HomeMy WebLinkAboutHDP 90-23; JORDAN RESIDENCE; Hillside Development Permit (HDP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Deft. (For Deft. Use On y) Use On y)
0 Master Plan ............... 0 General Plan Amendment ......
0 Specific Plan ............. D. Si te Development Pl an .......
0 Precise Development Plan ... 0 Zone Change .................
o Tentative Tract Map ........ o Conditional Use Permit ......
0 Planned Development Permit ~ Hillside Development Permit. tJ'o---?3
0 Non-Residential Planned 0 Environmental Impact Development Permit •....... Assessment .•..............
0 Condominium Permit ......... 0 Variance ....................
0 • 0 Special Use Permit ......... Planned Industrial Permit ...
0 Redevelopment Permit ....... 0 Coastal Development Permit ..
[] Tentative Parcel Map .....•. D Planning Commission Deter ...
o Administrative Variance ....
2) LOCATION OF PROJECT: ON THE 1·~Ah\l6tSIDE OF I /V1 c/L(' WI [; I Cuurj-I
oFF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
-~N I EL Fue r-te s fn:c.+ beJwee..n 1 tiil ItJcunCL~t MId 4l-f-iVLt. P/ttce. 1
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I Lot 71 e+ C'~\Ilsba.cL Tvt'l. L + tVa I /5-4 f OJ
11\A(lP tJo, [5302. 1 j'h +he Crty (S-f CCLlI"" Is b({d
4) ASSESSOR PARCEL NO(S).I Z IS -4 q I --D4 1
5) LOCAL FACILITIESW 6) EXISTING GENERAL! fZL 1 7~ PROPOSED GENERAL I Ivl A 1 MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION
8) EXISTING ZONING! PC 19) PROPOSED ZONING! ~(4 110) GROSS SITE! 1,3/ ae.! ACREAGE
11) PROPOSED NUMBER OFI I 112) PROPOSED NUMBERI N/A /13 ) TYPE OF ! tJ! f) I RESIDENTIAL UNITS OF LOTS SUBDIVISION
14) NUMBER OF EXISTING RESIDEN~IAL UNITSI 0 I (RESIDENTIAL COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL ! N JA I 166 PROPOSED COMMERCIAL I NIA J OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE I
~rrO ARFHOO08.DH 4/89
I
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I 97 ~ I
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I I
20) PROJECT NAME: I JorcACUV\ I2J~.s\de¥\(.e. 0y-o.cl(V\.~ p /cvV1
PAGE 2 OF 2
19) PROPOSED INCREASE IN AVERAGE DAILY
TRAFFIC I ;0
21)BRIEF DESCRIPTION OF PROJECT: I S ,,\~e JCMv1ilU\ t-e-si d e..v1'i-t'J (Qra.~ jJla.%)
-J J
1-22 ) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) Bruce.. M. t-CClro/ H. JordaJ1 NAME (PRINT OR TYPE)
MAl LING ADDRESS MAILING ADDRESS
£/h DAFFDDIL PLA~ E
ZIP TELEPHONE CIT~fND STATE ZIP TELEPHONE CITY AND STATE
(!Afi.l38AD {lJl. qW(jJ 4?JB,
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNA RE DATE THE BEST OF MY KNOWLEDGE. SIGNA URE DATE
, b -( -, () ~4M{ k8 tJttJJJaz)
**************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED
TOTAL FEE REQUIREDL....I _____ ---'
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
DATE FEE PAID I L.... ____ ----I RECEIPT NO. L....I ___ --I
ARFM0008.DH 4/89\~
CITY OF CARLSBAD , LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. , Use Only)
D Ma~ter Plan .............. . o Specific Plan ............ .
D Prec i se Development Pl an .. .
o Tentative Tract Map ....... .
D
D
D
D
o Pl anned Development P~rmi t
D Non-Residential Planned
~
D
Development Permit ....... .
D Condominium Permit ........ . D
D Special Use Permit ........ . D
, D Redevelopment Permi t ...... . D
[] Tentative Parcel Map ...... . D
D Administtative Variance ... .
(For Dept. Use Only)
Gen~ral Plan Amendment ...... __ _
Site Development Plan ....... __ _
Zone Change ................. __ _
Conditional Use Permit ...... __ _
Hillside Development Permit. 41G1-~:?
Environmental Impact Assessment ................ __ _
Variance .................... __ _
Pl anned Industri a'l Permi t ... __ _
Coastal Development Permit .. __ _
Planning Commission Deter ... L...-__ --I
, , , E!lO .
2) LOCATION OF PROJECT: ON THE ! J/p£7JI' ~ OF! /I14,f/i1rJL ~Cllfr
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN ! (!tJltTf. '[)~ 1/1 fU I AND I d~tYj!1 e.r.
(NAME OF STRE6T) (NAME OF STREET)
3) BRIEF LEGAL DE'SCRIPTION: '1 tJf ~t$,4iJ ~a-;U 17"-4
) EXISTING GENERAL 7) PROPOSED GENERAL /->1-/
"""""---'--1-N DESIGNATION ~----,iI , PLAN DESIGNATION
~~'::"'--l, ) PROPOSED ZONING -X-10) GROSS SITE!I.:s"/i4,.
'----~_---' ACREAGE' -
11) PROPOSED NUMBER 12 PROPOSED NUMBER/ ---~;-+13) TYPE OF! ~----.~-;;;J~ RESIDENTIAL UNITS OF LOTS " -SUBDIVISION I..---!;...:.._--I , , ' (RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS/ --C) ~ COMMERCIAL , " INOUSTIRAL)
15) PROPOSED INDU"STRIAL r-X -? 16) PROPOSED COMMERcr"AL -I-;K'" -I OFFICE/SQUARE FOOTAGE ---::r SQUARE FOOTAGE
ARfMOOOS.DH 4/89 ~
,. • CITY OF CARLSBAD • LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) 'PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I ,,_ ~1? I TRAFFIC lit?
\
20) PROJECT NAME: I ~ ~~~~~~~~~~~~~~~~~/~~~~~~~~~~~~~~~~~~
2i)BRIEF DESCRIPTION'-OF PROJECT: 1 S/AI ""z. ,F4/J1/ty !,<eSI.!J€A/C~ ,
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) V;e(/~ JtJr<-{);(/li NAME (PRINT OR TYPE)
CITY AND STAT~/? C!A~,fAv
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST'OF MY KNOWlEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. ;/7 J~ Af SIGNATURE DATE 1~4 ~ ~-'--9d ~.~."
************ ************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE
11])P
-
FEE REQUIRED
/{?O~
TOTAL FEE REQUIRED I 100°.J2--
JUN 8 1990
CITY OB CARLSBAD
Oi.\la:op" pROC, SSff-D~
RECEIVED BY:
DATE FEE PAID I 6~C6--f 0 I RECEIPT No·11tf'7t?l7 I,
, I
;.
.. tl CITY OF CARLSBAD •
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 ! . '\.
17) "PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I ....-)(-19) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I I-tJtJ I TRAFFICIIt?
20) PROJECT NAME: I v' tJl?p~(l/ ,Jec...S/OE/l/C£:'
2i)BRIEF DESCRIPTION"-OF PROJECT: I S'lN~L.t. f;1tf//t,y,telSILJEN'Cf:.", ,
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) p;«(/~ J~;eD,1/11 NAME (PRINT OR TYPE)
CITY AND STAT~/1 CA~6'A?/
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST'OF MY KNOWtEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. /7 J. .4 SIGNATURE DATE , 1~4 ~ C.-'--9d ~.~.~
************ ************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE
il])?
