HomeMy WebLinkAboutAV 94-07; CARLSBAD SHELL; Administrative Variance (AV).TflT T\TC') T47O
W CITY OF CARLSBAD qw LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT (FOR DEPT
USE ONLY) USE ONLY)
Master Plan
O Specific Plan
0 Precise Development Plan
0 Tentative Tract Map
0 Planned Development Permit
0 Non-Residential Planned Development
O Condominium Permit
Special Use Permit
0 Redevelopment Permit
0 Tentative Parcel Map
Obtain from Eng. Dept
Administrative Variance
0 Administrative Permit - 2nd Dwelling Unit
0 General Plan Amendment
0 Local Coastal Plan Amendment
0 Site Development Plan
Zone Change
El Conditional Use Permit
O Hillside Development Permit
0 Environmental Impact Assessment
O Variance
O Planned Industrial Permit
El Coastal Development Permit
0 Planning Commission Determination
0 List any other applications not specificed
2) LOCATION OF PROJECT: ON THE SOUTH 1 SIDE OF ICARLSBAD VILLAGE LR
(NORTH, SOUTH EAST, WEST)____________________ (NAME OF STREET)
f BETWEEN i—s AND PlO PICO DRIVE 1
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: 1PORTION OF TRACT 115 OF THE TOWN OF CARLSBAD,
ACCORDING TO MAP 775, FILED FEBRUARY 15, 1894
4) ASSESSOR PARCEL NO(S). I 156-180-15,25,28,30 I
5) LOCAL FACILITIES F 1 6) EXISTING GENERAL PLAN TR 1) PROPOSED GENERAL PLAN I NA I MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING IC.1 PROPOSED ZONING I NA 10) GROSS SITE I 65 I ACREAGE
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 1 97 OF LOTS FNA I
13) TYPE OF SUBDIVISION Fc RESIDENTIAL UNITS
(RESIDENTIAL, COMMERCIAL ,INDUSTRJAL)
14) NUMBER OF EXISTING RESIDENTIAL I 0' I UNITS
15) PROPOSED INDUSTRIAL F 16) PROPOSED COMMERCIAL 2, 470
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
NOTE: ___ ....
PRQJTRWTQNLY Q VTO U.EP MUST E i111*rog1O 4,00 3M.
00016 8/90
T
U )D IN L) • ti I b
CITY OF CARLSBAD
AGE 2 OFLAND USE RVEW APPLICATION FOR(
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 3
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I NA
20) PROJECT NAME: JCARLSBAD SHELL I
21) BRIEF DESCRIPTION OF PROJECT: REMODEL EXISTING SERVICE STATION;
CONVERSION TO CONVENIENCE STORE WITH A SELF-SERVICE IN-BAY
CARWASH AND NEW SITE DESIGN.
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CT( STAFF,
PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PR99gRTY A-IAT IS TIjB NBJECT OF IS APPLICrIN. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE t l Anz~k A&,-ARTHUR E. FRANKS
SIGN A RE DEALER/OWNER
23)OWNER SHELL OIL COMPANY 24) APPLICANT TAIT & ASSOCIATES
NAME (PRINT OR (PE) NAME (PRINT OR TOE)
JEFF STEGMAN SUSAN L. TAGUE
MAILING ADDRESS MAILING ADDRESS
511 NORTH BROOKHURST STREET 3665 RUFFIN ROAD SUITE #230
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
ANAHEIM, CA 92803 (714) 520-3486 SAN DIEGO, CA 92123 (619)278-1161
I CERTIFY THAT I AM THE LEGAL OWNER I CMnff THAT I AM ThE =AL OWNER'S RZPRLW4TA1W! AND
AND ThAT ALL. THE ABOVE INFORMAT1ON THAT ALL THE A1E INPOMA11ON IS TRUE AND CP.RFCT TO THE
IS TRUE AND aE.RECr TO THE BEST OF
MY KNOWLEDGE.
BEST Of MY INYWLMGL
SIGNA NOV. 9, 199 4
SIG E7 -ATE -NOV. 1 0, 1 994
FOR CITY USE ONLY
i430 ONINNY1d
FEE COMPUTATION: V9IHY3 JO AILI3 C! APPLICATION TYPE FEE REQUIRED
AQN
Al 'J M' Ccc z- SO.
