HomeMy WebLinkAboutHDP 95-15; CAMINO WEST BUSINESS PARK; Hillside Development Permit (HDP)·-1'-, . ' • CITY OF CARLSBAD t 1-'-LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
, (FOR DEPT (FOR DEPT r USE ONLy) USE ONLY)
0 Master Plan 0 General Plan Amendment
0 Specific Plan 0 Local Coastal Plan Amendment
0 Precise Development Plan D Site Development Plan
0 Tentative Tract Map 0 Zone Change
0 Planned Development Permit 0 Conditional Use Permit
0 Non-Residential Planned Development II Hillside Development Permit \tDP 1":::>-15
0 Condominium Permit B Environmental Impact Assessment
0 Special Use Permit 0 Variance
0 Redevelopment Permit D Planned Industrial Permit
0 +tlHtatP.'tl P!ll'sel M!lf3 D Coastal Development Permit
Obtain from Eng. Dept
0 Administrative Variance 0 Planning Commission Determination
0 Administrative Permit -2nd Dwelling Unit 0 List any other applications not specificed
2) LOCATION OF PROJECT: ON THE I North 1 SIDE OF Icamino Vida ROblel
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN I Corte del Nogal I AND I Corte del Abeto I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I Lot 11 of Carlsbad Tract No. 80-34, City of Carlsbad,
San Diego County, California, according to Map No. 10062, filed on April 15, 1981 in the
ottlce ot the l.:oum:y Kecoraer ot ~an ulego l.:ounty as t'l.1.e NO. cH -.L.L~.L;U.
4) ASSESSOR PARCEL NOeS). I 213-061-1100 1
5) LOCAL FACILITIES [}] 6) EXISTING GENERAL PLAN ~ 7) PROPOSED GENERAL PLAN ~ MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING I PM 19) PROPOSED ZONING I N/A 1 10) GROSS SITE IN/A 1
ACREAGE
11) PROPOSED NUMBER OF I N/, 12) PROPOSED NUMBER I N/AI13) TYPE OF SUBDNISION IN/AI RESIDENTIAL UNITS OF LOTS
(RESIDENTIAL, COMMERCIAL ,INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL I N/A I UNITS
15) PROPOSED INDUSTRIAL I N/A 116) PROPOSED COMMERCIAL I N/A 1
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE I) 7~Q;L:LJ'1
NOTE:
". • em OF CARLSBAD II
LAND USE REVIEW APPUCATION FO~ PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE N/A
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS N/A
19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFIC N/A
20) PROJEcr NAME:' camino West Business Park
21) BRIEF DESCRlPTION OF PROJEcr:
Existing slope remediation project for
IThree multi-tenant/liqht industrial
buildings totaling 44,574 square feet on 4.14 acres of land,
located three miles east of Interstate 5 and 1/2 mile south of
Palomar Airport Road.
22) IN 111E PROCESS OF REVIEWING nilS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF cm STAFF,
PLANNING COMMISSIONERS, DESIGN REVIEW BO M BERS, OR cm COUNCIL MEMBERS TO INSPEcr AND
ENTER niE PROPERTI mAT IS E SU F I PU nON. I/WE CONSENT TO ENTRY FOR 111IS
PURPOSE
23) OWNER Mission West Properties 24) APPUCANT Same
NAME (PRINT OR TYPE) NAME (PRlNT OR TYPE)
Harve Filuk, Vice President
MAIUNG ADDRESS MAIUNG ADDRESS
6815 Flanders Drive Suite 250
cm AND STATE ZIP TELEPHONE cm AND STATE ZIP TELEPHONE
San Diego, CA 92121 (619)450-3135
( CERTIFY 'mAT I AM 11lE LEGAL OWNER I CERTIFY 'mAT I AM 11lI! rEGAL OWNER'. REPRESENTATIVE AND
AND 'mAT AU. THE ABOVI! INFORMATION 'mAT AU. THE ABOVI! INFORMATION IS TRUE AND CORRECT TO 11lI!
(S TRUE AND CQlUI£CT TO THE BEST OF BEST OF MY KNOWLEDGE.
MY KNOWLEOGE.
