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HomeMy WebLinkAboutAV 96-03; LEVY RESIDENCE; Administrative Variance (AV) (5)• CITY OF CARLSBAD PLANNING DE icTMENT/RECORDS MANAGEMENT DOCUMENT MANAGEMENT SYSTEM SCANNED/IMAGED SHEET Thefollowing documents are scanned and indexed into the Document Management .Svstem:. INITIAL DOCUMENT(S) MAGED BY IMAGED DATE C e - -- IMAGED V MAY 22 2002 MAY CITY OF CARLSBAD - PLANNING DEPARTMENT ADDED' DOCUMENT(S) V IMAGED BY IMAGED DATE PAGE Revised March 30,2001 . CITY OF CARLSBAD LAN]) USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) 0 Master Plan Specific Plan 0 Precise Development Plan 0 Tentative Tract Map 0 Planned Development Permit I F1 Non-Residential Planned Development 0 Condominium Permit 0 Special Use Permit M Redevelopment Permit O Tentative Parcel Map Obtain from Eng. Dept Administrative Variance 9 3 O Administrative Permit - 2nd Dwelling Unit General Plan Amendment Local Coastal Plan Amendment 0 Site Development Plan Zone Change 0 Conditional Use Permit 0 Hillside Development Permit 0 Environmental Impact Assessment Variance 0 Planned Industrial Permit 0 Coastal Development Permit o Planning Commission Determination List any other applications not specified 2) ASSESSOR PARCEL NO(S). AN : 203- 013- 3) PROJECT NAME: L,EJ t 4) BRIEF DESCRIPTION OF PROJECT: Co Tf..Uc( A S1tl6LE. FAMIL-'/ F(I O6l'4C OA) A vAcAr LOT, a)l -c T4E R us'f01= A 11 eA'4gJ eT/ct &NCROI9Ci.ME13t 5) OWNER 6) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE C/ -r4e 5e-A R.t 641T z0 tA M C. j\J'/ . ORT SozuP COMPANY MAILING ADDRESS MAILING ADDRESS Z15 ks7nm '- CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE CARLs?&L ) CA °)ZW? °)s1-°)OO CARL ,4D, C !jOO zo I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER ABOVE INFORM N IS TRUE AND CORRECT TO THE BES OF AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT MY KNO GE. I' TO THE BEST OF MY KNOWLEDGE. SI ATU /7 D7/#Q SIGN LTURE 17M 0. &jgLQ~ DA476/ Lc/PTI L4r op IA1VILL Fic f.k M,qp# 17 COOA)TY Ot 3i4J bLGO, IILED _____ NOTE: REVIEW APPLICATION FORD PAGE 2 OF 2 1 I CITY OF CARLSBAD LAND USE 8) LOCATION OF PROJECT: 2.31 NpttvtAt ry' LMi STREET ADDRESS ON THE I QOTH I SIDE OF I 13OR.4AJO1 LA NS (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN I MT \J1-UJ I AND I GAR1E0 (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS I 13) TYPE OF SUBDIVISION 14) PROPOSED INDUSTRIAL 15) PROPOSED COMMERCIAL (RESt COMM/ INDUS) OFFICE/SQUARE FOOTAGE_I1 t'&. SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED A 17) PROPOSED INCREASE IN A 18) PROPOSED SEWER USAGE PROJECT IN OPEN SPACE N. tt AVERAGE DAILY TRAFFIC 1 U IN EQUIVALENT DWELLING UNITS , 20) EXISTING GENERAL 21) PROPOSED GENERAL PLAN IIMft I 19) GROSS SITE ACREAGE I t I PLAN I RI I I DESIGNATION 22) EXISTING ZONING 1-T 23) PROPOSED ZONING ' I 24) 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 ENTER THE PROPERTY THAT IS THE S JECT THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE kj 510 AURE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED RECEIVED APR 3 0 1996 crnr OF CALUM DAT 'MC RECEIVED BY: Ii2.fs'c& 7. TOTAL FEE REQUIRED I Q çc.00 I DATE FEE PAID I 4'-3' I RECEIPT NO. I 30 OO FRM0016 3/96 / / I _ . CALIFORNIA LAND TITLE ASSOCIATION STANDARD CO VERA GE POLICY 1990 RECEIVED APR 3 01996 cm7 OF QMRRAMAD .La4flstdfl.c4ad'..'4J tJuI .40 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. ( CHICAGO TITLE INSURANCE COMPANY Issued by: By: CHICAGO TITLE COMPANY 925 "B" Street San Diego, CA 92101 (619) 239 ) .6081 Presiden.f By: 0. IN Sao CI Secretary California Land Title Association Your Ref: SCHEDULE A 34488C Amount of Insurance: $95,231.10 Date of Policy: January 12, 1996 at 8:00 A.M. 1. Name of Insured: JOHN C. LEVY, JR. Owner's Policy PolicyNo. 983381 01 Premium: $581.00 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: JOHN C. LEVY, JR., AN UNMARRIED MAN 4. The land referred to in this policy is described as follows: LOT TWENTY-NINE (29) OF GP.ANVILLE PARK, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924. This Policy valid only if Schedule B is attached. CHICAGO TITLE INSURANCE COMPAN California Land Title Association Owner's Policy Your Ref: SCHEDULE B 34488C PolicyNo. 983381 01 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whetheror not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could he ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. PART II 1. SECOND INSTALLMENT GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR 1995-1996. J 2. SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 1995-96, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1ST INSTALLMENT: $461.83 (PAID) 2ND INSTALLMENT: $461.83 UNPAID PENALTY: $5618 DELINQUENT: JULY 1, 1996 CODE AREA: 09000 ASSESSMENT NO: 859-231-61-25 B 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. K END OF SCHEDULE B L EM CLTAOB88 -- 10/13/95 AA CHICAGO TITLE INSURANCE COMPANY EXCLUSIONS FROM COVERAGE . The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict- ing, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceabillty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipula- tions. (b) "insured claimant": an insured claiming loss or damage. (C) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (f) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- ing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (I) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contrac- tual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of