No preview available
HomeMy WebLinkAboutHDP 91-23; WELDON RESIDENCE; Hillside Development Permit (HDP)CiTY OF CARLSBAD LAND USE REVIEW APPLICATION FORPAGE1OF2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT ric CJTV O Master Plan Specific Plan 17 Precise Development Plan Tentative Tract Map Planned Development Permit Non-Residential Planned Development Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map (Administrative Variance General Plan Amendment 7 Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit (' Environmental Impact Assessment Variance F7 Planned Industrial Permit F1 Coastal Development Permit Planning Commission Determination 0 List any other applications not specificed 7J_j$' 'FOR DEPT "SE O'LY) 9,1-23 2) LOCATION OF PROJECT: ON THE I (,i6T SIDE OF (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETNEEN ,J,tJo&) 7??:)_ AND 7vZ (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: r YVo. 1o'cz 4) ASSESSOR PARCEL NO(S). I 2/0 020 - / ( 5) LOCAL FACILITIES 3 6) EXISTING GENERAL PLAN ffl 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING I - I I 9) PROPOSED ZONING 10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF / 12) PROPOSED NUMBER g / 13) TYPE OF SUBDIVISION 1s RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS I 15) PROPOSED INDUSTRIAL I t014 116) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE_ A PROPOSED PROJECT REQUIRING ThAT MMTM APPUC&TIOW BE PTL) MUST BE SJBTI PRIOR TO 33O P.M. A PROPOSED PROJECT REQUIRING THAT ONLY ONE FUM LWST BE SUBIMMM PRIOR TO 40 P.K FRM00016 8/90 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I/A1 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS p 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: 7J)tj 21) BRIEF DESCRIPTION OF PROJECT: bvoP,v7 -,T iP 2- ETR- 'fs FR L oqTMc/- ai; c - -of 42 Abb 22) IN THE PROCESS OF PLANNING COMMIS.' ENTER THE P ROPE PURPOSE pRo 7cTIo,J J tA,JbC44 5 R~-CATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, W BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND cOF THIS APPLICATION. VWE CONSENT TO ENTRY FOR THIS TURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) t'k a Mlks-. Ci21-s Zo Mk, t ,s, CtiIIS MAILING ADDRESS MAILING ADDRESS 4'C T I S77 q- fl,gr- -R'7 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE fr7og7 6q, 90723 Tha& C19. 90 7Z3 2I3164L373? CF7 'l AM T1LEGAL OWNER INFORMATION MAFY THAT t AM THE LEGAL OWNER'S REPP.ESENTATWE AND THE ABOVE NFORMATION IS TRUE AND CORRECT TO THE THE AJVE MY KNOW E. THE BEST OF E. DATE 7/16/91 DATE 7/16/9 1 FOR CITY USE ONLY FEE COMPUTATION: 1, ' APPLICATION TYPE FEE REQUIRED 1 ) .0 Av 2o 00 N ______ Lyo 0 6 / - DATE BLI44jJ ECBWE9jv f7k 2)ooc) RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID // 71 91 / RECEIPT NO. ' L/ 87 I [1 ~il to NOTE ADDITIONAL FEES,. STATE DEPARTMENT OF FISH & GAME City's and Counties throughout California have recently been notified of new legislation (AB 3158, Chapter 1706, Statutes of 1990) which became effective on January 1, 1991. This law requires that the State of California Department of Fish and Game levy a fee to all project applicants (public and private) subject to the California Environmental Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife trust resources. Projects which are categorically exempt from CEQA which have no adverse impact on fish and wildlife and which are denied are not subject to the fee. All other projects are subject to the following fees: FEES Projects with Negative Declarations $1,275.00 Projects with EIR's $ 875.00 Due to State Law constraints the City of Carlsbad will collect the fee where applicable and pass it to the County of San Diego. After submission the City of Carlsbad Planning Department will make an Environmental Assessment of your application. After this initial assessment the Planning Department will notify you if the fee is required. State Department of Fish and Game P0 Box 944209 Sacramento, CA 94244-2090 (916) 445-3531 Fee.ltr El LAND USE REVIEW APPLICATION FORMS INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms the City has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the City: 1. Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. 2. Location of Project: Fill in the blanks with the appropriate direction and street names. For projects located in undeveloped areas not adjacent to streets use the nearest street from which the project will take access. 3. Brief Legal Description: Generally provide a brief legal description of the property such as; Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or, portion of Lot I of Rancho Agua Hedionda Map 1717. Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. 4. Assessor Parcel No. (s): Include all assessors parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessors parcel number(s). 