HomeMy WebLinkAboutHDP 91-24; SUNNY CREEK ESTATES; Hillside Development Permit (HDP)4) ASSESSOR PARCEL NO(S).
5) LOCAL FACILITIES
MANAGEMENT ZONE
8) EXISTING ZONING
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
I 209-060-59
15 (6) EXISTING GENERAL PLAN
DESIGNATION
IR-1 -20 9) PROPOSED ZONING
12) PROPOSED NUMBER 3 6 OF LOTS
AIL Adkk
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- CT? OF CARLSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
R E? USE ONLY) SE
Master Plan
Specific Plan
rec:se Development Plan
encarve ract Map
?lanned Deveiopment ?err.it
O Non-Residential Planned Development
Condominium Permit
O Special Use Permit
Redevelopment Permit
Tentative Parcel Map
O Administrative Variance
O General Plan Amendment
Local Coastal Plan Amendment
Site Development Plan
Zone Change
O Conditional Use Permit
Hillside Development Permit
Environmental Impact Assessment
Q' Variance
Q Planned Industrial Permit
O Coastal Development Permit
O Planning Commission Determination
O List any other apolications not SDeC2ñced
I 9/-
2) LOCATION OF PROJECT: ON THE I EAST SIDE OF I EL CAMINO REAL
(NORTH. SOUTh EAST. WEST) (NAME OF STREET)
BETWEEN I (DLLDE BLVD. AND (FARADAY AVE. I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I The Remai Parcel of CI' 83-36 Unit No. 1 in City of Calsba
of San Diec State of California xlinct to map No. 11242 filed with County Reèorder,
(P114 (7) PROPOSED GENERAL PLAN IRU'I
DESIGNATION
IR-1-201 10) GROSS SITE 147.261 ACREAGE
13) TOE OF SUBDIVISION
(RESIDENTIAL
COMMERCLAJ.
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS T 0 I
15) PROPOSED INDUSTRIAL N/A (16) PROPOSED COMMERCIAL
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
N01t A FROPOM PROW REQUOUNG. THAT IgLT2 pa= MW at sUneffM PRIOR TO 330 PM. A PROPOSM PROJECT
REQL2fG ThAT ONX ONE M?UCA114 89 PUM ba= 09 SUNbKTM PRWK TO 4= PAL FRM00016 8190
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE z
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED.SEWEP. USAGE IN EQUIVALENT DWELLING UNITS
L3 6
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC T360
20) PROJECT NAME: L Sunny Creek Estates
21) BRIEF DESCRIPTION OF PROJECT: 36 UNIT CUSTOM SINGLE FAMILY DETACHED
HOUSING DEVELOPMENT AND OPEN SPACE.
S o
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY-FOR MEMBERS OF CITY STAFF,
PLANNING COMMISSIONERS DESIGN REVIEW 3OAR.D MEMBERS, OR CITY-COUNCIL MEMBERS TO INSPECT AND
£NTER THERP_ THAT THE SECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE' S - SIGNATURE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
Sunny Creek II, a California Gen. Partnership Sunny Creek II, a. California Geri. Parthershi
MAILING ADDRESS MAILING ADDRESS
5850 AVIA ENCINAS SUITE A 5850 AVENIDA ENCINAS SUITE A
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
CARLSBAD, CA 92008 (619) 438-3141 CARLSBAD, CA 92008 (619) 438-3141
CERTIFY THAT I AM THE LEGAl. OWNER I CERTIFY ThAT I AM THE LEGAL. OWNERS 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 3UI OF BEST Of MY KNOWLEDGE.
MY IQLOWWGE.
SIGNATU DATE /G7 DATE L6
FOR Cm' USE ONLY Receivec
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
4th
21&-3 , (fqo
Pff Ic 00
c7 9/--i 70 10 C-1
CITY OF CARLSBAD
DEVELOP. PROC. SERV, DIV
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
)cC fRc1ç
TOTAL FEE REQUIRED
I 3,20(X7]
DATE FEE PAID RECEIPT NO.
Fo'ln No. 1068•1 (Rev. 7/90)
Exhibit A to r'relixmn2ry Report
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AMEj
/C .4
CM
Preliminary
Report
First American Title Insurance Company
EXHIBIT A
LIST OF VV0 EXCEPTIONS AND EXCLUSIONS (BIicy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or 1 0nses) which arise by reason ot
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies Im or assessments on real property or by the public records. Proceedings by a public agency
may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests oi clairris which are not shown by the public records but which could be ascertained by an itapection of the land or which may be asserted by Pam in ion thereat
3. Easements, liens or encumbrances, or claims thereof, wticIi 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 nglfls, claims or Ufle to water, whether or not the matters excepted under (a), (b).
are shown by the public records. o
D(CUJSIONS 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 mning law& ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoxn-
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 chmge in the dimensions orates at the land or any parcel of wn-=–
the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, emept to the exterit that a notice of the enforcement thereof or a
of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at 00 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 violon or alleged violation arte=
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 fatting which has occurred prior to Date of Policy
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 worded in the public records at Date of Policy, but created. sittlemed, assurned or agreed to by the insured claimant
(b) not known to the Company, not recorded in the public records at Date of Policy, bit known to the insured clifirrairit and not disclosed in writing to the Compaq by fitelflatied CW= MW to the date the
claimant became an insured under this policy:
(c) resulting in no loss or damage othe insured claimant
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage- which would not have been sustitinet! if the insured claimant had paid value for the insiM mortgage or for the estate or interest invited by this Policy.