L2~LlVI SI~J DATE
DATE (o/l&/7j 0_ A tiP /q//(~ j--
**************************************************************************************************************~*************
FOR cm U§~ ONI"X ","'-"i?oS!",,%~.<!~"n ,I''''--'D §'ii~~~G'0~ ,
FEE COMPUTATION:
APPUCATION TYPE FEE REQUIRED OCT 2 5 1995
;,:,~ ~ Wf,r.·tp 0 ~~ {.~~ t t; , ~ ~ J;:~ ~ ,~ ~}, ~Df 1s-(s;-LtoO.OO ~.l;.o f fJ ~'~ ~.J...;rPl.g·1:~V:j.'It.~'t.·"'A:W
}VO tfCSL t=-~ ~oc. cC'\ k~ ~ ~~~\ ~'~i ?~ ~ r~,E (2 C3 ~~ FY t~ ~
blA-r 220.0-) DATE STAMP APPUCATION RECEIVED
RECEIVED BY:
I :::o~ I
TOTAL FEE REQUIRED I t 1)IW.00 I
DATE FEE PAlD )0 -'2-,5-'5-RECEIPT NO. I 2S3? (
Form ~o. 1068-1 <Rev. 10/17/92)
E,xhibit A to Preliminary Report
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Preliminary
Report
First American Title Insurance Company
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MISSION WEST PROPERTIES
CAMINO WEST BUSINESS PARK
6 of 10
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ORDER NO. 1108515-20
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
December I, 1994
FIRST AMERICAN TITLE
1850 MT. DIABLO BLVD
#300
WALNUT CREEK, CA 94596 •
ATTN: PAMELA NICOLINI
YOUR REF: 763933
OUR ORDER NO. 1108515-20
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 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
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 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.
DATED AS OF NOVEMBER 16, 1994 AT 7:30 A.M.
SKIP S Y -TITLE OFFICER
DIRECT DIAL PHONE 231-4636
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ORDER NO. 1108515-20
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
. ALTA OWNERS
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
MISSION WEST PROPERTIES, A CALIFORNIA CORPORATION
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE L&~D 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 FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, NOW
PAYABLE, A LIEN NOT YET DELINQUENT.
2. 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.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. AN EASEMENT FOR SEWER PIPE LINES AND/OR MAINS, MANHOLES, SEWER
LATERAL PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF BUENA
SANITATION DISTRICT, RECORDED JANUARY 5, 1965 AS FILE NO. 1288
AND SEPTEMBER 21, 1965 AS FILE NO. 171355, BOTH OF OFFICIAL
RECORDS, AND SHOWN ON THE MAP OF SAID TRACT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
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ORDER NO. 1108515-20
THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE,
COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED OCTOBER 1, 1974 AS FILE NO.
74-263897 OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY
A DECLARATION OF ANNEXATION RECORDED DECEMBER 31, 1974 AS FILE
NO. 74-337587 OF OFFICIAL RECORDS.
AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED JUNE 1, 1977 AS FILE NO.
77-212678; JUNE 27, 1977 AS FILE NO. 77-252978 AND JUNE 27, 1977
AS FILE NO. 77-252979, ALL Of OFFICIAL RECORDS. -
6 . A 25 FOOT EASEMENT FO,R PEDESTRIAN AND EQUESTRIAN ACCESS AND
INCIDENTAL PURPOSES AS DEDICATED ON MAP NO. 8418.
7 . AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
FEBRUARY 25, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:
RECORDED: MARCH 18 ,
RECORDS.
1980 AS
OAK SYSTEMS INCORPORATED AND
PALOMAR AIRPORT BUSINESS PARK AND
THE CITY OF CARLSBAD.
FILE NO. 80-092260 OF OFFICIAL
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
8. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF ING~ESS OR EGRESS TO OR FROM CAMINO VIDA ROBLE ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 10062.
9. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND COMMUNICATION
FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF-SAN DIEGO GAS AND
ELECTRIC COMPANY, RECORDED AUGUST 10, 1981 AS FILE NO. 81-252845
OF OFFICIAL RECORDS, LOCATED WITHIN THE SOUTHEASTERLY 85.00 FEET
OF THE NORTHWESTERLY 200.00 FEET OF THE NORTHEASTERLY 8.00 FEET
OF SAID LOT 11.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
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ORDER NO. 1108515-20
AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN
FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RE£ORDED OCTOBER
14, 1981 AS FILE NO. 81-325012 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
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BEGINNING AT A POINT OF THE SOUTHEASTERLY LOT LINE OF SAID LOT
11, ALSO BEING A POINT ON THE END OF CURVE OF A TANGENT 25-FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE ALONG THE SOUTHEASTERLY LOT LINE OF
SAID LOT 11, SOUTH 62°30'06 11 WEST A DISTANCE OF 10.61 FEET TO A
POINT; THENCE LEAVING THE SOUTHEASTERLY BOUNDARY LINE NORTH
17°30'08 11 EAST A DISTANCE OF 50.36 FEET TO A POINT OF
INTERSECTION WITH THE NORTHEASTERLY LOT LINE OF SAID LOT 11;
THENCE ALONG THE NORTHEASTERLY BOUNDARY SOUTH 27°29'54" EAST A
DISTANCE OF 10.61 FEET TO THE BEGINNING OF A TANGENT 25-FOOT
RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°00'00 11 A DISTANCE OF 39.27 FEET TO
THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID DOCUMENT CONTAINS AN ERRONEOUS LEGAL DESCRIPTION.
