HomeMy WebLinkAboutHDP 91-12; HOLLY BREA PARTNERS SPEC "A"; Hillside Development Permit (HDP)I
C
3. .4
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
Master Plan
O Specific Plan
Precise Development Plan
O Tentative Tract Map
Planned Development Permit
Fj Non-Residential Planned Development
Condominium Permit
Special Use Permit
o Redevelopment Permit
Tentative Parcel Map
Administrative Variance
(FOR DEPT
ONLY)USE
General Plan Amendment
0 Local Coastal Plan Amendment
Site Development Plan
F7 Zone Change
Fj Conditional Use Permit
Hillside Development Permit
Environmental Impact Assessment
Variance
0 Planned Industrial Permit
0 Coastal Development Permit
0 Planning Commission Determination
List any other applications not specificed
(FOR DEPT
USE ONLY)
393O sK
2) LOCATION OF PROJECT: ON THE I WS T
(NORTH, SOUTH EAST, WEST)
BETWEEN L'4'-'a AV I AND
(NAME OF STREET)
SIDE OF Z?I?i'-/E LA/,j
(NAME OF STREET)
(NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: ON c'/
/c 772 ,tiñ7 ,W', 9,f 47, 2' Ci D 4P41L / / 95f2
) ASSESSOR PARCEL NO(S).
) LOCAL FACILITIES I 6) EXISTING GENERAL PLAN V2/-/44 7) PROPOSED GENERAL PLAN
IANAGEMENT ZONE DESIGNATION ( DESIGNATION
I) EXISTING ZONING lfl-.LM 9) PROPOSED ZONING 10) GROSS SITE Flo 447 ACREAGE
.1) PROPOSED NUMBER OF I 12) PROPOSED NUMBER t' 13) TYPE OF SUBDIVISION
IESIDENTIAL UNITS ' OF LOTS 0 IZ7
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS A--c— I
15) PROPOSED INDUSTRIAL 1 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
NOTE A PROPOSED PROJECT REQUIRING THAT MULTIPLE APPUCAMONS BE FILED K= BE 9TTED PRIOR TO 330 P.M. A PROPOSED PROJECr
PEQJIRING fl4i ONLY ONE J.pPUCA1ION BE MED MU5 BE MMUM-EDMOR, TO 400 PAL FRM000I6 8/90
CITY OF CARLSBAD W L LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 74 %
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC /0 A-oTj
20) PROJECT NAME: I cPttf /2d9t -,j, 5p I
21) BRIEF DESCRIPTION OF PROJECT: 91VL ,q4y(f
cc,r,14c ,, e1v o e-o r /p,4v)
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISONERS, DESIGN REEW BOARD MEMBERS, OR Cli? COUNCIL MEMBERS TO INSPECT AND
ENTER THE Thi47 IS -{,E JJJCT OF THIS APUCT1ON. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE !-e-4n/ SIGNATURE 7J
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) i 16 CW4-I€ LLS it), 7Z ,4 Y9
MAILING ADDRESS MAILING ADDRESS
49'97 4VIL4XV,6 pe.
i /)df/
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
s'q 9 2c70F 6/ 9/7q - 12 o 9O If /f/72q95
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNER's REPRESENTATIVE AND
AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT 10 THE
IS TRUE AND CORRECT TO THE BEST OF BEST OF MY KNOWLEDGE.
MY KNOWLEDGE.
zr ATE 9 aTh DATh A/l
FOR CITY USE ONLY 12;7
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
:] I
1 1 1 _r' t i T.
DA E
REc1E D BY:
TOTAL FEE REQUIRED 73.o ) I
DATE FEE PAID '- V RECEIPT NO 5
S
" CRANGE asTr T1nR CCKPANY
7474 EL C1LXW EUVD
LA ), Ok 91941
(619) 464-5353
B.A. ICK INC.