DATE INRECEIVED
REEWED BY:
IVIrNC, 1
TOTAL FEE REQUIRED
DATE FEE PAID /J-/F 'Y RECEIPT NO.
.
Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, California 92108
Issuing Policies of
19 Commonwealths
L Land Title Insurance Company
Tait & Associates
3665 Ruffin Road
Suite 230
San Diego, California 92123
Attn: Susan Tague
Your Ref: Job #SH 769
Our No: 965333-4
Title Officer:
Larry Vinti (619) 686-2140
PRELIMINARY REPORT
Dated as of February 27, 1994 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Commonwealth
Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
RECE3VD
NOV 1 5 1994
CITY OF CARLSF3AD
PLANNING DEPT.
Cup 9'-o1
CLTA Preliminary Report Form (Rev. 11/18/82)
. S
965333
Page 2
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcels 1 through 4, and
A Leasehold Estate created by that certain lease dated February 12, 1963, executed by C.J.
Heltibridle, et a!, as lessor, and by Shell Oil Company, a corporation, as lessee, for a term
of undisclosed year, recorded February 27, 1964 as File No. 36514 and amended May 7,
1970 as File No. 79029, both of Official Records, upon the terms, covenants, and
conditions provided in an unrecorded lease therein referred to, as to Parcel 5
Title to said estate or interest at the date hereof is vested in:
Ralph H. Shick and Marjorie A. Shick, husband and wife as joint tenants, as to Parcel
1; C.J. Heltibriclie, a married man, as to Parcel 2; Ralph H. Shick and Marjorie A.
Shick, husband and wife as joint tenants, as to Parcel 3; C.J. Heltibridle, a married
man, as to an undivided 1/2 interest as to Parcel 4; Ralph H. Shick and Marjorie A.
Shick, husband and wife as joint tenants, as to an undivided 1/2 interest, as to Parcel
4; Shell Oil Company, a corporation, as to Parcel 5
The land referred to in this Report is situated in the State of California, County of San Diego, and is
described as follows:
SEE EXHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form (Rev. 11/18/82)
. S
965333
Page 3
Parcel 1:
That portion of the Northwesterly 200 feet of the Northeasterly 50 feet of the Southwesterly
891.98 feet of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 775, ffled in the Office of the
County Recorder of San Diego County, February 15, 1894, lying Easterly of the Easterly
line of Pio Pico Drive as described in course (11), (12) and (13) in Parcel 5 of
Relinquishment to City of Carlsbad recorded July 26, 1954 in Book 5312, Page 91 of
Official Records, in the Office of said County Recorder.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964 as File No. 2073 of Official Records.
Parcel 2:
The Easterly 50 feet of the following described property:
That portion of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 775 filed in the Office of the
County Recorder of San Diego County, on February 15, 1894 described as follows:
Beginning at a point on the Northwesterly boundary line of said Tract 115, which is distant
thereon North 55 °27' East 941.98 feet from the most Westerly corner of said Tract, which
point is the most Northerly corner of that parcel of land conveyed by Elizabeth Schutte to
Joseph Charles Rail by deed dated May 27, 1940 and recorded May 29, 1940 in Book
1028, Page 374 of Official Records; thence South 34°33' East along the Northeasterly
boundary line of the parcel so conveyed, 200 feet; thence South 55°27' West 100 feet;
thence North 34°33' West 200 feet to a point in the Northwesterly boundary line of said
Tract 115; thence North 55'27' East along said Northwesterly boundary line 100 feet to the
point of beginning.
Excepting therefrom that portion thereof conveyed to the State of California by deed
recorded March 12, 1952 in Book 4400, Page 480 of Official Records.
also excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964, as File No. 2073, of Official Records.
Also excepting therefrom that portion condemned by the State of California in Parcel 3D in
that Final Order recorded April 24, 1970 as File No. 71236, of Official Records.
