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HomeMy WebLinkAboutHDP 89-28; GARDALITY RESIDENCE; Hillside Development Permit (HDP).. City. of Carlsbad One Single 2075 Las Palmas Drive Carlsbad, CA 92009 1(619) 438-1161 • Family Home: No Charge All Other Applications Based on Project Site Size: PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM Complete Description of Project (attach additional sheets if necessary) \<J~ ~V -0 f" b Location of Project 7f.Q o r.a ~'A~lI~ Cp.~\LL-A W p.'I LA c..Os''fA Permit/File Numbers Associated with this Project Legal Description (complete) o -1 Acres o -10 Acres 10 -100 Acres 100 Acres 50.00 100.00 200.00 400.00 J-o'Y (P .:;; oe .LA CO§TA ;:SoUTH U ~l T N<9,.1., OJ 'THe c:,LT'f OF e..Af2.LSep.o COUNi'( OF SAt-! ible:G-0 1 :STATe OF C."ALIPOi2/NIA) ACCoI2\::)JNG-To Tlfe nfl..-P TH'eI2.ICOP 10. (PII rILiC.D i TH o~·Fic..e of THe GOUNi''"f l2.ec. OF s.D. c. T .JUNe IC[!R8 Local Facility Management Zone Assessors Parcel Number ;APlN'· "2 i (p -t8D-O'Z Zone General Plan Existing Land Use Proposed Zone Proposed General Plan Site Acreage Owner Applicant Name (Print or Type) Name (Print or Type) "6TfE:..VE C-P-f20 1-11"'t' Mailing Address Mailing Address City and State Zip Telephone City and State Zip Telephone SIGNATURE PROJEC -J !.lIe Form 4-~ INTERIM BINDER FORM A @Dyers l1tle Insurance C9rporation ,~ , LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, hereby agrees that it will issue, as of the date shown in Schedule A, its policy of title insurance in the form and with a liability not exceeding the amount shown in Schedule A insuring title to the estate or interest described to be vested in the vestee named herein subject only to the Exceptions shown in Schedule B and to all of the provisions of the policy; or in the alternative, if a valid and sufficient instrument creating an insurable estate, interest, or lien in favor of the party named or referred to in paragraph 1 of Schedule A is executed, delivereq and recorded within 730 days from the date shown in Schedule A, the policy will be issued as of the date of recording the instrument, insuring the estate, interest or lien subject only to the aforesaid exceptions and provisions of the policy and to liens, encumbrances, and any other matters affecting title which shall have intervened, or occurred, or become for the first time disclosed of record between the date shown in Sched- ule A and the date of recording the instrument, including those matters affecting title which may attach as a result of the recording. This Binder is null and void 730 days from the date shown in Schedule A or when the policy is issued, whichever shall first happen. IN WITNESS WHEREOF, the Company has caused this Binder to be Signed and sealed, to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. @,wyers l1ile Insurance C9rporation Issuing office: President Attest: .Qw 9CJ~1if- Secretary ('( I A Intc;lfll Brndcr!\ I lie I-orm 4·X 061-I-08~-OOOOB ORDER NO.: 127101-05 LIABILITY: $95 J OOO.OO THIS BINDER IS ADDRESSED TO: TYPE OF POLICY TO BE ISSUED: · \ BINDER SCHEDULE A 4It DATED: FEBRUARY 9J 1988 AT 8:00 AM PREMIUM: $635.25 STEVE GARDALITY ClTA STANDARD OWNER'S COVERAGE 1. NAME OF PARTY IN WHOSE FAVOR AN ESTATE J INTEREST OR LIEN IS TO BE CREATED: A PURCHASER FROM THE VESTEE SHOWN IN PARAGRAPH 3 OF THIS SCHEDULE A. 2. THE ESTATE OF INTEREST IN THE LAND DESCRIBED OR REFERRED TO HEREIN IS: A FEE 3. TITLE TO SAID ESTATE OR INTEREST COVERED AT THE DATE HEREOF IS VESTED IN: STEVE GARDALITY J A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY 4. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: LOT 65 OF LA COSTA SOUTH UNIT NO. IJ IN THE CITY OF CARLSBAD J COUNTY OF SAN DIEGO J STATE OF CALIFORNIA J ACCORDING TO THE MAP THEREOF NO. 6117J FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY J JUNE 3J 1968. , ' BINDER SCHEDULE B ORDER NO: 127101-05 IN ADDITION TO THE EXCEPTIONS SHOWN BELOW J IF THE POLICY OF TITLE INSURANCE TO BE ISSUED UNDER THE TERMS OF THIS BINDER, IS THE CALIFORNIA LAND TITLE ASSOCIATION (C.L.T.A.) STANDARD COVERAGE POLICY FORM J THIS BINDER DOES NOT COVER J AND THE POLICY WILL NOT INSURE AGAINST LOSS OR DAMAGE J NOR AGAINST COSTS J ATTORNEYS' FEES OR EXPENSES J ANY OR ALL OF WHICH ARISE BY REASON OF THE MATTERS LISTED UNDER PARAGRAPHS NUMBERED 1 THROUGH 9 ON THE BACK PAGE OF THIS BINDER. EXCEPTIONS: 1. PROPERTY TAXES J INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1987-1988 WHICH ARE A LIEN. SECOND INSTALLMENT: DUE AND PAYABLE 2. THE LIEN OF SUPPLEMENTAL TAXES J IF ANY J ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE J OF THE STATE OF CALIFORNIA. 3. COVENANTS J CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE J COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: JUNE 3J 1968 AS FILE/PAGE NO. 92491 OF OFFICIAL RECORDS SAID COVENANTS J CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. AND RE-RECORDED: JULY 1J 1968 AS FILE/PAGE NO. 110666 OF OFFICIAL RECORDS MODIFICATION(S) OF SAID COVENANTS J CONDITIONS AND RESTRICTIONS RECORDED: MARCH 26 J 1969 AS FILE/PAGE NO. 52717 OF OFFICIAL RECORDS MODIFICATION(S) OF SAID COVENANTS J CONDITIONS AND RESTRICTIONS RECORDED: JANUARY 10J 1972 AS FILE/PAGE NO. 5644 OF OFFI- CIAL RECORDS 4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW J AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $220 J OOO.00 DATED: JANUARY 27J 1989 TRUSTOR: STEVE GARDAILTY J A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: T.D SERVICE J INC.J A CALIFORNIA CORPORATION BENEFICIARY: LA JOLLA SAVINGS BANKJ A CALIFORNIA CORPORATION RECORDED: FEBRUARY 9J 1989 AS FILE/PAGE NO. 89-068949 OF OFFICIAL RECORDS ORDER NO: 127101-05 EXCEPTIONS CONTINUED: BINDER SCHEDULE B , , 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW~ AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $43~000.00 DATED: JANUARY 31~ 1989 TRUSTOR: STEVE GARDALITY~ A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: OLD TOWN TITLE COMPANY~ INC.~ A CALIFORNIA COR- PORATION BENEFICIARY: GROSS AND COMPANY~ INC.~ A CALIFORNIA COR- PORATION~ AND GMM GRANT TRUST~ EACH AS TO AN UNDIVIDED ONE-HALF INTEREST RECORDED: FEBRUARY 9~ 1989 AS FILE/PAGE NO. 89-068950 OF OFFICIAL RECORDS SAID DEED OF TRUST RECITES THAT IT IS SUBORDINATE TO THE DEED OF TRUST RECORDED CONCURRENTLY THEREWITH. \ \ - d z .... -z :::> , . o m I? .13 311 S ~ 9/...1.;, ;,HS ~ ~ 3.'] S I .c-it ~ O"} L h ~ ...... "&:. " f ~ t() \\~ IS \;0 ... 0 ~ ~ ~ I " / " ~ " I / "0 ~ --= ' '-~~ .. oJ ( ~ " "-" ~ \1\' e'i >-f- Z :::> o u . . ..., .. " • NOTICE If the policy of title insurance to be issued under the terms of t,his bind~r is the California Land Title Association (C.LI.A.) Standard Coverage Policy form this binder does not cover, and the policy will not insure against, loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following, in addition to the Exceptions shown in Schedule B herein: 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 pubilc 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. 5. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physicially open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting 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, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or govern- mental regulation, whether or not shown by the public records at Date of Policy. 