690 ELM AVENUE #201 Your No.: Y7LIY"
CJRLSB1D, CA . 92008 Our No.: 910672-S
Date: WI1 18, 1991
Attention: CLJC S / RJ
Dated as of MARCH 14, 1991 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance,
NE COAST TITLE Cirpany of San Diego 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
ewirbrarce not shown or referred to as an !bcception below or not excluded fran
coverage pursuant to the printed Schedules, Conditions and Stipulations of said
policy forts.
The printed Exceptions and E>r-lusicns from the coverage of said Policy or Policies
are set forth In Addend= 1 attached. Copies of the Policy forms should be read.
They are available from the office which issued this report.
This report (and any supplements or areritxents hereto) is issued solely for the
purpose of facilitating the Issuance of a policy of title insurance and no liability
is assumed her. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance, a Birder or Omriitnt should be requested.
TIM t.:.
Title officer Title Assistant
Title to said estate or interest at the date hereof is vested in:
?fl}yfly E. W)ThIY AND SHE= R)YALTY, HUSBAND AND WIFE AS TO AN UNDIVIDED 75%
INi'ER$r AND RF A. BOYD AND BONNIE J. BOYD, HUSBAND AND WIFE AS JOINT
- TE2ANI, AS TO AN UNDIVIDED 25% mi'isr
estate or Interest In the lard hereizgLfter described or referred to In this
Report is: A FEE
. .
LEiL CESCRIPTICH
arR }). 910672-S
- land referred to in this Report is situated in the State of Califonda, Cotmty of
San Diego, and is described as follows:
IN I,I .)aI& •)ii,i sp_ h1 '
II1 r,F2W,EM OF 4iie. =MY, APRILj18, 1950.
Pi
3/18/91
4.
. .
11 atR ?D. 910672-S . . . PAGE 7HM
At the date hereof exceptions to coverage in addition to the Exceptions and
E=lusions in said policy form would be as follows:
1. General and ecia1 taxes, a lien not yet payable, for the fiscal year 1991-92.
2. General and special taxes, the second installment now due, for the fiscal year
1990-91.
3. Supplemental taxes, assessed pursuant to the provisions of Chapter 3 • 5,
ommencing with Section 75. 1st Installment $22.54; 1st installment penalty of
$2.25, due on E1EXR 10, 1990. 2nd Installment $22.54; 2r1 Installment penalty
of $12.25, due on AIL 10, 1991.
4. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5,
itrerirg with Section 75. 1st Installment $116.98; 1st installment penalty of
$11.70, due on FENWM 28, 1991. 2nd Installment $116.98; 2rx Installment
penalty of $21.70, due on JULY 1, 1991.
5. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
thapter 3.5 (ocmw=irxj with Section 75) of the Revenue and Taxation Code of the
State of California.
6. renarzts, cxriditicre and restrictions, but deleting restrictions, if any, based
ton race, color, religion or national origin, as contained in instrument
recorded AIL 18, 1950 IN BOOK 3586, PAGE 359 OF OFFICIAL RERES.
Said Instrument provides that a violation thereof shall not defeat not render
invalid the lien of any mortgage or deed of trust 1r&e In good faith and for
value.
7. An easement for above or below ground utilities and/or guy poles and arors and
purposes incidental thereto, as granted to the Sari Diego Gas and Electric
Oxpany, in instrument recorded AIL 24, 1951 IN BOOK 4070, PAGE 500 OF OFFICIAL
R.
Reference is made to said instrument for full particulars and the route of said
easement.
S. A 11 of Trust to sire an Irdebtedness of $356,200.00, and any other amounts
payable under the terms thereof recorded )Y 5, 1989 under Recorder's File No.
89-237396 of Official Records;
Dated: AIL 14, 1989
Trustor: 'rDVI1Y E. W)YALTI AND SMLY IDYATJri, }BAND AND WIFE
Trustee: cALtFIA RECMVEDWCE cX!PANY, A GUMURNIA CMPORAMCN
Beneficiary: GEAT WESIEW BANK, A PAL SAVI140S BANK
9. AGEMOM Wr4M AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
RJBLIC FACILITIES FEE, REMMED SEMDOM 11, 1989 AS FILE NO. 89-487445 OF
OCIAL RE.