Parcel 3:
CLTA Preliminary Report Form (Rev. 11/18/82)
. I
965333
Page 4
All that portion of Tract 115, Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to the amended Map of the Town of Carlsbad, Map
No. 775 filed in the Office of the Recorder of San Diego County, February 15, 1894,
described as follows:
Beginning at a point on the Southerly line of Elm Avenue, North 55°27' East, 941.98 feet
from the most Westerly corner of said Tract 115; thence North 55'27' East along Elm
Avenue 75 feet; thence South 34°33' East 200.10 feet; thence South 55°27' West 75 feet;
thence North 34 033' West 200.10 feet to the point of beginning.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964 as File No. 2073, of Official Records.
Also excepting therefrom that portion condemned by the State of California in Parcel 3E of
that Final Order recorded april 24, 1970 as File No. 71236, of Official Records.
also excepting therefrom that portion which lies within Parcel Map No. 3598, filed in the
Office of the County Recorder.
Parcel 4:
All that portion of Tract 115, Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to amended Map of Town of Carlsbad, Map No. 775,
filed in the Office of the County Recorder of San Diego County, February 15, 1894,
described as follows:
Beginning at a point on the Southerly line of Elm Avenue, North 55°27' East 1016.98 feet
from the most Westerly corner of said Tract 115; thence North 55 o27 East along Elm
Avenue 65.00 feet; thence South 34°33' East 200.10 feet; thence South 55°27' West 65.00
feet; thence North 34°33' West 200.10 feet to the point of beginning.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964 as File No. 2073, of Official Records.
Also excepting therefrom that portion condemned by the State of California in Parcel 3F of
that Final Order recorded April 24, 1970 as File No. 71236, of Official Records.
Also excepting therefrom that portion which lies within Parcel Map 3598.
Parcel 5:
That portion of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, in the County
of San Diego, State of California, according to Map thereof No. 775, filed in the Office of
the County Recorder of said County, February 15, 1894, described as follows:
CLTA Preliminary Report Form (Rev. 11118/82)
S I I
965333
Page 5
Beginning at a point on the Southerly line of Elm Avenue, North 55°58'03" East 1081.98
feet form the most Westerly corner of said Tract 115; being the most Northerly corner of
the land described in Deed to the City of Carlsbad, recorded January 6, 1964 as Document
No. 2073 of Official Records; thence along the boundary of said land South 34°01'57" East
= record South 34°38'40" East - 2.00 feet and South 55°58'03" West - record South
55 021'20" West - 39.93 feet to the true point of beginning and being the beginning of a
non-tangent curve concave Southwesterly having a radius of 37.00 feet, a radial line to said
point bears North 15°08'26" West; thence Northeasterly, Southerly and Southwesterly
along said curve through a central angle of 103 02656I a distance of 66.80 feet to a point
of compound curvature a radial line to said point bears North 88 018'30" East; thence
Southeasterly along a curve having a radius of 170.00 feet through a central angle of
15 011'30" a distance of 45.07 feet; thence South 13°30 1 00" West tangent to said curve
151.46 feet; thence North 89 039'07" West 78.54 feet to the Easterly boundary of said City
of Carlsbad land mentioned above; thence along the boundary of said land North 12°33'07"
West - record North 13°09'50" West - 36.07 feet to an angle point therein; thence
continuing along said boundary North 09 °59'27" West 117.91 feet - record North
10036'10" West 117.93 feet - to a tangent curve concave Easterly having a radius of 10
feet; thence Northerly along said curve through an angle of 65 057'30" a distance of 11.51
feet and North 55 058'03" East - record North 55 021'20" West - 115.74 feet to the true
point of beginning.
CLTA Preliminary Report Form (Rev. 11/18/82)
. I
965333
Page 6
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total:
First Installment:
Penalty:
Second Installment:
Penalty:
Homeowners' Exemption:
Code:
Parcel:
$1,224.54
612.27 Delinquent
61.23
612.27 Not Paid
71.23
$none
Affects: Parcel 3 and a portion of Parcel 5
B. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total:
First Installment:
Penalty:
Second Installment:
Penalty:
Homeowners' Exemption:
Code:
Parcel:
$442.34
221.17 Delinquent
22.12
221.17 Not Paid
32.12
$none
09000
156-180-15-00
Affects: Parcel 1 and a portion of Parcel 5, with other property
C. General and special taxes for the fiscal year 1993-1994 have been paid, including
personal property taxes, if any.
Total: $477.44
First Installment: 238.72
Second Installment: 238.72
CLTA Preliminary Report Form (Rev. 11/18/82)
.