4. Unentorceability of the lien of the insured mortgage becarmepf the inability or failure of the insured at Date of Policy, or ft inability or failure of any subsequent owner of the indebtedness.to comply with the acc::
'doing business laws of the stale in which the land is situated.
5. Invalidity or unentorceahility of the 11th at 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
or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured tire estate or interest insured by their policy or (tie transaction creating the interest of the insured lender, by reason of the opertion ci
bankruptcy, state insolvency or similar creditors' ngflts laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 4-6-90)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land. or regulating the c.—
dimensions or location of arty improvement now or hereafter erected on the lind, or prohibiting a separation in ownership or a re6iction in the dimensions of area of the land. Or the effect Of arty viOlat'011 7
such law, ordinance or goverrimeoW regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances. ad,&se claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant (b) not Mown to the Company and not shown by the public records br.:'
to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the CaO =
insured claimant became an insured hereusder, (C) resulting in no loss or damage to the insured claimant (d) attaching or created subsequent to Date of Policy; or (C) resulting in loss or damage which wor.
have beer7 sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. , 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' rrgr
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 4-6-90)
WITH REGIONAL EXCEPTIONS
When the American Land ThIe Association policy is used asa Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to
appear in the policy..'
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Fart One:
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.
.2. . My tact, rights, interests, or claim which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquity'ol persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundarylines, shortage in itrea, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water.
0 6 Any lien, or right to a lien: for services, labor or material heretofore or hereafter furnished. imoosed by law and not shown by the public records
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ORDER NO. 1031656-11
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
NOVEMBER 6, 1991
RUSSELL GROSSE DEVELOPMENT
5850 AVENIDA ENCINAS, SUITE A
CARLSBAD, CALIFORNIA
ATTN: NANCY
YOUR REF: REMAINDER PARCEL, SUNNY CREEK
OUR ORDER NO. 1031656-11
I
el
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS 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 TnREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NO
SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN. 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 HEREIN. COPIES OF THE POLICY_FRMS
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 T ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF NOVEMBER 4, 1991 AT 0 A.)!. - DI
ROVPROVENCE/RMF — TITLE OFFICER
DIRECT DIAL PHONE 231-4652
PAGE 1
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ORDER NO. 1031656-11
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
SUNNY CREEK II PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FOR)! WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR. THE FISCAL YEAR 1991-92, NOW
S PAYABLE. . ....
2. DELINQUENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1990-91
AND SUBSEQUENT DELINQUENCIES. AMOUNT TO REDEEM PRIOR TO OCTOBER
31, 1991, I $20,487.30, NOVEMBER 30, 1991, IS $20,751.90 AND
DECEMBER 31, 199.1 1 IS $21,016.50.
3. THE .LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3 .5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
4. SUPPLEMENTAL TAXES:
THE RQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
S. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF VARIOUS
PARTIES, RECORDED JULY 29, 1936 IN BOOK 541, PAGE 244 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
PAGE 2
ORDER NO. 1031656-11
ALL ROADS AND RIGHTS OF WAY NOW EXISTING OR TRAVELLED OVER AND
ACROSS ANY PORTION OF SAID LOT "B"; TOGETHER WITH ADDITIONAL
RIGHTS OF WAY NORTHERLY FOR THE EXISTING ROAD ACROSS THE LAND OF
ALICE MORRISON, TO THE TRACT PARTITIONED TO ROBERT S. KELLY, AND
FURTHER HEREBY GRANTS THE RIGHT AND EASEMENT TO INSTALL ANY
POLES, WIRES, PIPES OR SIMILAR UTILITY STRUCTURES OVER AND ALONG
ANY OR ALL OF SUCH RIGHT OF WAY.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED OCTOBER 20, 1948 IN BOOK 2988, PAGE 452 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B"; THENCE SOUTH
0°06' EAST ALONG THE WESTERLY LINE THEREOF; 1,093.5 FEET; THENCE
SOUTH 87 0 45' EAST, 1,133.0 'EET; THENCE SOUTH 13 0 12' WEST,
1 1 264.61 FEET; THENCE SOUTH 61 0 07' EAST, 824.25- FEET; THENCE
SOUTH 79 0 24" EAST, 436.35 FEET, MORE OR LESS, TO A POINT ON THE
'WESTERLY LINE OF THE ABOVE DESCRIBED. PROPERTY WHICH POINT IS ALSO
THE TRUE POINT OF BEGINNING OF THE ROUTE OF RIGHT OF WAY HEREIN
DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 79 0 24'
EAST,' 2.0 FEET; THENCE SOUTH 69 0 39' EAST, 240.0 FEET TO A POINT
HEREINAFTER KNOWN AS. POINT "A"; THENCE CONTINUING SOUTH 69 0 39'
EAST, 2972 FEET;. THENCE SOUTH 66 0 39' EAST, 581.91 FEET; THENCE
SOUTH .82e391 EAST1 895.30 FEET TO THE EASTERLY LINE OF HEREIN
DESCRIBED PROPERTY. - -
ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 7 0 09' EAST,
197.52 FEET. -
7. AN' EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT
'
(5k INGRESS AND
EGRESS IN FAVOR OF SAN .DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED APRIL 19, 1951 IN BOOK 4063, PAGE 117 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE' NORTHWEST CORNER OF SAID LOT B; THENCE SOUTH
0 0 06' EAST 1,093.5 FEET; THENCE SOUTH 87 0 45' EAST 1,139.0 FEET;
THENCE SOUTH 13 0 12' WEST 550.0 FEET; THENCE SOUTH 81 0 53' EAST
1,432.8 FEET TO THE TRUE POINT OF BEGINNING OF RIGHT OF WAY
HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH
26 0 57' WEST, 451.2 FEET TO A POINT HEREINAFTER KNOWN AS POINT
"A"; THENCE SOUTH 21 0 32' WEST 620.67 FEET; THENCE NORTH 79 0 24'
WEST 438.35 FEET; THENCE NORTH 12 0 58' EAST 360.0 FEET.