-
FEE REQUIRED
/Dc:? _920-
TOTAL FEE REQUIRED I 100 O..Q..-
JUN 8 1990
CITY 08 CARLSBAD.
osva:O?" PROC. SERVo Di~
RECEIVED BY:
DATE FEE PAIDL6.-G~?O , RECEIPT NO·1 t:JJ"7.2 7 .,
~ e-; . .1 CITY OF CARLSBAD l ~
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
{For De~t. (For De)t. Use On y) Use On y)
0 Master Plan ............... 0 Gen~ral Plan Amendment ......
o Specifi c Pl a~ ............. 0 Site Development Plan .......
o Precise Development Plan ... o Zone Change ',' ................
[J Tentative Tract Map ........ o Conditional Use Permit ......
0 Planned Development Permit ~ Hillside Development Permit. ~O~2--:S
[J Non -Res i dent i a 1 Pl anned [J Environmental Impact Development Permit .... ~ ... Assessment ................
0 Condominium Permit ......... 0 Variance .. : .................
0 Special Use Permit ......... 0 Planned Industrial Permit ...
0 Redevelopment Permit ....... 0 Coastal Development Permit ..
o Tentative Parcel Map ....... 0 Planning Commission Deter ... "
[J Administrative Variance .... ~ .
. . . EIIO
2) LOCATION OF PROJECT: ON THE I ;t//£71I ~ OFI /I1;1~/J1tJZ &CltPr I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
f
! C!l:JI<Tt 'DE t/Ifrd I AND !4~t/411. I BETWEEN e.T
(NAME OF STRE6T) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:" £iJ7 79 tJF t:1R'ts~ ~cr;U 77"-4-
1£1 ~5r/l fJrHfs /l/aRt;! /l!4~ r~2 F tt£C) 1J11Y7; let 7(f/ .
/ I
4) ASSESSOR PARCEL N?(S). 1 2/~-~91-()~ ~
1
5) LOCAL FACILITIESD MANAGEMENT ZONE 6) EXISTING GENERALI PLAN DESIGNATION I 7 ~ PROPOSED GENERAL I-x-I LAN DES IGNATION
8) EXISTING ZONINGI 19} PROPOSED ZONINGI --X-llO) GROSS SITEI/.1'/{«t,. _ ACREAGE
11) PROPOSED NUMBER OF!-.X:-i12) PROPOSED NUMBER! RESIDENTIAL UNITS OF LOTS -K'~13) TYPE OF !-~.....-ot SUBDIVISION
.14) NUMBER ~F'EXISTING RESIDENTIAL UNITS! I (RES IDENTIAL
-0--COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDU'STRIAL Ex:1 166 PROPOSED COMMERCI'AL -I-~ -1 OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE
--
ARfMOOOS.DH 4/89
1
of rlsbad
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAnONS
WHICH WILL REQUIRE DISCRETlONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED
BOARD, COMMISSION OR COMMl1TEE.
(Please Print)
The following information must be disclosed:
1 . Applicant
Ust the names and addresses of all persons having a financial interest in the application. 8~ttCe Wllo.,1V
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
8ftJ(1f M, \/(JR/\4/.../
CAeOL Of/ 0CIZD4JJ
3. It any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ant
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi~
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an,
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
(Over)
•
Disclosure Statement Page 2
Have you had more than $250 worth of business transacted with any member of City staH, Beare;.
Ccmmjs~ns, Committees and Council within the past !Wal~e/m.Qnths?
Yes _v_ ~ N'o _ If yes, please indicate person(s)--lHPf!fc...;.:;rw~-e:,=¥J~~::::!::;;:::;::'~4~~~~~~~ __ _
Person is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, 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.)
I ..
iinature of~e Signature of applicant/date
Bt€uc..€ fo. -S-(p~D4tV
Print or type name of owner Print or type name of applicant
COII[NENTAL LAND TITLE COM PAN.
,.,-A SUBSIDIARY OF '
LAWYERS TITL~ INSURANCE CORPORATION
4542 RUFFNER STREET
SAN DIEGO, CALIFORNIA 92111
(619) 278-4171
hi#. ~ dJR-ttt:.f /" Ud.O( 'JOa.{}V1 /!-ti ~/ iJ~/t 0'
~,( Ct, I &~ /,jA'~ ,
SPRING MOUNTAIN ESCROW
2725 JEFFERSON #2B
CARLSBAD, CALIFORNIA
ATTENTION: P DGE ~ '~-
DATED AS OF M~Y 16, 1989 ~T 7:30 A.M.
, I
YOUR No. 10072-PM/JORDAN
OUR No. 139190-04
", /
IN RESPONSE'~O THE ABOVE REFERENCED APPLICATION FOR A POLICY OF '-. ,. TITLE INSURANCE'--~
CONTINENTAL 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 IN SCHEDULE B 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 THE ATTACHED LIST. 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.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE
,. ···"·.··.t.~·
4. AMERICAN LAND TITLE ASSOCI~ OWNERif POLICY FORM "Ii
~tl:...~Gab~
ANITA WALACH, TITLE OFFICER
[xl
[xl
POLICY []
[]
SCHEDULE A ~RDER NO. 139190-04
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
KEAN S. GANAN AND JANICE M. GANAN, HUSBAND AND WIFE, AS COMMUNITY PROPERTY
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
SEE LEGAL DESCRIPTION ATTACHED
•
1
~EDULE A PAGE NO. 2
LEGAL'DESCRIPTION
ORet NO. 139190-04
LOT 79 OF CARLSBAD TRACT NO. 75-4, LA COSTA ESTATES NORTH, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI~ ACCORDING TO THE MAP
THEREOF NO. 8302 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, ON MAY 5, 1976.
EXCEPTING THEREFROM 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS
CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP
12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT
RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE
RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO
A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY
THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED
JUNE 30, 1971 AS ,FILE/PAGE NO. 141047 OF OFFICIAL RECORDS.
ALSO EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, FOR A PERIOD OF
20 YEARS FROM DATE OF RECCOMMENDATION TO BE CONTINUED IF OIL OR MINERALS
SHALL BE DEVELOPED WITHIN FIVE MILES OF THE PROPERTY, OTHERWISE TO REVERT
TO THE LAND.
RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE
MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST
100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND
4, WEST HALF OF THE SOUTHWEST QUARTER, SECTION 30, TOWNSHIP 12 SOUTH, RANGE
3 WEST AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY AS RESERVED BY GERMAIN M. GROEF, HORACE L. GROEF AND
ROBERT W. GRO~F IN DEED RECORDED JUNE 27, 1960 AS FILE/PAGE NO. 129955 OF
OFFICIAL RECORDS.
SCHEDULE B
ORDER NO. 139190-04
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED, ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS:
1.
2.
3.
4.
PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED W~TH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 1989 -1990 WHICH ARE A LIEN NOT YET
PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT T6 THE PRO-
VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE, OF THE STATE OF CALIFORNIA.
AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO
AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN
BELOW.