I
965333
Page 7
Homeowners' Exemption:
Code:
Parcel:
$none
09000
156-180-28-00
Affects: Parcel 4 and a portion of Parcel 5
D. General and special taxes for the fiscal year 1993-1994 have been paid, including
personal property taxes, if any.
Total: $946.62
First Installment: 473.31
Second Installment: 473.31
Homeowners' Exemption: $one
Code: 09000
Parcel: 156-180-30-00
Affects: Parcel 2 and a portion of Parcel 5, with other property
E. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of California.
1. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: County of San Diego
Purpose: drain pipe line
Recorded: January 9, 1934 in Book 264, Page 226 of Official Records
Affects: Southwesterly 10 feet Parcel 3
2. An unrecorded lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms, covenants, conditions, and
provisions therein contained.
Type of Lease: Real Estate
Dated: February 12, 1963
Lessor: C.J. Heltibridle, et al
Lessee: Shell Oil Company, a corporation
Term: unknown
Disclosed by: Memorandum of Lease, recorded February 27, 1964 as File No.
36514, of Official Records
CLTA Preliminary Report Form (Rev. 11/18/82)
.
965333
Page 8
Said lease was modified by an instrument executed by and between
As Lessor: C.J. Heltibrklle, et al
As Lessee: Shell Oil Company, a corporation
Recorded: May 7, 1970 as File No. 79029, of Official Records
Affects: Parcels 3, 4 and a portion of Parcels 1 and 2
The interest under said lease is reported elsewhere in this report.
3. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: San Diego Gas and Electric Company,
a corporation
Purpose: public utilities, ingress and egress
Recorded: June 4, 1974 as File No. 74-147449, of Official Records
Affects: that certain strip of land 5.00 feet in width, lying adjacent to,
contiguous with and Southeasterly of the following described line:
Commencing at the most Northerly corner of Parcel "A", as shown on
Parcel Map no. 1007, filed September 25, 1972 at File No. 256552 in
the Office of the County Recorder of said County of San Diego, said
corner bears North 34°00'00" West from the most Easterly corner
thereof; thence North 85°50'53" West, 201.93 feet to a point on the
Southeasterly line of Elm Avenue, said point being the true point of
beginning of the line herein described; thence from said true point of
beginning South 55°58'03" West, 9.00 feet.
Also: Beginning at said true point of beginning; thence North
55°58'03" East, 2.00 feet.
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
4. The effect of any failure to comply with the terms, covenants, conditions, and
provisions of the lease described or referred to in Schedule A.
5. Any facts, rights, interests, or claims which are not shown by the public records but
which could be ascertained by making inquiry of the lessors in the lease described or
referred to in Schedule A.
6. Any defect in or invalidity of, or other matter relating to the leasehold described in
Schedule A which would be disclosed by an examination of the unrecorded lease described
or referred to in Schedule A.
CLTA Preliminary Report Form (Rev. 11/18/82)
.
965333
Page 9
7. The interest the spouse, if any, of the Vestee herein may have in said land.
Affects: C.J. Heltibridle
8. Before issuing its policy of title insurance, this Company will require evidence,
satisfactory to the Company, that the vestee corporation named herein:
(a) was duly incorporated on the date of acquisition of title hereinafter set forth and
(b) is now of good standing in the state where it was formed:
Date of Acquisition: May 7, 1970
9. This Company will require a corporate resolution of the board of directors from the
corporation(s) vested herein, authorizing this transaction and the execution of the documents
necessary to complete it in accordance with instructions given to the Company.
Affects: Shell Oil Company
CLTA Preliminary Report Form (Rev. 11/18/82)
. .
965333
Page 10
Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF
1989, (AR 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE
LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMENT OF ANY FUNDS.
ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY
UPON DEPOSIT.
CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE
AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT.
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF
FUNDS ON THIS ORDER.
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABILITY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS:
UNION BANK
530 "B" STREET
SAN DIEGO, CA 92101
BANK NUMBER: 122000496
CREDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 2: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY
DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot
be obtained, our requirements will be as follows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold will be in addition to the verbal
hold the lender may have stipulated.
