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HomeMy WebLinkAboutCDP 2020-0026; Lichtman, Valerie; 2021-0592423; OtherDOC# 2021-0592423 11111)11111111111111111111111111 lllll lllll lllll 11111111111111111111111 Aug 19, 2021 02:05 PM OFFICIAL RECORDS RECORDING REQUESTED BY: Ernest J. Dronenburg, Jr., City of Carlsbad SAN DIEGO COUNTY RECORDER FEES: $41 .00 (SB2 Atkins: $0.00) PAGES: 10 WHEN RECORDED MAIL TO: Oty of Carlsbad Housing and Neighborhood Services Attn: Code Enforcement 1200 Carlsbad Village Drive Carlsbad, CA 92008 (Space above for recorder's use) ADDENDUM ONE TO MUTUAL AGREEMENT Code Enforcement case-No. CC 2018·0902 939 Begonia court, APiN 214•390-23-00 Property Owner: Valerie Lichtman 1. The purpose of this Addendum One is to outline future compliance deadlines for all foreseeable future dates related to the underlying Code Compliance Agreement ("Agreement") and P~OPERTY OWNER'S Variance Application. Paragraph ll(b) of the underlying Agreement indicates that "all future compliance deadlines, which are as of yet undetermined ... will be included by addendum(s) to this Agreement upon submission of PROPERTY OWNER'S Variance Application." 2. On March 11, 2020, two days after the March 9, 2020 Variance Application submission deadline as stipulated in the Agreement, PROPERTY OWNER attempted to submit a Variance Application, although it could not be accepted because it was deemed incomplete. Specifically, the Variance Application lacked a preliminary title report and a final version of the geotechnical evaluation. PROPERTY OWNER subsequently made an appointment for March 23, 2020 to submit the complete Variance Application. 3. On March 23, 2020, PROPERTY OWNER's attorney attempted to submit the completed Variance Application. However, the Variance Application was missing one page from the CDP application (Form P-6) and the noticing fee for pu~lication in the newspaper. 4. As of June 5, 2020, CITY has received and processed the remaining components of the Variance Application and it is officially accepted by CITY. 1 5. However, the application accepted on June 5, 2020 for CDP 2020-0026/V 2020-0004 was determined by City Planning staff to be incomplete, pursuant to a letter sent to PROPERTY OWNER and legal counsel April Roberts on or about June 29, 2020 (see Exhibit A). The letter indicated that the application must be refiled with four documents, corrections, and/or revisions as required by the Engineering Department and one revision t~ the preliminary site plan as required by the Planning Department. Pursuant to Addendum One of the Agreement, paragraph 6: "If, after the first review of the Variance Application, CITY requires PROPERTY OWNER to make any revisions, said revisions shall be resubmitted to CITY within 30 days following the date CITY accepts applicant's resubmittal." According to this timeline, PROPERTY OWNER had until July 29, 2020 to resubmit a revised variance application. 6. Applicant did not submit the revised variance application by the July 29, 2020 deadline. After being contacted regarding potential enforcement action for violation of Addendum One of the Agreement, legal counsel requested an extension for resubmittal of the revised variance application. CITY granted an extension until September 10, 2020. 7. PROPERTY OWNER submitted a revised variance application by September 10, 2020. However, the revised application was determined by City Planning staff to again be incomplete since it did not include all of the documentation, corrections, and/or revisions as required by Exhibit A. Rather than reject the variance application resubmittal a second time, and based on the lengthy history of the code violations and variance application submittals in this case, CITY accepted PROPERTY OWNER'S incomplete variance application submittal under the condition that City Planning staff will recommend denial of the variance. 