HomeMy WebLinkAboutHDP 89-09; KORELICH 11; Hillside Development Permit (HDP)City f Carlsbad One Single
2075 Las Palmas Drive Family Home: No Charge
Carlsbad, CA 92009
(619) 438-1161 All Other Applications
Based on Project Site
Size:
PLANNING DEPARTMENT 0 - 1 Acres 50.00
HILLSIDE DEVELOPMENT PERMIT 0 - 10 Acres 100.00
10 - 100 Acres 200.00 APPLICATION FORM 100 Acres 400.00
Complete Description of Project (attach additional sheets if necessary)
Location of Project
'7 I
Permit/File Numbers Associated with thug Project
Legal Description (complete)
rna
1 2 fli/ MI 74
c2F 7 UPtV /&QC ,4J ON
M 1 WIP ' / ///t 4' 41c7176
Local Facility Managem'ent Zi ~ne' Assessors Parcel Number
Zone General Plan Existing Land Use
AJ
Proposed Zone Proposed General Plan Site Acreage
Owner Applicant
Name (Print or Type) Name (Print or Type)
4'Yw
Mailing Address Mailing Address
74'O7M
City and State Zip Telephone City and State Zip TeIephon
qV? 9-q7'2
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.
SIGNATURE DATE SIGNATURE DATE
Date AppIicat)gn--Re'd1'P1'\ Received By I Fees Received Receipt No.
PaOJECr NUMBER (S)
11
HILLSIDE DEVELOPMENT PERMIT
INFORMATION SHEET
GENERAL INFORMATION
This sheet generally explains how your Hillside Development
Permit (HDP) will be processed. If you have any questions after
reading this, please call Development Processing counter at 438-
116]. or review Chapter 21.95 of the Carlsbad's Municipal Code.
When a Hillside Development Permit is needed:
A Hillside Development Permit (HDP) is required when
development is proposed on land with a slope gradient of 15% or
greater and a slope height of greater than 15 feet. Development
means building, grading, subdivision or other modification of a
hillside area.
It is highly recommended that you, as an applicant, 1)
review Chapter 21.95 of the Carlsbad Municipal Code (The Hillside
Ordinance) and 2) discuss the Hillside Development with a City
Planner before submitting an application for a Hillside
Development Permit. The Hillside Development Permit should be
submitted concurrently with any permit or application for
development of a Hillside area.
How your Hillside Development Permit will be Processed
Generally the steps involved in reviewing your HDP application
are as follows:
1. A Hillside Development Permit application is submitted
to the Development Processing counter at 2075 Las
Palmas Drive. The application must be submitted with
and reference any other permit application such as a
building or grading permit, tentative map, etc. All
maps submitted shall be folded to 8-1/2" x 11".
Information items required:
(a) A completed Hillside Development
Permit Application Form
(b) Four copies of the slope analysis V
(see Section 21.95.020 of
Carlsbad's Municipal Code)
Identify slopes 1. 0 to less than 15% slope '-
2. 15% to less than 25% slope
3. 25% to less than 40% slope *
4. 40% or greater slopes
I
% Slope = Vertical Distance x 100
Contour interval)
Horizontal Distance
(Distance between contour intervals)
(c) Four copies of the slope profile(s)
d)Assurance of slope analysis and slope profile
accuracy
(e) Show with a site plan, grading plan
and building plans and elevations
how development fulfills the
following Hillside Development and
Design Standards (21.95.060)
Submit four (4) sets of each plan.
1. Coastal Zone Requirements (if applicable)
2. Contour grading
3. Area or extent of grading
4. screening graded slopes
5. View preservation and enhancement ,/
6. Roadway design / -
7. Hillside architecture
8. Hilltop architecture
9. Hillside drainage
10. Man-made slope height and ~
volume of grading cut or
fill
11. Potential development and
design standard
modification .
(f) A completed "disclosure statement" '- -
(g) Two copies of a preliminary title report.
2. A Development Services counter person generally checks
your application for completeness. if your application
is incomplete, it cannot be accepted. If your
application appears complete, it is accepted.
3. The Hillside Development Permit application is
typically reviewed, processed, and approved concurrent
with the first permit or application you may have with
the City for that hillside area.
4. For approval of a Hillside Development Permit the
following findings must be made:
-2-
. .
(a) That hillside conditions and undevelopable areas
of the project have been properly identified.
(b) That the development is consistent with the
purpose, intent and requirements of the Hillside
Ordinance to:
(1) Assure hillside alteration will not result in
substantial damage or alteration of
significant natural resource areas, wildlife
habitats or native vegetation areas;
(2) Preserve the natural appearance of hillsides
by assuring that development density and
intensity relates to the slope of the land,
and is compatible with hillside preservation.
