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HomeMy WebLinkAboutPD 09-06; ZOMORRODIAN, MOHAMMAD & SHAHIM; 2010-0313082; Notice of Violation/ReleaseDOC it 2010-0313082 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 9200 6p JUN22.2010 2:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 216-160-17-00 PD 09-06 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: ~ Mohammad Zomorrodian Residence CASE NO. CURRENTADDRESS: 2464 La Costa Ave. Carlsbad, CA 92009 NOTICE OF GRADING VIOLATION The City Engineer has determined that the real property described below is in violation of the Carlsbad Municipal Code Chapter 15.16 Grading and Erosion Control. VIOLATION: Specific violations of Chapter 15.16 are as follows: Section 15.16.050(A) - Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit. The minimum corrective actions to avoid the need for a grading permit outlined in the September 3, 2009 letter (Attachment 1) have not been completed. Section 15.16.060(6) - All grading work, including any grading work exempted from the requirement of a grading permit as determined pursuant to subsection a of this section, shall be done in compliance with city standards. The work does not comply with the following city standards: • No fill slope shall be steeper than two horizontal to one vertical unless the City Engineer makes specific finds that cannot be made in this case. The existing slope is steeper than two horizontal to one vertical. (Engineering Standards, Volume 1, Section 2.A) • The toe of slope must be located a minimum of 2 feet from the property line. (Engineering Standards, Volume 1, Section 2.B) PROPERTY DESCRIPTION: Lot 17 of Map No. 6117, La Costa South Unit No. 1, as recorded in the office of the Recorder of the County of San Diego as File No. 92490 on June 3, 1968. OWNERSHIP: Zomorrodian Mohammad M/Shahim Mansooreh NOTE: The property description is based upon former deeds of record and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. No building permit shall be issued unless and until there has been full compliance with the provisions of Chapter 15.16 of the Carlsbad Municipal Code. DATE: UlG/lO BY:.# / [Attach all-purpose notary acknowledgment.] Glen K. Van Peski, Senior Civil Engineer Rev. 2/04/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^c On Date personally appeared before me, Here Insert Name and Title of the Officer ,UC_ Name(s) of Signer(s) TERIE L. ROWLEY ComnMMton * 1773534 I Notary PubNc • California f San Dtogo County ; MyCemm.OrtiiOLiinoi who proved to me on the basis of satisfactory evidence to be the person^/whose name^j is/ara/subscribed to the within , instrument and acknowledged to me that he/she/the/^ executed the same in his/heifthetf authorized capacity(ie^), and that by his/h^r/thefr signature^ on the instrument the person(sjf, or the entity upon behalf of which the person(s/acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: vAo«-WK°H Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ n Individual n Corporate Officer— Title(s): D Partner — n Limited D General D Attorney in Fact 3 Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: . Number of Pages:. Signer's Name: D Individual D Corporate Officer — Title(s): n Partner — D Limited D General D Attorney in Fact n Trustee CH Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402-Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 City of Carlsbad Public Works — Engineering September 3,2009 Mohammad Zomorrodian Certified Mail: 7009 0080 0000 4800 3878 2464 La Costa Avenue Carlsbad, CA 92008 RE: NOTICE OF GRADING VIOLATION OF PROPERTY LOCATED AT 2464 LA COSTA AVENUE. APN 216-160-17-00 The City of Carlsbad Engineering Department sent two prior letters notifying you of a grading violation on your property. The first letter dated June 4, 2009 stated that an Engineering Department inspector made a determination that grading of your property was conducted in violation of section 15.16.170(6)1 through 3 (Unlawful Acts) of the Carlsbad Municipal Code (CMC). The second letter, dated July 6, 2009, informed you of the City's unsuccessful attempt to deliver the letter and the actions the City will take if you do not respond. On August 3, 2009, a special site investigation of your property was conducted by the Deputy City Engineer for Development Services, David Mauser and Senior Civil Engineer, Glen Van Peski pursuant to section 15.16.180 of the CMC. Based upon the August 3rd special investigation, the City has made a determination that in addition to section 15.16.170(6)1 through 3 (Unlawful Acts), by grading without a grading permit the work conducted at the subject property violated the following additional sections of .the