5. Local Facilities Management Zone: Write the number of the facilities management zone within which your project is located. Ask for counter assistance in determining which facility zone your project is located. It is important to know which facility zone includes your project. Each facility zone must have an adopted local facilities management plan before applications can be accepted by the City. Additionally, the adopted facility plan for your zone may contain significant public facility requirements which must be met before your project may be accepted as complete or before construction permits are issued. ç 6. Existing General Plan Designation: Write down the General Plan Designation(s) for the property covered by your proposed project. Ask for counter assistance if you do not know your general plan designation. - 7. Proposed General Plan Designation: Required only if your project involves a request for a general plan amendment. If so, write in the proposed general plan designation for the property. 8. Existing Zoning: Write down the existing zone plan designation for your proposed project property. Ask counter staff for assistance if you do not know your zone designation. FRM00016 8/90 Page 1 of 4 4F go 9. Proposed Zoning: Required only if your project involves a request for a zone change. If so, write in the proposed zone designation(s). 10. Gross Site Acreage: Write down the total acreage of the property over which your proposed project is situated. Not necessary for Zone Code Amendments or Variances. 11. Proposed Number of Residential Units: Required for residential projects. Write down the total number of proposed dwelling or apartment units to be included in the project. Include existing units which are included within the project boundary. 12. Proposed Number of Lots: For tentative tract maps and minor subdivisions only. Write down the number of lots which are proposed to be created. Include remainder parcels, open space and private street lots. 13. Type of Subdivision: For tentative tract and parcel maps only. Write down the type or types of uses included within the subdivision. For example: residential or commercial/industrial. 14. Number of Existing Residential Units: Write down the number of existing dwelling or apartment units currently existing on the project site. 15. Proposed Industrial/Office Square Footage: For all projects which propose the creation of new industrial buildings. Write in the proposed gross square footage to be applied for industrial/office use. 16. Proposed Commercial Square Footage: For all projects which propose the creation of new commercial buildings. Write in the proposed gross square footage to be applied to commercial use. 17. Percentage of Proposed Project in Open Space:, Write down the percentage of gross project site acreage which qualifies as open space per the growth management standards. Not required for Variance Applications. 18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling unit (EDU) is the average of sewer generated by one house or dwelling. One EDU is equivalent to 220 gallons per day of sewer usage. Use the attached EDU chart to determine the sewer usage for your project. Ask for assistance at the counter if you are unsure how to determine your usage. For industrial projects use the following assumptions: a. Undeveloped industrial assume 30 percent building coverage. b. Improved lot industrial assume 40 percent building coverage. C. For shell or unknown industrial building usage assume 1 EDU for each 1800 square feet. FRM00016 8/90 Page 2 of 4 0 19. Proposed Increase in Average Daily Traffic (ADT): Write down the projected increase in traffic generation which will result as a consequence of approval of your proposed project. Use the traffic generation rates as determined by the latest San Diego Association of Government Traffic Generation Rate Guide (attached). 20. Project Name: Fill in the box with the name of the project. Such as Rising Glen or Aviara. If no name is proposed write in the last name of the owner or applicant plus a brief description such as Hauser Condo Conversion or Wickham Residential Subdivision. 21. Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footages or architectural details. For example: a neighborhood commercial center with two drive thru restaurants; or, a single family detached residential project; or, an industrial/office complex with three industrial/office buildings. 22. Consent to Allow Entrance onto the Property: Signature granting members of City Staff, Planning Commissioners, Design Review Board Members or City Council members permission to inspect and enter the property. 23. Owner's, Name, Address, Telephone and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. 24. Applicant's, Name, Address, Telephone and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. Application Submittal Requirements: Attached with the application form are the various submittal checklists for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. IMPORTANT NOTE CHECK ALL SUBMITTALS TO BE SURE ALL THE REQUIRED INFORMATION AND MATERIALS HAVE BEEN SUBMITTED WITH YOUR APPLICATION. INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE COMMISSION OR COUNCIL. YOU WILL BE NOTIFIED IN WRITING WITHIN 30 DAYS OF SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE. FRM00016 8/90 Page 3 of 4 Applicant Disclosure Form - All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Circulation Imp act Analysis - All applications which propose an increase in the traffic generation rate of 500 vehicles or more