I
EXCEPTIONS CORrINLIED . . ?AGE FCXLTR
CRDM NO. 910672-S
10. A Ded of Trust to s&ire an ir,teirss of $110,000.00, and any other amounts
payable under the terms thereof recorded JUNE 26, 1990 under Recorder's File No.
90-344072 of OfficialRecords;
Trttor: ROBERT A. 3DYD AND BONNIE J. BDYD, WSBPND AND WIFE
Trustee: FIRST AICAN TITLE nMTANCE CPANY, A QUIMUIA OATL
Beneficiary: TIXYflW E. ROYALTY AND SHELLY ROYALTY, HUSBAND AND WIFE AS
cXfliTI?
By agreement rrded AtBT 14, 1990 as File No. 90-442757 of Official Records,
the lien or charge of said deri of trust was subordinated to the lien or charge
of the deed of trust recorded 14, 1990 as File No. 90-442756 of Official
11. A Deed of Trust to s.1re an lxxthtedrss of $115,000.00, and any other amounts
payable under the terms thereof recorded AIXJST 14, 1990 under Recorder's File
No. 90-442756 of Official Records;
It AD3T 3, 1990
Trustor: TDV'IHY E. R)YAIffY AND &IEELY ROYALTY, HUSBAND AND WIFE AS
I]NI'1Y PRDPEWY, AS '10 AN UNDIVIDED 75% fl7Th2ET AND r)REFT A.
BDYD AND BONNIE 3.)YD,_AS HUSBAND AND WIFE, AS JOINT TENANTS, AS
TO AN UNDIVI) 25% iuxtsr
Trustee: FTET ?ThTIAL BANK OF NUM COLWY
Beneficiary: FT NTIL BANK OF NOFZIH COUNTY
12. A lien for $292.97 due the San Diego Onty Tax Collector, as evidenced by
Certificate of Tax Lien recorded CR 11, 1990 AS FILE NO. 90-659889 OF
OFFICIAL RLS.
Taayor: TD'DThY E. ROYALTY AND SHEILY ROYALTY
13. A lien for $3,571.50 due the San Diego Ounty Tax Oollector, as evidenced by
Certificate of Tax Lien recorded DECEMBER 11, 1990 AS FILE NO. 90-659890 OF
OFFICIAL REEE.
Taayor: TD'DThY E. ROYALTY AND SHELLY ROYALTY
)1IE 1:
This report is written for the preparatim of a Cotwtruction Loan.
Please Inform us if you are aware of work in progress or if an Irdeiiu-iity
Agreement xay be required.
1990-91 ThX D* 'I:
CODE A : 09000
PARCEL NO. : 207-063-11
1st flTAIIJlE21T : $2,729.56 DELmQuEur - PENALTY $272.96
2rxl INSTALLMENT : $2,729.56 NOT PAID
LAND VAT.IJE : $459,000.00
IMPROVEMENTS : $51,000.00
F'rIS }OC : $-O-
- form of Policy of Title Insurance axttp1ated by this report is :
AMERICAN LAND TITLE ASSOCIATICV IN POLICY - 1990.
_ . . EXCEMONS 0TI)JE1) . . . PE FIVE
CR.MR )D. 910672-S
The pdin for the Policy of Title Insurance ccntemplated by this
report will be based on r 5 year Short Term Rate.
! following are instructions n wiring funds to
JR BANK NAME . . .... ...... SECURITY PACIFIC NATIONAL BANK
ADMESS• • • • • . • • • • • • • • • • • • 8002 LA )A BLVD.
IA MESA, CA 92041
ABA 1R ... . . . . . . . . . . . . 122-000043
-
c1WE COAST TTflE COMPANY
7474 EL CAJCV BLVD
LA MESA, CA 91941
464-5353
Attention:
Date: WI1 18, 1991
Order No. 910672-S
above numbered report (including any supplements or amendments thereto) is hereby
modified -ar4/or supplemented in order to reflect the following additional items
relating to the issuance of an American Land Title Association Loan Policy as
follows:
A. This report is preparatory to this issuance of an American Laixl Title Association
Loan Policy of Title Insurance. This report discloses nothing which would preclude
the issuance of said American Lard Title Association Loan Policy of Title Insurance
with Endorsement No. 100 attached thereto.
