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HomeMy WebLinkAboutHDP 92-02; KARLYN LOT LINE ADJUSTMENT; Hillside Development Permit (HDP)crrx' OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1. OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT I MV rstv (FOR DEPT USE ONLY) O Master Plan o Specific Plan O Precise Development Plan Tentative Tract Map Planned Development Permit Non-Residential Planned Development 0 Condominium Permit Special Use Permit O Redevelopment Permit Tentative Parcel Map O Administrative Variance ' General Plan Amendment O Local Coastal Plan Amendment O Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit Environmental Impact Assessment O Variance Planned Industrial Permit Coastal Development Permit 0 Planning Commission Determination C] List any other applications not specificed )-fPJ 2) LOCATION OF PROJECT: ON THE I West SIDE OF Jefferson Street (NORTH, SOUTH EAST, WEST) _______________________ (NAME OF STREET) BETWEEN Las Flores Drive AND Buena Vista Way (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I Portion of Laguna Mesa TCT 3 Map 1719 4) ASSESSOR PARCEL NO(S). 155-1 40--08 and 09 5) LOCAL FACILITIES 1 6) EXISTING GENERAL PLAN pjj 7) PROPOSED GENERAL PLAN - MANAGEMENT-ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING IR-1-10I 9) PROPOSED ZONING - 10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 0 12) PROPOSED NUMBER 2 13) TYPE OF SUBDIVISION RESIDENTIAL UNITS OF LOTS L ReS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 15) PROPOSED INDUSTRIAL I - 116) PROPOSED COMMERCIAL I - OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE - NOTE: A PRDPOM PQJECt REQUIRING TMT MLTWI2 APPtJCATWW 8Z ffi wwr BE mmmff Tm PRJCR 10 330 P,j&.kPCP PROJECT REQUIRiNG THAT MX (APPUCAI1ON 09 RM h&= BE M=9"W FR1100016 8/90 Oeo pôo3 0 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 20F2J 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L NA_J 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS NA I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC { NA 20) PROJECT NAME: Karlyn Lot line Adjustment 21) BRIEF DESCRIPTION OF PROJECT: To realign property line between two parcels owned by the same person IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, - PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENT1R THE PROP W THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PUSE ------- \ \ SIGNATURE 'S O)VNER (24)PUCANT 'Th NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Leo S. Karlyn Marrs and Associates MAILING ADDRESS MAILING ADDRESS 732 N. Lake Avenue Suite 101 P.O. Box 7501 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Pasadena, CA 92201 (818)796-0241 San Diego, CA 92167 (619)224-4434 CERTIFY THAT t AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNER'S REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALl. THE ABOVE INFORMATION IS TRUE AND CX)RRECr TO THE IS TRUE AND CORRECT TO THE BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE FOR CITY USE ONLY RECEIVED FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED FEB 1 31992 DP 370.00 CITY OFCARLSØAD PLANPBNGDEPTP Fr L40. 00 DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED J C 0 .00 DATE FEE PAID z - I 3, >'Z_ 1 RECEIPT NO. . . PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Karlyn Lot Line Adjustment APPLICANT NAME: Leo Karlyn 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 proposed lot line adjustment proposes to realign the property lines between two parcels owned by the applicant. The proposed lot line adjustment will create a better lot configuration for future development. -No development of any type is being proposed with this application. The hillside development permit is being submitted solely for the purpose of justifying the location of the. new lot lines to best serve future development of the property. The proposed lot line adjustment creates a logial lot configuration that. better fits the natural topography. The new configuration has a higher probability of presserving future view shed than the existing lot line configuration. P.v. 4/91 ProjDesc.frm I City of Carl bad 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. 2. 3. 4. Applicant List the names and addresses of all persons having a financial interest in the application. Marrs and Associates P.O. Box 7301 San Diego, CA 92167 Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Leo S. Karlyn 732 N. Lake Avenue Suite 101 Pasadena, CA 91104 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. NA 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. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 ., •". . (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes - No ..L If yes, please indicate person(s) Person is defined as: Any individual, firm, copartnership. joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any ether county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit' additional pages as necessary.) Signature of Signature of applicant/date Leo S. Karlyn David Marrs Print or type name of owner Print or type name of applicant FRM00013 8/90 S . Issuing Office: CHICAGO Title Company 925 3 Street, San Diego, California 92101 LAKE AVENUE ESCROW 732 North Lake Avenue Pasadena, California 91104 Attention: WINNIE Your Ref: 4782 PERRIN Loan No: Order No: 1189390 -07 AMENDED REPORT, dated as of December 16, 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 Fx-1 LII American Land Title Association Owner's Policy L] LIII A.L.T.A. Residential Title Insurance Policy F LIII American Land Title Association Loan Policy LIII Othe F-1 F-1 -4 Title Officer, John Hall 544-6210 PRESCFPA - 11//88 • Or-der No; 1189390 -07 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: LEO S. KARLYN, a married man 3. The land referred to in this report is situated in the State of California, County of and is described as follows: SEE ATTACHED DESCRIPTION Order No: 1189390 1 DESCRIPTION PARCEL 1: That portion of Tract No. 3 of LAGUNA MESA TRACTS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921, more particularly described as follows: BEGINNING at the most Southeasterly corner of said Tract No. 3; thence North 0 0 2' West along the Easterly boundry line of said tract, which is also the Westerly boundary line Jefferson Street (formerly Front Street), a distance of 395.91 feet to the TRUE POINT OF BEGINNING.; thence continuing along the Easterly boundary line of said tract, which is also the Westerly boundary line of said Jefferson Street (formerly Front Street), North 00 2' West, a distance of 204.09 feet; thence South 25° 29' 50" West, a distance of 226.17 feet to a line which bears South 89 0 58' West from the TRUE POINT OF BEGINNING; thence North 89 0 58' East, 97.48 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion of Jefferson Street taken by County Road Survey No. 843, lying within the above described property. PARCEL 2: That portion of Tract No. 3, in LAGUNA MESA TRACTS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921, more particularly described as follows: BEGINNING at the Southeasterly corner of said Tract 3; thence North 0 0 2' West along the Easterly line of said Tract, 395.91 feet to the Southeasterly corner of land conveyed to JOHN E. ERHARDT and wife by deed recorded November 9, 1953 in Book 5041, Page 136 of Official Records as Document No. 151330; thence along the Southerly line of said land South 89 1 58' West, 97.48 feet to the Southwesterly corner thereof and the TRUE POINT OF BEGINNING of the property herein described; thence continuing South 89 0 58' West, 132.84 feet; thence North 18 0 38' 59" East, 146.58 feet; thence North 65° 18' 47" East, 192.57 feet to a point in the arc of a 970 foot radius curve concave Westerly in the Westerly line of that certain strip of land described in deed to County of San Diego, recorded February 5, 1941 as Document No. 7104 in Book 1144, Page 30 of Official Records and shown on map of Road Survey No. 843, on file in the Office of the County Surveyor, said point being distant Northerly along the arc of said curve 26.25 feet from the Westerly line of land described in deed to EINER V. ANDERSON and wife, recorded July 17, 1926, as Document No. 43679 in Book 1251, Page 79 of Deeds; thence North 89 0 58' East to a point in the Easterly line of said Tract 3; thence South 0 0 2' East along said Easterly line to the Northerly corner of above referred to ANDERSON'S land, said corner being distant North 0° 2' West, 600 feet from the Southeasterly corner of said Tract 3; thence South 25 0 29' 50" West along the Westerly line of said ANDERSON'S land, 226.17 feet to the TRUE POINT OF BEGINNING. • Order No: 1189390 -010 . 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: R 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1991-92. 1st Installment: Penalty: 2nd Installment: Homeowners Exemption: Code Area: Parcel No: $1,359.61 NOT PAID-DELINQUENT $135.96 $1,359.61 NOT PAID $ 09000 155-140-08-00 S 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1991-92. 