cove- nants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pur - chaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amount paid by any governmental agency or governmental instru- mentality, if the agency or instrumentality is the insured claimant, in the acqui- sition of the estate or interest in satisfaction of its insurance contract or guar- anty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder 01 ny claim of title or interest which is adverse to the titlto the estate or inter rthe lien of the insured mortgage, as insured, and r.I virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to Awsured all liability of the Company shall terminate with regard to the mattM11Fnatters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion maybe necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Com- pany all reasonable aid (I) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- abletimes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any author- ized representative of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to exam- ine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information governmental regulation, Jall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAYrHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured lender under this policy for the claimed loss or damage, other than the payment required to be made, shall' terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prose- cute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (C) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (C) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. S." LIMITATION OF LIABILITY (a) If the Company establishes the title, or re S the alleged defect, lien or encumbrance, or cures the lack of a right of fess to or from the land, or cures the claim of Un marketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title or, if applica- ble, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebt- edness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construc- tion loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of the insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of the insurance afforded under this policy as to any such insured except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insur- ance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipula- tions. 10. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter exe- cuted by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. insured claimant, the Co any shall be subrogated (i) as to an insured owner, to all rights and reme the proportion which the Company's payment bears to the whole amo floss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of the insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Compa- ny's right of subrogation. (C) The Company's Rights Against Non-Insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mort- gage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Sec- tion 1 (a)(i) of these Conditions and Stipulations. 13. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 11. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage, or of the title to the estate or interest covered hereby, or by any action asserting such claim shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY In the event any provision of this policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing office or to: CHICAGO '1 INSURANCE COMPANY Claims D& ,ment 171 North Clark Street Chicago, IL 60601-3294 . . .- . . . Reorder Form No. 8223 LN QUALITY ORIGINAL (S) / X V3 CITY 9F CARLSBAD 1200 CARLSBADLLAGE DRIVE cARLSBAD, AIF IORNIA 92008 434-2867 I;] 1 ;t.] DATE ACCOUNT NO DESCRIPTION AMOUNT c -rMt //4IJq-3 /J 4414., 41 7603 05/1-0/W. ((11_Al 61 C-FPiT iD8 RECEIPT NO. NOT VALID UNLESS VALIDATED BY TOTAL A5 in Punted on recycled paper. CASH REGISTER I J i/j.J CITY OF CARLSBAD 1200 CARLSBADLLAGE DRIVE cARLSBAD, &IFORNIA 92008 434-2867 REC'D FRO DATE T ACCOUNT NO. DESCRIPTION AMOUNT I) / Y / — ?2?7 //i (W01 01 02 C-PRPiT 2CO RECEIPT NO. NOT VALID UNLESS VALIDATED BY TOTAL $' O ®Printed on recycled paper. - CASH REGISTER City of Carlsbad IF Pl a fflning De rtment DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL EQRE DISCRETIONARY ACTICN ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. 'Please Print) The following information must be disclosed: APR 3 01996 rIC157 'IV M'_' CIAII'ALIk' 1. Applicant ' List the names and addresses of all persons having a financial interest in the application. JOHN C LEVY JR 1825 ASTON AVENUE CARLSBAD, CA 92008 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. JOHN C LEVY JR 1825 ASTON AVENUE CARLSBAD CA 92008 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. N.A. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N.A. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 E . & (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Bcarcs 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. Ioint venture, association, social club, fraternal organization, corporation, estate. tt,,st. 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: Att,c-dditiOnal pages as "\ Signature of applicant/date 'JOHN /, LEVY or tvA name of owner sJ:T 0. 'UU Print or type name of applicant RECVED APR 3 01996 C!TY F C4& LJLj'J) FRM00013 8/90 LI ., . 1. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: 237 NORMANDY LANE - SINGLE FAMILY RESIDENCE APPLICANT NAME: MR JOHN LEVY (ROBERT SUKUP - AGENT) 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. WE ARE PROPOSING TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON THE LAST VACANT LOT ON NORMANDY LANE. THE LOT IS ONLY 50' DEEP. THE FRONT SETBACK IS 20' AND THE REAR YARD IS 10'.. THE CITY OF CARLSBAD REQUIRES A CLEAR DIMENSION OF 20' ON THE INSIDE DEPTH OF THE GARAGE. IT'S IMPOSSIBLE TO MEET THIS CRITERIA WITHOUT A SETBACK VARIANCE. THE FRONT YARD CANNOT BE REDUCED BECAUSE YOU MUST PROVIDE 20' FOR GUEST PARKING. THEREFORE A 1' ENCROACHMENT INTO THE REAR YARD (10' TO 9') IS BEING REQUESTED. THE HOUSE DIRECTLY TO THE SOUTH AND WEST OF THIS LOT HAVE REAR YARDS OF 6'8" AND 8' RESPECTIVELY. FURTHER INVESTIGATION OF EXISTING HOUSES ALONG NORMANDY LANE WOULD REVEAL SIMILAR INCONSISTENCIES WITH THE ZONING CODE. R ,'-*, -' i -. , U - M; APR 301996 :j - J- Rev. 4I1 Pro jD.ae.irm . 0 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: THE LOT IN QUESTION WAS CREATED IN 1924 IS ONLY 50' DEEP AND IS SUBSTANDARD TO TODAYS ZONING CRITERIA. IT HAS FRONT AND REAR YARD. SETBACKS OF 20' AND 10' AND THE REQUIREMENT OF 20' DEEP CLEAR DIMENSION IN THE GARAGE.. THE 20' CLEARABOUT 21' OF STRUCTURE. THEREFORE A 1' ENCROACHMENT INTO THE REAR YARD IS NECESSAFW. 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: THE HOUSES IMMEDIATELY TO THE SOUTH AND WEST HAVE REAR YARDS OF 6 1 8" AND 8' RESPECTIVELY. THE HOUSE TO THE WEST HAS A FRONT YARD SETBACK OF 18' (16' TO THE 2ND STORY). FURTHER INVES- TIGATION OF HOUSES ALONG NORMANDY LANE WOULD CERTAINLY REVEAL SIMILAR AND OTHER INCONSISTENCIES WITHTODAYS ZONING CRITERIA. 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: THE VARIANCE WOULD BE GRANTED TO A SUBSTANDARD LOT (TODAYS STANDARDS) AND HAVE LESS IMPACT THAN THE MANY OTHER EXISTING NON-CONFORMING SITUATIONS WHICH EXIST ALONG NORMANDY LANE. 4. Explain why the granting of such variance will not adversely affect the comprehensive plan:. THE GRANTING OF THE VARIANCE WOULD APPLY TO A LOT CREATED IN 1929 WHICH IS NOW SUBSTANDARD IN SIZE TO MEET THE CITY'S CRITERIA. THERE ARE PROBABLY VERY FEW OF THESE LOTS REMAINING AND THEREFORE WOULD HAVE NO AFFECT. RECV APR 301996 FRM0004 10/92 A~ FIN CVtV ] ri CITY OF CARLSBAD 4 . PLANMNG DEPARTMENT I. ADMINISTRATIVE VARIANCE INFORMATION A. Variances granted by the Planning Director shall be limited to: 1. Modification of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulation; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. B. APPEAL If your case is denied by the Planning Director, you may appeal this decision to the Planning Commission. You must submit a completed appeal form and the required fee within ten (10) calendar days from the date of the decision. See fee schedule for amount of appeal fee. H. VARIANCE INFORMATION A. How Your Application Will Be Processed: 3. Variances are heard by the Planning Commission. If no further revisions are needed, planner prepares staff report; puts case on agenda; sends out public notice; report is typed, duplicated, and mailed. If your request is granted, you will receive a Resolution of Approval with conditions on project and a stamped set of plans. No building permits can be issued until after the appeal period (10 days). B. Application Fee: See Fee schedule, also for Appeal.. c. Appeal 1. If your case is denied by the Planning Commission, you may appeal this decision to the City Council. You must submit a letter explaining the reasons for the appeal and the required fee to the City Clerk within ten (10) calendar days from the date of the decision. FRM0004 2/96 Page 1 of 5 Ii CITY OF CARLSBAD APPLICATION REQUIREMENTS F ADMINISTRATIVE VARIANCE VARIANCE A variance application is required whenever an applicant desires a variance from the requirements of the zoning code. A variance may be approved as an administrative act by either the Planning Commission or the Planning Director. A variance which can be approved by the Planning Director is known as an Administrative Variance and is limited to the following: 1. Modification of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. The following materials shall be submitted for each application or for combined applications on a single project, except as noted under "III. Other Requirements", A and B of Property Owner's List and Address Labels. I. REQUIRED PLANS (folded and delivered in complete sets) A. SITE PLAN: eight (8) copies for a Variance; four (4) copies for Administrative Variance prepared on a 24" x 36" sheet(s) folded to 8 1/2" x 11". The site plan shall include the following information: 1. General 0 a. Name and address of applicant, engineer and/or architect, etc. 0 b. Location, size and use of all easements. 0 c. Dimensions's and locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. 0 d. Distance between buildings and/or structures. 0 e. Building setbacks (front, rear and sides). 0 f. Location, height, and materials of walls and fences. 0 g. Location of freestanding signs. 