8. A hearing has been scheduled before the Planning Commission on December 16, 2020 to determine if a variance can be granted in PROPERTY OWNER'S favor, notwithstanding the City Planning staff's recommendation for denial of the variance. 9. PROPERTY OWNER has 10 days from the date of the Planning Commission's decision on the CDP and Variance to file an appeal of the decision to the City Council. 10. In the event that PROPERTY OWNER's requests for a CDP and Variance are denied and all administrative remedies are exhausted, CITY may proceed with any enforcement action authorized by the Carlsbad Municipal Code and state law. 11. PROPERTY OWNER understands that the Planning Commission and the City Council retain discretion as to the scheduling of all public hearings. 2 12. The PARTIES agree that PROPERTY OWNER will continue to use good faith efforts to comply with all compliance deadlines. Any submittals to CITY will contain all required components and will be submitted in a timely manner. 13. FORCE MAJ EURE. Neither Party shall be liable for any failure or delay in performance under this Agreement for causes beyond that Party's reasonable control and occurring without that Party's fault or negligence, including, but not limited to, acts of God, acts of government, a government declared epidemic/pandemic, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligat ions are scheduled to be met will be extended for a period oftime equal to the time lost due to any delay so caused. IN WITNESS WHEREOF, the PARTIES have executed this Addendum 2 to the Agreement as of the dates set forth below. Dated: II Jo\ .<::,;_ ____ _,,2020 Dated: 1 i /ol __ ___,:,-+-_..:..,. _ __,,2020 l Dated: /I/ to/ , 2020 Rene Lichtman, Aut or ed Agent of PROPERTY OWN~ KJ_,~ Mike Peterson Assistant Director, Community Development City of Carlsbad 3 APPROVED AS TO FORM: Dated: 'N ~ .. L-v-,._~ , 2020 ~ Attorney for PROPERTY OWN ER Dated: N D\/ , 1/) • 2020 Marissa A. Kawecki, Deputy City Attorney for City of Carlsbad 4 CALIFORNIA A.LL• PU ·RPO:S.·E CERTIFICATE OF ACKN:OWLE.DGME.NT A notary public or other officer completing this certificate vetmes orHy· ·the identity of the tndfviduai wh9 signect the docum~nt to which thrs c.erllfitfate: :is attauhed1 and not-the tn.rthfulness, aceuracy, or validity of ihat document . . ' . .. . . . . .. . .. •'-.--: : . . ·- State of California County of SM ..Qev '11< P J, 11 tJ' } } On Nov .~ o2.o o21J before me, Ma. Eloisa Gonzal~;a. NOTA~Y PUBLIC Q-i..,,, /,,~on nam• "'"' (rtJW <>t'lffii·:iiic,..) personalty appeared Y._~~· c,/4~CWJ ~-~f.. ~" xh±..~a.."""'1~--- who proved to me on the ·basis of satisfactory evidence to be the person® whose name@ is/~ubs.cribed to the within instrument and acknOWl:edged to me that he/she/~executed the same in his/her/~authotized capacit@, and thatb.y his/her/~ signatur~ on the instrument the penior@ , or the entity upoh behalf ..of which the persor@acted., executed the instrutneht. f certify under PENAL TY OF PERJURY under the laws of 'the State of Californfa that the foregoing paragi:~ph is tru.e and correct Vl/lTNESS my hand ahd offit:iEtl t~eat . . . . . . . . lN.S'tl.tt.'t:1'l<Ji-tS t-0.R C..Gt\tlP.UiTING Tti£S'·~O.RM ADDITIONAL OPTIONAL .INFORMATION Thl.~.toi-.i-r, l-011u1Jiei 1fiiih i11ow1t·fi.tilj/tir11T1a1irit1us· rPg,ai'ding 11/Jfl.lJ'y.u'<Jt<dlntJ, to1,I. , Dt:SCRIPTION OF THE A TT ACHED DOCUMENT ef.11eedtql. slroufd_fie <.t<f1.i1P.iif'!d=t111d!,f!Jat;}r_e(f ro. tli~ {1~1;,t1f!,nt • .-fqkJ.10wj1rdg1r!m~ J ~ 1 Jmm 0.(JW!'·S!Ot§f§ mp;i-iil!.•/:.t;QJJJJ,>t,rdJ.f." <!_qr;µ1_11f'l(J. ~i!111g,sem.(o,1h,rµ!°'t~-sp l~!fi!: I C cJR C ( . a, 1he wordJ,i15 d1Jc:~1w rt(,q(fire (h« (:.miforhia.n_o1ao1 IQ: 1·wt~, f:;-t;,lif~•·ura I,w:.,y ! ··-·-·-<P-..... 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Sigiillitlce .,\f tl11~-1ioo1")' {'lll'llib mus.( i~roh tU srg!iatnre on me.