over existing traffic generation for the site must submit a Circulation Impact Analysis. This Analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Hillside Development Permit - A Hillside Development Permit is required for all projects with a slope of fifteen percent or more and an elevation differential greater than fifteen feet. Check with City staff if you are uncertain whether or not your proposed project site requires a hillside development permit. If required follow the instructions provided on the application form. Environmental Impact Assessment Form - All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. Coastal Development Permit - Projects within the coastal zone boundary may require a Coastal Development Permit. For most projects, application is made to the State Coastal Commission. For projects within the Coastal Zone Boundary and the City's Redevelopment Area, application for a Coastal Development Permit is made with the City. Follow the instructions on the application form. Applicants requiring Coastal Development Permits may wish to obtain a Coastal Development Permit Handbook available at the Development Processing Counter for nominal fee. FRM00016 8/90 Page 4 of 4 0 TABLE 13.10.020(c) Type of Building, Structure or Use (1) Each space of a trailer court or mobilehome park (2) Each duplex (3) Each separate apartment in an apartment house (4) Each housing accommodation designed for occu- pancy by a single person or one family, irrespective of the number actually occupying such accommodation (5) Each room of a lodginghouse. boardinghouse. hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals Without cooking facilities With cooking facilities (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty per- sons or any fraction thereof) (7) Restaurants: No seating Seating Delicatessen or fast food, using only disposable table- ware: No seating Seating (8) Automobile service stations: Not more than four gasoline pumps More than four gasoline pumps (9) Self-service laundries, per each washer Equivalent Dwelling Units 1.00 2.00 1.00 will I 0.60 1.00 1.33 2.67 2.67 plus 1.00 per each 7 seats or fraction thereof 2.67 2.67 plus 1.00 per each 2l seats or fraction thereof 2.00 3.00 .75 358-1 (C.ir1sd8-88 S c TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (10) Office space in industrial or commercial establish- ments not listed above Divide the gross floor area of the building in square feet by 1800 (11) Schools: Elementary schools For each sixty pupils or fraction thereof 1.00 Junior high schools For each fifty pupils or fraction thereof 1.00 High schools For each thirty pupils or fraction thereof 1.00 (12) In the case of all commercial. industrial and business establishments not included in subdivisions 1 through 10. inclusive, of this subsection the number of equiv- alent dwelling units shall be determined in each case by the city engineer and shall be based upon his esti- mate of the volume and type of wastewater to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permit. issued for any use hereunder, shall include a specific volume of sewage authorized for such use. If said amount is exceeded, it shall be grounds for revocation of the permit. (13) Warehouses: Divide the gross floor area of the building in square feet by 5000 359 San Diego ASSOCIATION OF GOVERNMENTS BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES FOR THE SAN DIEGO REGION 'e 800 First interstate Paz. a JANUARY 1990 Sa eg o ai'ora 92 1 0l 19 2]6-C ax '9 236-222 NOTE: This list only rsrsnts a of average, or .stmated, alttc gorisro41 rates for land uses (.mcha.is cii acrs.ge and build:rç suare footage) in the an 0490 region. Th... rates are subject to change as future documentation becomes avala1. or u local scrcs. are updated. or more .p.etflc info mon regarding traffic data and trip rates, plea.o refer to the San Diego Trflc Generator. 'narisai. Always check with local jurisdiction* for their preferred or appliCable rates. ESTIMATED WEEKDAY VEHICLE HIGHEST PEAK HOUR S (pEi.at IN OUT r) LAND USE TRIP GENERATION RATE Between 79 A. M. Between 4.-S P M Agnoultur. (Open Space) 21acr.' Airports Commercial 121acre, 100/flight. 10/1000 sq. It 6% (6:4) 7% .5 51 General Aviation 4/acre. 2 flight. 6/bss.d aircraft* Heliport. 100/acre" Automobile Car Wash 90010(t.. 600/acre" 4% (55) 9% 5 5) Gasoline 7501station. 130/pump" 6% (5:5) 12% t5 5) Sal.. (Dealer & Repair) 4011000 sq.ft.. 300/acre. 6O/s.Me. stall'" 5% (6.4) 10% 14 61 Auto Repair Center 20/1000 sq. ft. 4001acre, 201service stall' Banking Bank(Walk-inonly) 150/1000 sq. ft. 10001acre" 4% (73) 5% (4 5) Bank (w/Oriv..threu;h) 200/1000 Sq. ft. 15CC/acre' 300/(150 on.ay)/)an.' 5% 3% (6:4) 10% (5.5) 13% (55) Drr're.through only Savings & Loan 60/1000 sq. ft. 600/acre" 3% 9% Drive-through only 100 (50 one-way)/tame" 4% 15% C.m.ten.e 5/acre' Church (or Synagogue) 15/1000 sq. ft. 40(acre" (tripfs rates 4% (L 8% 55) for Sunday, or days of .enlbiy) Comm.rcial/R.tail Canters Super Regional Shoppng Center 40/1000 sq. ft. 400/act.' 2% (7:3) 9% (5:5) (More than 80 acres, more than 600,000 sq. ft. w/usuafly 3+ major stores) Regional Shopping CO~ 50/1000 sq. ft. 500/acts' 2% (7:3) 9% (55) (3040 acres, 300. 