1st Installment: Penalty: 2nd Installment: Homeowners Exemption: Code Area: Parcel No: $1,359.61 NOT PAID-DELINQUENT $135.96 $1,359.61 NOT PAID $ 09000 155-140-08-00 B 3. Said property has been declared Tax-Defaulted for non-payment of delinquent taxes for the fiscal year 1987-88 and subsequent years, Amount to Redeem: If paid by: Amount to Redeem: If paid by: $11,528.63 December, 1991 $11,650.77 January, 1992 U 4. Said property has been declared Tax-Defaulted for non-payment of delinquent taxes for the fiscal year 87-88 and subsequent years, Amount to Redeem: If paid by: Amount to Redeem: If paid by: $$8,629.13 December, 1991 $$8,720.02 January, 1992 -, Order No: 1189390 -07 . Page 2 SCHEDULE B (continued) C 5. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Senate Bill No. 813 (1983) of the State of California. D 6. 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. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: WM. G. KERCKHOFF COMPANY, a corporation Purpose: Telephone and/or electric poles and lines, and for sewer, water and/or gas mains and pipe lines, in, under, over and across said property, together with the right to enter on said property for purposes of construction, reconstruction, repairing, and/or altering any of the same Recorded: October 2, 1940, Document No. 51200 in Book 1077, Page 385 of Official Records F The exact location and extent of said easement is not disclosed of record. G 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: THE COUNTY OF SAN DIEGO Purpose: Public road purposes Recorded: February 5, 1941, in Book 1144, Page 30 of Official Records Affects: That portion of said land lying in Jefferson Street, as shown on Record of Survey Map No. 12972, recorded November 15, 1990, as File No. 90-617781. H Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the above described right of way where required for the construction and maintenance thereof. I 9. The community interest of the spouse of the vestee named below. Vestee: LEO S. KARLYN J 10. Any claim or allegation that the trustee's deed from DANIEL LEIBL to LEO S. KARLYN, a married man, dated August 5, 1991, recorded August 7, 1991, as File No. 91-0398331 was a fraudulent transfer in bankruptcy Order No: 1189390 071 I Page 3 SCHEDULE B (continued) proceedings filed by or on behalf of AMERICAN FIDELITY CORPORATION, a California corporation within one year from the date of August 2, 1991. Q 11. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. L END OF SCHEDULE B M NOTE NO. 1: In the event title to said land is acquired by the party named below, the policy when issued will show the following additional exceptions in Schedule B, unless disposed of to the satisfaction of the Company. Party: BUYER Exceptions: N NOTE NO. 2: In the event title to said land is acquired by the party named below, the policy when issued will show the following additional exceptions in Schedule B, unless disposed of to the satisfaction of the Company. Party: LEO S. KARLYN Exceptions: o 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. P in 7' 12. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1991-92. 1st Installment: Penalty: 2nd Installment: Homeowners Exemption: Code Area: Parcel No: $957.83 NOT PAID-DELINQUENT $95.78 $957.83 NOT PAID $ 09000 155-140-09-00 -- P - TRW Real Estate InformationServices 1 2 3 1 5 ; 1.800.521.9663 I! 01 55-4 Sr-IT10F3 ( ©II IL (I) • CONOW FONTAI L'AJ TERR. < DOC - ia - 73149 NOTE EACH 5J I.D J NC_UDEEAN UN 2INT NX 09 t , ::CC 745320 . a 5 7Ac t ' . I SEE SHT 2 Q () SHT 3 J J . T.I 17 . I - .. -.-- - B L 8 2- 47 C 4;4 I / - \ SEC I- T125-R5W-- POR L07 MAP 7970 - CARLSBAD TCT 72-9 I4AF 7694 - CALSBAO TOT 72-2?. - LOT I MAP 1719 - LACUNA. MESA TOTS - ICT 3 POP TOT 1 - PUS 3312 MAP 622 - SOUTH OCEANSIDE PEFILED 1890 - POP BILK 48 SEC 36 - T IS-P5W - POP SE 1,4 .,. . CAPACITY CLAIMED BY SIGNER C) INDIVIDUAL(S) SIGNING FOR ONESELF/THEMSELVES Ij CORPORATE OFFICER(S) TITLE(S) COMPANY J PARTNER(S) PARTNERSHIP ATTORNEY- IN-FACT IN-FACT PRINCIPAL(S) TRUSTEE(S) TRUST Owner/Developer OTHER TITLE(S) Owner's Representative TITLE(S) ENTITY(IES) REPRESENTED ENTITY(IES) REPRESENTED \ CAT. NO. NNJ00627 TO 1944 CA (9-84) (Individual) STATE OF CALIFORNIA COUNTY OF LOS ANGELES } On Feb. 3 1992 before me, the undersigned, a Notary Public in and for said State, personally appeared LEO S. KARLYN personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name is subscribed to the within instrument and acknowledged that he exe- cuted the same. WITNESS my hand and official seal. Signature ('. EKA SEHI 1. *F0 ~ ~z - 0IFR'1C. SEAL Z. SEKA SEHIC 'PuL) AJFrN(A LOS ANGELES COUNTY My Coeu. EXP. June 6, 1994j .3 (This area for official notarial seal) 4 4 .1 4.L44 I H. I .. 