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ORDER NO. 1031656-11
ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 89 0 48' EAST
605.0 FEET.
8. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS. IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED APRIL 24, 1951 IN BOOK 4070, PAGE 458 OF.,
OFFICIAL RECORDS, LOCATED WITHIN AN AREA ADJACENT TO THE WESTERLY
LINE OF THE HEREIN DESCRIBED PROPERTY.
9. AN EASEMENT FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
LINES AND APPURTENANCES THERETO AND INCIDENTAL PURPOSES IN FAVOR
OF MARTHA ANNA PILLSBURY, RECORDED NOVEMBER 13, 1968 AS FILE NO.
198500 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 30.00 FEET WIDE, THE CENTER LINE OF SAID 30 FOOT
STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "B", SHOWN IN PARCEL NO. 3 1 HEREIN
DESCRIBED; THENCE NORTH 22 0 43'29" EAST 783.06 FEET TO THE
BEGINNING OF TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 233,29 FEET
THROUGH AN ANGLE OF 89 0 06'40 11 ; THENCE TANGENT TO SAID CURVE NORTH
66 0 23 1 11" WEST 21.36 FEET TO THE EASTERLY LINE OF SAID "RETAINED
PARCEL" EXCEPTED IN PARCEL NO. 2 HEREIN DESCRIBED.
SAID 30 FOOT STRIP BEGINS IN THE NORTHERLY LINE OF THE COUNTY
ROAD AND ENDS IN THE EASTERLY 'LINE OF' SAID "RETAINED PARCEL".
THIS EASEMENT IS RESERVED FOR THE BENEFIT OF SAID. "RETAINED
PARCEL" AND IS HEREBY DECLARED TO BE - APPURTENANT THERETO AND
SHALL BE USED BY THE PRESENT AND FUTURE OWNER OR OWNERS OF ALL OR
ANY PART OF SAID "RETAINED PARCEL".
SAID DOCUMENT RECITES IN PART AS FOLLOWS:
BY THE DELIVERY AND ACCEPTANCE OF THE DEED, GRANTOR AND GRANTEE
AGREE, FOR THEMSELVES AND THEIR SUCCESSORS IN INTEREST AS
FOLLOWS:
1. GRANTEE OR ITS SUCCESSOR IN INTEREST MAY' RELOCAT, IN ANY
ROUTE DETERMINED BY GRANTEE, WITHIN THE WEST HALF OF-THE
EAST HALF OF PARCEL 2 ABOVE DESCRIBED, THE 30-FOOT ACCESS
AND UTILITY EASEMENT ABOVE RESERVED BY GRANTOR; AND
Q
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ORDER NO. 1031656-11
2. PROVIDED (I) SAID RELOCATED 30-FOOT EASEMENT PROVIDES ACCESS
TO SAID "RETAINED PARCEL" FROM EL CAXINO REAL AND (II)
GRANTOR RECEIVES A PROPER RECORDABLE EASEMENT DEED TO SUCH
RELOCATED EASEMENT, FREE OF ENCUMBRANCES, GRANTOR OR ITS
SUCCESSOR IN INTEREST WILL, CONCURRENTLY WITH RECEIPT OF
SAID EASEMENT DEED, PROPERTY QUITCLAIM TO GRANTEE OR ITS
SUCCESSOR IN INTEREST SAID RESERVED 30-FOOT EASEMENT.
NEITHER GRANTEE NOR ITS SUCCESSOR IN INTEREST SHALL HAVE ANY
LIABILITY TO GRANTOR OR ITS SUCCESSORS IN INTEREST FOR THE
MAINTENANCE OF SAID 30-FOOT RESERVED EASEMENT OR FOR SAID 30-FOOT
RELOCATED EASEMENT OR FOR THE IMPROVEMENT THEREOF OR THE
INSTALLATION OR REMOVAL OF ANY UTILITY TRANSMISSION FACILITIES
THEREON.
SAID EASEMENT HAS BEEN RE-ROUTED BY INSTRUMENT RECORDED MAY 23,
1985 AS FILE NO. 85-183221 OF OFFICIAL RECORDS.
10. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
THE CITY OF CARLSBAD, RECORDED APRIL 9, 1985 AS FILE NO. 85-
120617 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 4223,
ON FILE IN THE OFFI.CE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE LEAVING THE BOUNDARY OF SAID RECORD OF SURVEY NO. 4223
NORTI 76°36'34" WEST, 382.02 FEET TO THE TRUE POINT OF BEGINNING;
'HENCE. SOUTH 15°34'0" WEST, 125.00 FEET; THENCE NORTH 15 0 35'00"
EAST, 125.00 FEET.; THENCE SOUTH 75 0 25'00" EAST, 118.50 FEET TO
THE TRUE POINT OF BEGINNING.
11. AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITY AND INCIDENTAL
PURPOSES IN FAVOR OF MARTHA ANNA PILLSBURY, RECORDED MAY 23, 1985
AS FILE NO. 85-183221 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, INTHE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
A 30.00 FOOT dTRIP OF LAND LYING 15.00 FEET EACH SIDE OF,
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE:
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ORDER NO. 1031656-11
COMMENCING AT THE MOST EASTERLY CORNER OF LAND DESCRIBED AS
"RETAINED PARCEL" IN DEED TO MARTHA ANNA PILLSBURY RECORDED
NOVEMBER 13, 1968 AS FILE N0 198500 OF OFFICIAL RECORDS; THENCE
ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "RETAINED PARCEL" SOUTH
23 0 48 1 13." EAST, 15.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHEASTERLY BOUNDARY SOUTH 72 0 30'00" EAST, 114.44
FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 30°24 1 05" A DISTANCE OF 53.06 FEET TO
A POINT OF REVERSE CURVATURE WITH A 100.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
12 0 54'05" WEST; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51 0 02'35" A DISTANCE OF
89.09 FEET; THENCE TANGENT TO SAID CURVE SOUTH 51 0 51 1 30" EAST,
184.92 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 0 34'30" A DISTANCE OF
37.66 FEET; THENCE TANGENT TO SAID CURVE SOUTH 30 0 17 1 00" EAST,
238.30 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY AND SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98 0 25'46"
A DISTANCE OF 171.79 FEET; THENCE TANGENT TO SAID CURVE SOUTH
68 0 08 1 46" WEST, 117.98 FEET TO THE BEGINNING OF A TANGENT 100.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG.
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52 0 33 1 46" A
DISTANCE OF 91.74 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BEGIN IN A LINE THAT
BEARS NORTH 23°49'13" EAST THROUGH THE TRUE POINT OF BEGINNING
AND END IN A LINE THAT BEARS NORTH 72 0 25'00 11 WEST, THROUGH THE
POINT OF TERMINUS. . .
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
12. A HOLD HARMLESS AGREEMENT, REGARDING DRAINAGE, DATED MARCH 26,
1985, EXECUTED BY H AND D PARTNERS, A GENERAL PARTNERSHIP,
RECORDED JUNE 13, 1985 AS FILE NO. 85-210265 OF OFFICIAL RECORDS.
13. AN EASEMENT FOR POLES, WIRES, CABLES, FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES FOR ANY
AND ALL PURPOSES, COMMUNICATION FACILITIES, OVERHEAD AND/OR
UNDERGROUND AND APPURTENANCES, TOGETHER WITH THE RIGHT OF
INGRESS, EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS
AND ELECTRIC COMPANY, A CORPORATION, RECORDED JANUARY 15, 1986 AS
FILE NO. 86-018034 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PAGE 6
..•
ORDER NO. 1031656-11
PARCEL "D""
THAT CERTAIN STRIP OF LAND LYING WITHIN SAID PARCEL "B" INCLUDING
ALL OF THE AREA LYING BETWEEN. THE EXTERIOR SIDELINES, WHICH
SIDELINES SHALL BE THREE FEET, MEASURED AT RIGHT ANGLES, ON EACH
EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED, THE
APPROXIMATE LOCATION BEING SHOWN ON EXHIBIT "A", ATTACHED THERETO
AND MADE A PART THEREOF.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON
THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER
LINE ERECTED OVER SAID RIGHT OF WAY."
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
14. THE FOLLOWING RECITAL CONTAINED ON MAP NO. 11242:
LOTS 10, 11 AND A PORTION OF THE REMAINDER PARCEL (PHASE III)
HAVE AN OBLIGATION FOR THE DESIGN, DEDICATION AND IMPROVEMENT OF
OFFSITE PALMER WAY ("A" STREET) AND A CONNECTING STREET FROM
PALMER WAY TO EL CAMINO REAL AS DESCRIBED IN THE TEXT OF SPECIFIC
PLAN 190 (DATED MARCH28, 1984).
15. THE FOLLOWING RECITAL CONTAINED ON MAP NO. 11242:
THIS SUBDIVISION CONTAINS A REMAINDER PARCEL NO. BUILDING PERMIT
SHALL BE ISSUED FOR THE REMAINDER PARCEL UNTIL IT IS FURTHER
SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 20 OF THE CARLSBAD
MUNICIPAL CODE.
PAGE
'
C. '1 •
ORDER NO. 1031656-11
16. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $11,000,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED FEBRUARY 13, 1989 AS FILE
NO. 89-074436 OF OFFICIAL RECORDS.
DATED: FEBRUARY 8, 1989
TRUSTOR: SUNNY CREEK I PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP AND SUNNY CREEK II PARTNERSHIP, A
CALIFORNIA GENERAL PARTNERSHIP
TRUSTEE: THE CALIFORNIA SANSOME CORPORATION, A CALIFORNIA
CORPORATION
BENEFICIARY: THE BANK OF CALIFORNIA, N.A., A NATIONAL BANKING
ASSOCIATION
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
AN INSTRUMENT DATED NOVEMBER 28, 1989, RECORDED DECEMBER 19, 1989
AS FILE NO. 89-687865 OF OFFICIAL RECORDS, EXECUTED BY THE BARK
OF CALIFORNIA, N.A., SUNNY CREEK I PARTNERSHIP AND SUNNY CREEK II
PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF SAID DEED QF TRUST AS
THEREIN PROVIDED.
