HomeMy WebLinkAboutCDP 99-18; Tallman Property; Coastal Development Permit (CDP) (4)City of Carlsbad
Fire Department
Office of Fire Protection Services
July 24,2002
Jeffrey Tallman
Re: APN 156-350-09
The Fire Department per Weed Abatement Standard (B.) and The Carlsbad Landscape
Manual F.3-2 Condition B-Native Slopes requires maintenance on the slopes in the same
manner as the past five years. This is in accordance with the conditions as set out by the
Planning Commission Resolution No.4673 and applies only to hazard reduction. See
attached exhibits.
Martin Aguilera, Deputy Fire Marshal
1635 Faraday Avenue • Carlsbad, CA 92008 • (760) 602-4660 • FAX (760) 602-8561
EXHIBIT 2
CITY OF CARLSBAD
FIRE DEPARTMENT
HAZARD REDUCTION INFORMATION
I. WEED ABATEMENT STANDARDS
Items A through F are the basic standards employed by the City Fire Department when abating
hazardous conditions. Properties cleaned by owners or private contractors will be evaluated by
means of these standards.
A. Grass, weeds, trash, and other rubbish shall be removed from vacant lots, yards,
courtyards, parkways and other locations as specified by the Fire Department.
B. Native brush and chaparral that have been cleared or thinned previously in the last five
years shall be modified in the same manner for a minimum distance of 60 feet measured
from the closest combustible structure, discounting fences. Fuel modification shall
conform to the standard requirements listed in the City Landscape Manual, available for
review at our office and for sale at 1635 Faraday Avenue, (760) 602-2700.
C. Native brush and chaparral that have not been previously cleared or modified in the last
five years must be assessed on a case-by-case basis to determine whether the removal will
conflict with the Federal Endangered Species Act of 1993. Questions should be
forwarded to this office and to the Fish and Wildlife Service (760) 431-9440.
D. Fuel breaks of up to 100' or more that have been previously required in the last five years
shall be maintained by discing. New fuel breaks may be required on a case-by-case basis
and owners of affected properties will be notified by mail before abatement.
E. Abatement shall be accomplished by discing under, power mowing to two inches of
height, hand labor and/or hauling to a County dump site. Discing shall be the primary
abatement method; mowing is discretionary for problem areas and should be cleared by
this office before abatement. Regardless of method, standing weeds remaining around
perimeters of lots after mowing or discing shall be cut to two inches in height and
removed or reduced on site.
F. Open burning is prohibited except by special permit from the Fire Department.
II. SPECIAL CONDITIONS
A. Eucalyptus trees; remove all heavy accumulation of leaves to a maximum depth of four
inches. Remove fallen limbs, litter, debris and loose bark from the ground. Trim low
hanging limbs and foliage to a height of six feet.
B. Inactive groves (citrus, avocado, etc.): remove all dead growth, disc the property and
maintain free of hazard.
C. Trimmings from trees and other vegetation may be reduced by chipping to mulch and
1 PLANNING COMMISSION RESOLUTION NO. 4673
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-18 ON
4 PROPERTY GENERALLY LOCATED WEST OF PIO PICO
DRIVE, SOUTH OF YOURELL AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1 .
6 CASE NAME: TALLMAN PROPERTY
CASE NO.: _ CDP 99-18 _
7
WHEREAS, Jeffrey C. and Pamela Tallman, "Owner/Developer", have filed a
8
n verified application with the City of Carlsbad regarding property, described as
10 That portion of Tract 7 of Laguna Mesa Tract, County of San
Diego, State of California, as per Map No. 1719, filed in the
11 Office of the County Recorder of San Diego County, 6-20-21,
as described in Attachment "A"
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Coastal
15 Development Permit as shown on Exhibits "A" -"J" dated December 1, 1999, on file in the
16 Planning Department, TALLMAN PROPERTY, CDP 99-18 as provided by Chapter
17
21.201.040 of the Carlsbad Municipal Code; and
18
WHEREAS, the Planning Commission did, on the 1st day of December, 1999,
«« hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
23 relating to the CDP.
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
25
Commission of the City of Carlsbad as follows:
26
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES TALLMAN PROPERTY, CDP 99-18 based on the following
findings and subject to the following conditions:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Open Space
16.
17.
18.
Exhibit "A" shall be revised to delete the reference to "Proposed Uses in 2.81.2 ac
open space portion of parcel A".
The Developer shall prepare, obtain Planning Director approval, and
simultaneously record with the recordation of the adjustment plat, (ADJ 538), a
Notice of Deed Restricted Open Space in a standard form approved by the City
Attorney. The Notice shall describe that portion of Parcel "A" which is designated
as "Official Open Space" on the City's Open Space and Conservation Map (dated
September 1994) and said notice shall prohibit any encroachment or development,
including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways, and landscaping.
The Developer shall agree to participate in the future City initiated rezoning of the
Deed Restricted Open Space from R-l-7,500 to OS.