(b) if this Company cannot obtain a verbal update on the demand, we will either pay off
the expired demand, or wait for the amended demand, at the discretion of the
escrow.
Note No. 3: Requirement that this Company be furnished with a copy of any supplemental
tax bills now in existence which are not reflected on this report.
CLTA Preliminary Report Form (Rev. 11118/82)
. .
965333
Page 11
Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax
amount plus delinquency amount until 45 days have elapsed. if taxes have been paid
through an impound account or if a copy of the cancelled check can be provided to us, this
requirement can be waived.
Note No. 5: if any deed of trust in favor of "Private Parties" is to be omitted from our
policy of title insurance, we will require that the original note, deed of trust and properly
executed and notarized request for reconveyance be surrendered for review prior to close of
escrow.
CLTA Preliminary Report Form (Rev. 11/18/82)
-:
CHANGES
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119
EXHIBIT "A"
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCErTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date of the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy or;
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured
by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage land is based
upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors rights laws.
EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I)
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by
persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies,'conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the
public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date of the insured claimant became an insured under this policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer or
(ii) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor.
(Continued on back) Form 2210-6 (Rev. 8-93)
A1.4 RICAN LAND TITLE ASSOCIATION L POLICY
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (10-17-92)
AND A.LJ.A. LEASEHOLD LOAN POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise
by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or anotice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known tothe Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien
for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of
Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials-over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim which arises out of the transaction vesting in the Insured-the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to-timely record the instrument of transfer, or
(ii) of such recordation to impart-notice to a purchaser for value or a judgement or lien creditor.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, Costs, attorneys fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of jCovsred Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date.
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8of Covered Title-Risks.
4. Failure to pay value for your title.
5. Lack of a right:
--to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
B2210-6
CITY OF CARLSBAD c I <---HL7 0ARLSBAD
V
LAGE DRIVE ARLSBAD, CAORNIA 92008
434-2867
REC'D FRO DATE ~Z, -- //~u
ACCOUNT NO. DESCRIPTION 11/L3/4 'O1 AMOUNT ir 75001`
o
RECEIPT NO. I jQ9 NOT VALID UNLESS VALIDATED BY TOTAL
+
7c,
®PrntedonrccycJedpaper. LAbHIthUISILR
.
JOB NO. SH769
.
sbad
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL PECUIE
,DISCRETIONARY ACTION ON TIE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
Applicant
Ust the names and addresses of all persons having a financial interest in the application.
SHELL OIL COMPANY
511 N BROOKHURST STREET
ANAHEIM, CA 92803
Owner
List the names and addresses of all persons having any ownership interest in the property involved.
SHELL OIL COMPANY ARTHUR E. FRANKS
511 N BROOKHURST STREET 1145 CARLSBAD VILLAGE DR.
ANAHEIM, CA 92803 CARLSBAD, CA 92803
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
If any person identlifid pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar,
of the trust.
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438.1161
2.
3.
11
0
(Over)
Disclosure Statement Page 2
S. Have you had more than $250 worth of business transacted with any member of City staff, Bcarcs
Commissions, Committees and Council within the past twelve months?
Yes - No x If yes, please indicate person(s)
Person is defined U: 'Any individual, firm. copartnership. joint venture. aucciation, social club. fraternal organization. corporation. .stat., trust.
receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or
combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
Signature of Oner/date
ca JEFF STEGMAN SUSAN L. TAGUE
Print or type name of owner Print or typ. name of applicant
FRM00013 8/90
JOB NO. SH769
.. .
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: CARLSBAD SHELL OIL COMPANY
APPLICANT NAME: TAIT & ASSOCIATES
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
THE REMODEL OF THE EXISTING SERVICE STATION, 2,470 SQ.FT., TO A
CONVENIENCE STORE INCLUDING, A NEW IN—BAY AUTOMATIC CARWASH, AND
NEW EXTERIOR FINISHES FOR BUILDING AND CANOPY. THE SITE IS
REDESIGNED, INCLUDING THE REMOVAL OF A FULL SERVICE ISLAND,
UPGRADED LANDSCAPING AND NEW ORIENTATION OF DRIVEWAYS.
Ply. 4/91 ProDesc.frm
. .
JUSTIFICATION FOR VARIANCE
1.