MAP OF TRACT:
RECORDED:
PURPOSE:
AFFECTS:
8302
MAY 5, 1976
SEWER PURPOSES
AS SHOWN ON SAID MAP
AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
PURPOSE:
•
RECORDED:
AFFECTS:
FOR THE CONSTRUCTION, OPERATION, MAIN-
TENANCE, REPAIR AND REPLACEMENT OF A SEWER
PIPE LINE OR PIPE LINES, MANHOLES, LATERALS
AND APPURTENANCES AND THE RIGHT OF INGRESS
AND EGRESS FOR SUCH PURPOSES
MAY 12, 1976 AS FILE/PAGE NO. 76-143526 OF
OFFICIAL RECORDS
THAT PORTION OF LOT 79 SHOWN AS "SEWER EASE-
MENT GRANTED HEREON" ON CARLSBAD TRACT NO. 75-4, ACCORDING TO THE MAP THEREOF NO. 8302,
FILED MAY 5, 1976
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS~SUCCESSORS
AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY·BUILDING OR STRUCTURE ON
SAID EASEMENT.·II
LIMITATIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT
AREA AS SET OUT IN THE EASEMENT DOCUMENT HEREINABOVE SHOWN.
5. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY
RESTRICTIONS BASED ON RACE, COLOR OR CREED) SET FORTH IN THE DOCUMENT
SHOWN BELOW, WHICH AMONG OTHER THINGS CONTAINS OR PROVIDES FOR CER-
TAIN ASSESSMENTS, LIENS, EASEMENTS AND MAINTENANCE OF SLOPES AND
DRAINAGEWAYS. A PROVISION THAT ANY VIOLATION THEREOF .. SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF TRUST MADE
IN GOOD FAITH AND FOR VALUE.
RECORDED: MAY 19, 1976 AS FILE/PAGE NO. 76-152036 OF OFFI-
CIAL RECORDS'
~EDULE B PAGE NO. 2 ~ER NO. 139190-04
6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY: .
AMOUNT: $55,200.00
DATED: APRIL 12, 1977
TRUSTOR: JAMES S. CORFMAN AND CAROLE G. CORFMAN, HUSBAND
AND WIFE AS JOINT TENANTS
TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA
CORPORATION
BENEFICIARY: LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION
RECORDED: MAY 27, 1977 AS FILE/PAGE NO. 77-205618 OF OFFI-
CIAL RECORDS
AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST
WHICH NAMES
AS ASSIGNEE:
RECORDED:
ALLARD ROEN, IRWIN A. MOLASKY AND MERV ADELSON AS
TRUSTEE OF EL CAMINO PROPERTIES TRUST DATED JUNE
16, 1986
JULY 1, 1986 AS FILE/PAGE NO. 86-271803 OF OFFI-
CIAL RECORDS
AND BY OTHER ASSIGNMENTS OF RECORD •
AND RE-RECORDED: . AUGUST 11, 1986 AS FILE/PAGE NO. 86-341966 OF
OFFICIAL RECORDS
7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT:. $16,000.00
DATED: JUNE 11, 1979
TRUSTOR: KEAN S. GANAN AND JANICE GANAN
TRUSTEE: KAUFMAN & WARING, A PARTNERSHIP OF PROFESSIONAL
CORPORATION
BENEFICIARY: KEAN S. GANAN AND JANICE GANAN AS CO-TRUSTEES OF
THE DR. KEAN S. GANAN, INC. COMBINATION RETIRE-
MENT TRUST
RECORDED: DECEMBER 19, 1979 AS FILE/PAGE NO. 79-530379 OF
OFFICIAL RECORDS ~
TO AVOID DELAYS AT THE TIME OF CLOSING, PLEASE SUBMIT THE ORIGINAL
NOTE, DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECON-
VEYANCE, TO THIS OFFICE, AT LEAST ONE WEEK PRIOR TO THE CLOSE OF
ESCROW.
IF ANY OF THESE DOCUMENTS HAVE BEEN LOST OR STOLEN, OR IF ANY OF THE
PARTIES NEEDED FOR SIGNATURE ARE NOT AVAILABLE FOR SIGNATURE, CONTACT
THIS OFFICE IMMEDIATELY.
8. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT
THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS
INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN
,THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS
OF THE TRUST INSTRUMENT.
~HEDULE B PAGE NO. 3 ~DER NO. 139190-04
9. IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR
ACT IS TO BE INSURED), THIS COMPANY WILL R~QUIRE A COpy OF THE TRUST
INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER
WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COpy IS
A TRUE AND CORRECT COpy OF THE TRUST, AS IT MAY HAVE BEEN AMENDED,
THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED
OR TERMINATED.
10. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED
BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCU-
MENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT
SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY
AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON.
PARTIES: JORDAN
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE
SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH
INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A \
COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMI-
NATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED
THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT
STRICTLY CONFIDENTIAL TO THIS FILE.)
11. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF
SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE
PARTIES IN POSSESSION THEREOF •
• AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON ITS COMPLETION WE
WILL ADVISE YOU OF OUR FINDINGS.
NOTE No.1:
IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE:
BRUCE M. JORDAN AND CAROL H. JORDAN
PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE
ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE.
NOTE No.2:
THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6)
MONTHS OF THE DATE OF THIS REPORT.
~EDULE B PAGE NO. 4 ~ER NO. 139190-04
NOTE No.3:
NOTE
PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES
AND THE AMOUNTS ARE:
FISCAL YEAR 1988 1989
1ST INSTALLMENT: $736.92 PAID
PENALTY: $NONE
2ND INSTALLMENT: $736.92 PAID
PENALTY: $NONE
EXEMPTION: $NONE
LAND: $136,317.00
IMPROVEMENTS: $NONE
PERSONAL PROPERTY: $NONE
CODE AREA: 09052 -" --~
ASSESSOR'S NO: C15-491~
No.4:
THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS
TITLE ORDER, WILL BE BASED ON THE SHORT-TERM RATE •
•
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T-11 (Rev, 6/88)
Continental Land Title Company
Subsidiary of
kwyers TIde Insurance @poration
All of us at Continental Land Title Company sincerely
appreciate the privilege of having served you in this
transaction.
YOUR policy of title insurance is an important record. It
provides you with valuable protection of your interest in
real property.
Please specify Conti'nental Land Title Company for your
future title insurance needs. We believe that the unique
feature which distinguishes our service organization from
an'other, particularly in our field, is the skill and experience
of our personnel. Our people pride themselves in offering
you the finest, most up to date service and personal
assistance available in the title industry.
Specifying Continental Land Title Company may also
provide up to a 20% discount on your next title insurance
policy.
Sincerely,
L. A. Balocca
President
Policy 75
California Land Title Association
Standard Coverage Policy Form
1973
Amended 1216/85
and 2120/88
kwyers lltle Insurance C9rporotion
SUBJECT 10 SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE
CORPORATION, a Virginia corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. ~y lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,
abuts upon one or more such streets or highways;
and in addition, as to an insured lender only;
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof,
arises out of the transaction evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of
its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B.
IN WITNESS WHEREOF, the Company has caused this Policy 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.
Continental land TItle Company
~542 RUffner St.
San DIego, California 92111
Countersigned:
a~
061.().()7S-OOOOL
kwyers litle Insurance C9rporation
07Me~
Attest:
() President
1<.W. 0&JA.!!r-
Secretary
Policy No. 75-00-: 42834 7
11/87
e.
: " ..
'. '.
Exceptions
Schedule B Part I
This Policy. does not insure. against loss or damage, nor costs, attorneys' fees or expenses, any ~r all. of which arise by reason
of the following: '. . '. '. Co •• • ••
1. Taxes or assessment~ 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 pu blic 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 i;nquiry of persons in possession thereof.