Removal of native vegetation and development of the Deed Restricted Open Space on
Parcel "A", including but not limited to fences, walls, decks, storage buildings, pools,
spas, stairways and landscaping, other than that approved as part of the grading plan and
improvement plans as shown on Exhibit "A", is specifically prohibited, except upon
written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director, based upon a request from the property
owner accompanied by a report from a qualified arborist/botanist indicating the need to
remove specified trees and/or plants because of disease or impending danger to adjacent
habitable dwelling units. For areas containing native vegetation the report required to
accompany the request shall be prepared by a qualified biologist.
Housing
20. At issuance of building permits, the Developer shall pay to the City an inclusionary
housing impact fee as an individual fee on a per market rate dwelling unit basis in the
amount in effect at the time, as established by City Council Resolution from time to time.
21. The Developer shall report, in writing, to the Planing Director within 30 days, any address
change from that which is shown on the permit application.
22. Prior to the issuance of the building permit, or approval of the adjustment plat, whichever
occurs first, Developer shall submit to the City a Notice of Restriction to be filed in the
office of the County Recorder, subject to the satisfaction of .the Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Coastal Development Permit and Hillside Development Permit by Resolutions
No. 4673 and 4674 on the property owned by the Developer. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions of restrictions specified for
inclusion in the Notice Restriction. The Planning Director has the authority to execute and
PC RESO NO. 4673 -6-
IV.F FIRE PROTECTION PROGRAM
POLICIES AND REQUIREMENTS
(cont)
2. No trees allowed.
3. Irrigated.
Section A-3 - measured outward from the outlying edge of A-2 to include the
remainder of the area between Section A-2 and high risk fire areas as described
under Section IIC. Horizontal distance from the structure(s) to untreated high
risk areas shall not be less than 60'.
1. Planted with low water use naturalizing plant species known to have low
fuel characteristics.
2. TVees are allowed but shall not be planted closer than 20' apart.
3. Irrigated.
F.3-2 CONDITION B - NATIVE SLOPES-WILDLAND FIRE SUPPRESSION
(See Appendix F.2)
Pertains to areas where removal of environmentally sensitive native vegetation is
restricted within the fire sections.
Section Bl - measured 20' horizontally from the outlying edge of the
structure(s) toward the environmentally restricted area as defined by the City.
1. Removal of "high fuel and moderate hazard species" as listed in
Appendix F.I.
2. Planting with ground cover or low growing shrub species (less than 3' in
height) known to have fire retardant qualities or as otherwise required by
the City.
; 3. No trees or shrubs allowed.
i
4. Irrigated.
Section B2 - measured horizontally 20' outward from the outlying edge
ofBl.
1. Removal of "high fuel species" as listed in Appendix F.I.
2. Removal by selective pruning of up to 60% of the volume of the "moderate
fuel species" as listed in Appendix F.I.
3. Replanting with naturalizing low fuel species.
4. Trees and large tree form shrubs (e.g. Oaks, Sumac, Toyon) which are being
retained shall be pruned to provide clearance equal to three times the height
of the surrounding understory plant material or 6', whichever is higher.
Dead and excessively twiggy growth shall also be removed.
5. Irrigated.
Policies and Requirements
F.34
F.3-5
F.3-6
FIRE PROTECTION PROGRAM
POLICIES AND REQUIREMENTS
IV. F
(cont)
Section B3 - measured horizontally 20' outward from the outlying edge
of Section B2. The outer edge of B3 shall extend horizontally to a point at least
60' from structures.
1. Removal of "high fuel species" as listed in Appendix F. 1.
2. Removal by selective pruning of up to 40% of the volume of the "moderate
fuel species" as listed in Appendix F.I.
3. Trees and large tree form shrubs (e.g. Oaks, Sumac, Toyon) which are being
retained shall be pruned to provide clearance equal to three times the height
of the surrounding understory plant material or 6', whichever is higher.
Dead and excessively twiggy growth shall also be removed.
4. Non-irrigated.
F.3-3 It is the applicants responsibility to secure agreements with owners of adjacent
property to modify offsite wildland fire hazards to the proposed project so that
conformance with the fire protection standards is achieved.
Maintenance access shall be provided to the fire protection areas.
Debris and trimmings produced by thinning shall be removed from the site or
shall be converted to mulch by a chipping machine and evenly dispersed over the
area to a maximum depth of 4".
F.3-7 The Fire Department may require documentary photographs of slopes at the time
of treatment. Photographs will remain in possession of the City as a reference
for future maintenance inspections by the City.
Policies and Requirements
APPENDIX F VI. F
RESTRICTED HIGH FUEL SPECIES
NATIVES
Adenostoma fasciculatum
Artemisia califomica
Eriogonum fasciculatum
Salvia species
Chamise
California Sagebrush
Buckwheat
Sage
Other species as specified by the City.
