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HomeMy WebLinkAboutCDP 2020-0026; Lichtman, Valerie; 2021-0694147; OtherRECORDING REQUESTED BY: Oty of Carlsbad WHEN RECORDED MAIL TO: City of carlsbad Housing and Neighborhood Services Attn: Code Enforcement 1200 Carlsbad Village Drive carlsbad, CA 92008 DOC# 2021-0694147 1111111111111111 Hll 1111111111111111111 IRI 11111 ~11111111111 1111 Oct 04, 2021 04:26 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (S82 Atkins: $0:00) PAGES: 7 (Space above for recorder's use} CODE COMPUANCE AGREEMENT A~D RELEASE-ADDE.NDUM 3 Code Enforcement Case No. CC 2018-0902 939 Begonia Court, APN 214-390-23-00 Property OWner: Valerie Lichtman ADDENDUM THREE TO MUTUAL AGREEMENT B£CITAIS 1. The purpose of this Addendum Three is to outline future compliance deadlines for all foreseeable future dates related to the underlying Code Compliance Agreement ("Agreement") and PROPERTY 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 induded 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 geotechnlcal 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 Coastal Development Permit ("COP") application (Form P-6) and the noticing fee for publication in the newspaper. l 4. As of June S, 2020, CITY received and processed the remaining components of the Variance Application and it was officially accepted by CITY. 5. However, the Variance 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 to the preliminary site plan as required by the Planning Department. Pursuant to Addendum One of the Agreement, paragraph 6: ulf, after the first review of the Variance Application, CtTY requires PROPERTY OWNER to make any revisions, said revisions shall be resubmitted to CITY within 30 days following the date CITY accepts applicant's resubmittaJ." According to this tlmeline, PROPERTY OWNER had until July 29, 2020 to resubmit a revised variance application. 6. PROPERTY OWNER 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 AppRcatlon. OlY granted an extension until September 10, 2020. 7. PROPERTY OWNER submitted a revised Variance Application by September 10, 2020. However, the revised Variance 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 submlttals In this case, CITY accepted PROPERTY OWNER'S Incomplete Variance Application submittal under the condition that Oty Planning staff would recommend denial of the variance. 8. A hearing took place before the CITY'S Planning Commission on December 16, 2020 to consider PROPERTY OWNER'S request for a variance. The Planning Commission voted (6-0-1) to uphold staffs recommendation to deny the variance and the corresponding request for a CDP. 9. On March 16. 2021, the Oty Council held a hearing to consider the Planning Commission's decision to uphold staff's recommendation and deny the variance. The City Council agreed with the Planning Commission and denied the variance. 10. Pursuant to Planning Commission Resolution No. 7394, Condition 1, Property Owner was required to apply for the necessary permits, such as but not limited to a grading 2 permit and coastal development permit, within 60 days from the date of the City Council action concerning the variance application, or as otherwise specified in this Code Compliance Agreement. No such application was received by Property Owner within 60 days of the March 16, 2021 Oty Council hearing. AGREEMENT 1. cnv and PROPERTY OWNER now agree through this Code Compliance Agreement Addendum 3 that PROPERTY OWNER will submit a complete and timely application for the necessary permits, such as but not limited to a grading permit, no later than November 1, 2021. Prior to this deadline, PROPERTY OWNER shall: a. Consult with CITY'S Planning Department and land Development & Engineering Department to ensure timely submission of any required applications. b. Use best efforts to submit the grading permit application as soon as practicable to determine whether a COP permit will also be required. c. Diligently respond to all CITY staff comments or requests related to the grading permit application, 2. The grading permit must be issu~d within 180 days from the date the initial permit application is submitted. Unintentional delay caused solely by CITY in issuing the grading permit will not constitute a violation of this provision. 3. PROPERTY OWNER must complete work on the hillside development, returning It to a code compliant condition, within 180 days from the date the grading permit is issued. 4. PROPERTY OWNER understands that additional permits may be required to return the hillside to a code compliant condition, and additional deadlines may be required pursuant to future addendum(s) to this Agreement. 5. CITY agrees to refrain from enforcement action, as authorized by the Carlsbad Municipal Code and state law, against PROPERTY OWNER provided that the PROPERTY OWNER satisfies all conditions of the Agreement and this Addendum 3. 6. PROPERTY OWNER agrees 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. 7. FORCE MAJEURE. 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 negUgence, 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, 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 0081800 ] 1 D O BO! E J J B:6008,J tJOffllOO O )18@0000( 0 Bi000080181111}6(] J O : lffl881@10 D 9!000 J 2 E •O!OOS)f(] D M [l@OIIJ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which tflis certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ' } before me, __ __;;-;;.;..;•L;;;..y_n..;.r:i=··.P=T"""r=~=d=e =, =~ .... o .... ta=,X=.v=P=u=b=·'=ic=' --~ On S-.,;, ~m\l U \S }J);).l Date Here Insert Name and Title of the Officer personally appeared -~-~~n_..c~_L_\_~----~~M~o;~~~q;~'V"\~cA~V_o_\~~~(~\ "-~-L=\~<:.;~~-:t~m~a.~n~· - Name(s) of Signer(s) ----------::::::-,,, J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(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. LYNN ;~~~Co~00l -• ~ COMM. #2349020 !:2 : • NOTARY PUBUC-CAUFORNIA ~ l SAN DIEGO COUNTY • • • My Comm. ~ MARCH 22. 20251 44 C C IE- Place Notary Seal and/or Stamp Above I 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. Signature _d_~---l+-'--'--.... o=--~---"'""--'---''---- '!1gnature ofNotaryPublic OPTIONAL Completing this informatfon can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . . .. -Title.or. :r.ype-Of-DGGUm~nt.;-Co.c\.e, ~p\,o.nc.CI ·""f-w:n~ <:l~:tkLegM,,-~MMcblY\ ~- Document Date: ~R. M: \.'N\'p,a: \ ~ ,,}.Q)JJ Number of Pages: Y Signer(s) Other Than Na~d Above:----'----=-~--.;..~_...:...... __ ....::'-....,,==-----------_~_~_-_-_-_- Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o ~orporate Officer -Title(s): ______ _ o Corporate Officer -Title(s): ______ _ o Partner -D Limited o General o Partner -o Limited o General o Individual o Attorney in Fact o Individual o Attorney In Fact o Trustee o Guardian of Conservator □ Trustee □ Guardian of Conservator D Other: D Other: Signer is Representing: ________ _ Signer Is Representing: ________ _ l'lllliO B 2 BB 2 0 JO[ BB 5 □ J )a 5 J 9 0 5 Ill[] □ BB j i B BB BB O E □ B D 2 D 6 j J D □ BO □ □ J □ 8 r,-6 di § JC 5 E JDC [ llillt ©2017 National Notary Association