7 4. - H N.1 I I I I f/H 14H V H I /1 1 ACKNOWLEDGMENT of California tyof San Diego On Jan. 22, 199 efore me, Owners Representativqname, title of officer), sonafly appeared David Marrs ersonally known to me - OR - Li proved to me on the basis of satisfactory evidence to the person whose name is/1e subscribed to the within instrument and acknowl- ed to me that he/tt executed the same in hisXwx4habcauthorized capacityia, and by his fcsignature() on the instrument the person), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL cATHLYNN E. ACtJIFlE NOTARY PUBLIC CALIFORNIA PRINöPAL OFFICE IN SAN DIEGO COUNTY (COrnrfliulon Expires April 2, 1993 tQ~&2_ , _klll~ © NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave. • P.O. Box 7184 • Canoax Pad' CA ')"flI 71F' I EXHIBIT WAIl LEGAL DESCRIP1ION That portion of Tract No. 3 of LAGUNA MESA TRACTS, inthe City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921. Form Approved By City Council April 22, 1986 Reso. No. 9169 7 QUALITY ORIGINAL (S) AM YASSWIVO 0000— .cording Bequestet sys 2214 BA$IUt-U21t When Recorded Nail To, OC 1991"0398331 7?Q7AUO'199l Ot'04 P11 / t?W S4 DtE '4r WT'E ES' Ct 1Y R00tR qr'i. ff!' 1ta00 an 3.00 'ci 1.00 Ur 4 10,00 Daniel Leibl 2234 1. Colorado Blvd, Pasadena, CA 53107 Mail Tax statements Tot Led. Rarlyn 732 N. Lake Ave. - Pasadena, CA 51104 -. r VRJBTB of 0*15 0)0* ULR Li The uildsrolqnod grantor declaress (1) The grant., herein was the foreclosing b.n.ftaiary (2) The amount of the unpaid debt, together with coots, was $45I,150.41 (3) Theamount paid by the grant., at the Trustee Sale was $334,IOC.00, (4) The documentary transfer tax is -0-. &,-Gw as successor Trustee under the Deed ofhereinafter described, hereby grants without warranty S. RARLYW, a married man,[Ml thereal property situa the Cothty of Ian Iern&iino, State of California and described in Ixhibit NM attached hereto and incorporated herein by this reference. This conveyance is mad* under the power _conferred on the grantor by the Deed of Trust executed b Fidelity. Corporation, a California corporatien, as Truator, -FlYsit Arcarv?ite1hii.Ariiiii Coapiny, a California corporation, as Trustee, and Leo I. Karlyn, a married man as his sole and as property, as Beneficiary, dated February 24, ISIS and recorded on March 1*, 1555 as Instrument Not 55-115037 of Official Records of the County of Ian Diego State of California; and by appointment and substitution of the Trustee under the Deed of Trust by an instrument recorded on April I t 1501, as Instrument Mo. 01-0145255 of Official Records of the County of San Diego, State of California, and executed by Leo S. Karlyn, and after fulfilling the conditions specified in the Deed of Trust authorizing the conveyance as followsi (a) Default was made in the obligation for which the transfer in trust was mede as security, and Notice of Default was recorded in the Office of the County Recorder of the County in which the property described in the mentioned Deed of Trust is situated, the nature of the default being the •1 1. /177/ k5 X. '1. d 2215 failure to pay principal in the amount of $315,000.00 and Interest accruing thereon from March 15, 1988 to March 14, 1001 in the amount of $11,150.00, together with any other and further defaults which may have occurred, Such default still existed at the time of sale. 9 (b) Not lii4 than three months elapsed between recording the Notice of Default and the posting and first publication of the Notice of Iiie of the property. (C) The beneficiary aids due and proper demand on the Trustee to 5.1l the property under the terse of the Died of Trust. (d) The Trustee gave notice of the time and place of the sale of the property in accordance with the laws of California and the terms of the Deed of Trust, .4 JO r (i) X11 requirements of law regarding the iii) ing of Copies of notices for which requests have been recorded have been complied with. (f) The property was sold by grantor at public auction on August 2, 1501 0 in the County of Ian Diego, state of Calitornia. where the property is situated, in full accordance wLAh-4A*-1"ff­Sff Wns state o ia and the term. Deed of Trust. Glantee, being the highest bidder at the sale, b.caaI the purchaser of the prope&ty by bidding in its encuabrana to th. extent of $334,504.00. I, ' DATIDs August 5, 1051 TATI OP CALXPO5ZA COUPPY OF LOS NOILU On August 5, 1991 0 before as, the undersigned, a Notary Public in and for said County and state, personally appeared DAIIZSL UXIL, personally known to as (or proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to the within instrument and acknowledged that he emecuted the same, WZTN*II my hand and official neal. Notil Public In And for r=ty5.1 and state C 0505*1. D.UALP*OP,flUlrfl. MUI2 • DID 3 om*i. KATNINt A PATTISON NOIMY r: • SW V0.00=1 to _.. 