3. Ease~ents', Hens 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.
6. Any right, title, interest, estate or easement in land beyond the lines ofthe area specifically described or referred to in Schedule C,
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 owrier for access tp a physically 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 governmental regulation, whether or not shown by the public
records at Date of Policy.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the pu blic
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 prior 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.
Conditions and Stipulations
1. Definition of Terms
The following terms when used in this policy mean:
(a.) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company may have had against t he named insured,
those who succeed to the interest of such insured by operation of law as
distmguished from purchase i~cluding, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate
fiduciary successors. The term "insured" also includes (i) the owner of the
inde btedness secured by the insured mortgage and each successor in
ownership of such indeqtedness (reserving, however, all rights and defenses
as to any such successor who acquiTes the indebtedness by operation of
law as described in the first sentence of this subparagraph (a) that the
Company would have had against the successor's transferor):and further
includes (ii) any governmental agency or instrumentality which is an
insurer or guarantor under an insurance contract or guaranty insuring or
guaranteeing said indebtedness, or any part t~ereof, whether named as an
insured herein or not, and (iii) the parties designated in paragraph 2 (a) of
these Conditions and Stipulations.
(b.) "insured claimant": an insured claiming loss or damage hereunder.
(c.) "insured lender": the owner of an insured mortgage.
(d.) "insured mortgage": a mortgage shown in Schedule B. the owner of
which is named as an insured in Schedule A.
(e.) "knowledge": actual knowledge, not constructive knowledge or notice
which may be imputed to an insured by reason of any public records.
(f.) "land": the land described specifically or by reference in Schedule C,
and improvements affixed thereto which by law constitute real property;
provided, however, the term "land" does not include any area excluded by
Paragraph No.6 of Part I of Schedule B of this Policy.
(g.) "mortgage": mortgage, deed of trust, trust deed, or other security
.instrument.
(h.) "public records": those records which by law impart constructive
notice of matters relating to the land.
(CONDITIONS 'AND STIPULATIONS Continued on the inside of the Last Page of This Policy)
CLTA STANDARD COVERAGE 1IJ3, e,
SCHEDULE A
DATE OF POLICY: JUNE 22, 1989 AT 11:50 A.M.
AMOUNT OF
INSURANCE
PREMIUM:
POLICY No.
ORDER No.
$406,000.00
$1,152.00
75-00-428-347
139190-04
1. NAME OF INSURED:
BRUCE M. JORDAN AND CAROL H. JORDAN
2. THE ESTATE OR 'INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY
VESTED IN:
BRUCE M. JORDAN AND CAROL H. JORDAN, HUSBAND AND WIFE, AS COMMUNITY
PROPERTY
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH
IS COVERED BY THIS POLICY IS:
A FEE
CL TA ,STANDARD COVERAGE .73
ORDER NO. 139190-04
POLICY NO. 75-00-428-347
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS,
-ATTORNEYS' FEES OR EXPENSES, ANY OR ALL OF WHICH ARISE BY REASON OF THE
FOLLOWING:
PART I
ALL MATTERS SET FORTH IN PARAGRAPHS 1 TO 9 INCLUSIVE UNDER PART I ON THAT
CERTAIN PAGE ENTITLED SCHEDULE B INSERTED IMMEDIATELY PRECEDING SCHEDULE A
OF THIS POLICY.
PART II
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 1989 -1990 WHICH ARE A LIEN NOT YET
PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE, OF THE STATE OF CALIFORNIA.
3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO
AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN
BELOW.
MAP OF TRACT: 8302
RECORDED: MAY 5, 1976
PURPOSE: SEWER PURPOSES
AFFECTS: AS SHOWN ON SAID MAP
4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
PURPOSE: FOR THE CONSTRUCTION, OPERATION, MAIN-
TENANCE, REPAIR AND REPLACEMENT OF A SEWER
PIPE LINE OR PIPE LINES, MANHOLES, LATERALS
AND APPURTENANCES AND THE RIGHT OF INGRESS
AND EGRESS FOR SUCH PURPOSES
RECORDED: MAY 12, 1976 AS FILE/PAGE NO. 76-143526 OF
OFFICIAL RECORDS
AFFECTS: THAT PORTION OF LOT 79 SHOWN AS "SEWER EASE-
MENT GRANTED HEREON" ON CARLSBAD TRACT NO.
75-4, ACCORDING TO THE MAP THEREOF NO. 8302,
FILED MAY 5, 1976
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, NOT· TO PLACE .OR MAINTAIN ANY BUILDING OR STRUCTURE ON
SAID EASEMENT."
LIMITATIONS 'ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT
AREA AS SET OUT IN THE EASEMENT DOCUMENT HEREINABOVE SHOWN.
elTA ,STANDARD(POL 75) ~ ORDER NO.: 139190-04 ~ SCHEDULE B(CONTINUEott
PART II
5. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY
RESTRICTIONS BASED ON RACE, COLOR OR CREED) SET FORTH IN THE DOCUMENT
SHOWN BELOW, WHICH AMONG OTHER THINGS CONTAINS OR PROVIDES FOR CER-
TAIN ASSESSMENTS, LIENS, EASEMENTS AND MAINTENANCE OF SLOPES AND
DRAINAGEWAYS. A PROVISION THAT ANY VIOLATION THEREOF SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF TRUST MADE
IN GOOD FAITH AND FOR VALUE.
RECORDED: MAY 19, 1976 AS FILE/PAGE NO. 76-152036 OF OFFI-
CIAL RECORDS
6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT: $243,600.00
DATED: JUNE 8, 1989
TRUSTOR: BRUCE M. JORDAN AND CAROL H. JORDAN, HUSBAND AND
WIFE, AS COMMUNITY PROPERTY
TRUSTEE: FIRST NATIONAL BANK OF NORTH COUNTY
BENEFICIARY: FIRST NATIONAL BANK OF NORTH COUNTY
RECORDED: JUNE 22, 1989 AS FILE/PAGE NO. 89-330139 OF OFFI-
CIAL RECORDS
ORDER NO. 139190-04 • SCHEDULE C
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 79 OF CARLSBAD TRACT NO. 75-4, LA COSTA ESTATES NORTH, IN THE CITY OF
. CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 8302 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, ON MAY 5, 1976.
EXCEPTING THEREFROM 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS
CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP
12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT
RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE
RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO
A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY
THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED
JUNE 30, 1971 AS FILE/PAGE NO. 141047 OF OFFICIAL RECORDS.
ALSO EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, FOR A PERIOD OF
20 YEARS FROM DATE OF RECCOMMENDATION TO BE CONTINUED IF OIL OR MINERALS
SHALL BE DEVELOPED WITHIN FIVE MILES OF THE PROPERTY, OTHERWISE TO REVERT
TO THE LAND.
RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE
MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST
100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND
4, WEST HALF OF THE SOUTHWEST QUARTER, SECTION 30, TOWNSHIP 12 SOUTH, RANGE
3 WEST AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY AS RESERVED BY GERMAIN M. GROEF, HORACE L. GROEF AND
ROBERT W. GROEF IN DEED RECORDED JUNE 27, 1960 AS FILE/PAGE NO. 129955 OF
OFFICIAL RECORDS.
8302
SHEET 8 OF 10 SHEETS _ ....... _.-SBAD TRACT NO.75-4 7c:t:::::::~~~~~\~\ ;~~I ~~(L~A~C~O:S TA ESTATE S NORTH) LA CO-TA .:::. MEADOWS
;;;"" _ MAP No UNlT No 4
7367
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~
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/"
e • (CONDITIONS AND STIPULAT10NS Continu~d From Reverse 'Side of Policy Face)
. .