1000 sq. ft.. w/uivally 24 malor stores) Community Shop" Center 70/1000 sq. ft. 7001acrea** 3% (64) 10% (5.5) (10-30 acres, 100,000400,000 eq. ft. w/uaually I maor store and detached rsatauran Nalghborhood ShoppIng Cett 120/1000 sq. ft. 1200/acre" 4% (6:4) 11% (5:5) (Low Ow 10 acres, lees then 100,000 eq. ft. 'ueeadly _ccsiy store & dmu Commisu lsps 4011000 eq. ft. 400/acts' 3% (6:4) 9% (5:5) 3i'Oiuitsili 150/1000 sq. ft 20001w." 4% 1% (7:3) 11% (5:5) 5% (5.5) Cant_Jaiu &t 500/1000 sq. ft's (5$ 0115551W . 70/1000 sq. *. 100/acts" 2% (64) 10% (5:5) 9% (5:5) Fun*e Iwo . 811000 sq. ft. 100/sore" 4% (6:4) LumOst 611re KardwairwIliaNt Store 30/1000 eq. ft. 150/acre" 8011000 sq. ft. 600/acre" 7% 3% (6:4) (6:4) 9% (5:5) 9% (5:5) 40/1000 ft. 90/scsi" 3% (6:4 10% (5:5) Garden Plureesy sq. Educon UnIversIty (4 yw$ 2.51dent. 100 acre' 10% (Sil) 9% (3:7) 5% (3M Junior Colleg. 2yeare) 1.81*ldsnt. 50/' 12% 20% (611) 1 14% (3:7) High School 1.455,idsr*, 80/acre' 24% (711 7% (3:1) MIddle/Junior High E.ntasy 1 .W*ldst*. 40/acts" 1.41*ids,*. 90/acts" 26% (6:4) 5% 3:fl Day 3/Child, 70 1 ft" 11% (L(6 16% (5:5) HoapItale General 20/bed, 20111000 sq. ft. 200/sore' 9% (S3) 11% (3:7) CorwaleecenvNurelng 3/bed" 51A MEMBER AGENCIES: Cities of Carlsbad. Chula Vista. Coronado, Del Mar, El Colon, Encin'tu, Escondido. Imperial Beacri La Mesa. Lemon Grove, National City, Oceanside, Poway, San Diego. San Marcos. Santos, Solana Beach. Vista arid County of San Diego ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defers. and Ti)uanalSa;a California None 4P lndustal (ndusOiaWusln... PcrI a---sm,ø i Oil 000 eq. ft., 200/act.' Industral Psg* (no 1_AIIILSIIIIS 511000 sq. ft., 90cr.• (ndusal PIerS (rm* iIiIIW i0/1 sq. ø, 120/a' manuiacturimolAsewift 411000 sq. ft., Mews- Warehousing 511000 SQ. ft., $0/icr." Storage __ 2/1000 sq. ft. O2JvauS. 30/a30140100_ Science R...stch & _O11*nt $/1000 sq. ft. 80/act.' Library Lcdging -lotsi (w/converTOfl i.clrti.o/re.tautit Motel Resort Hotel Military Offices Standard Commercial Office (Iesa than 100,000 sq. ft.) Large (high-rise) Commercial Office (met. than 100.000 sq. ft.) Corporate Office (single ussr) Government (Civic C.eit.r) Pest Office Oscsttment of Motor Vehicles Medical Parks City (developed) Regional (undavsiop.d) Neighborhood Amus.ment (Them.) San Diego Zoo Sea World Recreation Beach, Cassel or Bay Beech. Lake (fresh wate) Bowling Center Campground Golf Course Mwlnu Pacquetbmli/)'lealth Club Tennis Courts Sports FaciliSes Outdoor Stadium Indoor Arena Racetrack Theater. (multiples) ResidentIal Single Family Os*achd (average 4 DU/acra) Condominium 2 (or any mulWamsly lees than' 00U/scre) Apaenta than 20 Wwo MobileHome Family Adulta Or Rural Estma Cøngr.gat, C FsI' Quality ___ Sit dom Wi , high sr Fast Food dih.4wouqh) Tran.ps.tod.n Foofto Sue Ospat Truck Terminal W Pat Tim" Swoon FA4 4011000 sq. ft. 400/act." 101room, 3004cre" 91room, 200/acre' 5/room, I 00/acre' 2.5 military & cMlian pweonnel' 2011000 sq. ft., 300/act.' 17/1000 sq. ft.. $00/acm' 10/1000 sq. ft.. 140/acts' 30/1000 SQ. ft" 15011000 sq. ft" 15011000 sq. ft.. 5001acts" 50/1000 sq. ft., 500/acre' 50/act.' 5/acts' 5/acre' SC/acre, 130/acre (summer only)" 115/acre' $0/acre' 600/1000 It shoreline, 60/acm' 50/1000 ft. shoreline, 5/acre' 30/lane, 300/acre" 41campsite" 8/acre, 500/course" 4/berth, acm'" 40/1000 eq. IL. 300/acre, 40/court' 30/1000 sq. IL, 301court" 50/icr.. 02/seat' scre, 0.11seat' 40/acts, 0.6 seat' 50/1000 sq. ft. 1.8/0eat" 10/dwelling unit' 8/dwelling unit" Wdwsng unit' 5/r*,ill$flg unit. 40/acre' 3/J.usitlng unit, 20/acm' 4/d On unit" 121dwelling unit" 3/.1Png unit" 10011000 sq. 5., $00/acts"' 300/1000 eq. 5,, 1200/we" 100/1000 sq. 5.. Xwe"' 20/1000 sq. 5." 10/1000eq.*.,I0/we 170/birth, 12/acre" 300/acre" S 12% (92 11% (9:1) 14% /92 30% /9:1) 15%: 5%: 1e, (9:1 2% (7'3) 5% (6:4) 9% (9:1) 14% (9:1) 13% (9:1) 15% 9% 7% 8% (6:4) 8% (5 7% (7:3) 4% 6% /92 3% 4% (G:4) 4% 0.3% 6% (9 5%: 5% : 3% 01.4) is 5% 4Ø 14% (7:3) 12% (2:6) 12% (2: 15% (3: 30% (1: 25% (4.6) (5:5) 14% (1.9) 10% (5:5) 7% (4,6) 10% (2:6) 13% (25) 14% (28) 15% (19) 12% (3M 11% 45) 10% 3.7) 10% (46) 8% 9% (3: 9% (3. 5% (6:4) 11% (5:5) 8% (7:3) 10% (7:3) 10% (7:3) 11% (7:3) 12% 6:4 10% 6:4 5% (5:5) 8% (7:3) 5% (6:4) 6% /9:5) 18% (3:7) 4% 11% (4:6) • Primary source: Son Disp Ti'uTc GanerWe. "06w sources: /7! lWp QaniraUon fl.pc4 T,p Oins,aon (oitw sgenca), berlota $4PG*G 4 CATROM sitss. r'pOfts Go S COAST WASTE MANAGEMENT, INC. PHONE 753-12 5960 EL CAMINO REAL. P 0 BOX 947, CARLSBAD, CALIFORNIA 92008 or 4524810 The following information regarding three (3) cubic yard refuse bin enclosures is offered as an aid in planning new projects or developments and to define our liability with respect to servicing customer owned enclosures. These recommendations are based on our experience in handling three (3) cubic yard bins, The meas- urements of a three (3) cubic yard bin are seven (7) feet wide, five (5) feet high, and four (4) feet deep. 1) If the bin is to sit on a slab, the minimum inside dimensions of the slab should be ten (10) feet wide and seven (7) feet deep. It is extremely important that the slab be at the same level or grade as the street or parking area to facilitate the rolling of bins for loading positioning. 