B. 7he improvements on said land are designates as:
3930 SKYLflE FDAD
cARIswD, CA.
C. The only fee conveyarxs affecting said land recorded within 6 months of the date
of this report are as follows:
C 4GE COAST T= PJU :=
OF SAN DIEGO
IzrnEY
Title officer Title Assistant
I
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N 4N* 132AC '
0 AC 6 iO *
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062 POR 11 \) .Io - • . -lc .iIY" . . "., 2
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207-06
SHT. 2 OF 2 çfrod
CHANGES
MAP5524-HOLLY BRAE ESTATES
MAP 2647 - CARLSBAD HIGHLANDS - LOTS 1 -9. 12 -15. 26 -29.35.36
& POR LOTS 10. 11,25 & 30
(
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CITY OF CARLSBAD
/
1200 CARLSBAD LLAGE DRIVE CARLSBAD, C FORNIA 92008
438-5621
AEC'D FROM DATE
(pJj
ACCOUNT NO. DESCRIPTION AMOUNT
FID /Io -
2945 06/14/91 0001 02
c-PR/O6400 ____________ ________________________ _11JV9 oop:_ j
14-00
RECEIPT NO. M385 TOTAL -
"I
- -- -I
6 I
City of Carlsbad
J Fii i iii ar oi 11411 11 ii
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
,l/, 7-2,4 €
P2.&,x /QL//
C4-T2Lc 8 AL 32
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
77 fl £2 t-/ / LZ . ,'Z42 V4-' /Zs7a - ,4. 73
5H- V ,2-7y447y //gJ. T3O4JiV/ 7, //iZ5
/
4947 14A4 4I,; l (44_
4g.s-?4-, ,4 9 27ag i
3. If any person identIfied pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
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 and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
.
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes - No ..L. If yes, please indicate person(s)___________________________________________________
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 Øditio 1 j,pages as necessary.)
Signature of applica date
C4C Tr*ytL
Print or type name of applicant
FRM00013 8/90
HILLSIDE DEVELOPMENT PERMIT
OR
HILLSIDE DEVELOPMENT PERMIT AMENDMENT
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 the Planning Department at 438-1161 or
review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development Guidelines.
A ô dprójèct requfriiig that multiple ajplications be filèdfttiist be ubmitèd pribr th 3:30
pin A proposed project requmng that only one application be filed must be submitted prior to
4:0Optt
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 will be Processed
Generally the steps involved in reviewing your Hillside Development Permit application are as
follows:
1. A Hillside Development Permit application is submitted to the Planning Department
at 2075 Las Palmas Drive. The application must 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" ill". Information items required:
a. A completed Land Use Review Application Form.
b. Five (5) copies of the slope analysis - Include north arrow and scale (see
Section 2 1.95.020 of Carlsbad's Municipal Code). The slope analysis should
be the same scale as the site plan and grading plan.
Acres
Identify slopes (1) 0 to less than 15% slope 13 0
(2) 15% to less than 25% slope 0 0
(3) 25% to less than 40% slope 0 0
(4) 40% or greater slopes 0 0
Indicate the acreage of land in each slope category TOTAL 100%
FRM00011 4/91 Page 1 of 5
% SO = Vertical Distance x 100
Horizontal Distance
(Distance between contour intervals)
C. Five (5) copies of the slope profile(s) - Include vertical and horizontal scale.
A minimum of three (3) slope profiles (slope cross sections) shall be
provided and indexed on the constraints map. See Section 21.95.020(b) of
the Carlsbad Municipal Code for additional requirements.
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. Five (5) copies of a preliminary landscape plan on a 24" x 36" sheet(s)
folded to 8 1/2" x 11" size. The scale should be consistent with all other
exhibits. Each landscape plan shall contain the following information:
(1) Landscape zones per the City of Carlsbad Landscape Manual.