2. (a.) Continuation of Insurance After Acquisition of Title by
Insured Lender '
If this policy insures the owner of the indebtedness secured by the insured
mortgage, this policy shall continue in force as of Date of Policy in favor of
such insured who acquires all or any part of said estate or interest in the
land described in Schedule C by foreclosure, trustee's sale, conveyance in
lieu of foreclosure, or other legal manner which discharges the lien of the
insured mortgage, and if such insured is a corporation, its transferee of the
estate or interest so acquked, provided the transferee is the parent or
wholly owned subsidiary or such insured; and in favor of any governmental
agency or instrumentality which acquires all or any part of the estate or
interest pursuant to a contract of insurance or guaranty insuring or guaran-
teeing the indebtedness secured by the insured mortgage. After any such
acquisition the amount of insurance hereunder, exclusive of costs, attorneys'
fees and expenses which the Company may be obligated to pay, shall not
exceed the least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the unpaid principal of the indebtedness plus interest
thereon, as determined under paragraph 6(a) (iii) hereof, expenses of
foreclosure and amounts advanced to protect the lien of the insured
mortgage and secured by said insured mortgage at the time of acquisition
of such estate or interest in the land; or (iv) the amount paid by any
governmental agency or instrumentality, if such agency or instrumentality
is the insured claimant, in acquisition of such estate or interest in satisfaction
of its insurance contract or guaranty.
(b.) Continuation of Insurance After Conveyance of Title
The coverage of the policy shall continue in force as of Date of Policy, in
favor of an insured so long as such insured retains an estate or interest in
the land, or owns an indebtedness secured by a purchase money mortgage
given by a purchaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by such insured in
any transfer or conveyance of such estate or interest; provided, however,
this policy shall not continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness secured by a
purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions -Notice of Claim to be
Given by an Insured Claimant
(a.) The Company, at its own cost and without undue delay, shall provide
for the defense of an insured in litigation to the extent that such litigation
involves an alleged defect, lien, encumbrance or other matter insured
against by this policy.
(b.) The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in (a) above, (ii) in case knowledge shall come to
an insured hereunder of any claim or title or interest which is adverse to
the title to the estate or interest or the lien of the insured mortgage, as
insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate of interest
or the lien ofthe insured mortgage, as insured, is rejected as unmarketable. If
such prompt notice shall not be given to the Company, then as to such
insured all liability ofthe Company shall cease and terminate in regard to
'the matter or matters for which such prompt notice is required; provided,
however, that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be prejudiced by
such failure and then only to the extent of such prejudice.
(c.) The Company shall have the right at its own cost to institute and
without undue delay prosecute any action or proceeding orto do any other
act which in its opinion may be necessary or desirable to establish the title
to the estate or interest or the lien ofthe insured mortgage, as insured; and
the Company may take any appropriate action, whether or not it shall be
liable under the terms ofthis policy' and shall not thereby concede liability
or waive any provision of this policy.
(d.) Whenever the Company shall have brought any action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(e.) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured hereunder shall secure to the Company the right to so prosecute
or provide defense in such aCtion ot proceeding, and all appeals therein,
and permit the Company to use, at its option, the name of such. insured for
such purpose. Whenever requested by the Company, such insured shall
give the Company, at the Company's expense, all reasonable aid (1) in any
such action or proceeding in effecting settlEiment, securing evidence,
obtaining witnesses, or prosecuting or defending such action or proceeding,
and (2) in any other act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest or the
lien of the insured mortgage, as insured, including but not limited to
executing corrective or other documents.
4. Proof of Loss or Damage -Limitation of Action
In addition to the notices required under Paragraph 3(b) of these Conditions
and Stipulations, a proof of loss or damage, signed and sworn to by the
insured claimant shall be furnished to the Company within 90 days after the
insured claimant shall ascertain or determine the facts giving rise to such
loss or damage. Such proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage, and, when appropriate,
state the basis of calculating the amount of such loss or damage.
Should such proof of loss or damage fail to state facts sufficient to enable
the Company to determine its liability hereunder, insured claimant, at the
written request ofthe Company, shall furnish such additional information
as may be reasonably be necessary to make such determination.
No right of action shall accrue to insured claimant until 30 days after such
proof of loss or damage shall have been furnished.
Failure to furnish such proof ofloss or damage shall terminate any liability
of the Company under this policy as to such loss or damage.
5. Options to Payor Otherwise Settle Claims and Options to
Purchase Indebtedness
The Company shall have the option to payor otherwise settle for or in the
name of an insured claimant any claim insured against, or to terminate all
liability and obligations ofthe Company hereunder by paying or tendering
payment of the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time of such payment
or tender of payment by the insured claimant and authorized by the
Company. In case loss or damage is claimed under this policy by the owner or
the indebtedness secured by the insured mortgage, the Company shall have
the further option to purchase such indebtedness for the amount owing
thereon together with all costs, attorneys' fees and expenses which the
Company is obligated hereunder to pay. If the Company offers to purchase
said indebtedness as herein provided, the owner of such indebtedness shall
transfer and assign said indebtedness and the mortgage and any collateral
securing the same to the Company upon payment therefor as herein
provided. Upon such offer being made by the Company, all liability and
obligations ofthe Company hereunder to the owner of the indebtedness
secured by said insured mortgage, other than the obligation to purchase
said indebtedness pursuant to this paragraph, are terminated.
6. Determination and Payment of Loss
(a.) The liability ofthe Company under this policy shall in no case exceed
the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A, or, if applicable, the
amount of insurance as defined in paragraph 2(a) hereof; or
(iii) if this policy insures the owner of the indebtedness secured by the
insured mortgage, and provided said owner is the insured claimant, the
amount of the unpaid principal of said indebtedness, plus interest thereon,
provided such amount shall not include any additional principal indebtedness
created subsequent to Date of Policy, except as to amounts advanced to
protect the lien of the insured mortgage and secured thereby.
(b.) The Company will pay, in addition to any loss insured against by this
policy, all costs imposed upon an insured in litigation carried on by the
Company for such insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written authorization of the
Company.
(c.) When the amount of loss or damage has been definitely fixed in
accordance with the conditions of this policy, the loss or damage shall be
payable within 30 'days thereafter.
7. Limitation of Liability
No claim shall rise or be maintail)able under this policy (a) if the Company,
after having received notice of'an alleged defect, lien or encumbrance
insured against hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, or the lien of the insured
~ortgage, as insured, within a reasonable time after receiptof such notice;
(CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page)
• (CONPlifIONS AND STIPULATIONS ContinueeConciuded From .Reverse Side of This Page) •.
(b) in the event of litigation until there has been a final determination by portion of the estate or interes! from the lien of the insured mortgage, or releaSe
a court of competent jurisdiction, and disposition of all appeals therefrom, . any collateral security for the indebtedness, provided such act occurs prior to
adverse to the title or to the lien of the insured mortgage, as insured, as pro-receipt by such insured of notice of any"c1aim of title or interest adverse to the
vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed title to the estate or interest or the priority of the lien of the insured mortgage
by an insured without prior written conse~t of the Company. and does not result in any loss of priority of the lien of,the insured mortgage.