(3) Assure proper design is utilized in grading,
landscaping, and in the development of
structures and roadways to preserve the
natural appearance of hillsides.
4) Preserve and
aesthetically
assuring that
pleasing to the
identifiable,
cultural and enc
enhance a healthful and
pleasing environment by
hillside development is
eye, rich in variety, highly
and reflects the City's
ironmental values.
(5) Assure hillside conditions are properly
identified and incorporated into the planning
process.
(6) Implement the intent of the land use and open
space/ conservation elements of the Carlsbad
General Plan.
(7) Prevent erosion and protect the lagoons from
excessive siltation.
(8) Encourage creatively designed hillside
development requiring a minimal amount of
grading.
(9) Reduce the intensity of development on
hillside areas to ensure all development that
does occur is compatible with the existing
topography.
. .
(c) That hillside development is consistent with the
Hillside Development and Design Standards
(21.95.60) and substantially conforms to the
intent of the concepts illustrated in the Hillside
Development Guidelines Manual.
(d) That development is consistent with the provisions
of Section 21.53.230 and 240 of the Carlsbad
Municipal Code.
Appeal
If your Hillside Development Permit is denied, you may appeal the
decision of:
1. The Planning Director to the Planning Commission
2. The Planning Commission to the City Council
LBS : af
-4-
. .
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to complete
this disclosure form at the time of submitting their application. When this form
has been completed and signed, the information will be relied upon by them
in determining if a conflict may exist, so please ensure that all of the
information is completed and accurate. If at anytime before a final action on
your application has been rendered, any of the information required by this
disclosure changes, an amendment reflecting this change must be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please state -
the full legal name of the partnership or joint venture, its legal address and
the name and address of each individual person who is a general and/or limited
partner or member of the joint venture.
Should one or more of the parties be a privately held corporation (10
shareholders or less) or a real estate syndication, then please indicate the
state of incorporation or syndication, corporate number, date of incorporation
or syndication, corporate or syndicate address, and the full names and
addresses of each individual shareholder or syndicate member. Should the
corporation be a publicly held corporation, then state the full name and address
of the corporation, the place of its incorporation, number of shareholders,
and the name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
. S
DISCLOSURE FORM
APPLICANT:
dame (individual, partnership joint venture, corporation, syndication)
7ii0 7,-A
Business Address
Telephone Number
AGENT: XJ//af —
Business Address
Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name 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 inthis 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. I I 1
BY At
Agent, Owner, Partner
• t
WESTLAND TITLE COMPANY
4660 La Jolla Village Dr. Suite 100, S.D., California 92122 (619) - 535-2000
(619) - 942-9963
(619) - 489-0552
ISSUED W: ESSEX ESCROW YOUR !O. 3272
988 Escondido Avenue, #B OUR NO. 103502-1
Vista, CPL. DATE: 06/07/88
ArTENTI0N: Pam Murphy AMENDED
UPDATED 7-'t 2MV'
In response to your above referenced application for a Policy of Title
Insurance, Westland Title CcnVany 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 fran the coverage of said Policy
or Policies as 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
CaimLthent should be requested.
DATED AS OF May 27, 1988
At 7:30 A.M.
The form of Policy of Title Insurance contemriplated by this report is:
(X) California Land Title Association Standard Coverage Policy.
American Land Title Association Loan Policy.
( ) Pmer.ican Land Title Association Residential Title Insurance Policy.
American Land Title Association Owner's Policy Form B.
W=- TITLE COMPANY,,
f!//;7 .• Bt,4/t
[XDN STEVENS/WADE S=WELL
TITLE OFFICERS
iIx:I
I S
* ORDER 10.: 103502-1
P±
SCHEWLE A
The Estate or interest In the land hereinafter described or referred to
covered by this report is:
A PEE
Title to said estate or interest at the date hereof is vested in:
KENNETH I. BENSON AND VICTORIA BENSON, as Trustees of the Benson Family Trust
dated December 22, 1980
NOTE: It is our understanding that instruments to came, will, upon recording,
vest title in JOHN IJRELICH
The Land referred to in this report is situated in the State of California,
County of San Diego and is described as follows:
See Attached for Legal Description
(Continued)
LEGA7k DEWUPTION • S
ORDER NO. 103502-1
Parcel 2 of Parcel Map No. 12993, filed in the Office of the County Recorder of
San Diego County on November 10, 1983, as File No. 83-408715.
Together with the Easterly Half of Longview Drive, as shown on said Map. Lying
Southerly and Northerly of the Westerly prolongations of the Northerly and
Southerly lines, respectively, of said Parcel.
Excepting therefran all oil, gas and other hydrocarbons lying 500 feet below the
surface of the land described above, but without the right of entry to ririve
same, as granted to Kamar Construction Ccinpany, Inc., a California Corporation
on March 11, 1970 as File/Page No. 43514 of Official Records.