(2) Typical plant species, quantity of each species, and their size for each
planting zone in a legend. (Use symbols).
(3) An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone.
(4) Landscape maintenance responsibility (private or common) for all
areas.
(5) Percent of site used for landscaping.
(6) Water Conservation Plan.
f. Show with a site plan, grading plan, landscape plan, and building plans and
elevations how development fulfills the following Hillside Development and
Design Standards (21.95.060). Submit five (5) sets of each plan.
(1) Coastal Zone Requirement (if applicable).
(2) Contour grading.
(3) Area or extent of grading. To define the area or extent of grading,
the area in acres, of both cut excavation and fill areas shall be
calculated. This calculation shall be noted on the particular cut or
fill area.
(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:
FRM00011 4/91 Page 2 of 5
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
ative Sensitivity of
Hillside Grading Volume
Acceptable
Potentially acceptable
Unacceptable
(11) If Sections 21.95.060(c)(2) and 0)(4) of the Carlsbad Municipal
Code are applicable to the proposed project please provide the
written findings required by those sections.
(12) Potential development and design standard modification. If
requesting a modification to the development and design standards
pursuant to Section 2 1.95.070 provide the necessary findings and
plans required by that section.
g. Environmental Impact Assessment Form (separate fee required).
h. Public Facility agreement: Two (2) copies: One (1) notarized original, and
one (1) reproduced copy. (separate fee required).
i. A completed "disclosure statement".
j. Three (3) copies of a preliminary title report (current within the last six (6)
months).
k. 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 Planning Department 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.
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.
FRM00011 4/91 Page 3 of 5
S .
(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.
(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 (2 1.95.60) 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 2 1.53.230 and
240 of the Carlsbad Municipal Code.
5. Submit a completed "Project Description/Explanation sheet.
I
FRM00011 4/91 Page 4 of 5
1-1
H•IDE DEVELOPMENT PERMIT CHECK iTk
COMMENTS
PROJECT NUMBER /-t'D1 Q'/- /21 -i t3
ndUse ReviewApplication Fo
Disclosure Statement
—
8. Application Fees. (Planner to include Application Number and Account Number on receipt)
A.S' eou,-s c1lS',
P,ii o
PFF Agreement (2 Copies) (Separate Fee Required) The original PFF Agreement with the
application number written in the lower right hand corner and one copy of the title report must be
sent to the City Clerk's Office by the Planning Department for review and recordation)
10. Planner to date stamp the application materials and plans. Application materials must be
JUN 14 i91 I
77 p2 DATE CI
DEVELOP.PRoC SERI DIV
FRM00011 4/91 Page 5of5
. .
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME:
APPLICANT NAME:
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
Rev. 4/91 ProjDeecfrm
Carlsbad
_ . .
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
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 and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRM0001 1 4/91
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
.
.
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes No - If yes, please indicate person(s)__________________________________
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.)
Signature of Owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
FRM0001 1 4/91
14 1 O Policy No. 21
Effective Date 3/1211 90
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
Fences
DEFINITIONS
Fcucc - t\ ertical barrier or enclosure constructed of any material hich supports
no oihcr load other than its own weight.
2. Wall - A solid fence.
3. Retaining Wall - A wall designed to resist the lateral displacement of soil or other
materials: said materials being substantially equal to the height of the wall. The term
'wall" in Section 21.46.130 of the Zone Code and other applicable sections of the
code shall be interpreted to mean retaining walls in addition to solid fences.
4. SaFety Railing - An open fence not to exceed 36' in height. The said openings,
between the materials of which the fence is constructed must not represent less than
70 percent of the total surface of each five foot linear section when viewed
perpendicular to the face of the fence.
5. The total height of all walls, fences, retaining walls, and combination fence/retaining
walls in a required setback shall not exceed the following limits:
A. In a retjuircd front yard setback. the total height shall not exceed 42 inches,
(Example - Two 42 inch retaining walls would not be permitted nor a 42 inch
retaining wall and another 42 inch fence).