0 om Order Not No, 324407 -03 I DESCRIPTION 2218 F. 'S PUGh. It That portion of Tract No. 3 of LACUNA NINA ?*AC?I, in the City of Carlsbad, County of San Diego, Hate of California, according to Map thereof No, 1713 1 filed in the Office of the County Recorder of San Diego County, June 20, 1321, more particularly described as followsi BEGINNING at the most southeasterly torner of said Tract No. 3* thence Worth 0'S' West along the Easterly boundary line of said Tract, which Is also the Westerly boundary line Jefferson Street (formerly Front Street), a distance of 30.31 left So the TEl POINT Of 110I MMING1 thence •entinutng along the Jasterly boundary line of said Tract, which is also the Westerly boundary line of said Jefferson Itroet (formerly Front Street), Worth O't' West, a distanc. of 204,03 lest, thence South 633 1 $0 8 West, a distance of 220.17 feet to a line which bears South 1l 0 3$' West from the TAVI POINT OF 1E02WWTNC thence North 60 6 51 1 East, 37,40 feet to the T17I POINT OP BEGINNING. IXCIPTIWO YNVIXPRON that pert,n of Jefferson Street taken by County Read Survey No. 543, lying within the above described properly, pAAcgl. to That portion of Trait No. 2, in LACUNA MESA PRACTS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1713, filed In the Office of the County Recorder of San Diego County, June 20, 1321, more , Particularly described as follows, IEOINNINO at the Southeasterly •sner of said Tract 31 thence North C'S' Vest along the Easterly line of said Tract, 3e391 feet to the southeasterly corner of land conveyed to JOHN I. E*KA2D? and wife by Deed recorded November 3, 1333 in look 5041, Page 130 of Official Records as Document No. 131330* thouce along the Southerly line of said land South i$'Sa' West, 37.4$ feet to the southwesterly corner thereof and the TRUE POINT OP BEGINNING of the property herein described, thence continuing Ieui)t IS'lO' Vest, a)2.04 fooll thence North 10 014 1 1I' last, 140.1$ ftoil thence North 03 1 10'41' last 132.17 feet to a point in the are of a 370 loot radius curve, concave Westerly in the Westerly line of that certain strip of land described In Deed to COUNTY Of SAN DISCO, retarded February 5, 1341 as Document No. 7104 in look 1144, Page 30 of Official Records and shown on Map of Road Survey Not $41, on file in the Office of the County Surveyor, said point being distant Northerly along the are of said curve 20,21 feet from the Westerly line of land described in Deed to lINER V. ANDERSON and vile, recorded July 17, 1330, as Document No. 43073 in leek 1211, Page 73 of D,edst thence North I3'31' I&#% is a point in the Easterly line of said Tract Ii thence South 0 01' last along said Easterly line to the Northerly corner of above r.terud to Anderson's Land, said corner being distant North C'S' West, 000 feet from the Southeasterly corner of said Tract Is thence South 25 023 1 30' Vest along the Westerly line of said Anderson's land, 22017 feet to the TRUE POINT Of BEGINNING. - --- ._j liiI1 lii z UK O lamp ¶JuL0 15514 1"-200 - -----•-:---•---- - TRW Rea' Estate Services 2 4 5 (1.80u.521.9663 - el. I Oo- f( S o , ,7 A• BL 7. - IS "-S - \j 7} sTh MEN SEC I— 7I2S—R5W—POR LOT MP 7970 - CARLSBAD TCT 72-9 I4AF 769 - CAPLSBAO TCT 72-22. - LOT MAP 1719 -LACUNA MESA TETS - TCT 3 POP TCT I - PUS 3312 MAP 622 - SOUTH OCEANSIDE REFILED 1890 - POP BLK 48 SEC 36 - T S-R5W - POR SE 14 . t RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 447 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22 day of January , 92 by and between Marrs and Associates (Name of Developer) hereinafter referred to as "Developer" whose address is Post Office Box 7501 San Diego, CA 92167 (Street) (City, State, Zip Code) and Leo S. Karlyn (Name of Legal Owner) a individual (Individual, Corporation, etc.) "Ovner" whose address is 732 N. Lake Avenue (Street) Pasadena, CA 91104 (City, State, Zip .Code) um hereinafter referred to as Suite 101 the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008. Form Approved By City Council April 22, 1986 Reso. No. 9169 1 / I . V RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A":, attached to 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 has contracted with Owner to purchase the Property and proposes a development project as follows: a lot line adjustment on said Property, which development carries the proposed name of Karlyn lot line adjustment and is hereinafter referred to as 'Developer"; and WHEREAS, Developer filed on the 22 day of January , 192, with the City a request for lot line adjustment and Hillside Development Permit 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 ifie 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 and Owner have 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 and Form Approved By City Council April 22, 1986 Reso. No. 9169 00 Owner propose 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 and Owner 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. 