11. AN AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT
SYSTEM, DATED APRIL 16, 1986, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, CALIFORNIA,
A MUNICIPAL CORPORATION AND
PALOMAR AIRPORT BUSINESS PARK DBA
MITSUI FUDOSAN (USA) INC., A
CALIFORNIA CORPORATION.
RECORDED: APRIL 28, 1986 AS FILE NO. 86-164181 OF OFFICIAL
RECORDS.
12. ANY EASEMENT OR LESSER RIGHT AFFECTING THE PORTION OF SAID LAND
AND FOR THE PURPOSES HEREIN STATED INCLUDING INCIDENTAL PURPOSES
DISCLOSED BY A SURVEY OR INSPECTION OF SAID LAND FOR TELEPHONE
VAULT WITH CABINET.
13. ANY EASEMENT OR LESSER RIGHT AFFECTING THE PORTION OF SAID LAND
AND FOR THE PURPOSES HEREIN STATED INCLUDING INCIDENTAL PURPOSES
DISCLOSED BY A SURVEY OR INSPECTION OF SAID LAND FOR CONCRETE
APRON WITH DOWN DRAIN.
AFFECTS THE SOUTHWESTERLY PORTION OF LOT 11 OF MAP NO. 10062.
14. AN EASEMENT FOR THE FOLLOWING PURPOSES: THE CONSTRUCTION,
OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO
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-"" . :...:.:-.:.",..~~f":. . ORDER NO. 1108515-20
CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES
DESIGNED FOR THE GENERAL PURPOSES OF COLLECTING, STORING,
TRANSPORTING, PUMPING, AND TREATING ALL WATER, INCLUDING SURFACE
WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO
SAID FACILITIES AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES
AND STRUCTURES OF KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE
GROUND AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL
WATER DISTRICT, RECORDED JUNE 14, 1990 AS FILE NO. 90-322018 OF
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT J:S SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. A HOLD HARMLESS DRAINAGE AGREEMENT DATED JUNE 25, 1990, UPON THE
TER~S, COVENANTS, AND CONDITlONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: L1011 PARTNERSHIP, A CALIFORNIA
GENERAL PARTNERSHIP AND THE CITY
OF CARLSBAD.
RECORDED: JULy 16, 1990 AS FILE NO. 90-383702 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
16. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE,
RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES
CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND
APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES
AND APPURTENANCES. THE ABOVE FACILITIES WILL BE INSTALLED AT SUCH
LOCATIONS AND ELEVATIONS UPON, ALONG, OVER AND UNDER THE
HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR HEREAFTER
DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY, A CORPORATION, RECORDED AUGUST 28, 1990 AS FILE NO. 90-
469531 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
LOT "11 OF CARLSBAD TRACT NO. 80-34, ACCORDING TO MAP THEREOF NO.
10062, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OF SAN DIEGO.
THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE A STRIP OF LAND , INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES , WHICH SIDELINES SHALL BE 3 FEET, MEASURED AT RIGHT ANGLES, ON
EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN
SAID PROPERTY ON OR BEFORE MAY 30, 1991.
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ORDER NO. 1108515-20
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. A DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND
FIXTURE FILING -TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $4,575.000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED OCTOBER 19, 1990 AS FILE
NO. 90-0569102 OF OFFICIAL RECORDS.
DATED: JULY 3, 1990
TRUSTOR: L1011 PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP
TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
AN ASSIGNMENT OF LEASES, DATED JULY 3, 1990, AS ADDITIONAL
SECURITY FOR THE DEED OF TRUST RECORDED OCTOBER 19, 1990 AS FILE
NO. 90-0569102 OF OFFICIAL RECORDS.
EXECUTED BY LI011 PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP
TO SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION
AND RECORDED OCTOBER 19, 1990 AS FILE NO. 90-0569103 OF OFFICIAL
RECORDS.
A MODIFICATION AND ASSUMPTION AGREEMENT DATED NOVEMBER 26, 1991,
RECORDED DECEMBER 24, 1991 AS FILE NO. 91-0666589 OF OFFICIAL
RECORDS, EXECUTED BY MISSION WEST PROPERTIES, A CALIFORNIA
CORPORATION AND L1011 PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP AND SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF
TRUST AS THEREIN PROVIDED.