DOMESTICS ^^^^^^^^HH
Acacia species
Cedrus species
Cupressus species
Dodonaea viscosa
Eucalyptus species
Juniperus species
Pennisetum
Pinus species
Acacia
Cedar
Cypress
Hopseed Bush
Eucalyptus
Juniper
Fountain Grass
Pine
Other species as specified by the City.
MODERATE HAZARD SPECIES
Heteromeles arbutifolia
Malosma laurina
Quercus dumosa
Rhus integrifolia
Aylococucus bi-color
Toyon
Laurel Sumac
Scrub Oak
Lemonade Berry
Mission Manzanita
Other species as specified by the City.
RuuL
to C"
Appendix F.l-1
Jeff & Pam Tallman
Pio Pico Drive Carlsbad, CA
Off 760-721-6040 Fax: 721-4844 Hm 720-5343 cell 801-1578
Monday, November 19, 2001
Joe McMahan, City of Carlsbad Community Development
1635 Faraday Ave.
Carlsbad, CA, 92008
Dear Joe:
Thank you for your open and honest communication with me regarding walls to the
north and the south. I have now completed the survey with my engineer of record,
Dennis Beard of B&B Engineering and will be submitting an "as-built" construction plot
plan for the grading completed last year. The pad will be in conforrnance with all
recommended approvals. I will also have Bob Ladwig present those corrections to all
departments so as to be taking the correct procedures for those corrections. I trust we
can work through the procedures quickly as I am nearing completion and ready for
"CofO" within a week or so.
I apologize for the continued complaints my neighbor has caused over issues that can
be easily addressed in open communication. Please find attached a copy of the letter
to Kelly in my effort to get along with my neighbor. If you have any questions, don't
hesitate to call me or drop by early morning or late in the afternoon.
Committed to Excellence,
Jeff & Pam Tallman, owners
cc: David Rick, engineering/Barbara Kennedy, planning
Jeff & Pam Tallman
Pico Drive Carlsbad, CA 92
Off 760-721-6040 Fax: 721-4844 Hm 720-5343 cell 801-1578
j»
0™
Monday, November 19, 2001
Mr. Howard Kelly,
2347 Pio Pico Ave.
Carlsbad, CA, 92008
Dear Howard:
(By hand delivery on this date at approximately
I apologize for the outburst this morning... not a good morning for me to be dealing with
more of what seems to me to be further unwarranted issues regarding the Keystone
blocks at the front of our home. I thought we had that issue worked out and agreed to.
After some discussion with the city inspectors, it would appear not to be so.
On or about 9/18/01, you and I shook hands on what I thought was a resolution to the
issues of the small portion of blocks holding soil at the power pole. You apologized for
your wife's outburst; we both agreed to be more open when things needed to be
addressed. In that discussion, you agreed "...that so long as most of the blocks were
moved away from the driveway and not on my (your) property, the other blocks near
the pole would not be a hindrance..." (a paraphrase). We agreed to keep the balance
of the blocks on or beyond the property line. You then proceed to make it an issue by
continuing your complaints to the city of Carlsbad and SDG&E. The city and SDG&E
did not have a problem with what we have done at the time of inspections, why should
you? You should stick with your word and agreement and I'll make every effort to do
what is balanced and fair.
Howard, let's try and get along. This is not comfortable for either of us, not only as a
human being, but as a neighbor. Attached is a copy of the letter sent to you on or near
that date and not picked up by you or your wife. It references the repairs for the
driveway. Once again, I intend to make all repairs on completion of work on the home,
which will be in about 2 weeks. If I do it now, it makes no sense. Further damage may
occur and it will limit access unnecessarily for any deliveries to my home.
Don't hesitate to call or stop me outside if you would like to set some time aside for any
clarification. Once again, here's my phone numbers: office- 760-721-6040, home- 760-
720-5343, eel- 760-801 -1578.
My survey is now complete. Once it has been turned in to the city, I will let you know. I
will do what is in compliance with all local codes and ordinances.
Committed to Excellence,
Jeff & Pam Tallman, owners
cc: File, counsel, city of Carlsbad
City of Carlsbad
Planning Department
November 1,2001
Mr. Jeffrey Tallman
2339 Pio Pico Drive
Carlsbad, CA 92008
RE: CDP 99-18/HDP 99-09 - Tallman Property
Dear Mr. Tallman:
It has been brought to my attention that you have made some unapproved
modifications to your single-family residential project. Specifically these
modifications are: 1) a retaining wall that appears to be located in the open space
easement area, 2) a proposed circular driveway and associated retaining walls,
and 3) a modification to the location of the retaining wall adjacent to the adjoining
lots on the east. These modifications will need to be submitted for review
through the Substantial Conformance process. If the modifications are not
approved, you will need to either remove them or amend your Coastal
Development Permit/Hillside Development Permit. Staff will not support
encroachment of any retaining walls into the open space area.