CMC: Section 15.16.060(A)(6)(b) - No fill material shall be placed on an existing slope steeper that five units horizontal to one vertical without a grading permit. Based on records on file at the city, the fill was placed on a slope three units horizontal to one vertical without a permit. Section 15.16.060(A)(6)(d) - the toe of any fill slope or top of any cut slope can be no closer than one foot to an exterior property line without a grading permit. Even with a grading permit, the toe of slope must be located 2 feet from the property line per City Standard Drawing GS-14. The graded slope appears to encroach onto the easterly abutting property. The toe of the slope also appears to be closer than two feet to the rear property line, however a clear field establishment of the property line is needed to verify this observation. Per Section 15.16.060(B) of the CMC, all grading work, including any grading work exempted from the requirement of a grading permit as determined pursuant to subsection a of this section, shall be done in compliance with city standards and Titles 15,19, 20 and 21 of this code. The 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2720 • FAX (760) 602-8562 Notice of Grading Violation of Property Located at 2464 La Costa Avenue. September 3, 2009 Page 2 of 3 specific city standard for which the grading work was found to be in noncompliance is as follows: City of Carlsbad Engineering Standards. Volume 1. Chapter 7.Section 2(A) - No cut fill slope shall be steeper than two horizontal to one vertical unless specifically approved by the city engineer. The city engineer can approve a steeper slope provided certain subsection findings can be made. Based on our preliminary analysis of this situation these findings cannot be made. The constructed slope that is the subject of this letter is estimated at a one horizontal to one vertical grade. Our attempts to work with you to mitigate the violations have been unsuccessful. Therefore, a Notice of Grading Violation is to be recorded against your property in the office of the County Recorder and will be reflected on any further title report of the property. Additionally, recordation of the Notice of Grading Violation will affect your ability to obtain future city permits or city entitlements for this property until this matter is resolved. We respectfully request that you resolve this matter by choosing one of two options below: 1} Per CMC Section 15.16.190 (A)(3), pay the Investigation Fee and: a. Process a grading plan through the city's plan check process and obtain a grading permit. This requires submitting to the city engineering department an application with accompanying documents and plans prepared by a registered civil engineer. Fees for processing the grading plan check are also submitted at this time. As part of the submittal, you will be required to submit a soils report and grading plan. You may contact one of our engineering technicians at (760) 602-2750 for further information. OR b. You can take the following minimum corrective actions to avoid the need for a grading permit: under the supervision of a city engineering inspector, you shall a) have the property lines marked in the field by a surveyor or qualified registered engineer b) set the toe of slope back two feet from the rear and side property lines and c) regrade all slopes to a grade no steeper than two horizontal to one vertical. In addition, you shall d) enter into a hold harmless agreement for geological failure and hold harmless agreement for drainage with the city and e) submit a certificate by a registered soils engineer indicating the grading is stable and unlikely to cause damage to adjacent properties and f) continue to provide erosion control and other measures as directed by the city engineering inspector to stabilize the slope. Unless the fill is properly compacted, the City will also record with the County Recorder a notice on the property that the graded area contains non-structural fill. Notice of Grading Violation of Property Located at 2464 La Costa Avenue. September 3, 2009 Page 3 of 3 If no action is taken within 30 days of the date of this letter, the city will evaluate initiation of nuisance abatement proceedings and/or assessing code violation fines. Please contact David Rick at (760) 602-2781 to establish a meeting to go over the details and a timeline to complete the work. Robert T. Johnson", City Engineer C: Glenn Pruim, Public Works Director David Mauser, Deputy City Engineer, Development Services Glen Van Peski, Senior Engineer, Development Services Ronald Kemp, Deputy City Attorney John Maashoff, Construction Manager Robert Slempa, Public Works Engineering Inspector II