AN INSTRUMENT DATED SEPTEMBER 16, 1993, RECORDED OCTOBER 28, 1993
AS FILE NO. 1993-0726590 OF OFFICIAL RECORDS, EXECUTED BY MISSION
WEST PROPERTIES, A CALIFORNIA CORPORATION AND BANK OF AMERICA
NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKING
ASSOCIATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS
THEREIN PROVIDED.
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ORDER NO. 1108515-20
A DEED OF TRUST TO WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT
AND FIXTURE FILING SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF_ $2,475,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED _OCTOBER 19, 1990 AS FILE
NO. 90-0569104 OF OFFICIAL RECORDS.
DATED: JULY 3, 1990
TRUSTOR: L1011 PARTNERSHIP,
PARTNERSHIP
A CALIFORNIA GENERAL
TRUSTEE:
BENEFICIARY:
EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
AN ASSIGNMENT' OF LEASES, DATED JULY 3, 1990, AS ADDITIONAL
SECUFT~Y F~R THE DEED OF TRUST RECORDED OCTOBER 19, 1990 AS FILE
NO. 90-0569104 OF OFFICIAi RECORDS.
EXECUTED BY L1011 PARTNER~HIP, A CALIFORNIA GENERAL PARTNERSHIP
TO SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION
AND RECORDED OCTOBER 19, 1990 AS FILE NO. 90-0569105 OF OFFICIAL
RECORDS.
A MODIFICATION AND ASSUMPTION AGREEMENT DATED NOVEMBER 26, 1991,
RECORDED DECEMBER 24, 1991 AS FILE NO. 91-0666590 OF OFFICIAL
RECORDS, EXECUTED BY MISSION WEST PROPERTIES, A CALIFORNIA
CORPORATION AND L1011 PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP AND SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF
TRUST AS THEREIN PROVIDED.
AN INSTRUMENT DATED SEPTEMBER 16, 1993, RECORDED OCTOBER 28, 1993
AS FILE NO. 1993-0726591 OF OFFICIAL RECORDS, EXECUTED BY MISSION
WEST PROPERTIES, A CALIFORNIA CORPORATION AND BANK OF AMERICA
NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKING
ASSOCIATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS I THEREIN PROVIDED.
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ORDER NO. 1108515-20
19. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF COMMUNITY
FACILITIES DISTRICT NO.1, CITY OF CARLSBAD, AS DISCLOSED BY
INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF
OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTaER PARTICULARS.
A NOTICE OF SPECIAL TAX LIEN, WHICH RECORDED MAY 20, 1991 AS FILE
NO. 91-0236959 OF OFFICIAL RECORDS.
1994-1995 TAX INFORMATION:
CODE AREA:
PARCEL NO. :
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09018
213-061-11-00
$10,711.91 OPEN
$10,711. 91 OPEN
$900,000.00
$1,250,000.00
$243,016.00
PAGE 8
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ORDER NO. 1108515-20
LEGAL DESCRIPTIQN
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 11 OF CARLSBAD TRACT NO. 80-34, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10062,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
APRIL 15, 1981 AS FILE NO. 81-115130 OF OFFICIAL RECORDS.
T:12/01/94 11:28:08 V: / / LB 00 PAGE 9
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CARLSBAD TRACT NO.80-34
PALOMAR AI RPORT BUSINESS PARI<
LOT-2
LOT-4
4.0ze. A.C.
MAP NO. 10062
EET 3 OF 4
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This Is not a survey of the land but Is compiled
for Information by the First American Title Insurance
Company from davwn by the official records.
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liJ .'tI" ..::w.. •• IU.M.tU.Art. --_.-_.------------
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tt'MERICAN LAND TITLE ASSOCIATION LOAN POLl.1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVER
SCHEDULE OF EXCLUSIONS FROM COVERAGE
( An-law. ordrnance or governmenlairegulalron (Including bul nolltmlled to building and ZOning ordinances) reslrrcltng or regulating or prohibiting the occupancy. use or enloyment ot the land. or regulallng the character.
CI';enSlons or location of any Improvemenl now or hereaher erecled on Ihe land. or prohlbillng a separalron in ownership or a reducllon m Ihe dimenSions or area of Ihe land. or Ihe eNecl 01 any violallon of any
s~:n law ordinance or govern menial regulallon
R.~~ls 01 emrnenl domain or governmenlal rlghls 01 poltce power unless nolrce of Ihe exercise 01 such rrghts appears in the public records at Date of Policy .
3.
4.