·wi1lttTle office of ihc C(l\Ull}' e~t't. . . ❖ .AdJltfona.1 in!QuncilJipn .is·· not 1e.qw_~ bl.lt .,:;.i~uld. t,w...1 ~ •CllSure tJ1is ai:lct1i>wie.1!gme-11r•t.•t1;)t1~l!\!l~~!-llr a~)iecl to ndj-/:}~t'nt J~u1nen1·. ❖ lndiontt1iife,<¥•'.11.PMFAfrae.lilm~~mcui, ii~in~r Qf P,!(~c~~1ro c!~te. ❖ 1ndi<1aill me up11~it):cldinwa u~1I1t,sigoer. Iftl\.t crail11titt=i?lipaci'ty is a OOl'flOtlltC.P.l\'t,'er, 1itdk:a.tc Uw.tii.t,!·:(£.1!:. ;CE~t .GFO: S:e'Cietiuy}, • ~~/;\lt¢l.Y ~n.1.1.cl!th,h;l,t()\iJl~~rit>w.·1)1~·,!it)i)itd~llllfl'!e.rrf wr,11-a S(lll)le. ,. I j I 11 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE,§ 1189 A notary public or other officer completing this 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 Sa.-n D ,· e7Jo ) On Nov-e.mber ID, 2.D:L.O before me. Chnshno 1\,t ar,e KoJn ,~uez.,, ,Mo:&avy fuhl,~ Date · , . } Here Insert Name a 'd Title of the Officer personally appeared HI ke ee.±c,YSO n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. I CHR!SfflAMARIE RODRIGUEZf . · COMM. '222018& ~ NOTARY PUBLIC-CALFORNIA 't1 · SAN Dl~GO COUNTY I My Comm. EllpillS Odob« 29.-2.021- U a a scssc sea Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature tkue~ 'ff/~ leodJ>~ Signature of Notary Public'~ ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document I · · Title or Type of Document:Cod-e~2!,·anu,., A::jYe.emwtarzd f?.cfetluC -AdJe11c/«m :;i._ Document Date: Noll(111'71otr /0, '2-0ZD Number of Pages: > ------ Signer(s) Other Than Named Above: ______________________ _ CapacityOes) Claimed by Signer(s) Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ □ Partner -D Limited □ General □ Individual □Trustee D Attorney in Fact D Guardian or Conservator □Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited □ General D Individual □ Attorney in Fact D Trustee □ Guardian or Conservator □ Other: ______________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 29, 2020 April Roberts 901 °5. State Street, suite 400 Hemet, CA 92,543 EXHIBIT A (cicyof Carlsbad SUBJECT: 1ST REVIEW FO~ CDP .2020-0026/V 2020-0004· (DEV2020·0134) -BEGONIA COURT RETAINING WALL . Thank you fur applying for La rid 'Use Permits in the City of Carlsbad. The Planning, Division has reviewed your Coastal Development Permit and Minor Variance, applications no. CDP 2020-0026/V 2020-0004, as to its completeness for processing. The application is incomplete, as submitted.· Attached are two lists. The first list ls.Information which must be submitted to complete your application. The second list is project issues of concern to. staff: In order to expedite the processing of your appli.cation, the "incomplete" items and. your respol'.)se to the project issues of concern to staff must'be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of yo·ur re-submittal package, please prepare and include with your re-submittal: (1) a. copy of the~e lists, (2} a detailed letter summarizing flow all identified incomplete items and/or project issues have been addressed; anc;I (~) five (5) sets of revised plans. No processing of your application can occur until the application is cfetermined · to be complete. When all required materials, are submitted, the city has 30 days to make a detennination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In additior:i, please note tf:iat you have six.months from the date the application was Initially filed, June 4, 2020~ to elther resubmit the application or submit the required information. Failure to resubmit the application o~ to submit the materials necessary to determine your application complete shall be deemed to Gimstltute withdrawal of the appflcatlon. If an application Is withdrawn or.deemed withdrawn, a new appUcation must be submitted. In order to expedite the processing of your appl[cation, please contact. me at 760-602-4631 or jessica.bui@carlsbadca.gov to discuss or to schedule a meeting to discuss your application and to completely understana this letter. You may ·also contact each commenting department indiVidually as follows: ' • .Land Developm.ent Engineering Division: David Rick, Associate Engineer, at 760-602-2781 Community Development Department Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 76~02-4600 I 760-602-8S60 f lwww.carlsbadca.gov COP. 2020-0026/V 2020-0004 (DEV2020-0134) -BEGONIA CT. RETAINING WALL June 29, 2020 • Pae 2 Attachments: 1. Engineering's r~dlined site plan 2. Redlined E-.