AN INSTRUMENT DATED JUNE 13, 1991, RECORDED JUNE 24, 1991 AS-FILE
NO. 91-0303673 OF OFFICIAL RECORDS, EXECUTED BY SUNNY CREEK I
PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AND SUNNY CREEK II
PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, THE CALIFORNIA
SANSOME CORPORATION, A CALIFORNIA CORPORATION AND THE BANK OF
CALIFORNIA, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION.
PURPORTS TO MODIFY THE TERMS OF SAID DEED . OF TRUST AS THEREIN
PROVIDED.
17. AN EASEMENT FOR ROADWAY. AND INCIDENTAL PURPOSES IN FAVOR OF
MANDANA CAL CO., A CALIFORNIA CORPORATION, RECORDED AUGUST 8,
1989 AS FILE NO. 89-423788 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
A STRIP OF LAND 60.00 FEET IN WIDTH LYING 30.00 FEET EACH SIDE OF
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID "REMAINDER PARCEL",.
THENCE ALONG THE EAST . BOUNDARY OF SAID "REMAINDER PARCEL" SOUTH
20 0 47f25 11 WEST, 30.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID EAST BOUNDARY ALONG SAID CENTERLINE NORTH 81 0 40f47 11
WEST, 263.71 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHWESTERLY,
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 63 0 31 1 10" A DISTANCE OF 332.59 FEET TO A POINT
OF REVERSE CURVATURE WITH A 250.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT FROM SAID 250.00 POOT
RADIUS CURVE BEARS SOUTH 5511' 58" EAST; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42 0 50 1 34"
PAGE 8
c.
p , - •l.
. .
ORDER NO. 1031656-11
A DISTANCE OF 186.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH
77 0 38 1 36" WEST, 324.59 FEET TO THE BEGINNING OF A TANGENT 300.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67 0 51 1 21"
A DISTANCE OF 355.29 FEET; THENCE TANGENT TO SAID CURVE SOUTH 9 0 47 1 15 11 WEST, 271.97 FEET TO THE BEGINNING OF A TANGENT 150.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY,
WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 97 0 42'45" A DISTANCE OF 255.81 FEET; THENCE
TANGENT TO SAID CURVE NORTH 72 0 30'OO" WEST, 86.66 FEET TO THE
EAST LINE OF LOT 10 OF SAID MAP NO. 11242 AND THE TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE, SAID POINT BEARS SOUTH 19 0 56'00"
EAST, 37.78 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE IN THE BOUNDARY OF SAID LOT 10 SHOWN AS "NORTH 19 0 56'00"
WEST, 88.15 FEET".
THE SIDELINES OF SAID 60.00 FOOT STRIP OF LAND ARE TO BEGIN IN A
LINE THAT BEARS NORTH 20 0 47 1 25" EAST THROUGH THE TRUE POINT OF
BEGINNING, AND TERMINATE IN A LINE THAT BEARS NORTH 19 0 56'00"
WEST THROUGH THE POINT OF TERMINUS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
18. THE FACT THAT SAID LAND LIES WITHIN COMMUNITY FACILITIES DISTRICT
NO. 1, AS DISCLOSED BY A NOTICE OF SPECIAL TAX LIEN RECORDED MAY
20 1 -1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
19. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED
TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY
WITH SUCH TERMS, COVENANTS AND PROVISIONS.
20. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE
PARTNERSHIP AGREEMENT FOR SUNNY CREEK II PARTNERSHIP REFERRED TO
IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO.
PAGE 9
.c 1
1.
.
ORDER NO. 1031656-11
1991-1992 TAX INFORMATION:
CODE AREA: 09125
PARCEL NO.: 209-060-59
1ST INSTALLMENT: $18,630.20 OPEN
2ND INSTALLMENT: $18,630.20 OPEN
LAND VALUE: $1 0,639,566.00
IMPROVEMENTS: $-0-
EXEMPT:
PAGE 10
I
ORDER NO. 1031656-11
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE REMAINDER PARCEL OF CARLSBAD TRACT NO. 83-36 UNIT NO. I t IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 11242, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON MAY 23, 1985, THE REMAINDER PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "B" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LAND DESCRIBED AS PARCEL 2 OF
DEED TO FRANK CARD, ET AL, RECORDED NOVEMBER 13, 1968 AS FILE NO.
198500 OF OFFICIAL RECORDS SAID CORNER ALSO BEING THE MOST WESTERLY
NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND- DELINEATED AND
DESIGNATED AS 80.33 ACRES ON RECORD OF SURVEY MAP NO. 517, IN THE
CITY OF CARLSBAD, COUNTY OF SAN D±EGO, STATE OF CALIFORNIA FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO- COUNTY, OCTOBER 30,
1935 'AS FILE NO. 60021 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG
THE WESTERLY LINE OF SAID CARDS LAND SOUTH 22°53 '11" WEST - - (SOUTH
22 0 43 1 29" WEST PER SAID DEED) 221.54 FEET; THENCE SOUTH 78 0 48'00"
EAST 290.69 FEET; THENCE SOUTH 84 0 36 1 00" EAST 285.33 FEET; THENCE
SOUTH 69 0 38'07" EAST 231.51 FEET; THENCE SOUTH 19 0 56'00" EAST .88.15
FEET; THENCE SOUTH 7203010011 EAST 110.05 FEET; THENCE SOUTH 51 0 51'30"
EAST 180.55 FEET; THENCE SOUTH 0 0 58'00" EAST 59.51 FEET; THENCE SOUTH
30 0 17'00" EAST..424.00 FEET; THENCE SOUTH 15 0 44'04" WEST 132.73 FEET;
THENCE NORTH '74 0 25 1 00 11 WEST 215.00 FEET; S,THENCE SOUTH 150351001 WEST
175.00 FEET Td THE BEGINNING OF A NON-TANGENT 45.00 FOOT RADIUS CURVE
.CONCAVE.. WESTERLY, ° A RADIAL LINE TO SAID POINT BEARS NORTH 45 0 30"35"
• EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
120 0 08f50" A .DI$TANCE OF 94.36 FEET; THENCE NON-TANGENT TO SAID CURVE
SOUTH 15 0 35 1 00" FEET 148.36 FEET; THENCE SOUTH 57 0 07'22" EAST 235.28
FEET TO A POINT IN THE NORTHERLY LINE OF EL CAMINO REAL (R. S.