...,!)elws. liens. encumbrances. adverse claims. or olher mailers (a) crealed. suffered. assumed or agreed 10 by Ihe Insured claimant. (b) not known 10 Ihe Company and not shown by Ihe public records but known
10 Ine Insured claimant eilher at Dale 01 Policy or althe dale such clalmanl aCQuired an eslate or inlerestmsured by Ihls policy or aCQUIred the Insured mortgage and not disclosed In wfltrng by Ihe Insured claimant
10 Ihe Company pi,or 10 Ihe date such Insured claimant became an Insured hereunder. (c) resulting in no loss or damage to Ihe Insured claimant; (d) allaching or created SUbseQuent to Dale 01 Poltcy (except 10
Ihe eXleni Insurance IS afforded herem as to any stalulory lien lor labor or materrat or to the eXlent insurance is afforded herein as 10 assessments for street Improvements under construction or completed at Date
01 Poltcy).
Urenlorceablltty 01 the hen ollhe Insured mOrlgage because of failure of Ihe Insured at Dale 01 Policy or of any subseQuent owner of the indebtedness to comply wllh applicable 'dOing bUSiness' laws of the stale
m .... h,ch the land IS situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1970 WITH REGIONAL EXCEPTIONS
When the A"'erlcan Land Me AsSOCiation Lenders Policy is used as a Siandard Coverage Policy and not as an Extended Coverage Policy. the exctuslons set fonh in paragraph 4 above are used and the follOWing exceptions
10 covera;e aopear In Ihe poltcy
SCHEDULE B
This poltcr coes not msure against loss or damage by reason of the mailers shown m paris one and two loll owing
Pan One
1.
2.
3.
4.
5.
Tao.es or assessments which are nol shown as eXlslrng hens by the records 01 any laxmg aulhoflly thai tevles taxes or assessmenls on real property or by the pubhc records.
Ar.) facts. fights. interests. or claims which are not sno .... n by Ihe pubhc recoros Oul which could be ascerlained by an mspeclion 01 said land or by making inQUiry 01 persons m possession thereof.
Easemenls. ctalms of easemenl or encumbrances which are nol shown by Ihe publtc records.
D.screpancles. conllicls In boundary lines. shonage in area. encroacnments. or any olher facls which a correct survey woutd disclose. and which are not shown by public records.
Unoalented mining claims; reservallons or exceptions In patenls or In ACls authonzlng the issuance the!eol; waler righlS. claims or title 10 waler.
6. My Iren. or IIghl 10 a lien. for services. labor or malerlallheretolore or hereaNer furnished. imposed by 'Iaw and nOI shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1992
WITH A.L.lA. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
( .ollov;rng mailers are expressly excluded Irom the coverage 01 Ihis policy and Ihe Company will nol pay toss or damage. cos Is. allorneys' fees or expenses which anse by reason of.
1. (a) My law. ordinance or governmenlal regula lion (inCluding but nolltmlled 10 building and zoning taws. ordinances. or regulations) restnctlng. regulatrng. prohibiting or relating to (i) the occupancy. use. or enloymenl
01 lhe land; (ii) the characler. dimensions or localion 01 any Improvement now or herealier erecled on Ihe land; (iii) a separalion In ownership or a change in Ihe dimensions or area ollhe land or any parcel of which
fhe land 15 or was a pan: or (iv) environmenlal protectIon. or Ihe eNecl 01 ~ny vrOlallon ollhese laws. ordinances or governmental regulalions. exceplto Ihe extenl that a notice ollhe enforcementlhereof or a notice
01 a delect. iten or encumbrance resulling from a violalion or alleged Violation alfecting Ihe land has been recorded In the public records at Dale 01 Polfcy.
2.
3.
4.
5.
6.
7.
(b) Mi' governmenlal pOlice power nol excluded by (a) above. excepl to Ihe eXlentlhat a nolrce ollhe exercise Ihereol or a notice 01 a delect. lien or encumbrance resulting from a violalion or alleged violation affecting
(a)
(b)
Ic)
(d)
Ie)
(I)
the land has been recorded In Ihe pubhc records at Dale 01 Pohcy.
Righis 01 emlnenl domain' unless nolice 01 the exercise Ihereol has been recorded In Ihe public records at Date 01 Policy. bul not excluding Irom coverage any laking which has occurred pllor to Dale of Policy which
would be binding on Ihe rights of a purchaser for value wllhoul knowledge.
Delecls. hens. encumbrances. adverse claims or olher mailers·
crealed. sulfered. assumed or agreed 10 by Ihe Insured claimant;
no: known 10 Ihe Company. nol recorded in Ihe pUbliC records at Dale 01 Pohcy. but known 10 Ihe Insured ctalmanl and not disclosed in wntlng 10 the Company by Ihe insured claimant prior to the date the insureo
cia manl became an Insured unOer Ihls pohcy.
res~lIlng in no loss or damage 10 Ihe Insured claimant.
a~.zchlng or crealed subseQuenlto Date of Policy (excepllo the eXlenllhallhls policy Insures the pllortly ollhe lien ollhe insured mortgage over any slatulory lien lor services. labor or material or the extent Insurance
IS .Horded herein as to assessmenls lor slleet Improvemenls under construction or compleled al dale 01 policy). or
res~lIrng in loss or damage whicti"would nol have been suslained i1lhe rnsured clalmanl had paid value lor Ihe Insured morlgage.