The remodel project is designed to function within the limits and restraints of existing
conditions. The site is of adequate size and shape for the intendended use and is designed to
provide safe and manageable conditions for the patrons of the new use. Perimeter planters, if
increased in width (from the existing width), will jeopardize the safety and manageability of the
site in two locations.
At the queuing lane and entry to the new car wash, an increase in planter width to 6'-0", would
reduce both the lane width and turning radius to below City's safe standards. The lane and turn
would be unacceptable to the City and rendered unusable, bringing the project to a hault.
The City has no standards for the second location at the pump lane. Shell through years of
day-in and day-out operations have developed minimum standards. Increasing the street planter
to 6'-0" in width ( from the existing width) would reduce the lane to below a minimum and
result in a hard to manage condition, (made even more difficult by the topography upon
approach). This condition would be unsafe for both vehicles and pedestrians. In addition, with
the elemination of the eastward pump island, an increase in volume is expected at this pump
island. The lane will become a point of congestion, and being so close to the driveway, it will
be detrimental and unsafe to pedestrian and vehicle flow along Carlsbad Village Drive.
C is
JUSTIFICATION FOR VARIANCE
2.
Widening the planters at the carwash area will make or break the improvement project as a
whole. Reducing the lane and turning radius to below City requirements would not be
acceptable to the City, and would stop the project.
Reducing vehicle lanes in either location to provide an additional 1 to 2 feet of planting would
result in repeated property damages. Cars will have difficulty maneuvering in these areas and
will hit the curbs and islands, the planting, and the new low height wall. Keeping these areas
in a well maintained condition will be a constant hardship for the owner.
Congestion will be another problem in these two areas. Congestion in reduced vehicle lanes
will increase the waiting time in lines, interfere with on site circulation, traffic on the streets
and in the public right-of-way, and increase the chance of accidents on and off the site.
All of this is substantially detrimental to the preservation and enjoyment of the property once
improved.
. .
JUSTIFICATION FOR VARIANCE
3.
Planters, if they take precedence and are increased in width in these two areas, would create
dangerous conditions. Conditions which would be detrimental to the safety and well being of
the public both on and off the site.
Granting this variance would allow the site circulation to function efficiently and safely as
designed. Through the planning process a site design was developed that functions best with
the improvements and new uses. Traffic and circulation would be improved over the existing
use. The public welfare and protection of property would be bettered with the approval of this
variance.
. .
JUSTIFICATION FOR VARIANCE
4.
The planning process of this project is a tool with which the City can bring existing sites into
compliance and up-to-date with the City's comprehensive plan. This project is a prime
example of how well this tool works. The new uses are desirable for the Community and are
consistent with the Zoning Ordinance. The improvements are in harmony with the various
elements surrounding the site and are compatible with adjacent uses. The engineering aspects
of the site will comply with City requirements regarding curb cuts, isles and lanes, parking and
queuing areas. The existing site signage is a non-complying condition and this will be brought
into compliance. The landscaping in all ways (other than the two subject areas) is brought into
compliance. At these two subject areas landscaping has been enhanced to provide adequate
screening as requested. A low height block wall is added at the carwash queuing lane as
requested by the City. The upgrades proposed in landscaping on the site along the perimeter
and at the interior meet the intention of the Ordinance landscape requirement. The minimum
perimeter planting area is exceeded by 11 %.
Granting of this variance would give a green light to a project that would result with a site in
nearly total compliance. The site would be upgraded from existing conditions, in all aspects.
The project then being in keeping with the development and coincide with the comprehensive
plan.
L2
JOB NO. SH769
. I
JUSTIFICATION FOR VARIANCE
By law a Variance may be approved only if certain facts are found to exist. Please read these
requirements carefully and explain how the proposed project meets each of these facts. Use
additional sheets if necessary.
1. Explain why there are exceptional or extraordinary circumstances or conditions applicable
to the property or to the intended use that do not apply generally to the other property or
class of use in the same vicinity and zone:
SEE ATTACHED
2. Explain why such variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but which is denied
to the property in question:
SEE ATTACHED
3. Explain why the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located:
SEE ATTACHED
4. Explain why the granting of such variance will not adversely affect the comprehensive plan:
SEE ATTACHED
FRM0004 10/92