2) If your bin is equipped with wheels, it is very important that the slab it sits on be level. Wheeled bins can be moved by jarring or pushing and a sloped slab can cause them to roll, resulting in possible damage to enclosure walls, doors, vehicles, or injury to people. 3) It is necessary to move bins in order to dump them, please keep in mind: A) Empty bins weigh 550 lbs. B) Full bins weigh 800-1,400 lbs. C) Bins can be rolled on flat areas or gradual inclines only. They cannot go over curbing, ledges, raised sidewalks odirt D) If bins must be mo'iéd more than ten (10) feet to be serviced, an additional charge will be made based on the time and distance involved. 4) If the bins are to be kept in an enclosure, It Is recommended that: (See Page 3) A) Enclosures be structurally strong. B) Enclosure slab should be level or on the same grade as the approach to the bin. C) One of the following methods of protecting the inside of your enclosure from damage by a bin should be used: 1) Install a 2" x 12" board, mounted directly behind and to the side of all surfaces that the bin may come into contact with. This board should be mounted so that its center is located approximately 4 x 4 1/2" above floor level. 2) Additionally, a 4" x 4" x 7' piece of angle iron bumper, bolted or otherwise securely fastened directly to the floor. Please keep in mind that if a wooden bumper is used, we cannot be responsible for normal wear, tear and deterioration of the wood. All floor bumpers should be placed at least 8" from the base of all surfaces lying directly behind and to the sides of the bin. D) If gates are used on the enclosures, they should be mounted so that they swing fully open with no protrusion into the path of the bin. This is best done by mounting the gates on the front edge of the side wails. (See page 3). The gates should have either chains and hooks or pin stops at their full open point to hold them open to allow the bins to be moved In and out without damaging the gates or doors. Construction should be heavy duty. Page 1 CO WASTE MANAGET, INC. PHONE: 753-9412 5960 EL CAMINO REAL, P. 0 BOX 947, CAR LSBAO, CALIFORNIA 92008 or 452-ItlO E) If wooden frame enclosures are built, the door framing and hinges should be bolted together as nails and screws do not hold up under constant use. Keep in mind tenants will be going in and out of the enclosures thousands of times. F) These recommendations are based on one (1) bin per enclosure. If you are planning on more bins per enclosure, we will be happy to assist you in working out the dimensions. G) If an enclosure must be some other shape than that indicated in the enclosed diagram, please call us for additional recommendations. 5) For planning purposes in setting up refuse storage areas, these standards should be me': /3'4 - A) Minimum overhead clearance for approach to the bin should be sixteen (j21 Iee This clearance is also required at roof lines such as overhanging car ports. B) Minimum driveway width for straight through drive and pick-up is fourteen (14) feet. Eighteen (18) feet is required when a truck has to back out. C) Concrete or asphalt drives should be of sufficient strength to accommodate 54,000 lbs. distrib- uted on ten (10) wheels. D) A minimum radius of 36 feet should be provided in areas where a turnaround is required to exit. 6) Slab construction specifications will vary according to methods of construction. Please provide this information to your contractor to insure adequate slab strength. 7) If the bin is to be in an unenclosed area, but against a structure, it is recommended that the curbing or wall protection recommended to protect the inside enclosure walls be adapted to provide protec- tion for the structure. 8) The extra weight of the bin on the front of the truck when the bin is picked up can damage pavement in front of the bin. The best protection is an 8' x 4' concrete slab able to accommodate 20,000 lbs. on 2 wheels in front of the bin area. We hope that these guidelines and recommendations will help you in your planning. Please be advised that Coast Waste Management, Inc., et al cannot be responsible for damage caused by inadequate construction or protection methods. If you have any further questions regarding refuse removal, slabs, enclosures, or if you would like us to look over and/or assist you with your plans, please call 753.9412 or 452-9810. Page 2 S RECOMMENDED SPECIFICATIONS FOR REFUSE TRUCKS IN OR AROUND COMMERCIAL BUILDINGS, APARTMENT BUILDINGS, CONDOMINIUMS OR MOBILE HOME PARKS Unfortunately, most builders or designers do not give adequate consideration to the design of ingress and egress of commercial refuse trucks. Therefore, we hope that the following information will be of help when considering a commercial or residential building. 1. GOSS WEIGHTS A loaded trash truck has a gross weight of 50,000 to 52,000 pounds. (25 tons + or -) 2. STREET SURFACES Most driveways and access roads to commercial buildings, apartment buildings and condominium buildings are not designed to support such heavy loads as indicated in Item #1. A driveway must have at least 6 inches of a good grade of decomposed granite as a base with a topping of not less than 4 inches of asphalt. 