Or'CE RD.: 1035Q2
. .
.pd
At the date hereof Exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. General and Special taxes for the fiscal year 1988-89, a lien, not yet
payable.
2. The lien or 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.
PE: All Supplemental Taxes which may have been or will be assessed
pursuant to the above are the sole responsibility of the Vestee(s) herein
and this ccwpany assumes no liability regarding the same UNLESS specifically
instructed to th so.
3. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument recorded
July 19, 1971 as File No. 155466 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made for value.
An easement for the maintenance of slopes and drainage ways as set forth in
the instrument above mentioned.
4. The Parcel Map referred to in the legal description herein contains various
restrictions on improving or developing the property herein described.
Reference is made to said Parcel Map for further particulars.
5. An Agreement regarding the payment of a public facilities fee, dated May 4,
1983, executed by and between developer-owner and THE CITY OF CPRLSBAD, upon
the taring, covenants, and conditions contained therein, recorded November
29, 1983 as File No. 83-431209 of Official Records.
6. The terms, powers, provisions and limitations of the trust under which such
title is held.
7. Any invalidity or defect in the title of the vestees in the event such trust
is invalid or fails to confer sufficient powers in the trustees, cr in the
event there is a lack of cciupliance with the terms and provisions of the
tnit instrLnr)ent.
8. NOTE: This coiipany will require a copy of Benson Family trust, and all
amendments thereto, together with a written ver!ficatioi by the Trustors or
by Councel that the Trust, as it may have been amended, is in full force and
effect and has not been revoked or terminated.
(Continued)
SGEJLE El CO1'TrIflUE]J
ORDER No. 103502-1
pd
TAX INORMATI4 1987-88:
Code area: 09013
Parcel 'b: 167-280-44
Land: $ 19,631.00
Improvements: .00
Exemptions: $ .00
1st Installment: $ 132.65 PAID
2nd Installment: $ 132.65 PAID
POOR
QUALITY
ORIGINAL (5)
PARCEL MAP NO. 12993
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0ECLARAT1O?If_.ESTRICTI04S
This peclaration of Restrictions made this _4dsy of
ii/ b7 PACIFIC VISTA ESTATES A
Corportionf
WIIE1tEAS, PACIFIC VISTA ESTATES. XC. • herein rnferred to is
"Owner" is the c'ner oi that certain rest propei.'-y In the (:y of '--
Carlsbad, County of San Diego, State of Cslifornia, described as -
follows, to-wit:
Lots I to 41 inclusive of EL C#'141N0 MESA UNIT 6, -
inthe City of Carlsbad, County of San Diego,
State of California, according to Map thereo. h. 1 3 filed in the qffiee of the County Recorder oUSan
Uto County ' _.JJIL'L_'S 1t2I
WhEREAS, the said "Ownet" is about to sell dispose of or
convey the rest property described above which It desires to subject .- -
to certain protective conditions and restrictions:
NOW, ThEREFORE, this Declaration of Restrict Ions, - -
WITNESSETII: -.
That the said "Owner" does hereby certify and declare that it
has established and does hereby establish the general pinn for the T..
protection of all of said real, property, and has fixed and does
hereby fix the conditions and restrictions upon which protective -
• and subject to which all of said teal property shall be held, leased,
sold and/or conveyed by said "Owner" which conditions and restrictions
are for the benefit of all said real property, and ehall inure to and
pass with all of said real property and each and every part thereof
shall apply to and bind the respective successors in interest of the
p'-e- 'nt Owner thereof, as follows, to-wit:
• I, That said real, property shall be ,'ed only for single
private residential and/or agricultural purposes and that no building,
other than one single, private first class dwelling (with customary
outbuildings, including garage) shall ever be erected, placed or -'-
rermitted on any lot. -
2. That no residence shalt be rected, constructed, placed or '- -•
permitted on any lot or portion th'reof which shall contain Less
than 1600 square feet ground floo area in the case of a one-story
dwelling nor which shalt contain less than 800 square feet of ground
floor area on the first floor and not less than a total of 1400
iqusre feet In the case of a two-ator7 dwelting. In neither case
shall the area F an included garage e used to mike up the rirtienim - -
floor area.
r'
,-
-'---: -
- --- -
I.
aration of Restrictions El Camino Hess Unit Ho. 6 /
Age -2-
3. No noxious or offensive activity shall be carried on upon any
tot, nor shall anything be done thereon which may he or may become an
annoyance or nuisance to the neighborhood.
4. That all buildings erected, placed or permitted upon any lot
or any portion thereof shall be 01 new material only, and if of frame
construction, shall be punted, varnished or stained with at least
two Coats upon completion.
5. That no lot or portion thereof shalt be used for poultry or
stock raising, feeding or breeding.