0 h. A summary table indicating the following information (if applicable to the variance): 0 1) site acreage 0 2) existing zone and land use FRM0004 2/96 Page 2 of 5 . . O 3) proposed land use O 4) total building coverage O 5) building square footage 0 6) percent landscaping 0 7). number of parking spaces 0 8) square footage of open/recreational space (if applicable) 0 9). cubic footage of storage space (if applicable). B. BUILDING AND FLOOR PLANS: eight (8) copies for a Variance and four (4) copies for an Administrative Variances, prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. The building and floor plans shall include the following: 1. Location and size of storage areas (if applicable) 2. All buildings, structure, walls and/or fences, signs and exterior lights. AJttJ C. REDUCED SITE PLAN: one (1) copy of 8 1/2" x 11". (Not required for Administrative Variance.) G2( D. LOCATION MAP: one (1) copy of 8 1/2" x 11" (suggested scale 200" - vicinity maps on the site plan are not acceptable). B. COLORED SITE PLAN AND ELEVATION PLAN: (Not required with first submittal or with Administrative Variances.) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one(1) copy of a colored elevation to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. H. REQUIRED DOCUMENTS 'A. Completed Variance Justification Form. B. Disclosure Statement. . Completed "Project Description/Explanation" sheet. D. Three (3) copies of the Preliminary Title Report (current within the last six [6] months). FRM0004 2/96 Page 3 of 5 . . M. OTHER REQUIREMENTS A. Property Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. A typewritten list of the names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (Ti') no larger than lipt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave,. Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT #3 123 MAGNOLIA AVE CARLSBAD CA 92008 B. 600 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. O C. Deposit for Publication of Notices - See Fee Schedule for amount. A (4 -) /1/or 96cWit1 3 F6 DI1I'' STRArWc v4P,A NaS 01 FRM0004 2/96 Page 4 of 5 . . JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: 4. Explain why the granting of such variance will not adversely affect the comprehensive plan: FRM0004 2/96 Page 5 of 5 Cit . of Carlsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OR 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 addressees of all person 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. DISCLOS.FRM 2/96 PAGE 1 of 2 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 . S (Over) Disclosure Statement Page 2 5. Have you had more than $250.00 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 DISCLOS.FRM 2/96 PAGE 1 of 2 . I 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 ProjDesc.frm CITY OF CARLSBAD 4AND USE REVIEW APPLICATION F INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms the City has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the City: Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. 2. Assessor Parcel No.(s): Include all assessor parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed write in the last name of the owner or applicant plus a brief description such as Jones Condo Conversion or Smith Residential Subdivision. 4. Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footages or architectural details. For example: a neighborhood commercial center with two drive thru restaurants; or, a single family detached residential project; or, an industrial/office complex with three industrial/office buildings. 5. Owner's Name, Address, Telephone and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. 6. Applicant's Name, Address, Telephone and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. 7. Brief Legal Description: Generally provide a brief legal description of the property such as - Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or, portion of Lot I of Rancho Agua Hedionda Map 1717. Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. Location of Project: Fill in the blanks with the appropriate direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. Local Facilities Management Zone: Write the number of the facilities management zone within which your project is located. Ask for counter assistance in determining which facility zone your project is located. It is important to know which facility zone includes your project. Each facility zone must have an adopted local facilities management plan before applications can be accepted by the City. Additionally, the adopted facility plan for your zone may contain significant public facility requirements which must be met before your project may be accepted as complete or before construction permits are issued. 10. Proposed Number of Lots: For tentative tract maps and minor subdivisions only. Write down the number of lots which are proposed to be created. Include remainder parcels, open space and private street lots. 11. Number of Existing Residential Units: Write down the number of existing dwelling or apartment units currently existing on the project site. 12. Proposed Number of Residential Units: Required for residential projects. Write down the total number of proposed dwelling or apartment units to be included in the project. Include existing units which are included within the project boundary. FRM00016.A 2/96 Page 1 of 3 CITY OF CARLSBAD .ND USE REVIEW APPLICATION F INSTRUCTIONS TO APPLICANTS 13. Type of Subdivision: For tentative tract and parcel maps only. Write down the type or types of uses included within the subdivision. For example: residential or commercial/industrial. 