Please review the enclosed submittal guidelines and submit your request along
with a $130 fee as soon as possible. You will not be able to receive final
occupancy for your project until this issue has been resolved.
Sincerely,
Barbara Kennedy
Associate Planner, AICP
c: Don Neu
David Rick
Joe McMahon
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
POLICY NO. 35
EFFECTIVE DATE: July 23. 1998
Page 1 of2
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
GUIDELINES FOR SUBSTANTIAL CONFORMANCE DETERMINATIONS
I. Intent and Purpose
An expectation and goal of the Carlsbad City Council, Planning Commission, City staff and
general public is that all aspects of an approved development project (i.e. site design,
landscaping, architecture, grading and conditions of approval) are completely implemented
through project build-out. The overriding objective is to attain the highest quality project
consistent with the design, conditions, and commitments associated with the original project
approval. To this end, project applicants are required to provide detailed planning, engineering
and building design information during the project review process. It is, however, recognized
that there will be situations where aspects of an approved project will be proposed for revision.
These Guidelines provide: (1) criteria for determining whether a requested project revision can
be found to be in Substantial Conformance with the original project approval; and, (2)
procedures for processing a Substantial Conformance request.
II. Substantial Conformance Criteria
A project revision may be in Substantial Conformance if all of the following findings can be
made:
(1) No project condition, feature, facility or amenity is changed or deleted that had been
considered essential to the project's design, quality, safety or function;
(2) The request represents an upgrade in overall design features and or materials and improves
upon the project's compatibility with the surrounding neighborhood;
(3) The proposed revision does not change the density (i.e. the addition of units) or boundary of
the subject property;
(4) The proposed revision does not involve the addition of a new land use not shown on the
original permit (e.g. adding a commercial use to a residential project, replacing single family
units with attached residential units, vice versa for each example, etc.);
(5) The proposed revision does not rearrange the major land uses within the development (e.g. it
doesn't exchange the locations of single family units with attached units);
„City of Carlsbad
Public Works — Engineering
November 1, 2001
Jeff & Pam Tallman
2339 Pio Pico Drive
Carlsbad, CA 92008
NOV 2001
CERTIFIED MAIL: 7000 0520 00227010UWWB7DEPARTMENT
City Of
Carlsbad
CPD 99-18 / TALLMAN RESIDENCE / GR000024
Mr & Mrs Tallman
After careful review of your approved Grading plans and a physical visit to
your site located at 2339 Pio Pico Dr., some items of concern need to be addressed
before occupancy will be granted. Your present grading condition in the field is not
what is represented on the approved grading plans. Please have your Engineer of
Work submit a construction change to the City of Carlsbad for the extension of the
retaining wall on the west side, ( back yard portion of your project). Please have your
Engineer of Work submit a construction change for the 100-foot long x 4-foot high
masonry wall, north side (see San Diego Regional Standard Drawings C-3) which
was replaced with a key stone masonry wall.
If I may be of any assistance in this matter please call me at (760) 602-2780 X
7312.
Sincerely,
JOE MCMAHON
Project Inspeclg
cc: file
Don Moore, Construction Manager
Barbara Kennedy, Associate Planner
David Rick, Assistant Engineer
5950 El Camino Real • Carlsbad, CA 92008 • (760) 6O2-2780 • FAX (760) 438-4178
From: Pat Kelley
To: Sandy Holder
Date: 10/30/01 3:10PM
Subject: Customer Concern 2351 Pio Pico
Sandy - Following up on the letter from Ms. Butler, I called her today and filled her in on the City's
response to her main issues. They were:
1. Small Keystone retaining wall possibly over the Tallman's property line.
No Bldg Permit required for this wall, and placement thereof is not regulated by the City. That's a civil
matter between P/0's.
2. Electric sweep from the utility power pole to the Tallman house.
The conduit between the utility pole and the house service is the regulatory domain of the SDGE. They
inspect the conduit depth and placement while under construction. The City has no oversight on the SDGE
side of the meter.
3. Tallman plan to add a semi-circular driveway to his lot.
I have spoken w/ Joe McMahon and the Bldg Inspector and asked them both to ensure Tallman changes
his plan if he chooses to change his driveway into the easement. That being said, the City will likely allow
that to occur since it does not affect the public right of way.
So Ms Butler knows there isn't a lot the City can do for her stated concerns, but her larger concern was
her perception of Tallman's demeanor in the way he's evidently establishing his "neighborliness".
Symptomatic of infill development w/o neighbor involvement.
Pat
CC: Joe McMahon; Pete Dreibelbis; Skip Hammann
City of Carlsbad
Planning Department
November 26, 1999
Bob Ladwig
Ladwig Design Group Inc.