3. DRIVEWAY WIDTHS A driveway must be not less than 20 feet wide with no parking allowed. Typically, some cities allow 24 feet wide streets with no parking; 30 feet wide streets with parking on one side; 36 feet wide streets with parking on both sides. Streets in a mobile home park are, by State Code, 30 feet wide with no street parking allowed. 4. OVERHANG HEIGHTS No overhang, such as wires, tree branches, building eaves, may be lower than 13 feet, 6 inches. By the trash con- tainer area, there must be no overhang whatsoever because a typical front loader refuse truck needs in excess of 20 feet in height. GATE if ) IH 1 • T " 4F 5. TURNING RADIUS Refuse trucks are typically four types: 1. Front Loader 30 feet long 2. Side Loader 32 feet long 3. Rear Loader 23 feet long 4. Roll Off 32 feet long To provide adequate turning radius, area is required (Not less than 80 Since it is not always practical to turning area, it is often necessary in and out. A straight run should trash receptacle area. obviously a large feet in most cases). provide such a larce to do excessive backinc always be provided to te 6. TRASH BIN ENCLOSURES Many problems are encountered because of improper size and design of trash enclosures. For proper sizes, an enclosure must be not less than the following dimensions: Interior length 102 inches Interior width 65 inches Height 68 inches Trash bins are, by nature, clumsy and bulky. To avoid damage to the enclosure, it is strongly urged that an interior 6 inch high curbing be installed as a guide to prevent the bin from bumping against the superstructure. TOP VIEW BIN ENCLOSURE TOP VIEW NOTE: FLOOR OF ENCLOSURE MUST NOT BE RAISED ABOVE DRIVEWAY OR STREET GRADE. SIDE VIEW 4$ n S I Issuing Office: CHICAGO Title Company 925 "B" Street San Diego, CA 92101 (619) 239-6081 CHARLES R. WELDON 12749 Norwalk Boulevard Suite 104 Norwalk, California 90665-1 ATTN: CHARLES WELDON FAX: (619) 544-6292 Your Ref: D-553194/CARLSBAD Order No: 927140 -03 Dated as of September 5, 1991 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Standard Extended Coverage Coverage California Land Title Association Standard Coverage Policy American Land Title Association Owner's Policy A.L.T.A. Residential Title Insurance Policy American Land Title Association Loan Policy F Other: cr Title Officer, Bob Stewart 544-6218 OrdeNo: 27140 -03 1 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CHARLES R. WELDON and LOU ANNE WELDON, husband and wife, as joint tenants 3. The land referred to in this report is situated in the State of California, County of San Diego and is described as follows: Lot 16 of TIERRA DEL ORO SUBDIVISION, City of Carlsbad, County of San Diego, State of California, as shown on Map No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954. EXCEPTING THEREFROM that portion now or heretofore lying below the mean high tide line of the Pacific Ocean. Order' No: 927140 -03 1 Page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1991-92 which are a lien not yet payable. B 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Senate Bill No. 813 (1983) of the State of California. C 3. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded: February 4, 1954 in Book 5132, Page 44, Official Records D Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. E 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: SAN DIEGO GAS & ELECTRIC COMPANY Purpose: Public utilities, ingress and egress Recorded: June 14, 1955 in Book 5673, Page 367, Official Records Affects: The Northeasterly 25.0 feet of the Southeasterly 4.0 feet of said land F 5. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means, or has accreted to such portions so created. 6 END OF SCHEDULE B H NOTE NO. 1: We will require a statement of information from the parties named below in order to complete this report, based on the affect of documents, 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: CHARLES WELDON (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 Order No: §i7140 -03 1 Page 2 SCHEDULE B (continued) of information assists the Company in the elimination 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.) NOTE NO. 2: Property taxes for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 1990-91 lst.Installment: $490.12 2nd Installment: $490.12 Homeowner's Exemption: $None Land: $86,395.00 Improvements: $ None Personal Property: $None Code Area: 09000 Parcel No: 210-020-16 J NOTE: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. K gmd Dr . I WERRA 0, ' Ob M4& Jacz This is not a survey of the. land, but is Compiled for information only, nor is it a part of the report or policy to which it may be attached. TITLE INSURANCE AND TRUST 220 "A' Street San Diego, Cal'fornja 92101 . I LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to Us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. S S . S AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resultingin no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resultingin loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise -by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by-an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 0 CITY OF CARLSBAD 1200 CARLSBA ILLAGE DRIVE CARLSBAD, tfIFORNIA 92008 438-5621 REC'D FRO / 9219 9/9/512 J-DATE _ t) / fi&f- / F ACCOUNT NO. DESCRIPTION AMOUNT - At iri / ( RECEJPTNO.i672O TOTAL CITY OF CARLSBAD - 1200 CARLSBAI?VILLAGE DRIVE CARLSBAD, C ORNIA 92008 438-5621 REC'D FROM A DATE-/J- ACCOUNT NO DESCRIPTION AMOUNT j)//1 (;•_ _______ ___ _______________ 5181:L1/09/91 001 014/fl - RECEIPT NO.8487 TOTAL - PLEASE NOTE: Time limits -on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine Whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it isincomplete/the letter will state what is needed to make this applicatipn complete.. When/the application is complete, the processing period will start upon the date o the completion letter. '(Applicant Signature: - ( c_I Staff Signature: Date: To be stapled with receipt to application Copy for file Fl. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: 4/ZJo/3 IjC-;_E APPLICANT NAME: au Lo ci 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. The subject project site is located along the coast in the Tierra Del Oro Subdivision of the City of Carlsbad, south of Agua Hedionda Lagoon and the SDC&E Encina Power Plant facility. Proposed is the development of a 2-level, wood frame, single family residence, approx- imately 40 x 50 feet in plan dimension. The house will be above and below grade with westward projecting tiered decks. The estimated finish floor elevations for the house will be +45.08' and +35.87' (MSL Datum) for the upper and lower levels respectively. The proposed residence and decks will be located behind the stringlines created by the existing residences adjacent on the north and south. The site is the last vacant shorefront site in the subdivision. The extreme west edge of the site is exposed to the Pacific Ocean and has an approximately 15 foot high nearly vertical eroded slope face of terrace deposits which descends to the shoreline. At the toe of the slope is an exposed level shelf, which is fronted 20 to 25 feet out by a berm of cobbles. Adjacent to the project site along both the northern and southern property boundaries are developed residential lots which have rock revetment at the shoreline. Proposed for the subject site is a similar rock revetment to be constructed to tie into the adjacent revetments. Backfill is proposed between the rock revetment and the nearly vertical eroded slope to provide a buttress (with a maximum slope of 2:1). Other proposed work includes: (1) removal of existing vegetation and obstructions and fences within the development area; (2) site grading (cut and fill total of 730.5 cubic yards); (3) filling and backfilling including landscape and planter areas; and (4) finish grading. The front yard setback proposed ranges from 10' to 32 1 -10" and conforms with the City Zoning Ordinance Section 21.46.070 (see Survey of proper- ties by Brian Smith Engineering, dated 9/4/91). The sideyard setbacks are 5 1 -011 . A Variance is being requested with this application, to allow for the decrease on both sides from the 6 1 -0" required by the City Zoning Ordinance for R-1 lots. R.v. 4/91 ProjDeecfrm 0 S RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) (Formerly Elm Avenue) ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 210— O29 /4 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this I day of /V'1L, 19 < ( by and between CHA1LE R. r. TOtI ANNE WETDON (Name of Developer-Owner) a c) u Ell s , hereinafter referred to as 'Developer" (Corporation, Partnership, etc.) whose address is 8405 IvesStreet,Paramount,CA 90723 (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 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached 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: 2storySFR with garage on said Property, which development carries the proposed name ofN/A and REV 11/90 1 . is hereinafter referred as Development"; and WHEREAS, Developer filed on the ? day of 'L' . 19L with the City a request for e-v-- --z7r-- J'-"--'---'c 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 No. 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. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, 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 be constructed in 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. REV 11/90 2 . S 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. Developer 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 conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to 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. 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 1 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 by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Tides 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the REV 11/90 3 S development will not be consistent with the General Plan and any approval or permit for 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 to this agreement in a public facilities fund for the financing of public facilities when the City 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. 6. 