The Company shall be subrogated to and be entitled tp all rights and remedies S. Reduction of Insurance; Termination of Liability which such insured claimant would have had against any person or property in
All payments under this policy, except payment made for costs, attorneys' fees respect to such claim had this policy not been issued, and the Company is
and expenses, shall reduce the amount of the insurance pro tanto; provided, hereby authorized and empowered to Ne, compromise or settle in its name or
however, if the owner of the indebtedness secured by the insured mortgage is in the name of the insured to the full extent of the loss sustained by the
an insured hereunder, then such payments, prior to the acquisition of title to Company. If requested by the Company, the insured shall execute any and all
said estate or interest as provided in paragraph 2(a) of these Conc"'ions and documents to evidence the within subrogation. If the payment does not cover
Stipulations, shall not reduce pro tanto the amount of the insurance afforded the loss of such Insured claimant. the Company shall be subrogated to such
hereunder as to any such insured. except to the extent that such payments reduce rights and ier,edies in the proportion which said payment bears to the amount
the amount of the indebtedness secured by such mortgage. of said loss, but such subrogation shall be in subordination to an insured
. Payment in full by any person or voluntary satisfaction or release of the insured mortgage. If loss should result from any act of such insured claimant. such act
mortgage shall terminate all liability of the Company to an insured owner of shall not void this policy. but the Company, in that event, shall as to such
the indebtedness s~cured by the IRsured mortgage. except as provided in insured claimant be required to pay only that part of any losses insured against
paragraph 2(a) hereof. hereunder which shall exceed the amount. if any. lost to the Company by
reason of the impairment of the right of subrogation.
9. liability Noncumulative
It is expressly understood that the amount of insurance under this policy as to
the insured owner of the estate or interest covered by this policy, shall be reduced
by any amount the Company may pay under any policy insuring (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on the estate or interest
covered by this policy. or (b) a mortgage hereafter executed by an insured which
is a charge or lien on the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such mortgage
any amount that otherwise would be payable hereunder to the insured owner
of the estate or interest covered by this policy and. the amount so paid shall be
deemed a payment under this policy to said insured owner.
The provisions of this paragraph 9 shall not apply to an owner of the indebted-
ness secured by the insured mortgage. unless such insured acquires title to said
estate or interest in satisfaction of said indebtedness or any part thereof.
10. Subrogation Upon Payment or Settlement
Whenever the Company shall have paid or settled a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant. except that the owner of the indebtedness secured by the insured
mortgage may release or substitute the personal liability of any debtor or
guarantor. or extend or otherwise modify the terms of payment. or release a
. ,
11. Liability Limited to this Policy
This instrument together with all endorsements and other instruments, if any.
attached hereto by the Company is the entire policy and contract between the
insured and the Company. Any claim of loss or damage. whether or not based
on negligence. and which arises out of the status of the lien of the insured
mortgage or of the title to the estate or interest covered hereby. or any iction .
asserting such claim. shall be restricted to the p~ovisions and Conditions and
Stipulations of this policy.
No amendment of or endorsement to this policy can be made except by writing
endorsed hereon or attached hereto signed by either the President. a Vice Presi-
dent, the Secretary. an Assistant Secretary. or validating officer or authorized
signatory of the Company.
No payment shall be made without producing this policy for endorsement of
such payment unless the policy be lost or destrpyed. in which case proof of such
loss or destruction shall be furnished to the satisfaction of the Company.'
12. Notices. Where Sent .
All notices required to be given the Company and any statement in writing required
to be furnished the Company shall be addressed to its Home Office, P.O. Box
27567, Richmond, Virginia 23261, or to its Pacific States Office, 10 Universal
City Plaza, Universal City, CA 91608, or to the office which issued this policy .
'.
.., ~ CITY OF CARLSBAD .
1'200 ELM ~NUE CARLSBAD, CALIFO.A 92008
438·5621
(l1/:/:;C AJ C) L/Q ./
ACCOUNT NO. DESCRIPTION
V")/'""7'\-/-'{! -c'W() ~\!cJ/i/ J) J /I'~ J/J:rf . / ·/)L1ILIi.<J.42.p,?! 61.'11./1---
L//J;9 /tJ-d ~ ,j}t>ll'l1 L.t
'/
"IV.!.J. vvl vOl 7\
RECEIPT NO. 98727 TOTAL
AMOUNT
I.
~. ) /t"0 -lac:>
I
I
I
I
I .. I
vVVJ. V.,\. Vi. I C-PRNT 1pO.OO
I
I
I
I
I I
I
I I
I
I
I
I
/(10 100
rlsbad
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PAAT OF THE CITY COUNCIL, OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1 . Applicant
Ust the names and addresses of all persons having a financial interest in the application.
8il.l..Ce j?pA!01A)
2. Owner
Ust the names and addresses of all persons having any ownership interest in the property involved.
8[J)(lt M, vOR/)AIJ -
CAeOL 1-/-00,eD4JJ
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ant
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi~
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an,
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
(Over)
• •
Disclosure Statement Page 2
Have you had more than $250 worth of business transacted with any! memtper of City staff, Soarcs
Commissions, Committees and Council within the past twelve months? (_ I
Yes No If yes,please indicate person(s) ,
I Person is defined as: 'Any individual., firm, copartnership, joint venture, associatio!1. $OCial club, fraternal
organization. corporation, estate, trust, receiver. syndicate, this and any other county, 6ity and county, city
municipality, district or other political subdivision, or any other group or combination actin~ as a unit.'
(NOTE: Attach additional pages as necessary.)
iQnature ofnerid8te Signature of applicant/d*te
B~t£C€ A. Yd:>A!.b,t:J-N
Print or type riame of owner Print or type nama of applicant
I
'L_*'
~<
''1
I
I
I' •
\
e
% Slope = Vertical Distance x Countour Interval x 100
Horizontal Distance
(Distance between contour intervals)
(c) Four copies of the slope profile(s) -Include vertical and horizontal scale.
(d) Assurance of slope analysis and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer or land surveyor indicating the datum,
source and scale of topographic data used in the slope analysis and slope
profiles, and attesting to the fact that the slope analysis and slope profiles
have been accurately calculated and identified. .
(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.
2
3.
4.
5.
6.
7.
8.
9.
10.
Coastal Zone Requirements (if applicable)
Contour grading
Area or extent of grading
Screening graded slopes
View preservation and enhancement
Roadway design
Hillside architecture
Hilltop architecture
Hillside drainage
Man-made slope height and volume of grading cut or fill. Volume
of earth moved for cuts and fills shall be minimized. The larger
volume of the total cut Q( total fill volumes divided by the total area
in acres that is cut and filled (that is graded) shall equal the volume
of hillside grading for this chapter. The relative acceptability of
hillside grading volume shall be determined by the following:
Cubic Yards of Cut or Fill
Grading per Acre of
Cut and Fill Area (in Acres)
° -7,999 Cubic yds./acre
8,000 -10,000 Cubic yds./acre
> 10,000 cubic yds./acre
-2-
Relative Sensitivity of
Hillside Grading Volume
Acceptable
Potentially acceptable
Unacceptable
• ~-/~-I-1--2tL-----.. ----.---.-.. -----.... ---------.-.. -.--------------.-----
------------_.-'-'--'-"
._---------------_.---._-----------_ .... -_.-----------_ .... -.. ----
.-..... --I?-&E..-:---.lttP e .1 () ~. Z "3 . .......
. __ .. ___ 5t!tg_; ____ ._d/2/t2t/AIlS __ ce.---&.&C)/.A/9~-.. -... . ...... '" -'--'-'-'--"--' -.. '--"---'--'---'-.-----..