Ste 300
703 Palomar Airport Rd
Carlsbad CA 92009
SUBJECT:CDP 99-18/HDP 99-09 - TALLMAN PROPERTY
The preliminary staff report for the above referenced project will be mailed to you
on Friday, October 29, 1999. This preliminary report will be discussed by staff at
the Development Coordinating Committee (DCC) meeting which will be held on
November 8, 1999. A twenty (20) minute appointment has been set aside for you
at 9:30 a.m. If you have any questions concerning your project ybu should attend
the DCC meeting.
It is necessary that you bring your required unmounted colored exhibit(s) with you
to this meeting in order for your project to go forward to the Planning Commission.
If you do not plan to attend this meeting, please make arrangements to have your
colored exhibit(s) here by the scheduled time above.
If you need additional information concerning this matter, please contact your
Planner, Barbara Kennedy at (760) 438-1161, extension 4455.
CITY OEXARLSBAD
^.
E.^AYNE /
Assistant Planning Director
GEW:BK:eh
c: File Copy
2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-0894
KEVIN E. MC C ANN
C. DANIEL CARROLL
MCCANN 6 CARROLL
ATTORNEYS AT LAW
2755 -JEFFERSON STREET. SUITE ai I
CARLSBAD, CALIFORNIA 92008-1715
TELEPHONE (7SO) 72Q-34OO
FAX <76O) 7£9--48O8
November 12, 1999
Bill Compas, Planning Commissioner
Courtney Heineman, Chairperson
Ann L'Heureux, Planning Commissioner
Rpbert Nielsen, Planning Commissioner
Jeff Segall, Planning Commissioner .
Seena Trigas, Planning Commissioner
Kim Welshons, Planning Commissioner
RE: Public Hearing for Negative Declaration and Permits Associated with Lot Line
Adjustment for Tallman Property on West Side of Pio Pico Drive, South of Yourell
Avenue - A.P.N. 156-350-04
Case File: CDP99-18/HDP99-09
Hearing Date: November 17, 1999, 6:00 p.m.
Honorable Chairperson Heineman and Honorable Commissioners:
I am legal counsel to Howard A. Kelley, the longtime owner of the residential real property
southwest of and contiguous to the applicant's property. Access to the Kelley property from Pio Pico
is made via a "flagpole" driveway which services Mr. Kelley's property, and also his neighbors', the
Failings. My clients and their neighbors have received some unfair treatment from the applicant, Mr.
Tallman, since he began his unpermitted grading and use of the property, and they are extremely
concerned about the application before you because of his past history, and because of further threats
to their property and the community, as described by this letter.
Mr. Kelley's concerns lie in two distinct areas. First, the proposed boundary adjustment is in conflict
with easement rights associated with the applicant's parcel, and threaten to overburden the Kelley
property. Second, the existing development, and anticipated future development by Mr. Tallman
have already caused serious harm to the sensitive hillside environment, and he threatens to do more
harm.
Planning Commission
Page 2
November !2. 1999
I will attempt to address these two concerns separately, and in order:
The Proposed Lot Split Does Not Reflect Easement Rights Properly
If you have occasion to examine the condition of Mr. Tallman's title, you will see that it is not at all
clear that he has access to his property over the Kelley driveway. Mr. Tallman, as best we understand
it, claims that his rights derive from an ancient deed to one of his predecessors, the Martins. The
driveway owned by the Failings and Mr. Kelley is owned in fee, subject to an easement across it for
the benefit of "any portion of the adjacent land remaining vested in Joe A. Martin and Laura A.
Martin . . ." It is obvious that the property no longer remains vested in the Martins, but instead is
vested in Mr. Tallman. Mr. Tallman has access to his property from Pio Pico, but if he bisects his
property, the more westerly of the two parcels will, we understand, only have access off the
easement driveway, which Mr. Kelley contends does not benefit Mr. Tallman. Rather, that easement
driveway was, by its terms, personal to the Martins and reverted to Mr. Kelley when the Martins sold
their property to Mr. Tallman.
On September 21, 1998,1 wrote a letter to Mr. Tallman and reminded him of this weakness. In the
letter my closing paragraph provided as follows:
"In the event that I am not aware of a deed conferring any greater
interest than what I have described by this letter, I would appreciate
you bringing that to my attention."
Mr. Tallman has not provided any deed, or any other indication that he has a right to an easement
across the Kelley property. Thus, your commission should not approve any project by which Mr.
Tallman cannot provide access to all of his sites across his own property.
Disturbance of Wildlife Conditions
You are each undoubtedly familiar with the unique character of the hillside adjacent to the Tallman
property. Though it may not be riparian wetland by definition, it is so closely associated with that
wetland that it shares much of the wildlife with that area. While Mr. Kelley recognizes that every
person in thiS'City has a right to make reasonable use of his property, in these days of heightened
consciousness as to our remaining natural habitat, everyone must be responsible as they go forward
with development.
