by the applicants was sought of the Strashoons, even though their home will be the property + most directly affected by the improvements. Although the property is presently rented, the :L Strashoons could easily have been contacted through their tenant or the Association. The ,'' Strashoons only learned of the application to and purported approval on behalf of the | Association when the Strashoons received a notice from the City of Carlsbad Planning I Department dated July 26, 2004. The Strashoons, therefore, have had no opportunity [, . whatever to properly consider the plans or to voice any concerns to the Architectural «. Committee, which process is expressly envisaged by the Architectural Guidelines. In the circumstances, we consider it only fair and right that the Board require the Architectural Committee to re-address the Hees' application for architectural approval correctly in accordance with the relevant provisions of the CC&R's and Architectural Guidelines. This From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 Aug."iI"2004""iT:'34AM IHPRW OFFICES A No"9928 P""5/5 Architectural Committee & Board of Directors August 11, 2004 Page 3 should include, as envisaged, by the Architectural Guidelines, the right of our clients as immediately adjoining owners to the applicants' property to consider the plans and to comment thereon to the Committee prior to the Committee granting any preliminary approval. To the extent that such approval has purportedly already been given, we would further ask that such approval be rescinded by the Committee so that the required architectural process may be properly followed. We thank you, in anticipation, for your courtesy and consideration, and look forward to receiving the Committee's or Board's response at your earliest opportunity. Very truly yours, BICKLER LA' ~~ Craig CSB/mdl cc: Mr. and Mrs. Ivan Strashoon From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 FACSIMILE COVER PAGE To: Mike Strong Fax#: 17606028559 Company: City of Carlsbad, Planning Subject: FW: 2243 Corte Cicuta / Hee remodel From: Ivan Strashoon Fax#: Tel#: Sent: 8/13/2004 at 4:43:44 PM Pages: 4 (including cover) MESSAGE: As discussed with you this afternoon, I have attached a copy of my attorneys letter to the La Costa Valley Master Homeowners' Association, dated August 11, 2004, for your file. I understand from our discussion that you will be contacting me before any pending decision to approve the amendment to the Planned Development Permit requested by Mr. and Mrs. Hee. Please advise if my misunderstanding is incorrect. Kind regards, IVAN STRASHOON Notice - This transmittal is directed only to the above-named addressee. It is not to be read by anyone else. Its contents may be protected from disclosure by law as privileged or confidential. The use of telecopier transmission does not waive this protection. 2658 Del Mar Heights Road, #248, Del Mar, CA 92014-3100, USA strashoon@pacbell.net From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 FACSIMILE COVER PAGE To: Mike Strong From: Ivan Strashoon Fax #: 17606028559 Fax #: 858-792-0966 Company: City of Carlsbad, Planning Tel #: 858-792-0915 Subject: 2243 Corte Cicuta architectural improvements Sent: 8/20/2004 at 11:44:24 AM Pages: 2 (including cover) MESSAGE: Attn: Mike Strong - City of Carlsbad Planning Department Further to our discussion this morning, I attach a copy of the correspondence from the attorney representing the La Costa Valley Master HOA. Their letter requests my wife and me to meet with the HOA Board on September 20, 2004, at which time we will be given an opportunity to view the plans and express concerns and objections. As mentioned to you, I will be requesting the HOA directly to obtain a copy of the plans from the Hees in advance of the meeting so that I can obtain appropriate advice and become sufficiently well-informed about their plans. I will copy you on my e-mail message to them. Hopefully, in this way we will speed up the entire process, avoiding unnecessary delays. I look forward to speaking with you on Wednesday, August 25, 2004, as you suggested in order to review progress. At this stage, I am working according to the HOA's timeline. It is my understanding that the Planning Department is likely to hold off on approval of the proposed plan, at least until we speak on Wednesday, at which time we will review progress. In this way, I am hopeful we will be able to avoid going through an appeal process until the HOA and I have met. Please let me know if I have not correctly understood the City's position at this time. Kind regards, IVAN STRASHOON 2658 Del Mar Heights Road, #248, Del Mar, CA 92014-3100, USA strashoon@pacbell.net From: Ivan Strashoon 1-858-792-0966 To: Steven Ruderman Date: 7/27/2004 Time: 1:53:00 PM Page 2 of 2 Au'&."i7."2W4 4:'04PM iftsil"LAW OFFICES"""".' W No!"9963 P!'"2/2,"_,Aug- j. / -u«* O3 : f-f-r- Laura v. r^w i B ^r^wWSk. l • • Oc Law Office ot" I .aura V. Kwiadcowski 5480 Baltimore Drive.-S«irc !»4 Telephone: (619) 5KV-KK33 1.j M«d. Qdifornw 919'P. hacsimilc: (rt 191 SK9-X030 August 17, 2004 VIA FACSIMILE & Ctiiig S. Bicklcr, Esq. REGULAR ^AIL Bickler Law Offices APC 156 East Grand A venae, Suite 300 tscondidn, CA 92025 RE: Our Client: La Costa Valley Master Association Your Clicn L: Ivan and Fiona Strashoon, Trustees of their successor* in Trust under the Strashoon Living trust, dated April 9, 1992 Property Address : 2247 Corte Cicuta, Carlsbad, C A 92009 Our Pile No.: LAC 2232.00 Dear Mr. Bicklcr; Please he advised thai our Law Firm has been requested U> contact you on behalf of La Costa Valley Master ("Association"), in reference to your August 11, 2004 teller addressed to the Association. Therefore, please direct any and all communications regarding the below referenced mailer to ihis Firm directly, and not to the Board of Directors or the Association's managing agent. Due to your clients' concerns related to the proposed architectural improvcmerus ar 2243 Cone Cicuta (owned by rhc llees), your clients are invited tn attend an Executive Session meeting with the Board i» discuss this matter. This Executive Session meeting is scheduled for September 20, 2004 at 6:00 p.m. 'Itie Meeting will be held at The Valley Club, located at 2280 Calle Barcelona. Carlsbad, California, 92009, At diis meeting, your clients wjll he given the oppcmunity to view the Hees' plans and express any concerns or objections they may have over the Hee's proposed architectural improvements. The Hccs will also be asked to attend the Executive Session meeting to di scuss iheir proposed architectural improvements and the neighbor notification issue your clients have raised. If you have any further questions, please feel free to contact our Firm. Sincerely, Kara L. Gcrvais Attorney at Law LVK/klg cc: Hoard of Directors, c/o Dawn Hraddy. Property Manager. N.N, Jaeachte, Inc. Mike Strong - La Costa yaNey Master H3^^243 Corte Cicuta architectural improve From: strashoon@pacbell.net To: "Dawn Braddy" <dawnb@nnj.com> Date: 8/20/0412:07PM Subject: La Costa Valley Master HOA: 2243 Corte Cicuta architectural improvements Thank you for the invitation to view the Hee's plans at the September 20, 2004, meeting of the La Costa Valley Master HOA. I confirm that I will attend. In order to speed up the process and avoid any unnecessary delays, could you please forward a full copy of the plans to my mailing address as soon as possible so that I may become sufficiently well-informed in advance of the meeting. Sincerely, IVAN STRASHOON strashoon@pacbell.net CC: "Mike Strong" <Mstrong@ci.carlsbad.ca.us>