14. Proposed Industrial/Office Square Footage: For all projects which propose the creation of new industrial buildings. Write in the proposed gross square footage to be applied for industrial/office use. 15. Proposed Commercial Square Footage: For all projects which propose the creation of new commercial buildings. Write in the proposed gross square footage to be applied to commercial use. 16. Open Space: Percentage of proposed project in open space. 17. Proposed Increase in Average Daily Traffic (ADT): Write down the projected increase in traffic generation which will result as a consequence of approval of your proposed project. Use the traffic generation rates as determined by the latest San Diego Association of Government Traffic Generation Rate Guide (attached). 18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling unit (EDU) is the average of sewer generated by one house or dwelling. One EDU is equivalent to 220 gallons per day of sewer usage. Use the attached EDU chart to determine the sewer usage for your project. Ask for assistance at the counter if you are unsure how to determine your usage. For industrial projects use the following assumptions: a. Undeveloped industrial assumes 30 percent building coverage. b. Improved lot industrial assumes 40 percent building coverage. C. For shell or unknown industrial building usage assumes 1 EDU for each 1800 square feet. 19. Gross Site Acreage: Write down the total acreage of the property over which your proposed project is situated. Not necessary for Zone Code Amendments or Variances. 20. Existing General Plan Designation: Write down the general plan designation(s) for the property covered by your proposed project. Ask for counter assistance if you do not know your general plan designation. 21. Proposed General Plan Designation: Required only if your project involves a request for a general plan amendment. If so, write in the proposed general plan designation for the property. 22. Existing Zoning: Write down the existing zone plan designation for your proposed project property. Ask counter staff for assistance if you do not know your zone designation. 23. Proposed Zoning: Required only if your project involves a request for a zone change. If so, write in the proposed zone designations(s). 24. Consent to Allow Entrance onto the Property: Signature granting members of City Staff, Planning Commissioners, Design Review Board Members or City Council members permission to inspect and enter the property. Application Submittal Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. FRM00016.A 2/96 Page 2 of 3 CITY OF CARLSBAD *AND USE REVIEW APPLICATION F INSTRUCTIONS TO APPLICANTS IMPORTANT NOTE CHECK ALL SUBMITTALS TO BE SURE ALL THE REQUIRED INFORMATION AND MATERIALS HAVE BEEN SUBMITTED WITH YOUR APPLICATION. INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE COMMISSION OR COUNCIL. YOU WILL BE NOTIFIED IN WRITING WITHIN 30 DAYS OF SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE. Fire Department/Water District Consultation - Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Applicant Disclosure Form - All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Circulation Impact Analysis - All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis. This Analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Hillside Development Permit - A Hillside Development Permit is required for all projects with a slope of fifteen percent or more and an elevation differential greater than fifteen feet. Check with City staff if you are uncertain whether or not your proposed project site requires a hillside development permit. If required, follow the instructions provided on the application form. Environmental Impact Assessment Form - All applications for development require submittal of an Environmental Impact AssessmentForm. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. Coastal Development Permit - Projects within the coastal zone boundary may require a Coastal Development Permit. For most projects, application is made to the State Coastal Commission. For projects within the Coastal Zone Boundary and the City's Redevelopment Area, application for a Coastal Development Permit is made with the City. Follow the instructions on the application form. Applicants requiring Coastal Development Permits may wish to obtain a Coastal Development Permit Handbook available at the Development Processing Counter for nominal fee. ERM00016.A 2/96 Page 3 of 3 p I' CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD CA 92009 NOTICING FEES EFFECTIVE AUGUST 15, 1992 A NOTICE FEE SHALL BE COLLECTED AT TIME OF APPLICATION TO COVER THE COST OF PUBLICATION OF NOTICES IN THE NEWSPAPER FOR ANY PROJECT FOR SINGLE FAMILY THE FEE IS $100.00 FOR ALL OTHERS THE FEE IS $500.00 If the cost to publish all notices required for the project exceed the amount initially collected, the applicant will be billed. If funds are remaining at the end of the project, a refund will be prepared. ATTACHMENT TO ALL PLANNING APPLICATIONS AND THE ENGINEERING APPLICATION FOR TENTATWE MINOR SUBDIVISIONS FRM0024 3/96 PAGE 1 . TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (1) Each space of a trailer court or mobilehome park 1.00 (2) Each duplex 2.00 (3) Each separate apartment in an apartment house 1.00 (4) Each housing accommodation designed for occu- pancy by a single person or one family, irrespective of the number actually occupying such accommodation 1.00 (5) Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals Without cooking facilities 0.60 With cooking facilities 1.00 (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty per- Sons or any fraction thereof) 1.33 (7) Restaurants: No seating 2.67 Seating 2.67 plus 1.00 per each 7 seats or fraction thereof Delicatessen or fast food, using only disposable table- ware: No seating 2.67 Seating 2.67 plus 1.00 per each 21 seats or fraction thereof (8) Automobile service stations: Not more than four gasoline pumps 2.00 More than four gasoline pumps 3.00 (9) Self-service laundries, per each washer .75 4 358-1 (Carlsbad 8-88) 7111 0 . 