----.. -----.-/II£L,5IPc .. --£Zt/LftZ/ ........... --.-.-.-.--.----.. --.. -..... -...... --...... ~----.-.-------.--. ---
----_ ... _------_ .... _-.... -_ .... _ .. _ .. -._---.. ---.----.-.. -----------.--
------_._----------._---_ .... -._---_ .. __ .. _-.-.. __ .. -. __ .. _--.. _-----_._---_.-._.-
---. ____ ... ___ . _______ .. --.. ----ZZ2z-~---.. -~. ~. S/ Z£ .. -... ~.-.. --------.-... L.----~/ ~~.~--.----
-------.. --..... ~-.-----.-¥-.---p .. -.. ----.. ~--_&_.-----.--~-.. - -.. -~-.. -.. -...------_. __ . _ .. -.-.. -.. -.~---.. ----.. -.. ---,
---_ ... --_._--_._-_.-._. __ ... _-_._ .. __ .. _._-_._-----------_. __ ._----------_.-
-----_. -_ .. -.. _._-------_.-.. _ ........ _._ .. -----_ .. __ ._--_. __ .. _ ..... _----_._------._.
'-------_ ....... -----_.-----------..... -.......... -.. _. __ ._._._._-.... _ ......... -_._-._._-.-------------_._---_._---.. --_._ .
. _-----_._-----_ .... _ .. _._._ .... _-----_. -_.-.... --_ .... -------_ ... _ ........ -.... _-----_._--_... . --_._--
------_. __ ._. __ ._--------_.---.-'''--'-''---''-'--'-''-'---... __ .. _--------_._-------_._-
._ . _________ . ________ . _ .. __ ., __ . ____ .... __ .' ,.. . ___ ._, __ .. ____ . ____________________ . . . _' .. " _ .... __ .~ ___ ._ ._ .. _ " .. _ ... ___ ~ __ ._ ~ _______ O¥._____ _ ___ .
r _ ~t • •
PROCESSING PROCEDURES COP)
1. Application submitted and reviewed for completeness at Development Processing counter.
2. Application logged in and given file number by Planning counter staff.
'''-.,
1. Application routed to Planning clerical staff to open file and route copies
of the plans to the Engineering, Fire and Building Departments.
\. File routed to Assistant Planning Director for distribution to Project
Planner and Project Engineer.
5. Within 30 days of the date of project submittal the Project Planner must
complete the following:
~. Review the file for completeness.
"s. Review the appl icable sections of the Carl sbad Municipal
Code that apply to the project.
'to Field check and take slides of the site.
~. Meet with the Project Engineer.
~~ Complete the Growth Management Assessment Form and give
it to the Growth Management Division.
~. Determine whether the application is within the Coastal Zone.
At the present time the City can only approve Coastal Permits
for the portion of the Redevelopment Area within the Coastal
Zone.
Complete the Part II Environmental Impact Assessment Form and
determine whether the proposed project requires an
Environmental Impact Report, Mitigated Negative Declaration,
Negative Declaration, Prior Compliance or is exempt from
environmental review. See the Environmental Review section
of this manual for further details.
Determine whether the application is complete or
incomplete and if the project has any major issues.
Send a letter to the applicant stating whether the application
is complete or i ncomp 1 ete and what is needed to make it
complete. This letter should also contain any issues the
Project Planner, Project Engineer or other impacted-
Departments have with the proposed project.
~/5~~~7
MH:lh ~ ~ '1p,~ .
POliCY.b~¥.I 1:7"'1 ~ ~ ,7~
~/3~7
• •
PROCESSING PROCEDURES lOP) CONTINUED:
6. After the Project Pl anner deems the app 1 i cat i on to be complete and a
complete letter is sent to the applicant the time limits established by
the Permit Streamlining Act start. If the Project Planner does not send
a complete/incomplete letter to the applicant within 30 days of project
submittal the application is automatically deemed complete and the time
limits established by the Permit Streamlining Act automatically start at
this time, 30 days after submittal. If an incomplete letter is sent to
the applicant within 30 days of project submittal the time limits do not
start until the application is complete. When the application has been
made complete the Project Planner should send a letter of completion to
the applicant and at that time the processing time limits established by
the Permit Streaml i ni ng Act start. All Project Planners shoul d be
familiar with the requirements of the Permit Streamlining Act.
7. Project Planner and Project Engineer meet with the applicant, if they have
not already met with the applicant. It should be noted that almost all
applications require one or more meetings between the applicant, Project
Engineer and Project Planner.
8. After all issues are resolved between staff and the applicant and all
conditions of approval are received from the Engineering Department, Fire
Department and all other effected departments, the Project Planner informs
their supervisor and the Assistant Planning Director. In some instances
it may not be possible to resolve all of the issues between staff and the
applicant. In this case it may be necessary to take the project forward
for denial or denial without prejudice. The Project Planner should
attempt to determine as early as possible whether or not the applicant is
willing to revise the project to eliminate issues or would prefer to go
forward with the negative recommendation from staff.
9. The Assistant Planning Director schedules the project for a Planning
Commission hearing.
10. The Project Planner prepares the staff report and the appropriate
resolutions approving or denying the project as well as the resolution for
the environmental documents accompanying the project. ~¥ ~~
11. The Project Planner receives the final revised exhibits from the
applicant. The Project Planner should ensure that these exhibits are
stamped in by the clerical staff and that all outdated exhibits are thrown
out. The Project Planner should also make sure that the dates and letters
on these exhibits correspond with those mentioned in the staff report and
resolutions.
12. Project Planner reviews the staff report, submits it to his/her supervisor
for their review and further submittal to the Assistant Planning Director.
MH:l h
Policy.bk 8
PROCESSING PROCEDURES lOP) CONTINUED:
13.
14.
15.
16.
17.
18.
19.
Clerical staff sends a letter to the applicant notifying him/her of the
Departmenta 1 Coord i nat i ng Convnit tee (DCC) meet i ng. Th is 1 et ter also
informs the applicant that a copy of the staff report is available at the
Development Processing Counter. It is suggested that the Project Planner
call the applicant a few days before the DCC meeting to make sure that
they are aware of its time and importance of this meeting. /1~~
Clerical staff prepares public notice. If the 600 foot radius list for
public noticing submitted by the applicant is more,then six months old,
a revised list should be submitted. /?~ ~
Staff and applicant meet Development Coordinating Meeting (DCC),
approximately 9 days before the Planning COl11llission meeting. Final
colored, unmounted exhibits submitted by applicant. These exhibits become
a permanent part of the record and are not returned to the applicant.
Planner makes revisions to staff report and resolution if necessary.
Staff reports and exhibits are distributed to the Planning Commissioners. J~
Planning Commission public hearing held. For some projects the Planning
Commission deCision is final unless appealed, while on others, the
Planning Commission only makes a recommendation of approval or denial to
the City Council.
If the Planning Commission is the final decision making body and no appeal
of their decision is made within 10 calendar days of their meeting the
following procedure should be followed:
a. Signed resolutions are sent to applicant, and placed in file
by clerical staff.
b. File returned to Project Planner.
c. Planner prepares Notice of Determination for transmittal to
County Clerk.
d. Project Planner purges file of unnecessary material, stamps
final exhibits, and sends to Central Files.