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 the City attention of the City Manager, postage prepaid and certified. 7.2 If notice 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 of, and shall REV 11/90 4 apply to the respective successors and assigns of 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. REV 11190 5 OFFICIAL SEAL MARIA S. LJOS ANGELES My Comm. Lve. AprIl 23, -- ACKNOWLEDGMENT—Genoral—Wolco(ts Form 233CA—Rev 5-82 ©1982 WOLCOTTS, INC (price class 8-2) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal. 4 ( Notary Public in and for State. 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 California Charles &Jou Anne Weldon MARTIN ORENYAK Owner For City Manager (Title) By: (Title) ATTEST: ALETHA L. RAUThNKRANZ, City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF e'c On this / (O day of - before me,,thp unersign, a ______________ in the year 19_ in fnd for said State, personally appeared 0 % IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Charles &Jou Anne Weldon CITY OF CARLSBAD, a municipal corporation of the State of California MARTIN ORENYAK Owner For City Manager (Title) 2W2 (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF C On this C9 7 day of in the year 19 the ,undersigned a Notary Puc in and for said State, personally appeared beforL 1JCRCIAL SEAl, 11111100M PUMC-CALWOMM LOGANGEMCOLWIT WITNESS my hand and official seal. ACKNOWLEDGMENT—Genera)_Wolcotts Form 2335A—Rev 5-82 Notary Public in or said State. ©1982 WOLCOTTS. INC (price class 8-2) MANA t ORTIZ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ subscribed to the within instrument, and acknowledged to me that _he_ executed it. V . , f 0 % EXI-11BIT "A" LEGAL DESCRIPTION Lot 16 of Tierra del Oro subdivision, City of Carlsbad, County of San Diego, California, as per map no. 3052 filed in San Diego County 2/4/54. REV 11/90 7 DEVELOPMENT w COMMENTS PROJECT NUMBER 1. 2. Slope Analysis (5 Copies) 3. Slope Profile (5 Copies) 4. Environmental Impact Assessment Form (Separate Fee required) 5. Site Plan, Grading Plans, Preliminary Landscape Plan, Building Plans, Elevations (5 each) Disclosure Statement 7'itle Report (3 Copies) 8. Application Fees. (Planner to include Application Number and Account Number on receipt) ~~7 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 given to data entry as soon as possible on the same day they are submitted. DATE SIGNATURE FRM00011 4/91 Page 5 of 5 HILLSIDE DEVELOPMENT PERMIT 16 HILLS—QE DEVELOPMENT PERMIT AMENDMENT OR 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 proposed pthjèctrequfringthitiriultiple applications be filed must be submitted prior to '3:30 p.m. A proposed project requiring that only one application be filed must be submitted pnc'r to 4:00pm, 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 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 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 o OI ? El rr ocic. bcLsd( 28.1 3O.o7 (2) 15% to less than 25% slope .0oii-El 22 (3) 25% to less than 40% slope 0 l] 0 El (4) 40% or greater slopes (g) Jo :1 1?&j-jr •0069fS Indicate the acreage of land in each slope category TOTAL 6.±92j 100% FRM00011 4/91 Page 1of 5 % Sb Vertical Distance x 100 - Horizontal Distance 4b (Distance between contour intervals) 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 }he Carlsbad Municipal Code for additional requirements. 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 ofiles, 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 ubic Yards of Cut or Fill ading per Acre of R ie Sensitivity of cut and Fill Area (in Acres) Hillside Grading Volume 4-1 o - 7,999 Cubic yds./acre Acceptable 8,000 - 10,000 Cubic yds./acre Potentially acceptable > 10,000 cubic yds./acre 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. ,-' Environmental Impact Assessment Form (separate fee required). ' V Vy' Th. Public Facility agreement: Two (2) copies: One (1) notarized original, and V\ // one (1) reproduced copy. (separate fee required). completed "disclosure statement". j. Three (3) copies of a preliminary title report (current within the last six (6) months). 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. 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. FRM00011 4/91 Page 3 of 5 0 6 (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. /5. d. That development is consistent with the provisions of Section 21.53.230 and 240 of the Carlsbad Municipal Code. Submit a completed "Project Description/Explanation" sheet. I- FRM00011 4/91 Page 4 of 5 Im - rrs* &-k 4v I n - - - - not - j4.4 - _•a_. *4i, •, . - ---; ?1 I. '' •T'u'!14 r.I tQ - • ' 71 p : A ' A. c' • L i LJ 4 yr k 'b '• ,1 ,4..; S V c kA •T 7 tj 0' 10 ,.. ..v I) ' 'è•. I I Al" 1' I S L - • '. .. p; •; •- • •' , •' A: • : :;, . '•' :? '•- :.•'• , •1 v : •: :• •.•• ;.. •:' ,ç c. Ija ' 4ll W - • ,'c i. •. I t . I 1:11 I II 4P IWI rj - 4 1 - Nv~&, 4 Abb., 4j S ••f_ .-. - ,1ilI - • - '---- .- .1 I I• • • I gA •__- •- • Irk ION • •, ..frP•44 ;• -:-• IL pot SF - I- 'I •'f•l r.r. .*..I 41 •.k - I ' . , r •- ;:;- I - - • • ,•Je• r • .4j (,•w I IxP I •, ; •) a Qf : A,s4 ~.- ®R ,' ...' 4 1•• L *• :r '.4 •. .•,--•. I • ', _••z , •• A ;: •1 L