Unenlorceabihly 01 Ihe lien ollhe Insured morlgage because ollhe lnablilly or lallure ollhe insured al Dale 01 Pohcy. or Ihe Inability or lailure 01 any subsequent owner 01 the Indebtedness. to comply wilh applicable
'oolng bUSiness" laws of the slale In which the land is Sllualed
Invaltdlly or unenlorceability 01 the lien 01 the Insured mongage. or claim thereol. which allses out 01 the transaction eVidenced by Ihe Insured mongage and is based upon usury or any consumer credit proleclion
or trulh In lendrng law .
Any slalutory hen lor services. labor or matenals (or the claim 01 pllorlly 01 any Slalulory hen for services. labor or malerials over Ihe lien 01 Ihe insured mOrigage) arrsing Irom an improl'ement or work relaled 10
Ine land which is Conlracled lor and commenced subseQuenl 10 Dale 01 Pohcy and IS nOI "nanced In whole or In part by proceeds of the Indebledness secured by the insured mongage which at Dale 01 Pohcy the
Insured has advanced or IS obltgaled 10 advance.
Any claim. which allses oul of the lIansaClion creallng the Inleresl 01 the morlgagee insured by Ihls po hey. by reason ollhe operallon of federal bankruptcy. state insolvency. or similar creditors' rigrils laws. fhat
is based on' -
the lIansacllon crealing the Inlerest ollhe Insured mongagee being deemed a Irauduleni conveyance or Iraudulent Iransler. or
(ii) Ihe subordlnallon 01 Ihe Inleresl of Ihe insured morlgagee as a resull 01 Ihe applicalion 01 Ihe dociline 01 eQullable subordlnallon; or
(iii) the transaction creallng the InlereSI 01 the Insured mongagee being deemed a prelerenllal Iransler excepl where the prelerenlial transler resulls from the lailure
lal to Ilmely record Ihe Insllumenl 01 Ilansler. or
(~l 01 such recordallon to Impan nOlice 10 a purchaser 10' value or a ludgmenl or hen credllor
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1992 WITH REGIONAL EXCEPTIONS
I
When m: ;-e-CG112no Tille Assc:.a:ior. POliC) ·s useo as a S;a~.:G·: Coverage PoIIC} ao: no: as an Extenoed Coverage Pohcy Ihe exclUSions sellorth In paragraph 6 above are usea and toe fol:o .... ,ng excepllcns 10 coveraoe
appea-.r :-: ~~, :) -
, ! Ci ,-.',.
'-£,.-1 tj l j a CITY OF CARLSBAD a
v 1200 CARLSBA~LLAGE DRIVE CARLSBAD, ~IFORNIA 92008
434·2867
ACCOUNT NO. DESCRIPTION AMOUNT
-
/) /',) , .' I · ... -ll ' ,t2h. )MA.r /11)/) (j.r----/ s· ~'i-~lh-v '--~) F-x: A · .... X' c-.~t: ,"!-'--:)
~--)b---!' ~ ,.-_1./--c._t:.:.-.. ~~ C:;:J-.'O .......... -6'-c'
..
' .. -. ' .-..
"i,jV~. J.Vi .!.;:JI ?.;} \JvvJ., VJ., v,
C-PRNT 1121).(j{)
I
I I I I
i I I
~ /f I 25311 NOT VALID UNLESS VALIDATED BY TOTAL I RECEIPT NO.l ' ) /) I
J. ,"'/ I I I (,:-{J 1 (f ,,'
,/ <it> 'Printed on recycled paper. CA$H REGISTER
;1.;cJ'I.',,·'~I, ',~~'~ l~~~ """,' l"r"j',,·,\1
.-----..:C=--=--=i t-.l-o-==---=--,f Car I s bad
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.
Mission West Properties
6815 Flanders Drive
Suite 250
San Diego, CA 92121
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Mission west Properties
6815 Flanders Drive
Suite 250
San Diego, CA 92121
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 1 0% of the shares in the corporation or owning any partnership
interest in the partnership.
Triton Group, Ltd. Byron B. Webb, Jr.
550 West "e" Street La Jolla Savers & Mortgage Fund
suite 1880 Drawer B
--------~------~~~---------San Diego, CA 92101 La Jolla, CA 92038
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.