B. In a required side and rcar yard setback, the total height shall not exceed
6 feet, (Example - A 4 ft. retaining wall and a 5 ft. fence would not be
permitted because the total exceeds 6 ft).
C. Upon approval of the Planning Director, the total height shall not exceed
6 feet in a required Street side yard. Otherwise, the total height shall not
exceed 42 inches in a street side yard. (This includes all combinations of
fences and retaining walls).
D. A 36 inch safety railing is required on top of all retaining walls that exceed
a height of 3 feet. The maximum height of the railing shall be 36 inches and
must conform to the definition of a safety railing.
APPROVED BY:
M10"044 A_ ~"J"O 0 VIRSAWIMm-1
JG:af
• RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD ) 1200 Elm Avenue )
• Carlsbad,i California 92008 ) -
-ft - -
Space above this line for Recorder's use
• •. Parcel No. _207-063--11 :.
- AGREEMENT BETWEEN DEVELOPER-OWNER - -
AND THE CITY OF CARLSBAD FOR THE --- ---
PAYMENT OF A PUBLIC FACILITIES FEE --_ -
lo
-
THIS AGREEMENT is entered into this _8th day of May ,
by and between Tim Royalty -'--
(Name of Developer-Owner)
a___Sole _Owner hereinafter referred to as "Developer"
(Corporation, Partnership, etc )
• :
whose address is4947 Avila Avenue, Carlsbad ; CA 92008-''
(Street) (City, State,-.-Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
• hereinafter referred to as "City", whose address is 1200 Elm Avenué,Carlsbad,
Caflfornia, 92008. • I •
-•
• WITNESSETH: -
WHEREAS, Developer is the owner of the real property described on Exhibit
"A":, attachea hereto and made a part of this agreement, hereinafter referred
to as "Property"; and - -
WHEREAS, the Property lies-within the boundaries of City; and -•
WHEREAS, Developer proposes a development project as follows:
REV 3-1-88 • • •
H , ...
• 3 Lot Minor Subdivision
on said Property, which development carries the proposed name of______________
Royalty Development
and is hereinafter referred as "Development"; and..
WHEREAS, Developer filed on the 8th 'day of May , 19 1
• with the City a request for minor _Subdivision
-ë
hereinafter referred to as "Request"; and .
WHEREAS, the Public Facilities Element of the City General Plan requires
that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall
not be approved (said element is on file with the'..-City Clerk and is
incorporated by this reference), and
WHEREAS, Developer and City recognize the "correctness of Council Policy
I.
No. 17 t 17, dated July 28, 1987, on file with the City Clerk and incorporated by
this reference, and that the City's public' facilities and services are at
- capacity and will not be available to accommodate the additional need for
public facilities and services resulting from the proposed Development, and
WHEREAS, Developer has asked the City to find that public facilities and
services will be available to meet the future needs of the Development as it is
presently proposed; but the Developer is aware that the City cannot and will
not be able to make any such finding without financial assistance to pay for
such services and facilities; and therefore Developer proposes to help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public.
facilities fee.
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4
HOW THEREFORE, in consideration of the recitals and the covenants
contained hereln,the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to becontructedin the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits -for the development and shall be based on the valuation at -that time.
This fee shall be in addition to any fees, dedications or Improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code.2Developer
shall pay a fee for conversion of existing building or.-'-structures into
condominiums in an amount not to exceed 3.5% of the building permit valuation
at the time of conve-si on. The fee for a condominium conversion shall be paid
prior to the issuance of .a condominium conversion permit as prvided in Chapter
- - - -.'; •.-e
21.47-of the Carlsbad Municipal Code Condominium shall include coninunity
apartment or stock cooperative The terms "other construction pefnnts, "other
construction permit" and entitlement of use" as used in this agreement, except
in reference to mobile home sites or projects, shall not refer togradig
- permits or other permits for the construction street
improvements unless no other permit is necessary priorto the use of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid prior to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
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- 2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph I above. If Developer offers to donate a site or sites for public
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall, be determined
byCity prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites donated
underthis paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.,::L__
- - - -
3 This agreement and the fee paid pursuant hereto are,:--required to
ensure the consistency of the Development with the City's General Plan... f % the
fee is not paid as provided herein, the City will not have the funds to provide
public. facilitlesand services,.'and the deVeppment ?willnot be consistentwlth'
-
the General Plan and any approval or permit 'for --the' or the Development shall be void
No building or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid
4 City agrees to deposit the fees paid pursuant tothis agreement in a
public facilities fund for the financing of püblic!facilities.WheitheCity'
Council determines the need exists to provide the facilities and sufficient
funds from the payment of this and similar public, facilities : fees are
available. , . .. .