~4.and F-36 forms c: Valerie Lichtman, 901 S .. State Street, Suite 400, Hemet, CA 92543 David Rick, Project Engineer File Cop.y . Data Entry CDP 2020-0026/V 2020-0004 (DEV2020·0134) -BEGONIA CT. RETA.IN ING WALL June 29, 2020 Pa e3 .UST OF ITEMS NEEDED TO COMfLETE THE APPLICATION Engioeering: 1. Submit supplemental geotechnical report to the report dated October.~, 2019 by AGS expanding on analysis and recommendations of the third option chosen to reinforce the existing sy~tem. Include in the supplemental geotechnical report: a. Recommendations for anchor locations, lengths, spacing, etc. and specify which walls shall be anchored. b.. Installation methods and procedures. c.. Assess overall feasibility of the project. d. Location map. e. Describe impacts on adjacent properties/improvements as a result of site grading and construction. f. Reference applicable building/grading codes/ordinances. . I g. Recompaction requirements as the fill has not beein recompacted to a minimum of 90% of relatiVe compaction per the conclusions in Section 6.0 of the October 9, 2019 report. Is recompaction of slopes and in level areas between walls required for this remediation option? Design engineer shall also estimate remediation quantities for recompaction in their grading quantity assessment. 2. Correct the E-34 fon'rrper the enclosed red lined comments. There are corrections needed to step 1 and s. In step 5, 'Standard _Project' should be selected, not 'My Project Is not a develop_ment project.' 3. Correct the E-36 Standard Project Requirement Checklist.per enclosed redlined comments. 4. Revise the.site plan as follows and per the enclosed red lined plan: · a. Add a vicinity map. b. Add owner name as written in the title report. c. Add property line bearings. d. Identify existing fence on the property. e. Plot access path forgetting equipment to the rear yard and specify amount of clearance available as well as the dimensions of the largest equipment needed to complete remediation. f. Plot drainage arrows in the rear yard to illustrate surface drainage flow on the property, Drainage should be flowing away from the slqpe. g. List the two easements that appear in the title report. Plot the drainage easement that appears on the subdivision map (CT73,;39). Add note that the other easement cannot be located per the records. h. List grading quantities. Provide one list that describes the amount of soiJ moved to establish the wall/slope configuration as it exists today and another list estimating the amount of grading needed for the chosen remediation option. i. Plot existing structures within approximately 25 to 30 feet of the subject property •. j. List step-by-step procedure for installing proposed reinforcement of the existing l\:1SE walls. · .• k. On section A and B, plot MSE walls and associated 4 foot long geogrids as noted in the soils report and existing wall drains, if any. Identify location of points of wall drainage C~P 2020:-0026/.V 2020-0004 (DEV2020·0134) -BEGONIA CT •. RETAIN _ING WALL Jun_e 29, 2020 Pa e4 · Plan·ning: .discharge, .Plot proposed sJ1otcrete forms to be place·c;t. against. MS~ walls ~nd anc'1or system. Plot tormath;mal material (Qvop} tor which archors·are to be embedded. Add scale to sections. ISSUES OF CONCERN 1. On-the.preliminary.site plan, please make the following corrections: a. Add the following project number at the top right c<'irner of the plans: CDP 2020-0026/V 2020·0004.