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 and Owner 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 and Owner 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 and Owner 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 and Form Approved By City Council April 22, 1986 Reso. No. 9169 3 - , /F • / Owner 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 Titles 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 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 Form Approved By City Council April 22, 1986 Reso. No. 9169 4 S 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 is 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 apply to the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be reference 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 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. Form Approved By City Council April 22, 1986 Reso. No. 9169 5 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: Leo S. Karlyn Marrs and Associates (Name) I (Name) (Signature) (Name) (Signature) ATTEST: BY: ( C) (. \\ BY: -' TITLE: f I i J v CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RAUTENKRANZ, City Clerk MARTIN ORENYAK For City Manager APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Reso. No. 9169 D1112 4 19$4-OUIUØH? Recording Requested By 1---JAH-1 994 03=19 P11 ind Return To: 7 40 CITY OF CARLSBAD OFFICIAL RECORDS 1200 Carlsbad Village Drive SAN DIEGO COUNTY RECORDER'S OFFICE Carlsbad, CA 92008 ANNETTE EVANS COUNTY RECORDER RE: 4.00 FEES: 0.00 RELEASE OF AGREEMENT AF: 100 TO PAY PUBLIC FACILITIES FEES 1.00 PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees between the City of Carlsbad and MARRS & ASSOCIATES / LEO S. KARLYN (92 -18) required by an Application for ________________________________________________ and recorded on 06/17/92 - , as Document No. 92 -037585 is hereby released for the following reason: 0 Fees Paid and Obligation Satisfied 0 Application Withdrawn SK Other APPLICATION EXPIRED DATED: 12/29/93 CITY OF CARLSBAD By MARTIN ORENYA1. Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: RONALD R. BALL City tome By a==~a2 REVISED 5/92 FRM0002 1 S "r— 11.1-SIDE 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 drojétequinrgtiat multiple' applications. b flIed' must 1iic ..Ir::,ti 39 p n A popased project equinng that only one application be filed must he su1mnied pnor to 4: 00 pnj 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 ii". Information items required: a. A completed Land Use Review Application Form. b. Five (5) copies of the slope analysis - Include north arrow and scale (see Section 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 U 0 (2) 15% to less than 25% slope 0 0 (3) 25% to less than 40% slope 0 0 (4) 40% or greater slopes 0 0 Indicate the acreage of land in each slope category TOTAL 100% FRM00011 4/91 Page 1 of 5 4 % Sb. Vertical Distance x 100 Horizontal Distance S (Distance between contour intervals) C. Five (5) copies of the slope profile(s) - Include vertical and horizontal scale. A minimum of three (3) slope profiles (slope cross sections) shall be provided and indexed on the constraints map. See Section 21.95.020(b) of the Carlsbad Municipal Code for additional requirements. d. Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. e. Five (5) copies of a preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. The scale should be consistent with all other exhibits. Each landscape plan shall contain the following information: (1) Landscape zones per the City of Carlsbad Landscape Manual. (2) Typical plant species, quantity of each species, and their size for each planting zone in a legend. (Use symbols). (3) An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. (4) Landscape maintenance responsibility (private or common) for all areas. (5) Percent of site used for landscaping. (6) Water Conservation Plan. f. Show with a site plan, grading plan, landscape plan, and building plans and elevations how development fulfills the following Hillside Development and Design Standards (21.95.060). Submit five (5) sets of each plan. (1) Coastal Zone Requirement (if applicable). (2) Contour grading. (3) Area or extent of grading. To define the area or extent of grading, the area in acres, of both cut excavation and fill areas shall be calculated. This calculation shall be noted on the particular cut or fill area. (4) Screening graded slopes. (5) View preservation and enhancement. (6) Roadway design. (7) Hillside architecture. (8) Hilltop architecture (9) Hillside drainage (10) Man-made slope height and volume of grading cut or fill. Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and filled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following: FRM00011 4/91 Page 2 of 5 Qbic Yards of Cut or Fill ading per Acre of Cut and Fill Area (in Acres) o - 7,999 Cubic yds./acre 8,000 - 10,000 Cubic yds./acre > 10,000 cubic yds./acre Re•e Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unacceptable El (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. g. Environmental Impact Assessment Form (separate fee required). h. Public Facility agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (separate fee required). i. A completed "disclosure statement". j. Three (3) copies of a preliminary title report (current within the last six (6) months). k. If Hillside Development Permit is not accompanied by any other permit, also include the following information on slope analysis: location, slope and width of driveway, building setbacks, location of any retaining walls and drainage systems. 2. A Planning Department counter person generally checks your application for completeness. If your application is incomplete, it cannot be accepted. If your application appears complete, it is accepted. 3. The Hillside Development Permit application is typically reviewed, processed, and approved concurrent with the first permit or application you may have with the City for that hillside area. 4. For approval of a Hillside Development Permit the following findings must be made: a. That hillside conditions and undevelopable areas of the project have been properly identified. That the development is consistent with the purpose, intent and requirements of the Hillside Ordinance to: (1) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; (2) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. FRM00011 4/91 Page 3 of 5 . (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 (21.95.60) and substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. d. That development is consistent with the provisions of Section 2 1.53.230 and 240 of the Carlsbad Municipal Code. 5. Submit a completed "Project Description/Explanation" sheet. FRM00011 4/91 Page 4of5 HIT J.E DEVELOPMENT PERMIT CHECK COMMENTS 91 PROJECT NUMBER li Land Use Review Application Form 2) Slope Analysis (5 Copies) ,, Slope Profile (5 Copies) Environmental Impact Assessment Form (Separate Fee reQuired) S. Site Plan, Grading Plans, Preliminary Landscape Plan, Building Plans, Elevations (5 each) Disclosure Statement Title Report (3 Copies) Application Fees. (Planner to include Application Number and Account Number on receipt) PFF Agreement (2 Copies) (Separate Fee Reciuired) 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. Rev. 4/91 ProjDe.c.frm . . City. of Carlsbad Pl a nn i ng Dte partment l 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 . (Over) A 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 FRM00011 4/91 Policy No. 21 Effective Date 3/12/90 PLANNING DEPARTMENT ADMINISTRATIVE POLICY Fences DEFINITIONS Fence - A 'er[ical harrier or enclosure constructed of any material which supports no other load other than its own weight. 2. Wall - A solid fence. 3. Retaining Wall - A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal to the height of the wall. The term "wall" in Section 21.46. 130 of the Zone Code and other applicable sections of the code shall be interpreted to mean retaining walls in addition to solid fences. 4. SaFety Railing . An open fence not to exceed 36" in height. The said openings, between the materials of which the fence is constructed must not represent less than 70 percent of the total surface of each five foot linear section when viewed perpendicular to the face of the fence. 5. The total height of all walls, fences, retaining walls, and combination fence/retaining walls in a required setback shall not exceed the following limits: A. In a 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 conrorm to the definition of a safety railing. APPROVED BY: MICHAEL J. ~IbLZALLER Planning Director JG:af •.,i'4 , , - CITY OF CARLSBAD 1+f 72- -a 1200 CARLSBADWLLAGE DRIVE CARLSBAD, A FORNIA 92008 438-5621 REC'D FRO DATE p ACCOUNT NO. DESCRIPTION AMOUNT op 37I 6353 2/k3/ UOUJ. 01 0- C-F'RMT 620 00 RECEIPT NO. 11,438 TOTAL