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HomeMy WebLinkAboutHDP 89-05; ALTIVA PLACE; Hillside Development Permit (HDP)City oi Carlsbad 2075 Las Palmas Drive Caksbad, CA 92009 (69) 438-1161 PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM One Single Family Home: No Charge All Other Applications Based on Project Site Size: 0 - 1 Acres 50.00 0 - 10 Acres 100.00 10 - 100 Acres 200.00 100 Acres 400.00 Complete Description of Project (attach additional sheets if necessary) Altiva Place Limited No. 2 Proposed Minor Subdivision No. MS 740 Location of Project Altiva Place & Alicante Road Carlsbad, CA Permit/File Numbers Associated with this Project P.N. 2-88-53, Dwg. 295-6 (JN 74g) Legal Description (complete) Parcel 2 of Parcel Map No. 13158, in the City of Carlsbad, County of San Diego, State of California , recorded in the Office of the County Recorder of San Diego County on February 21, 1984 as File No. 84-061796 of Official Records. Local Facility Management Zone Assessors Parcel Number Zone General Plan Existing Land Use 6 Proposed Zone Proposed General Plan Site Acreage 2.04 Owner Aoolicant Name (Print or Type) Name (Print or Type) Altiva Place Ltd. # 2 Altiva Place Ltd. # 2 Mailing Address Mailing Address 5122 Avenida Encinas 5122 Avenida Encinas City and State Zip Telephone City and State Zip TeIephon Carlsbad, CA 92008 (619)438-1324 Carlsbad, CA 92008 (619)438-132 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE DATE SI T UREl: 1/24/89 Applida(ti6n-ó Received By Fees Received Receipt No. 1-U dxh S - , 0 / (1 0 PROJECT NUMBER'(S) F P) Ci :ity c 075 L' 619 ) DISCLOSURE FORM a Place # 2 APPLICANT: Name (individual, partnership,, joint Venture, Corporation, syndication) 12? Avenida Hricjnas, Carlsbad, CA 92008 usiness Address 4.38-1324. Telephone Number AGENT: James H. Scott Name 5122 Avenida Encinas, Carlsbad, CA 92008 Business Address 4.38-1324. Telephone Number MEMBERS: James H. Scott 9cfl2 ny1- Jrdn. Carlsbad, CA Name (individual, partner, joint H6me Address venture, corporation, syndication) 92008 5122 Avenida Encinas, Carlsbad, CA 92008 Business Address ____________________________________ 943-0851 Th1Th Number Telephone Number Hugh L. Hearne 2903 Corte Jardin, Carlsbad, CA Name Home Address 92008 2911R Corte Jardin. Carlsbad, CA Business Address 94.3-0851 943-0851 Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Owner,at.tre,,,/ ty L 5 L arls Page 2 xt 9 1 DISCLOSURE FORM APPLICANT: Altiva Place # 2 Name (individual, partnership, joint venture, corporation, syndicationl 5122 Avenida Encinas, Carlsbad, CA 92008 Business Address 438-13214. Telephone Number AGENT: James H. Scott Name 5122 Avenida Encinas, Carlsbad, CA 92008 Business Address 438-1324 Telephone Number MEMBERS: Harry T. Scott 414 Bynner Drive, San Pedro, CA Name (individual, partner, joint Home Address 90732 venture, corporation, syndication) (same as above) Business Address 213-832-1388 Telephone Number Name 213-832-1388 Telephone Number Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. i/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. /& zw/ APPLICANT BY Agent, Owner, CHICAGO TITLE COMPANY 1301 3rd Avenue, San Diego, California 92101 (619) 232-4031 PRELIMINARY REPORT JAMES H. SCOTT INC. 1241 ELM AVENUE, #210 CARLSBAD, CALIFORNIA 92008 Your Ref: ALTIVA #2 Our No: 54025-19 Attention: JAMES SCOTT In response to the above referenced application for a policy of title insurance Chicago 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 thereto) 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. 3rd Amended Report dated as of January 12, 1989 at 7:3 Title Officer PHIL P IRIER The form of policy of title insurance contemplated by this report is: NONE p1qc Order No. 54025-19 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: ALTIVA PLACE LTD., #2 9 a California limited partnership 3. The land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: Parcel 2 of Parcel Map No. 13158, in the City of Carlsbad, County of San Diego, State of California, recorded in the Office of the County Recorder of San Diego County on February 21, 1984 as File No. 84-061796 of Official Records. . . Order No. 54025-19 Schedule B Page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: LEUCADIA COUNTY WATER DISTRICT Purpose: Sewer pipeline Recorded: June 7, 1971 as File No. 118184, Official Records Refer to said document for a full description of the location of said easement and for further particulars. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: LEUCADIA COUNTY WATER DISTRICT Purpose: Sewer pipeline Recorded: October 14, 1975 as File No. 75-282565, Official Records Refer to said document for a full description of the location of said easement and for further particulars. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: CARLSBAD MUNICIPAL WATER DISTRICT Purpose: Pipelines Recorded: November 10, 1975 as File No. 75-314413, Official Records Refer to said document for a full description of the location of said easement and for further particulars. 