- 1800-1), SAID POINT BEING IN THE ARC OF A NON-TANGENT 1,845 • 00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS
NORTH 32 0 07'32" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 4 0 12 1 45" A DISTANCE OF 135.65 FEET;
THENCE NON-TANGENT TO SAID CURVE SOUTH 79 0 55'20" EAST 0.63 FEET;
THENCE NORTH 20 0 49'45" EAST 569.10 FEET; THENCE SOUTH 40 0 15'05" EAST
353.23 FEET TO THE EASTERLY LINE OF SAID 80,33 ACRE PARCEL PER SAID
PACE 11
•
ORDER NO. 1031656-11
RECORD OF SURVEY MAP NO. 517; THENCE ALONG THE BOUNDARY OF SAID
PARCEL AS FOLLOWS:
NORTH 20 0 47 1 25" EAST, (NORTH 20 0 31'30" EAST PER RECORD OF SURVEY MAP NO. 517, 2,025.13 FEET; THENCE NORTH .81 0 40'47" WEST 1,193.95 FEET (NORTH 81 0 53 WEST 1,195.00 PER RECORD OF SURVEY' MAP NO. 517); THENCE SOUTH 09 0 47'15" WEST 1,003.26 FEET, (SOUTH 09 035 1 00" WEST 1,003.80
FEET PER RECORD OF SURVEY MAP NO • 517); THENCE NORTH 65° 36'46". WEST 646.00 FEET, (NORTH 65 0 45'00" WEST 646.00 FEET PER RECORD OF SURVEY MAP NO. 517); THENCE NORTH 78 0 08 1 25" WEST 368.54 FEET (NORTH 78 0 32 1 06 11 WEST 369.00 FEET PER RECORD OF SURVEY MAP NO. 517), TO THE
POINT OF BEGINNING.
0
0
PAGE 12
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4. ERICAN LAND TITLE ASSOCIATION LOAN POUCY - q70
A. WITH ENDORSEMENT FORM 1 COVERAGE (AMEND &)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. My law, ordinance or governmental regulation (including telnet lkhited to building w,d zoning ordinances) resincting or regulating or prohibiting the OCC14IJ1CY. twora*rWolft land, at' regulating the choracter.
dimensions or location of any improvement now or herealler erected on the land, or puohibutmg a separation to uuishlp or a reduction to thedneieiats or an of the larit or the effect of any violation of any
such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police pow unless notice of the exercise of such rights agpeis in the public records at Dali at Policy.
3. Defects, liens, encumbrances, adverse claims, or other nles (a) created, sistered, assumed or agreed to by the insured claimant, (b) not toowi to tito Company and not shows by the public records but Mown
to the insured claimant either at Date of Policy or at the date such claimarl acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant become an insured hereunder (C) resulting in no loss or damage to the insured clenenit (d) attecfuing or created subsequent to Dale of Policy (except to
the extent insurance is afforded herein as to any statutory lien Jor labor or oleeflal or to the eaterit insurance is atded herein as to asA tar taeet kripluvements wider construction or completed at Date
of Policy).
4: Unefiforceability of the lien of the insured mortgage because of loikn of the incised at Dale of Policy or of any subsequent owner of the kia to comply with applicable dolng business laws of the slate
in which the land is situated.
5. Any claim, which arises out of the transaction creating the flerest of the mortgagee insured by this policy, by reason 01 tire operation of federal banleigtcy, se insolvency, or similar creditors' rights laws.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (AMENDED 4440)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Sleidard Coverage Policy and not as an Edended Coverage Policy, the excb.isions set forth in paagragh 4 above are used and the following exceptions
to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the olelers shovel in pats One and two following:
Part One:
1. Taxes or assessments which are not straws as existing liens by the records of any taxing authority that levies lam or assessments on real property or bythe public recoitir.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said laid or by noftaig inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are net shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, en roactinents. or any other facts which a correct silvey would disclose, and which are not shows by public records.
5. Llnpatented mining claims: reservations or exceptions in patents or in Acts author izing the issuance thereo( water rights, claims or title to er.