8. Rights or eminent domain or governmental rights of policy power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at date of policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company pripr to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. The language contained in the Conditions and Stipulations, exclusions from coverage and other provisions of the policy of title insurance and any endorsements thereto to be issued under the terms of this binder may be examined by reference to forms on file in the office of the Department of Insurance, State of California, or by inquiry at the office which issued this Binder. '1\' .. . . -(e H ~ S ~ c-t-~ g,<! e t-; I-' • @ ro t-; S 0tA s t:d ""8 d > I-' • @ ~ -0-c· ~ ~ :::l ~ ro t-; APPLICANT DISCLOSURE FORM I n 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 ~ 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. (, DISCLOSURE FORM APPLICANT: ::STc. \.Ie ~(l. D Al-lr-Y Name ~o; 'Pa.J!t.A~t.f.l-t--v.eRt-ur-e-,-GQ~Q.r:.atiefl,..--s.y-FI4i,Ga-t"ie-Ai- '3,l38 ,/e(2p tE-AVe., G(7f2I/:>1?A ~, C-A csrtOQcy Busaness Address ( Ce (~) er '-f'-f -'288 S- '"'Telephone Number AGENT: -?JtHE ~N~a~m=e~~~----------------------------------------------------- MEMBERS: Business Address Telephone Number --6 TE VE:. 62--A r:\DA-t-l'ty Name (individual, partner, joint venture, corporation, syndication) Business Address -SA IvtE. Telephone Number j...(A Name Business Address Telephone Number 3136 Vt R;DIE. AVE. Home Address Telephone Number Home Address Telephone Number (Attach more sheets if n.ecessary) 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. APPLICANT BY "I 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- 1161 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 pe:oni t 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 (see section 21.95.020 of Carlsbad's Municipal Code) Identify slopes 1. 2. 3. 4. o to less than 15% slope 15% to less than 25% slope 25% to less than 40% slope 40% or greater slopes % 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. /~ 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) (2) (3) (4) (5) (6) (7) (8) Assure hillside alteration will not result in sUbstantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; 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. Assure proper design is utilized in grading, landscaping, and in the development of structures and roadways to preserve the natural appearance of hillsides. Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development 1S pleasing to the eye, rich in variety, highly identifiable, and reflects the City's cultural and environmental values. Assure hillside conditions are properly identified and incorporated into the planning process. Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan . . Prevent erosion and protect the lagoons from excessive siltation. Encourage development grading. creatively requiring a designed minimal hillside amount of (9) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible with the existing topography. -3- '" Appeal (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. 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- ITEM GRADING DRIVEWAY RETAINING WALL COST ESTIMATE FOR GARDALITY RESIDENCE NUEVA CASTILLA WAY QUANTITY 120 C.Y. 280 SQ. FT. 490 SQ. FT. • UNIT COST 9-7S 3-00 1/_ 00 SUBTOTAL 10% CONTINGENCY TOTAL TOTAL . .f 1/7D / B4-0 53QO J 7400 J ITEM GRADING DRIVEWAY RETAINING WALL COST ESTIMATE FOR GARDALITY RESIDENCE NUEVA CASTILLA WAY QUANTITY 120 C.Y. 280 SQ. FT. 490 SQ. FT. UNIT COST 975 0-00 1/_ 00 SUBTOTAL 10% CONTINGENCY TOTAL TOTAL 7400 J 74-0 • HILLSIDE DEVELOPMENT PERMIT CHECK LIST COMMENTS PROJECT NUMBER +J [) P aq -t8 o Slope Analysis (4) (j) Slope Profile (4) rfJ. Site Plan, Grading Plans, Building Plans, Elevations (4 each) e Disclosure Statement o Title Report (3) SIGNA TU RE _~fJvn~w·~~.!--________ _ \ \ -'=- () \ ~ , I I I \ \ ~ -~ t3,RQW OfT, .... --- -----{~~~ ~ = ---~ ----- -\ /~~~; ) -/ '. /" ......... ~ ... ---.... _. ! -1 -\ --==-- R. :: 1200 I f;<16TIH G l'or00eAPHi \ 'p~oro€:>ItpTopOGR,Af"11Y ~ l : Pe.Of/L. e. A FRO F06e I;> ---+------+=~~t_, ----+1-__ -1. HC?~e ~ 4l9,C(). ~..--. XI6f1N' e)-t3'POG ~,Ap-H-Y-i-;J . PRO PO SeD TO F00 R.APW( I" ~ft~ I 'Sf! tn G I-tOLJ?~ .. ' .... j..~~~ ;:'')1' ,b 1 :,Oll,~ I I ! j I I I, I ')- <{ :1 4 ,j J Received cn'{ of CARLSBAD OE'.VE'.\..oP. PROC. S~RV. OW,. I , -I Ii \ !