5. The Parcel Map referred to in the legal description herein contains various restrictions in improving or developing the property herein described. Reference is made to said Parcel Map for further particulars. 6. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded: March 7, 1984 as File No. 84-084065, Official Records 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: LEUCADIA COUNTY WATER DISTRICT Purpose: Sewer pipeline Recorded: October 5. 1984 as File No. 84-379814, Official Records Order No. 54025-19 Schedule B Page 2 Refer to said document for a full description of the location of said easement and for further particulars. 8. An Agreement by and between ALTIVA PLACE LIMITED NO. 2., a California limited partnership - developer and THE CITY OF CARLSBAD for the payment of a public facilities fee, recorded August 17, 1987 as File No. 87-464980, Official Records. END OF SCHEDULE B ha amd/ag /ha amend/rfc I Z 98 AC 30 4. o a P7 AT 23 SHT2 JV :j T :• / 21 25-48 I •' 400' c-6'4 4- v,6 CHANGES BIK OLD INEW CUT - /0 17/1 ic/ /3 t/6-/o'lg.q13271 1 2 I°' 184 8?io (i/I zzq il O.55AC.4 • 'P'.- '1 ••:,'• ',.,•..' )•. _._f_s DETAIL'B" 1. 400' •'ht1e tht8n1t IR be1tve1 to be crrct • the cnm'mny AASUTnP5 no 1 jbt1 i.ty for Any 1089 occuring by reason of reltnce thereon." S MAP 8266—CARLSBAD TCT. NO.72-75 REVEP%SON OF ACREAGE SEC 25—TI2S—R4W — POR S 1/2 ROS 6269,6567. 664 ols AC 120 1 24 35 AC PAR. I SBE MAP 141— 37-105 I,IOA AL 1 1 105 9 54 AC. 8 5O•45AC. p .. SHT.$ Ob 1?r. ••.*,. II 20 2.04AC • ... p. 1 . SHT. • 4- .. . © 0 • -5.t/4COR. SH T. I J SEC..25. . •, S. 1•' • •s • AL.TI>MA go •• £ '7- NAY -A4'4 11 SAN DIEGO COUNTY ASS,SSOR1 MAP BOOcZ15 PACE 06 MAPPED (OR ASSESSMENT PURPOSES ONLY SHT. I or z I II 'S 46 SEE DETAIL . . LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1988 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 and 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. 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. 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 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 the estate or interest insured by this policy. 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 applicable doing business laws of the state in which the land is situated. 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. EXCEPTIONS FROM COVERAGE 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 orwhich 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. Reorder Form No. 12168 . 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, attorney's fees and expenses resulting from: 1. Governmental policy 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 • land division • improvements on the land • environmental protection This exclusion does not applyto the 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 Covered 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 8 of 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. • • AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87) WITH ALTA ENDORSEMENT- FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-21-87) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE 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 and 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. 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. Defects, liens, encumbrances, adverse claims or other matters: (a) 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 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 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 applicable doing business laws of the state in which the land is situated. 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. Any statutory lien for services, labor or materials (or the claim or 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. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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 by making inquiry of 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 (10-21-87) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-21-87) 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 and 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. 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 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 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. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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 by making inquiry of 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. • ,• CITY OF CARLSBAD 1200 ELMOENUE CARLSBAD, CALIF IA 92008 438-5621 REC'D FRO DATE ACCOUNT NO. DESCRIPTION AMOUNT I/• //iL _______ AID P Z~ 5491 01/30/89 0003. 01 05 Misc iq000 RECEIPT NO 98230 TOTAL / ) 0 0 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will stari, upon the date of the completion letter. Applicant Signature: 11 Staff Signature: Date: To be stapled with receipt to application Copy for file -4-Pi9 @-c . HILLSIDE DEVELOPMENT PERMIT CHECK LIST COMMENTS PROJECT NUMBER -HDP S96 10 Slope Analysis (4) ( )2- Slope Profile (4) (9 I ('SiPtan,) Grading Plans, Building Plans, Elevations (4 each) Disclosure Statement 05. Title Report (2 DATE SIGNATURE QiTh'