FRMOOO11 4/91
------------------------------~--~--~~~~~--~~~~~~ 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (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 xx If yes, please indicate person(s) ________________ _
Person Is defined as: 'Any Individual, firm, copartnership, joint venture, aHOClatIon, eoclal club, fraternal organization, corporation, estate, trust.
receiver, syndicate, thl. and any other county, city and county, city municipality, dlttrlct or other politicalaubdlvl.Ion, or I.fro/ other group or
combination acting at • unit'
(NOTE: Attach additional pages as necessary.)
Mission West Mission
Harve Filuk, Vice President Harve Filuk, Vice President
Print or type name of owner Print or type name of applicant
FRMOOO11 4/91
,
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Corte Del Abeto, Lot 11, Slope Remediation Project
APPLICANT NAME: Mission West Properties
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.
This is a slope remediation project for an existing commercial building (Building
A, see Figure 1) that is approximately located at the corner of Camino Vida
Roble and Corte Del Abeto. Currently, one side of the building acts as a
retaining wall for a 2: 1 (horizontal to vertical) graded slope that daylights
approximately halfway up the building wall.
The soil behind the wall consists primarily of a clay mixture that expands when
moisture is introduced either by rain or irrigation. The expansion of the clay
material has produced unwanted stress on the wall to the extent that the
structural stability of the building is in jeopardy, thereby requiring mitigation.
Mitigation to relieve the wall of the adverse stresses imposed by the existing
2:1 slope will consist of the regrading of the slope to 1.5:1, thereby removing
a good portion of the clay backfill material (slope) from the building wall (see
Exhibit 1, Section A-A). It is anticipated that approximately 3,000 cubic yards
of material will be removed.
Biotechnology will be used to stabilize the proposed 1.5: 1 slope. Specific
types of plants and density will be required to maintain the surficial stability of
the slope. A geotechnical report will be provided addressing this issue when
final plans are submitted.
e HIlLSIDE DEVELOPMENT P~
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.
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
pennit or application for development of a Hillside area.
How your Hillside Development will be Processed
Generally the steps involved in reviewing your Hillside Development Pennit application are as
follows:
1. A Hillside Development Permit application is submitted to the Plarurlng Department
Identify slopes
. at 2075 Las Palmas Drive. The application must be submitted with and reference
any other permit application such as a building or grading permit, tentative map,
etc. All maps submitted shall be folded to 8-1/2-x 11-. Information items required:
a. 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 %
(1) o to less than 15% slope 0 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%
FRMOOOll 10/92 Page J
4 ,f>.
% see = Vertical Distance x 100
Horizontal Distance
(Distance between contour intervals)
c. Five (5) copies of the slope profile(s) -Include vertical and horizontal scale.
A minimum of three (3) slope profiles (slope cross sections) shall be
provided and indexed on the constraints map. See Section 21.95.020(b) of
the Carlsbad Municipal Code for additional requirements.
d. Assu:rance 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:
~OOOll 10/92 Page 2 of 5
-Cubic Yards of Cut or Fill
Grading per Acre of
Cut and Fill Area (in Acres)
0-7,999 Cubic yds./acre
8,000 -10,000 Cubic yds./acre
> 10,000 cubic yds./acre
e
Relative Sensitivity of
Hillside Grading Volume
Acceptable
Potentially acceptable
Unacceptable
(11) If Sections 21.95.060(c)(2) and 0)(4) of the Carlsbad Municipal
Code are applicable to the proposed project please provide the
written findings required by those sections.
(12) Potential development and design standard modification. If
requesting a modification to the development and design standards
pursuant to Section 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
0ne-{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.
b. That the development is consistent with the pwpose, 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.
FRMOOOll 10/92 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 compatt"ble with the existing
topography.
c. That hillside development is consistent with the Hillside Development and
Design Standards (21.95.60) and substantially conforms to the intent of the
concepts illustrated in the Hillside Development Guidelines Manual.
d. That development is consistent with. the provisions of Section 21.53.230 and
240 of the Carlsbad Municipal Code.
5. Submit a completed "Project Description/Explanation" sheet.
6. Deposit for Publication of Notices -See Fee Schedule for amount.
FRMOOOll 10/92 Page 4 of 5
" . AIDE DEVEWPMENT PERMIT amrAISf
COMMENTS
PROJECf NUMBER
). Land Use Review Application Form
Slope Analysis (5 Copies)
Slope Profile (5 Copies)
Environmental Impact Assessment Form (Separate Fee required)
Site Plan. Grading Plans. Preliminary Landscape Plan . .lhWding Plans. J!levatiOliS (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 Required) The original PFF Agreement with the
application number written in the lower right hand comer and one copy of the title report must be
sent to the City Clerk's Office by the Planning Department for review and recordation)
City will waive this Agreement; City will use PFF Agreement
per existing PIP.