20. If the Planning Commission only reconvnends approval or denial of the
project to the City Councilor if the Planning Commission is the final
decision making body and their decision is appealed within 10 calendar
days of their meeting, the following procedures should be followed:
MH:lh
a. Signed resolutions are sent to applicant, and placed in file
by clerical staff.
Policy.bk 9
• •
PROCESSING PROCEDURES lOP) CONTINUED:
MH:lh
b. Staff prepares agenda bill to send to City Manager's office
for City Council scheduling.
c. City Council public hearing held:
1. Approve.
2. Deny.
3. Refer back to staff.
d. City Council resolution adopted.
e. Signed resolutions are sent to applicant, and placed in file
by clerical staff.
f. Planner prepares Notice of Determination for transmittal to
County Clerk.
g. File returned to Project Planner.
h. Project planner purges files of unnecessary material, stamps
final exhibits, and sends to central files.
Policy.bk 10
•• •
HILLSIDE DEVELOPMENT PERMIT
INFORMATION SHEEr
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 and Chapter
11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading) 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:
(b)
Identify slopes
A completed Hillside Development Permit Application
Form
Four copies of the slope analysis -Include north
arrow and scale (see Section 21.95.020 of Carlsbad's
Municipal Code)
1. o to less than 15% slope
2. 15% to less than 25% slope
3. 25% to less than 40% slope
4. 40% or greater slopes
TOTAL
Acres %
0 0
0 0
0 0
D D
100%
10/89
•
% Slope = Vertical Distance x Countour IntelVal x 100
Horizontal Distance
(Distance between contour intervals)
(c) Four copies of the slope profile(s) -Include vertic&l and horizontal scale.
(d) Assurance of slope analysis and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer or land sUlVeyor indicating the datum,
source and scale of topographic data used in the slope analysis and slope
profiles, and attesting to the fact that the slope analysis and slope profiles
have been accurately calculated and identified.
(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 preselVation 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. Volume
of earth moved for cuts and fills shall be minimized. The larger
volume of the total cut or total fill volumes divided by the total area
in acres that is cut and filled (that is graded).shall equal the volume
of hillside grading for this chapter. The relative acceptability of
hillside grading volume shall be determined by the following:
Cubic Yards of Cut or Fill
Grading per Acre of
Cut and Fill Area (in Acres)
o -7,999 Cubic yds./acre
8,000 -10,000 Cubic yds./acre
> 10,000 cubic yds./acre
-2-
Relative Sensitivity of
Hillside Grading Volume.
Acceptable
Potentially acceptable
Unacceptable
•
11. Potential development and design
standard modification & A completed "disclosure statement"
(g) Two copies of a preliminary title report.
(h) If Hillside Development Permit is not accompanied by any other permit, also
include the following information on slope analysis.: location, slope and
width of drivew~ building setbacks, location of any retaining walls and
drainage systems.
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:
(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 enhance a healthful and aesthetically pleasing
environment by assuring that hillside development is pleasing to the
eye, rich in variety, highly identifiable, and reflects the City'S cultural
and environmental values.
(5) Assure hillside conditions are properly identified and incorporated
into the planning process.
-3-
Appeal
e •
(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.
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
af
Hillside.inf
Forms-Disk
-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 exis-t, so please ensure that all of the
information is completed and accurate. I f 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.
APPLICANT:
AGENT:
MEMBERS:
DISCLOSURE FORM
Name (individual, partnership, joint venture, corporation, syndication I
Business Address
Telephone Number
Name
Business Address
Telephone Number
Name (individual, partner, joint
.venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
Home Address
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.
APPLICANT
BY
Agent, Owner, Partner
•
HILLSIDE DEVELOPMENT PERMIT CHECK LIST
COMMENTS
PROJECT NUMBER __________ _
1. Slope Analysis (4)
2. Slope Profile (1)
3. Site Plan, Grading Plans, Building Plans, Elevations (4 each)
4. Disclosure Statement
5. Title Report (2)
DATE SIGNATURE __________ _
I
L
mLLSIDE 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 and Chapter
11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading) 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)
v--(b)
Identify slopes
A completed Hillside Development Permit Application
Form ;l1ea/~ )t./ <IJ I! ci n
Four copies of the slope analysis -Include north
arrow and scale (see Section 21.95.020 of Carlsbad's
Municipal Code)
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
o
o
o
o
o
o
o
o
100%
10/89
, •
% Slope = Vertical Distance x Countour Interval x 100
Horizontal Distance
(Distance between contour intervals)
Four copies of the slop~ profile(s) -Include vertical and horizontal scale.
Assurance of slope analysis and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer or land surveyor indicating the datum,
source and scale of topographic data used in the slope analysis and slope
profiles, and attesting to the fact that the slope analysis and slope profiles
have been accurately calculated and identified.
Show with a site plan, grading plan and building plans _
and elevations how development fulfills the following
Hillside Dev~lopment 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. Volume
of earth moved for cuts and fills shall be minimized. The larger
volume of the total cut or total fill volumes divided by the total area
in acres that is cut and filled (that is graded) shall equal the volume
of hillside grading for this chapter. The relative acceptability of
hillside grading volume shall be determined by the following:
Cubic Yards of Cut or Fill
Grading per Acre of
Cut and Fill Area (in Acres)
o -7,999 Cubic yds./acre
8,000 -10,000 Cubic yds./acre
> 10,000 cubic yds./acre
-2-
Relative Sensitivity of
. Hillside Grading Volume
Acceptable
Potentially acceptable
Unacceptable
1
~t)
~)
(h)
11. Potential development and design
standard modification
A completed "disclosure statement"
If Hillside Development Permit is not accompanied by any other permit, also
include the following information on slope analysis: location, slope and
width of driveway, building setbacks, location of any retaining walls and
drainage systems.
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:
(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 enhance a healthful and aesthetically pleasing
environment by assuring that hillside development is pleasing to the
eye, rich in variety, highly identifiable, and reflects the City'S cultural
and environmental values.
(5) Assure hillside conditions are properly identified and incorporated
into the planning process.
-3-
Appeal
(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.
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
af
Hillside.inf
Forms-Disk
-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 ~ be filed.
I f 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 (t 0
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.
APPLICANT:
AGENT:
MEMBERS:
• DISCLOSURE FORM
Name (individual, partnership, joint venture, corporation, syndication
Business Address
Telephone Number
Name
Business Address
Telephone Number
Name (individual, partner, joint
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
Home Address
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 tru~ and correct and may be relied upon
as being true and correct until amended.
APPLICANT
BY
Agent, Owner, Partner
J/ •
HILLSIDE DEVELOPMENT PERMIT CHECK LIST
COMMENTS
PROJECT NUMBER ___________ _
1. Slope Analysis (4)
2. Slope Profile (1)
3. Site Plan, Grading Plans, Building Plans, Elevations (4 each)
4. Disclosure Statement
5. Title Report (2)
DATE S·IGNATURE __________ _
North Com_ Surveying and Engin.ring, Inc.
2450 VINEYARD AVENUE, SUITE 202, ESCONDIDO, CALIFORNIA 92025-1330
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North Cou. Surveying and Engi~ring, Inc.
2450 VINEYARD AVENUE, SUITE 202, ESCONDIDO, CALIFORNIA 92025-1330
PHONE: 619/743·0908
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IF ITEMS ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE. By _5J=-:..../1..:....aJ_VZ_U_Y1....:;.I---,-,,;....;.' _a.;....f'_tl_'&_I--..!.TJ....:...<....;2tJ1n;..;........;._70_Y-'--) ____ _