5. City agrees to provide upon request reasonable assurances to enable
Developer to-comply with any requirements of other public .-agencies as evidence
of adequate public facilities and service sufficient to accommodate the needs
to the Development herein described. ,
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Ti
5.
All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
• 7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
representative of such. party Any such notice shall not be effective for any
purpose whatsoever unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mail, addressed to the City
•
at the address set forth herein, enclosed-in -a-sealed envelope,- addressed to H
the City attention of the City Manager, postage prepaid and certified
7.2Ifnotice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified
8 This agreement, shall be binding upon and shall ensure to the benefit
:0f, and:shall apply to the respective successors and assigns äf Developer and
the City, and references to Developer City herein shall be deemed to be . - •• • • •. ••• •:.- •
references to and include their respective successors and.-assigns without
specific mention of such successors and assigns If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor of Developer's interest in the
• property shall have first assumed in writing the Developer's obligations
hereunder. •
9. This agreement shall be recorded but shall not create a lien or •
security interest in the.Property. When the obligations of this agreement have
been satisfied, City shall record a release.
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.1 .: •
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of
Tim Royalty 1• - California
(name) . .
BY;fçq By:
NY
(Title) . . - For City Manager
•
iicnir AMri _ Ac • ... . .-. •• ••• • '' '1.1.1 t.... r%.J LLJIIJ1LJINL I Ti tUt'Lt i Y
11 ••
:. :;. . .:
- ' -.•' .-
ATTEST ...
ilk - - - * - - -- -
•-, .-;. ---..-'-- -..-• - -
- ALETHA I RAUTENKRANZ, City Clerk A. --:
APPROVED AS TO FORM
:. CAT. NO. NN00627 .' ... • . .- .. .
1•- TO 1944CA (9-84) . '. . .. - - TICOR TITLE INSURANCE. NO. 201
.L:•.. fIndividual)
STATE OF CAL!
• COUNTY OF
On
before me,
re me, the undersigned, a Notary Public in and for
said State, p nally appeared t\c_t_. . .
J bi personally known to me or
.. proved to me on the basis of satisfactory evidence to be . 14C.the person—whose name subscfbed to the
within instrument and acknowledged that cxc-
•crrihd to tho
OFFICIAL SEAL cuted the same. LANA TANNER WITNESS my hand and official seal.
Signa
-
-----.------------------
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 V.ntura 8Pd. • P.O. Bøs 4625 • WeodIW Miffs, CA 91364
NOTARY PUBLIC - CALIFORNIA ,
'J77 SAN DIEGO COUNTY _executed It.
My comm. expires NOV 9, 1990
(This area for official notarial seal)
- _r•---,• - .-...................
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EXHIBIT A
LEGAL DESCRIPTION
A 1.16 ACRE PARCEL LOCATED IN THE CITY OF CARLSBAD
AT 3039 SKYLINE DRIVE. THE WESTERN BOUNDARY OF THE
PROPERTY IS ALONG SKYLINE DRIVE AND THE EASTERN
BOUNDARY ALONG HOLLY BRAE LANE IT IS LOT 13,
CARLSBAD HIGHLANDS IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. ..
2647, FILED IN THE OFFICE OF THE COUNTY RECORDER APRIL -
18, 1950. ASSESSOR'S PARCEL NUMBER IS 207-063--11.
- . - - -. . - --.--: •-' -- .-:: i..
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