6 TABLE 13.10.020(c) Type of Building, Structure or Use (10) Office space in industrial or commercial establish- ments not listed above and warehouses (11) Schools: Elementary schools For each sixty pupils or fraction thereof Junior high schools For each fifty pupils or fraction thereof High schools For each thirty pupils or fraction thereof (12) In the case of all commercial, industrial and business establishments not included in subdivisions 1 through 10, inclusive, of this subsection the number of equiv- alent dwelling units shall be determined in each case by the city engineer and shall be based upon his esti- mate of the volume and type of wastewater to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit Shall be required. Any such permit. issued for any use hereunder, shall include a spefic volume of sewage authorized for such use. If said amount is exceeded, it shall be grounds for revocation of the permit. Equivalent Dwelling Units Divide the gross floor area of the building in square feet by 1800 MM 359 3% (6:4) 9% (5:8) 4% (7:3) 10% (55) 8% (5-5) 9% (6:5) 7% (5.5) 1% (8:2) 9% (55) 2% (6:4) 10% (5.6) 4% (7-3) 9% (5:5) 1% (8:4) 9% (5.5) 2% (8:4) 9% (6:6) 3% (8:4) 10% (5:6) HIQHUT PEAK HOUR S plus fN:OUI' reds) TRIP UNOTh ieee.... 11:1O'1s30 A.M. ietwe.n 330'e:30 P.M. lael 10-8 12.5 6% (8:4) 1% (5:6) 10% (6:4) 15% (5:6) 4% (5:6) 9% 15151 4% (5:5) 8% (8:5) 8% (5:5) as (5:6) 8%(5 5) 9% (5:5) 11 (5:8) 11% (5-5) 5% (73) 8% (41) 8% (7-3) 11% (4-8) 4% (82) 8% (5:5) 2% (7:3) 9% (5.5) 2% 17-3) 9% (5-5) 3% (64) lOS 1551 4% (8.4) 11% (6:5) 28 5.7 8.2 38 43 4 . MOT $0) _ J San Diego ASSOCIATION OF BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES GOVERNMENTS FOR THE SAN DIEGO REGION SS MO. First Im.plaza 401 8 Street Sets Diego. CalIfornia 92101 MAY 199s (619)595.5300 Fax (819)596.5306 NOTE: This lilting only represents a of average, or estimated. traffic generation drivaway' rates and some vary general trip data for land uses (emphasis on acreage and building square footage) in the San Diego region. Thaie rates are subject to change as future documentation becomes available, or as local sources are updated. For more specific information regarding traffic data and trip ret.,. pleea1111 ref ev to the Son Diego Traffic Generators manual. AlwayS shack with local jurisdictions for tIS.M orafarrad or aenlicabla ratae. LAND USI TRIP CATSQONII$ U'flMATID WEEKDAY VIHICU (PRIMARV'DIVIRTID'.PAU.$'VY TRIP GThI*AI1ON RAil (DRIVEWAY) AGRICULTURE (Open Sows) ............ ..... ........................ (8O1$2 A)RPOT ............................. ........................................... _.... (78:202 Couwnercial General Aviatton Heliport AUTOMOIU' Car Wash Automatic Self.aetv. Geaolin .................... (21:61281 With/Food Mart With/Food Mart & Car Wash Old Service Station Design Sales (Dealer & Repair) Auto Repair Canter cEMfruy CHURCH (or Synagogue) ................................. (8425:11) COMMIRCIAWRITA)L' Super Regional Shopping Center (Mar. than 60 acres, more than 800.000 sq. ft. w/uaually 3+ major stores) Regional Shopping Canter ......... .................. ............. (54:35:11) (30-60 acres. 300.000400.000 sq. ft.. w/usually 2+ maor stores) Community Shopping Canter ................................. (473 1221 (10-30 acres, 100.000-300.000 sq. ft.. w/usuaily I motor store and detached restaurant) Neighborhood Shopping Center (Lass than 10 acres, lass than 100.000 sq ft.. w/uaualfy grocery store & drug store) Commercial Shops .......................................... ......(45.40:15) Specialty Ratatl/Stop Consrnerctal Supermarket ConvenuenceMarltet (15'f8hours) (24 hours) Discount Club 'Store Furniture Store Lumber Store Hardware/Paint Store Garden Nursery WUCA11ON University )4yeers)................ ............. Junior Coltege (2 years) ....................... _... (921-11 High School ................ .... Middle/Junior High .................. ._.._ ....... ........t83:28:121 Elementary ............................ (57:25:10) Day Care ............................ (26:81:14) FI1141ANCLAL5 .. ............................... ... ........................ ... (36:42:23) Sank (Welk-In Only) With Drive-Through Drive-Through Only Savings Is Loin Drive-Through Only HOSPITAL ...._.._._......_..._....._._.....__..___..._. (73:26:21 G.n.ral Conve)eacenvNiwig 111111DUSTRIAL lndusffla)/Susineu Park (c,......tU..i Indudad) ._. (78:19:2) Indusmal Perk Ire .-...'.'.-l) Industrial Pt ant tmuleøe Mauiufacltinng/Ase,mCly Warafloung Storage Science Research b Development 40/1000 sq. ft.. 400/acre' 150/1000 sq. ft. 2000/acre'" 500/1000 sq. ft." 700/1000 sq. ft." 80/1000 sq. ft.. BOO/acre- 70/1000 eq. ft. 8001acre" 6/1000 sq. ft.. 100/acre" 30/1000 sq. ft.. 150/acre" 80/1000 sq. ft.. 800/acre' 40/1000 eq ft., 90/sae" 2/ia." 12/acre. 100/flight. 