6. no garage or carport shall he converted to or be used for
living luarter! unl' further areas b! pro"idtd Ioi gas age Cr carp'-rts.
7. No house trailer, boat trailer reaper shell or utility trailer
shall be permitted to park in ary fro.at setback area of any Lot for a
period of more than 48 hours.
8. That each of the 'Owners" of a lot in said tract will permit
free access by owners of adjacent or adjoining lot! to slopes or
d rains gewe ys located on ht' property which affect -aid adjacanc or
adjoining lots, when such .access is e'antial for the matnterance of
permanent stabtlization on said Slopes, or maintenance of the drainage
fa,iltties fos the protection and use of property other than the lot
on which the slope or drainageway is lorstel.
That each "Owner" of a lot in said tract will not in any way interfere
with the established drainage pattern over his lot from adjoining or
other lots in said tract, or that he will mal'e adeouste provisions for
proper drainage in the event it is necessary to ci nge the established
drainage over his lot. For the purpose hereof, "established" drainage
is defined as the drainage which occurred a' the time the overall
grading of said tract, tncuding the landscaping of each lot in said
tract, was completed by the undersi8n,d grantor. That each owner of
* lot in said Tract shall have complete and sole responsibility for the
maintenance of those5pecific drainage appurtenances located over, off
and, or under the confines of his property, other than those appurten-
ances located within specific drainage easement recorded to the City of
Carlsbad,
9. That any building erected on any of said lo which has been
completed shall be deemed to comply with each and all of the restrictions
contained herein, and no action shall he brought ra enforce said restrict-
ions by reason of any violation occurring in the erection of said build-
ing aftCt tb" same has been completed, anything contained herein to
the contrary notwithstanding.
10. That the foregoing conditions, resr.ictictis and covenants
shall continue In full force and effect unI 1-1-2000 at whi,.h time
they will expire in their entirt1. If t- owners of a majority of the
said lots or parcels desire to continue ,aid restrictions, they may
elet, to do so for periods of ten years by the execution and recording
I'
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L. —J
TIIII1
• If
• a.,,
* :•
if
ratirn of Restriction. El Camino Mesa Unit No. 6
-3-
of an instrument containing an agreement either amending or continuing
said restrictione, they may elect to do so for periods of ten years by
the execution and recording of an instrument containing an agreement
either sasending or continuing said restrictions. Said agreement shalt
be recorded within six months of the expiration date above nentioned
or within six months of the expiration of any subsequent ten-year per-
iod. All extensions or limitations or amendments of said restrictions
referred to above shill become effective on the expiration date of the
restrictions in force at the time of such extensions, ljmit.'tiong, or
anenent a.
17, Invalidation of any one o these covenants by judgment or
court order shall in no wise affect any of the other provisions which
remaining provisions shalt continue in full force And effect.
12. If the parties hereto, or any of them, or their heirs, or
assigns, shall violata or attempt to violate any of these covenants
herein it shall be iaefut for any other person owning any real prop-
erty sltuated in said development or subdivision to prosecute any
proceedings at law or in equity against the person or percna violat-
ing or ettvsapting to violate any such covenant-; and either to prevent
him or them frois so doing or to recover damages or other dues for such
violation.
13. A breach of the covenants, restrictions or conditions shall
not render invalid the lien or charge of any mortgage or deed of trust
to good faith and for value on said Iota or property or any protton
thereof, but said covenant., restrictions, and conditions shall be
binding upon and effective against any o'.ler of said land whose title
is acquired by the foreclosure of any lien or mortgage thereon or sale
ner a deed of trust given to secure the peyment of money.
14. The covenants and restrictions hereby adopted and established
do not and shall not be -onatrued (nor shall a hr,ac,h or violation
thereof be so construed) as to create, vest or reserve to the above
named owner or his assigns, any revers!ooary rights, title or interest
in or to the above described land or any part thereof.
IN UrNESS WHEREOF, we have hereunto set our hands the day and
year first hereinabove written.
PACIFIC VISTA ESTATES,, C
- i3•l- _____
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J3U9 9M AW71 BY :/j47/J;L
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• .me*- ','---
aration of Restrictions El Camino Mesa Unit No. 6
STATE OF CALIFORNIA)
) 55
COUNT OF SAN DIEGO
On JuLy 13,8 1271 ofOrs me, the unaersined,
a Notary Public in and for siad County and State, personally appeared
Jerry L. Ronbotis, known to m to be the President and Robert L.
Rombotis, known to me to be the Secretary of the corporation that
executed the within Instrument, known to me to be the persons who
executed the within Instrument on behalf of the corporation therein
named, and acknowledged to we that such corporation executed the
within Instrument pursuant to it By-Laws or a resolution of its
Board of Directors.
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WITNESS my hand and oCficial seal.
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r In an r sa'd County
and State
My Commission Expires ept. 29,191
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