Shortly after Mr. Tallman assumed ownership the property was graded, and a substantial amount of
earth was either brought to the site, or moved around on the site. It is my client's understanding that
Mr. Tallman had to be stopped by City staff members because his grading was being done outside
of municipal grading ordinances. The effect to Mr. Kelley and his neighbor was that their properties
were left adjacent to a barren, dusty wasteland. Edges and retaining abutments on my client's
driveway were bladed out by Mr. Tallman so that, when it rains, mud washes down on their
Planning Commission
Page 3
November 12, 1999
easement road. Mr. Tallman loaded motorhomes on the property, placed against the property line
so that they were directly opposite my client's home. They were unsightly, and it is only recently,
on the eve of this application process, that any serious effort has been made to clean the site. My
clients understand that the applicant cleaned the brush from the adjacent hillside without a permit,
and they are particularly disappointed with the change in the unique wildlife which has occurred
since that time. Until the thinning occurred, Mr. Kelley and his wife had the pleasure of watching
a family of grey foxes on a regular basis. They appear to have lived in the hillside area, and they
came out for regular feedings and watering on the Kelley lawn in the evening time. Shortly after the
thinning occurred, they have moved on can only be seen occasionally. Mrs. Kelley last saw one of
the foxes approximately six weeks ago.
The carelessness with which the applicant has approached the development of this property is
particularly annoying to Mr. Kelley because of the current use by Mr. Tallman. During the day the
Tallmans leave a motorhome in the middle of the lot with an unsupervised dog chained to it. Worse
yet, Mr. Tallman has created a semi-permanent canvas outbuilding immediately against the lot line
on the southwest corner of his property. This storage shed appears to have a rigid frame of some sort,
is installed on a gravel basis and is, for all intents and purposes, a building, albeit a poorly
constructed one. It is not an agricultural building and there is no excuse for its presence and location
in a way to cause such visual annoyance to the applicant's neighbors.
In conclusion, Mr. Kelley and his neighbors would undoubtedly be more cooperative with this
applicant had not there been so many difficulties experienced in the short time that he has been in
ownership. For these reasons, and those that may be expressed by Mr. Kelley at your hearing, he
opposes the permits sought by the applicant in connection with this lot split project.
I hope to be present at next Wednesday's meeting, and Mr. Kelley has asked me to be. However, I
am engaged in a deposition in Orange County, and may arrive at the meeting late.
Thank you in advance for your consideration. If you have any questions in advance of the hearing,
you may wish to call me directly, or call Mr. Kelley at (760) 729-3644. If you choose to visit the site,
the features that I have discussed, including the bladed roadway, the substantially moved earth, the
thinned hillside and the outbuilding are readily apparent.
Thank you for your consideration.
Very truly yours,
McCANN & CARROLL
Kevin E. McCann
KEM:js
cc: Client
MEMO
October 20, 1999
TO: BARBARA KENNEDY, Planning Department
FROM: DAVID RICK, Engineering Department
RE: CDP 99-18/HDP 99-09 TALLMAN PROPERTY
Please add the following conditions to the approving resolution:
1. Based upon a review of the proposed grading and the grading quantities shown on the
constraints map, a grading permit for this project appears to be required. The developer
must submit and receive approval for grading plans in accordance with city codes and
standards prior to issuance of a building permit for the project.
2. No grading for private improvements shall occur outside the limits of the project unless
a grading or slope easement or agreement is obtained from the owners of the affected
properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer
must either amend the site plan/constraints map or modify the plans so grading will not
occur outside the project site in a manner which substantially conforms to the approved
site plan/constraints map as determined by the City Engineer and Planning Director.
Please make the following revision to Condition 24:
1. Change the last four words of the condition "recording the lot line adjustment" to "issuance
of building permit".
Lcicluffg Design Group^lnc.
October 19, 1999
Barbara Kennedy ^^T 191999
City of Carlsbad CITY OF 'CARLSBAD
Planning Department PLANNING DEPT
2075 Las Palmas Drive
Carlsbad, C A 92009- 15 76
Reference: TALLMAN PROPERTY - CDP 99-1 8 and HDP 99-09
(LADWIG DESIGN GROUP, INC. - J/N L-1052 )
Dear Barbara:
To follow up on your letter of October 12, 1999 to me, please find four sets of the full-size plans
along with one set of plans at 81/2x1 1 . As we discussed today, we will provide you with additional
copies prior to the Planning Commission meeting.
The changes that were made on the attached plans are as follows:
As suggested by Mr. Tallman, we are leaving the note on the Constraints Map dealing with
the proposed uses on the open-space lot. You had indicated that you would prepare an
appropriate condition to deal with that.
• The additional lot line between lots 4 and 5 has been eliminated along with the appropriate
dimensions.
I've shown a summary on Sheet A-l of the first and second floor along with the garage and
the total square footage as requested. I have also added the summary on several other sheets.
• I have made the changes to detail A as suggested.