10/1000 sq. ft." 6/acre. 3 ffigflt 1/baled aircraft'" 100/acre" 900/5119. S00/acne- 1 O0/waali staN" 180/vehicle fueling space- 1 55/vehicle fueling specs- 7S0/station. 130/vehicle fueling apace" 50/1000 sq. ft. 300/acre, 60/saopca stall'" 20/1000 eq. ft. 400/acre. 20/aetice stall' 5/acre' 9/1000 sq. ft.. 30/acre" (quadruple rates for Sunday, or days of assembly) 40/1000 so. ft.,' 400/acre' 50/1000 sq. fl.. 500/acre' 10/1000 sq. ft.. 700/acre'" 120/1000 sq. ft.. 1200/acre'" 2.6/atudent, 100 acre' 10% (9:1) 9% (3:1) 89 1.6/student 60/acre' 12% (9:1) 8% (3:7) 90 1.4/student. 11/1000 eq. ft. 50/acre'" 20% (62) 14% (37) 48 I 0/student. 40/acre" 24% (7:3) 7% (3:7) so I 4/student. 1411000 sq. ft. 80/acre" 26% (8:4) 5% (3:7) 34 5/ch0d. 80/1000 sq. ft." 19% (6:5) 18% (8:5) 37 3.4 150/1000 sq. ft.. 1000/acre'" 4% (73) 8% (48) 200/1000 sq. ft.. 1500/acre' 5% (5:4) 10% Will 25002Sone'way)/tane' 3% 16:6) 13% (6:6) 60/1000 eq. ft. 500/acre" 2% 9% 100(50one-wsy)/lane" 4% 15% 8.3 20/bed. 20/1000 sq. ft. 300/acre' 9% (7:3) 10% (3:1) 3/bed" 7% (6:4) 7% (4:6) 18/1000 eq. ft. 200/acre' 12% (6:2) 12% (2:5) 9.0 6/l000 sq. ft,.90/acre' 11% (P.1) 12% (2:8) 10/1000 sq. ft.. 120/acre' 14% (8:2) 18% (3:1) 11.7 4/1000 sq. ft. 50/acre" 20% (9:1) 20% (2:6) 6/1000 sq. ft. 80/acre" 15% (7:3) 18% (4:8) 2/1000 sq. ft. 0.2/vault 30/mm' 8% .)5:8) 9% (5:5) 8/1000 sq. ft. 80/acre' . 16% (8:1) 14% (1:9) LAND VU ma caiiaoiss - taitw wUK.DAY V1*atCLI )41141$T PSAK HOUR % )plua IN:OVT 1151411 TRIP UNTh (PNAKVOIVuT.z$4V? T1P QINI*AI1ON A11 )OrnV1WA!) Siiw.eo, mW94111 A.M. Seaweee 3iIS4:30 P.M. (Mliii' UARY ......................................... ...,.. .... .................... ...... ..... (44:4k121 5011000 sq. ft. 400/iCr" 2% (5:2) 10% (5:5) 39 L000INO ..... .............. ............................................. (55:38.4) Hotel Iw/cervenim. lacdm.s/ivemMf 10/room, 300/acre 5% (54) 5% 9% (54) (SM Mclii 9/room. 200/icr. 8% 5% (46) (6:4) 7% (4:6) Resort Hotel 8/room, 100/60e' MILITARY ......................................................................................(52:16:21 2.5 militwy b civilian personnel' 9% (9:1) 10% (2:8) 112 OFFM Standard Commercial Office .............................................. ,,.(77:1S:4) 20/1000.5. ft,0 300/scre' 14% (9:1) 13% (2:5) 88 (less than 100,000aq. It.) Large (Hi;h'Riss)Commercielotflce .................................(52:16:31 11/l000 sq. ft.°800/.cra' 13% (9:1) 14% (2:8) 100 (more thin 100.000 sq. ft.. 6+ stories) Corporate Office (single tenant) 10/1000 sq. ft.. 150/icr.' 15% (9:1) 15% (1:9) Government (Civic Canter) .................................................(5034:15) 30/1000.5. ft." 9% (1:1) 12% (3:7) 5.0 Post Office Cintral/Welk'ln Only 90/1000 sq. ft?' 5% 8% (6:4) 7% 9% (5:5) community, (not nadine mail drop 1@0411 200/1000 sq. ft., 1 300/.cre' 7% (5:5)' 10% (515) Community lie/m.d dm0 betel 300/1000 sq. ft.. 2000/sore' 7% (8:8) 12% (55) Mail Drop Line only 1500 (750 ori..wey)/lane' 6% (6:4) 11% J4 6) Department of Motor Vihiclei ISO/ 1000sq. ft.. 900/ocr," 8% (5:2) 10% (37) 84 Medical .....................................................................................(60.30'.lO) 50/1000 is. ft.. 5004.cr.' ............................................................(66:25:8) 44i 8% 54 City (developed) 50/acre' Regional (developed) 20/acre' N.igfibortiood/Regionil (undeveloped) 5/act.' 8% (6:4) Amusement (Them.) 80/acre. 130/acre (Summer only)" Son Diego Zoo 115/acre' Sea World 80/act.' RICIAT)0N Beach, Ocean or Say ............................................................(52:39:9) 600/1000 It. shoreline, 601acre' 6 3 Busch. Like (fresh water) 50/1000 ft shoreline. 5/icr.' . 7% (71) 11% (4:6) Bowling Center 30/lane. 300/acre" 4% 8% Campground Golf Course 4/carriptet." 8/icr., 40/hole. 800/course" 6% (8:2) 9% (3:7) Marinas 4/berth. 20/acre'" 3% (3:1) 7% (6.4) Racquetball/Health Club 40/1000.0. ft.. 300/icr., 40/court' 4% (6:4) 9% (6.4) Tennis Courts IS/acre. 30/court" 5% 11% (5:5) Sports Facilities Outdoor Stadium 50/acre. 0 2/seat' Indoor Arena 30/acre, 0.1/seat' Racetrack Theaters (multiples) ..............................................................(66:11:17) 40/acre. 0.6 seat 80/1000 sq. ft.. 1.8/seat' i,% 8% (73) 6 1 .................................................(66:11:3) Estate, Urban or Rural 12/dwelling riil'° 8% (3:1) 10% (1:3) 79 (average 1'2 DLJ/scre) Single Family Detached 10/dwelling unit' 8% (3:7) 10% (1:3) (average 36 DU/acre) Condominium 8/dwelling unut' 8% (2:8) 10% )7:3) (or any multi-family lass thin 20 DU/scr.) 9% (7:3) Apartments 6/dwelling unit' 8% (3:1) (or any multi'Iamily, units more then 20 DU/ecre) Mobiliftorne Family 5/dwelling unit. 40/acre' 9% (3:7) 12% (6:4) Adults Only 3/dwelling unit. 201icr.' 9% (3:7) 10% (6:4) Retirement Community 4/dwelling unit" 3% (8:4) 8% (5:6) Congregate Care Facility 2/dwelling unit" MITAu%AM'r' .........................................................................451:37:123 4.7 Quality 10011000 sq. It. 3/seat. 5001icre'" 1% (6:4) 8% (73) Sit'down, high turnover 250/1000.5. ft.. 7/seat 1200/acre'" 8% (5:5) 6% (6:4) Fast Food (w/dnv.'througli) 700/1000 sq. ft. 22/seat. 3000/sc.,'" 4% (6:4) 8% (5:5) Delicatessen )7am'4pm) 150/1000 sq. ft., 1 1/seat' 9% (6:4) 3% (3:7) ThAN$OTAT1O4 Bus Depot 25/1000sq. ft." Truck Terminal (0/100015. ft., 1/bay. 801acre" 9% (4:6) 8% (5:5) Waterport 110/berth. 