6. My lien, or right to a lien, for services, labor or material theretofore or hereafter hinished, irirposed by law and net shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1990
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are evressly excluded from the coverage of this policy and the Company will not pay loss or damage, coft attorneys' tees or e1 ises which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including bit not limited to building and zoning laws, ordinances, or regulations) tcstricthiv, 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 tail; (iii) a separation in ownership ora clucge in the dimensions ornta 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, onilnaaes or governmental regulations, acept to the extent tha 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, picept to the extent that a notice of the exercise thereof or a notice of a defect lien or encusitotance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date at Policy
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at oats of policy, out not excluding from coverage any tatting which has occurred prior to Date of Policy which
would be binding on the rights at purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other ners:
(a) created, suffered, agsumed or agreed to by the insured CliTseit
(b) not Mown to the Company, not recorded in ft public records at Da of Policy, but laim to the insured claimant and root disclosed in writing to the Company by the insured claimant prior to the date ft insured
claimant became an insured wider this policy;
(C) resulting in no loss or damage to the insured claãmaut
(d) attaching or created subsequent to Date of Policy (except to the extent IN this policy insures the priority of the hen of the insured mortgage over any statutory lien for services, labor or material or the extent insurance
is afforded herein as to assessments for street improvements under construction or completed at dale of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimarl had paid veins for the Misused 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 faikn 01 any subsequent owner of the indebtedness, to comply with applicable
doing business' laws of the state in wntch the land is sifratet
5. Invalidity or unentorceability of the lien of the insured murigage, or claim thereof, which arises out of the transaction evidenced by the Misused moflge and is based upon usury or any consumer credit protection
or truth In lending law.
6. Any statutory lien for sehoces, labor or materials (or the cfairn of priority of any statutory lien for sensces. labor or materials over the lien of ft Misused mortgage) arising from an improvement of wont 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 ..detiledness 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 flereet of the mortgagee insured by this policy, by reason of the operation 01 federal bar*qutcy, state insolvency, or similar creditors' tights laws.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1990
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage
appear in the policy.
ScHULE I
This nofpay costhlavn enses)wiuthessebyreason
1. Taxes or assessments which are not shown as esisthi I me ig axeity lit levies I= or -wredpowlyorbythepublic records.
2. Any hots, riphis, interests, or claims which are not shown by the public records but which could be asceiholed by as uipeclio.. ofsakilmdorbyrmikingitaiiryotcersons in possession thereof.
3. Easements, claims of easement or encumbiasces which are not stn by lie xlilic records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encr cad inents, W xvl other facts whicha correct survey would rlisciose and which are not shown by public records.
5. Unpalented mining claims, reservations or exceptions in patents or in Acts aratlorizing the Issuance thereof water rights, ctenw or title to jW.
6. Any lien, or ngtd ma lien, for services, labor or material Uita*.et or headier Unished. imposed by law and not shown by li public records.
S. AMERICAN LAND TITLE ASSOCIATION OWNEWS POLICY- 1990
EXCLUSIONS FROM COVERAGE
The following matters; are eqxessly excluded from the coverage of lita policy and lie Company will not pay loss or damage, costs, aomw# fees or Irereies wilds ales by meson of
1. (a) Any law, ordinance or gvenrnental regulation (includIng but not limuled to building and zoning lan, rtU.atae, or regulations) resfflcft regrildine, pii4 INN n or relating to (I) the ocmparicy, use, or enfomient of the land: (II) the character, dimensions or location of any Improvernut now or headier erected on the teid (III) a 1ion in ossstrp or a change in the dimensions or ase of the land or any parcel of
which the land is or was a pit or (iv) envimmnenlai pmfecticfl, or lie elect of XV violation of these laws, WOO= or governmatdal mgrxllons. except to ft extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged viotelon affecting the land has been recorded in the public records at Mot Policy.
(b) Any pwrimerial police pow not ed by (a) abn ang to the cdent that a notice of ft themof or a notice of a 04 fien or elicumbrance resullinig from a violation or alleged violation affecting the laid has been recorded In the public records at Dale of ftllcy.
2. Rights of eminent domain unless notice of the exercise thereof lie been recorded it the public records at Dale of Policy, tel not excluding tam coverage any wing which has occurred prior to Dale of Policy which
would be binding on the rights of a purdaw tor value wilhoutim owiu inn .
3. Defects, liens, encurilerances, adverse claims or other mailers.
(a) created, suffered. assumed or agreed 10 by the insured clainseit
(b) root lalownto the Compaiy, not re rdedinthepulicracordsatDataofPoicy.b tomeindcitn'or and notisclosedin writing to th,Cby the Insured ctalmarl oft to the Ga±ethe insured
damsel became an insured tinder this policy.
(C) resulting in no loss or damage to the insured claimant
(d) attaching or created subsequent to Date of PoIicy, or
(e) resulling in
4. Any claim, which arises out of me transaction vesting in the knitted the exits or kitr0 insured by this policy, by reason of me operation of lederat he*iuptcy, state insolvency, or SIITI4 creditois rights laws.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - 1990
WITH REGIONAL EXCEPTIONS
When the American Land liVe Associaiion policy is used as a Shorted Coverage Policy aid not as an Erdended Coverage Policy, the exclusions set forth in; , g *p' 8 above are used and the following exceptions to coverage
appear in the p014
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys lees or eagereres) which arise by mason of:
Pal One:
1. TV= ormerltswlldasenotshownasexisting any oft N%PRR
2. Any facts, tights, interests, ordains which are not shown by the pu blicrecordebut which could beasçalained by in inspection Of said laid orby nr*Ang inqijyof persons in possession thereof.
3. Easements, calms of easement or encumbrances which are not shaven by li public records.
4. Discrepancies, conflicts In boundary lines, shortage in area, encroactemeals. or 1w other facts vitildi a correct survey would disclthe, andshichare not shown by public records.