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 _______________ _
,FRMOOOll 10/92 Page 5 of 5
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Corte Del Abeto, Lot 11, Slope Remediation Project
APPLICANT NAME: Mission West Properties
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.
This is a slope remediation project for an existing commercial building (Building
A, see Figure 1) that is approximately located at the corner of Camino Vida
Roble and Corte Del Abeto. Currently, one side of the building acts as a
retaining wall for a 2: 1 (horizontal to vertical) graded slope that daylights
approximately halfway up the building wall.
The soil behind the wall consists primarily of a clay mixture that expands when
moisture is introduced either by rain or irrigation. The expansion of the clay
material has produced unwanted stress on the wall to the extent that the
structural stability of the building is in jeopardy, thereby requiring mitigation.
Mitigation to relieve the wall of the adverse stresses imposed by the existing
2:1 slope will consist of the regrading of the slope to 1.5: 1, thereby removing
a good portion of the clay backfill material (slope) from the building wall (see
Exhibit 1, Section A-A). It is anticipated that approximately 3,000 cubic yards
of material will be removed.
Biotechnology will be used to stabilize the proposed 1.5: 1 slope. Specific
types of plants and density will be required to maintain the surficial stability of
the slope. A geotechnical report will be provided addressing this issue when
final plans are submitted.
~ '. '.
DEFINITIONS
PLANNING DEPARTMENT
ADMINISTRATIVE POLlCY
fences
Polit.), No. 21
EITcctive Date 3/12! 90-
I. I'ellu,: . ,\ \crtical harricr or cnclusurc cUI1:-.tructeu or any material v.hich supports
no other luau othl.:r than its ov.n weighl.
\\,,,11 • A soliu l"cm:e.
3. Rdaining Wall -A ..... all 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 21.40,130 of the Zone Cude and other applicable sections of the
coue shall be interpreted to mean retaining walls in addition to solid fences.
4. Sall:tv Railing -An open fence nut lo l.:xcecu 3()" in height. The saiu openings.
nt.:L\\.een the !1\<Il1.:ri.ds uf which the fence is construcLeu must not represent less than
7U percent of the lolal surface o( em:h five foot linear section v.hen viewed
perpendicular to the face of the fence.
5. The tutal height or all walls. fences. retaining walls. and combination fence/retaining
walls in a requireu setback shall not exceed the following limits:
r\. In a requircu front yaru setback. the tutal height shall not excecu 42 inches.
(Example. Two 42 inch retaining walls would not be permitted nor a 42 inch
retaining wall and anuther 42 inch' fence).
B. In a required siue and rear yard setback. the total height shall not exceed
6 feet. (Example -A 4 n. 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
fem;cs and retaining walls).
D. A 36 inch safety railing is required on top of all retaining walls that exceed
a height of 3 feel. The maximum height of the railing shall be .36 inches and
must conform tu the uefinilion of a safety railing.
APPROVED BY:
/1AA ,; tL d1:J 1tQ ab .~~
Planning Director
JG:af
--------------GROUP DELTA CONSULTANTS, INC.
Walter F. Crampton
Barry R. Bevier
Phillip C. Birkhahn
Braven R. Smillie
Welford E. Garner
Matthew W. Eckert
Mr. Jeff Gibson
CITY OF CARLSBAD
Engineering Department
2075 Las Palmas Drive
Carlsbad, California 92009-4859
HILLSIDE DEVELOPMENT PERMIT FOR
Engineers and Geologists
4455 Murphy Canyon Road, Suite 100
San Diego, CA 92123-4379
Tel (619) 573-1777 Fax (619) 573-0069
Project No. 1608-EC01
October 18, 1995
CORTE DEL ABETO SLOPE REMEDIATION PROJECT
CARLSBAD, CALIFORNIA
Gentlemen:
Enclosed is the supporting documentation that the City requires for
the issuance of the Hillside Development Permit. I would like to
thank you for your invaluable assistance in its preparation, since it
is the first time that I have been involved in this type of permit
process.
If you have any questions or need additional documentation, please do
not hesitate to call.
SincerelYI
&~~-1..-----Adol~~r Engineer
for GROUP DELTA CONSULTANTS, INC.
AL/jc
Enclosures
-------------------.---~--------------
Adolph Lugo, P.E.
Senior Engineer
GROUP DELTA CONSULTANTS, INC.
Engineers and Geologists
4455 Murphy Canyon Road
Suite 100
San Diego, CA 92123-4379
TEL. (619) 573-1777
FAX (619) 573-0069