12/acre- Transit Station (Rail) 300/acre" 14% (13) 15% (3:7) Park b Ride Lots 400/acre (600/paved acre)' ' 14% (7:3) 15% (3:7) Primary source: San OseSe Triers 3aninii* Other sources: lIE Trip "m am Rpperc Trip Generation Rate, lather agencies and publicshCiiil. rinser SANOAG I CAL1'RAN$ studma, rIOiSt5 and 4stimeleii. • Trip category percentage rauee we daily tram lecal hesjeelsell surreys, slier cannel be applied to very spectR lard asia, and de net include i,eø4ilsdirt dmeri (dish SANDAG An.Ipdi of Trip OnwasOrt reviled November. liiOf PRiMARy - one trip directly berries attest and prunory tiaitlnatielt. OIVIITED 'linked trip hiving one or inane stepe aleng she way to S primary d,stinet,anl whole dIstance semiarid to dIrect iletasise S t isle. PA5$'$Y ' ilndivertid or diverted 0 I vile. Trip lan.ttts era average weighted for .4 trIpe is and ham general tend use site. (M trips avatarwede aver ege lefigtR - 5.5 mile.) Fitted curve eQuities: (n(T) -0.755 Ln)sl + 5211, - p., s - 1.000 sq. ti • Finedcui'veppuedenr LnCU"0.lIIljila)+3.8$J Fitted curve sluatien: t - 'Lies L.i(d) + 12.5$ t - trips/01.1. d • density (OU/icre), DU - dwelling and 'Suppestal PA$94Y (iaiil,ensi or divested Si mlii) percintagee for flip rate reductisne sPin dante P.M.peel denied (heed en semleriaden 51 deal dita/raview and Other aiarcea"P C0F.QuIRCIAL/9TAIL Regional 51oppwig Center 20% Community ' ' 30% Na4hod' ' 40% Specialty ReteN/Seti Car ms....,l loller) 10% Supermeibet 40% Coiwsivensa Meilal Will Discount Cedi/Shari - Salt 25% AUTOMOBILE Geeeiii. INuen 00111 101 Sit.dt his - 20% Pam Peed 40% 17 ..—MORTAR FILLED BLOCK .—'WALL PER CITY MASONRY FENC DETAIL(BI0— /t*A] OF CARLSBAD WAY i---- 24* TRASH BINBIN I --4- I I IRECYC1ABL I OUT';* ,1OLL LltAI.cHJJ1t ,(,D'lRECIlON AT - GATE CANE SECURING r I I 7 / \ BOLT(TYP) I \GATE HINGE(TYP) I 7 CONNECTION 0.5% i(TYP) I I I - REFUSE TRUCK I LOADING APPROACH -LEVEL LOADING AREA (CONCRETE) 4 /f 48~- ACCESS WAY I TRASH BIN * r-. --' In hi 3 CY TYPICAL) L46 CONCRETE —....! IFILLED IRON PO ROLL OUT1 111 / rEONi I I OPTION~A RECYCLABLE CONTA1NERS''1P.JSTEAD I I ,GATE FRAMING OF IN-4 EACI. AND MATERIAL _____ l()•57 FERROUS'METAL / 12x12 ._ REFUSE TRUCK AREA DRAIN (1??) APPROACH - / LOADING —LEVEL LOADING 4 (CONCRETE) DRAIN AWAY (TYP) TYPE A— DRIVE AND LOAD FRONT APPROACH M. (rP), 24I r ------ REYCLALE L_..) BIN J c(Th r-m 4 I (3 OY TYPCAL i- Li'J 6 MOW STRIP(TYP) WCERE 3_ I PROTEC11ON POST (MOD W-16 CONCRETE CURB GATE STOP(TYP) 2: 15.0 CLEAR OVERHEAD 10 25.0 FT.(MIN.) HEIGHT 7.5(MIN.) 3.0 CONCRETE TYPE B— DRIVE AND LOAD SIDE APPROACH - AC OVER CLASS it A.B. lIN.) __ __ FOUNDATION DRAIN TO BMP : r I - I 45' I I • co SECTION A-A : 24 8+ (TYP) (1W) SECTION B-B SHEET 0F2 APPROVED IDATEI CITY OF CARLSBAD REFUSE BIN ENCLOSURE CITNEER DATE FOR 3 CUBIC YARD BINS NL GS-16 NOTES: 1. LOCATION OF REFUSE BIN ENCLOSURES SHALL BE APPRO\ED BY THE PLANNING DIRECTOR AND THE CITY ENGINEER. ENCLOSURE SHALL BE OF SIMILAR COLORS AND/OR MATERIALS AS THE PROJECT TO THE SATISFACTION OF THE PLANNING DIRECTOR. 2. THE ENCLOSURE SLAB AND LOADING AREA SHALL BE LEVEL IN ORDER T0 FACILITATE THE ROLLING OF BINS FOR LOADING POSITIONING. 3. GATES SHALL BE MOUNTED SO THAT THEY SWING FULLY OPEN WITH NO PROTRUSION INTO THE PATH OF THE BIN. THE GATES SHALL HAVE CHAINS, HOOKS OR PIN STOPS AT THEIR FULL OPEN POSITION TO HOLD THEM OPEN. 4. ALL GATE CONNECTION LATCHES, SECURING BOLTS, FRAMING, AND HINGES SHALL BE HEAVY DUTY TYPE AND PAINTED OR TREATED AGAINST CORROSION. 5. GATE MATERIALS TO BE APPROVED BY PLANNING DIRECTOR. 6. POSITIVE DRAINAGE AWAY FROM THE ENCLOSURE AND LOADING AREAS SHALL BE PROVIDED AND MAINTAINED. 7. ALTERNATIVE CONFIGURATION AND LOCATION OF THE ACCESS WAY MAY BE ACCEPTABLE ON A CASE BY CASE BASIS PROVIDED NO PORTION OF THE TRASH BINS ARE DIRECTLY VISIBLE TO THE PUBLIC. 8. LOADING AND ENCLOSURE AREA DRAINAGE SHALL BE INDEPENDENT AND DRAINED TOWARDS AN APPROVED SITE BMP. 9. DEVELOPMENT PROJECTS SHALL INCORPORATE THE REQUIREMENTS OF THE MODEL ORDINANCE OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS". 10. AREAS FOR RECYCLING SHALL BE ADEQUATE IN CAPACITY, NUMBER AND DISTRIBUTION TO SERVE THE DEVELOPMENT WHERE THE PROJECT OCCURS. 11. RECYCLING AREAS SHALL BE SECURED TO PREVENT THE THEFT OF RECYCLABLE MATERIALS BY UNAUTHORIZED PERSONS WHILE ALLOWING AUTHORIZED PERSONS ACCESS FOR DISPOSAL OF MATERIALS. 12. RECYCLING AREAS OR THE BINS AND CONTAINERS PLACED THEREIN MUST PROVIDE PROTECTION AGAINST SEVERE ENVIRONMENTAL CONDITIONS WHICH MIGHT RENDER THE COLLECTED MATERIALS UNMARKETABLE. 13. A SIGN CLEARLY IDENTIFYING ALL RECYCLING AND SOLID WASTE COLLECTION AND LOADING AREAS AND THE MATERIALS ACCEPTED THEREIN SHALL BE POSTED ADJACENT TO ALL POINTS OF ACCESS TO THE RECYCLING AREAS. 14. EACH RECYCLING AREA WITHIN A MULTI-FAMILY RESIDENTIAL DEVELOPMENT SHALL BE NO GREATER THAN 250 FEET FROM EACH LIVING UNIT. SHEET 2 OF 2 OF CARLS REFUSE BIN ENCLOSURE clrf' GINEER DAI fr EMENTAL GS FOR 3 CUBIC YARD BINS STANDARD NO. Li 0. Amp-1k the %Sea Bri ht 0 c o m p a n y U 4322 Sea Bright Place • Carlsbad, CA 92008 • Telephone/FAX 619 -720-0098 BY DATE - P) IciIQAeJU7itAJxVV - 3 p SIGNED INSTRUCTIONS TO SENDER: INSTRUCTIONS T RECEIVER; I. KEEP WHITE COPY. 2. SEND YELLOW AND PINK COPIES INTACT. 1. WRITE REPLY. 2. KEEP PINK COPY, RETURN COPY TO SENDER. 7 47/ I I,- ~00 I P1O3T 0 cJ 4 R ECEIVED APR 301996 CJ?V CW CAD j q LOCATION MAP NOF-W-NDY LA14E.