In addition, on October 14th, I talked to David Rick who had some additional changes that he would
like made. Those changes include:
• I have added a note for parcel B that specifies a berm and ditch along the west edge of the
parcel to eliminate cross drainage onto parcel A. This ditch would drain southerly to an
energy dissipater prior to discharging onto the edge of the property. In addition, the near
vertical slope along the south edge of parcel B is to be re-graded to a 2-to-l slope with the
toe of the slope being at the northerly edge of the 4.9 foot proposed dedication.
• The one change that has not been completed is to add a drainage area map to the hydrology
study. I would suggest that this requirement become a condition in the conditions of
approval.
703 Palomar fiirport Road 4 Suite 300 4 Carlsbad, California 92009
(760) 438-3182 FRX (760) 438-01 73
Barbara Kennedy
October 19, 1999
Page 2
I believe this covers all the changes that have been requested. Please look over the plans and call me
if you have any questions.
Sincerely,
Ladwig Design Group, Inc.
Robert C. Ladwig
RCL:lb. 1052.010
Enclosures
cc: Mr. JefFTallman w/o enclosures
Mr. David Rick, w/o enclosures
703 Palomar Rirport Road 4 Suite 300 + Carlsbad, California 92009
(760)438-3182 FRX (760) 438-0173
SLOPE ANALYSIS
SLOPE RMTOC (»)
0.00 - 15.00
15.00 - 25.0025.00 - 40.00
"
25.00 -
40.00 -
% OF TOTAL AREA
'3.0°28.12-223T
CONSTRAINTS MAP - TALLMAN PROPERTY VICINITY MAP
• AREA DOES NOT INCLUDE RIGHT OF WAY FOR JEFFERSON STREET.
TIC SLOPE ANALYSIS WAS ACCURATELY PREPARED SI COfUTER MODELING
FTOM TOPOCRWHY IT-CNN BY TOW1LL. IMC.. QMTO 12M/«. THIS SLOPEANALYSIS HAS BEEN ACCURATELY CALCULATED A-« IDENTIFIED CONSISTENT
WITH SECTION 21.73.020 CT THE C1TT OF CARLS9AD ZONING ORDINANCE.
CDP-99-18
HDP - 99 - 09
SLOPE PROFILES
PROHLE A-A
SCALE:HOW: 1" • SO'VERT: r - w
pffonir a-a
SCALE:MORI: r - so*
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125
100
PPQFItE C-C
_ UTTUTY
RESERVED
PARCEL A
- TOTAL ( .,..
- NUTflEK OF LOTS/EXIBTINQ I PROPOSED;
- PROPOSED FUTURE OPEN SPACE: 2.012 AC (M X OFPARCEL A)- EXISTING AND PROPOSED GENERAL PLAN; RLN ANDOPEN SPACE- EXISTING AND PROPOSED ZONING) R-l- LOCAL FACILITIES FWMACETCHT t IOC I
- PUBLIC SERVICES
— ELECTRIC/CAB - SDCE— TELEPHONE - PACIFIC BELL— CATV - DANIELS CABLEVISION— SETO/WATCR - CITY OF CARLSBAD
— ORAlNACE-FtRE - CITY OF CARLSBAD— SCHOOL - CARLSBAD UNIFIED SCHOOL DISTRICT— SOURCE OF TOPO - TOV1LL INC. JOB •9S-6B04DATED 12/l/«TOPO FIELD CONTROL BY BLB ENGINEERI NO. INC.— SURVEY DATA BY BIB ENGINEERING PERADJUSnCNT PLAT 538
— PROPOSED SEKCR USAGE (PARCEL A ONLT) 130GALLONS/DAY— PROPOSED AOT - (PARCEL A QM.Y)- 10 ACT
__ _T C. fc PATCLA TMJJWI1633 B. COAST KJCHWAYOCEAMIDE. CA. nfW4
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IFRAI nr^mrPTiQM
PORTION OF TRACT 7 OF LACUNA MESA TRACT, ACCORD I NOTO WA NO. |T|t, FILED IN THE OFFICE OF THE SAN
DIECO COUNTY RECORDER.AP. •136-350-Oa. Ot.
PRELIMINARY TITLE REPORT
FIRST ATCRICAN TITLE INSURANCE CO.
POLICY «tlB91«
SECTION E-ENTS
PAPTfl n QRAOtNC/DRAINACF: NOTES
1 CONSTRUCT BERU AND BROW DITCH AT REAR OF PARCEL
6 TO WWW SOU7HEPM.Y TO ENERGY DISSAPATOB AT SOOTH
EDGE OF PARCEL B TO PREVENT DRAtWGE FROM FUWMG
ONTO PARCEL A FROM PAflCQ, B.