5. Unpatented miring clai= reservations or exceptions in patents or in Acts ardiorlaing the issuance lmerecf wsteuigl*s. Olalner or We to waler.
6. Arty lies, or right tea lien, for sences, labor or niterial Uneretolors or looft bnisfled. imposed by law *Id not thorns by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS. .
In addition to the Exceptions in Schedule B. you am not insured against loss, com atiemsys' fees and eenses resulting ffbric
1. Govemenlal police power, and me wis a re or violation of 1W he or govemmiert regulation. INS includes budding and zoning ordixcices aid also laws and regulations concettng
-landuse •hoddMsion
• improvements on the laid • erwimianerital protection
This exclusion does not apply to violations or the &urcerrl of hu "s v which appear in lIe public records at Policy Date.
This exclusion does not limit the zoning c&wrage described in liner 12 and 13 of Covered Title Risli.
2. The right mme land bycondemning it. urless.
• a notice of exerci5ng the fight appears in lIe public records on the Policy Date
• Dab
3. .. Title RIS.
• that am created, allowed, or agreed to by you
• metam Won to yak bit notib us, on the Policy e-ta1lesstheyaPpeteedinthe public Pro tds
that result in no loss to you
• wane id
4. Failure to pay,vahje for your title.
5. Lack ofaright:
• to any land outside the area specifically described and refer, to in Itern 3'of Scliedule A, or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in ftecfi 5 of Coertd Title Risks.
.
.
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
438-5621
REC'D FR -- )f
- DATE /./J.
(L I
ACCOUNT NO. . DESCRIPTION AMOUNT
000101 (I
- - - C-PMT Z260.00
/ __ /)("•/'-
RECEIPT NO. 8S51 .. "310TAL,~]
Carlsbad
. .
DISCLOSURE STATEMENT
APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS 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.
See Attachment
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Same as #1 above
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.
Same as #1 above
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. - N/A
FRM0001 4/91
.
0
(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 x If yes, please indicate person(s)
Person is defined as: Any individual, firm, copartn.rship, joint venture, association, social club, fraternal organization, corporation, estate, trust receive
syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as
unit.
(NOTE: Attach additional pages as necessary.)
,)44itb 6//2/rf
gnature of Owner/date Signature of applicant/date
Sunny Creek II, a CalifOrnia General Partnership
Print or type name of owner by Russell W. Grosse
Sunny Creek II, a California Gn. Prtnrshiç
Print or type name of applicant
by Russell W. Grosse
FRM0001 4/91
DISCLOSURE STATEMENT ATTACHMENT
#1. Russell W. and Mary E. Grosse
5850 Sunny Creek Road
Carlsbad, CA 92008
James B. and Marie B. Panther
2202 Oceanview
Oceanside, CA 92056
Grosse Family Trust
5850 Avenida Enemas, Ste. A
Carlsbad, CA 92008
James B. and Marjorie L. Betz
3233 Avenida de Loyola
Oceanside, CA 92054
#2 Sunny Creek II, a California general partnership
5850 Avenida Encinas, Ste. A
Carlsbad, CA 92008
#3 Same as #1 above
. ILLSIDE 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 propd Oj 'requfrüthat multiple applications be f11d.
P. A proposed project requmng that only one application be filed must be sutmitted prior. to
4:00
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 witli 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. maps submitted shajibe folded to 8-1/2k x 11g. 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 21.95.020 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 El 0
(2) 15% to less than 25% slope 0 0
(3) 25% to less than 40% slope El 0
(4) 40% or greater slopes 0 El
Indicate the acreage of land in each slope category TOTAL 100%
FRM00011 4/91 Page lof 5
% Sb.
Vertical Distance x 100
Horizontal Distance
(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
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 lilt 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
rading per Acre of Re ative Sensitivity of
Cut and Fill Area (in Acres) Hillside Grading Volume
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 21.95.070 provide the necessary findings and
plans required by that section.
Zh
g. Environmental Impact Assessment Form (separate fee required).
. Public Facility agreement: Two (2) copies: One (1) notarized original, and
Zi.
one (1) reproduced copy. (separate fee required).
A completed "disclosure statement".
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.
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.
10
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 3of5
.
.
(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 21.53.230 and
240 of the Carlsbad Municipal Code.
5. Submit a completed "Project Description/Explanation" sheet.
FRM00011 4/91 Page 4of5
LliL)E DEVELOPMENT PERMIT CHECK
qw COMMENTS
PROJECT NUMBER
1. Land Use Review Application Form
2. Slope Analysis (5 Copies)
3. Slope Profile (5 Copies)
4. Environmental 'Impact Assessment Form (Separate Fee reQuired)
5. Site Plan, trading Plans, Preliminary Landscape Plan, Building Plans, Elevations (5 each)
6. Disclosure Statement
Title Report (3 Copies)
8. Application Fees. (Planner to include Application Number and Account Number on receipt)
9. . PFF Agreement (2 Copies) (Separate Fee Retiuired) 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 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.
0
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0
ri
R.v. 4/91 ProjDesc.frm
- .
Carlsbad
$
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.
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
3
.
(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
0
FRM00011 4/91
Policy No. _:i_
Effective Date 3/12/90
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
Fences
DEFINITIONS
Fence - A crtical harrier or enclosure constructed of any material which supports
no other load oilier 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. Saf'ctv 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 combinatkjn fence/retaining
walls in a required setback shall nOt exceed the following limits:
A. In a required 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 rear 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:
_12 001 ILIPM ;.-94 A "U~~
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