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• CFEN SPACE 1.012 AC NET
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OCDCCAOON (10' AiONG PtO PICO Ofjff.f tLQNG SCUJH f PMCO. MS - ' WOUND LICHriND * AUDIO
VARIES >T VEST CNO CT PMCa A). Iff OTFT* H PIO PICO TO BE '. vStJL^frfwSvSaSt * "'
.GRADED AREA • 0.22 AC • 3272* CY/ACCRADES SH>N ARC P^ELIM[NAHT A-C SUBJECT TOCHANCE. DCPPOIHG ON ENGINEER V WORK ANALYSIS ANOSOILS ENGINEER RECcrtCNOATiONS. CRAOINCOUAMTITIES ARC ONLY A ROUGH ESTIMATE FCP PLANNINGPWOSES.
- . -WEEN- CHILDRENS n.AY AREA - INCLUDING E- RIGHT CF ACCESS B* OWCR ANO QUESTS FOR
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CONSTRAINTS MAP
TALLMAN PROPERTY - CARLSBAD
LADWtG DESIGN GROUP, INC.
703 PALOMAfl AIRPORT ROAD, SUITE 300
CARLSBAD. CA 92009
(780) 4«-3t B2
(760) 438-0173 FAX
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City of Carlsbad
Public Works — Engineering
October 12, 1999
Certified Mail
Mr. Jeffrey Tallman
1833 South Coast Highway
Oceanside, CA 92054
GRADING ORDINANCE VIOLATION OF PROPERTY LOCATED AT 2335 PIO PICO DRIVE
APN#1563500800
It recently came to our attention that certain grading activity has occurred on the above referenced
property. A City Construction Inspector was dispatched to the site and has made a determination that the
grading of your properties was conducted in violation of the City's Grading Ordinance. Approximately 150
cubic yards of soil wasjmproted on the site. We request that you contact this department within the next
two weeks and schedule a meeting with Gary Goodman to work out a program to resolve the violation.
Your work program will most likely require that you obtain grading permits through normal City
procedures. This requires the processing of grading plans prepared by a Registered Civil Engineer as
well as preparation of soils reports. Frequently, this process will take in excess of three months. During
the interim, your work program may require temporary erosion control or traffic signage to protect the
health, safety and welfare of the public. You will be required to pay normal plancheck fees and to submit
the regular security bonds. However, since a violation has occurred, the grading permit fees will be twice
the normal fee in accordance with the requirements of the Grading Ordinance.
Please take note, failure to contact the City within two weeks or to satisfactorily establish a program to
mitigate the violation within a reasonable period of time will result in the filing of a Notice of Grading
Violation against your properties and in possible proceedings of nuisance abatement or misdemeanor
violation or both.
If you have questions regarding this matter or wish to schedule a meeting to establish a work program to
resolve this issue, you may contact Gary Goodman, at 438-1161, Ext. 4509.
Sincerely,
RICHARD E. COOK
Public Works Manager, Construction & Contracts
REC:jag
c: Public Works Director/City Engineer
Assistant City Engineer
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (760) 438-1161 • FAX (760) 431-5769
City of Carlsbad
Planning Department
October 4-2-; 1999.
Mr. Robert Ladwig
703 Palomar Airport Road, Ste 300
Carlsbad, CA 92009
VIA FAX: 760-438-0173
Re: CDP 99-18/HDP 99-09 - Tallman Property
Dear Mr. Ladwig:
Please submit 10 sets of plans plus one set of reductions (8 Vz" x 11") for the
Planning Commission hearing tentatively scheduled for November 17, 1999.
Prior to submittal, please revise the plans as follows:
1. Omit all references to Proposed Uses in Open Space, as shown on the
constraints map.
2. Remove the previously proposed lot line between Lots 4 and 5 (two lines are
shown).
3. Provide a summary on sheet A-1 showing sq. ft. of first floor, second floor,
garage, and total square footage.
4. Please revise Detail "A" by replacing "RESERVED FOR ROAD EASEMENT" with
"IRREVOCABLE OFFER OF DEDICATION FOR ROAD AND UTILITY EASEMENT" (see
attached).
I will need the revised plans by October 18, 1999. If you have any questions,
please call me at (760) 438-1161 extension 4455.
Sincerely,
Barbara Kennedy, AICP
Associate Planner
BK:eh
c: David Rick
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894
September 29, 1999
To: Rich Rudolph, City Attorney's Office
From: Barbara Kennedy, Associate Planner
RE: CDP 99-18/HDP 99-09/ADJ 538 - TALLMAN PROPERTY
I held a meeting with the property owners who own the easement in order to get
their input prior to scheduling this project for the Planning Commission hearing.
Mr. Kelly gave me a copy of the attached letter from his attorney to Tallman. I
thought you might like to look at it since you are now "in the loop" on this project.
Please let me know if you have any additional comments or direction.
Thanks.
c: Gary Wayne, Assistant Planning Director
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File
BK:eh
(f- ,
\
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LAND USE REVIEW
September 28, 1999
TO: Associate Planner - Barbara Kennedy, Planning Department
FROM: Assistant Engineer - David Rick, Land Development Section
VIA: Principal Civil Engineer - Land Development Section /-lx?£<X
/
CDP 99-18/HDP 99-09: TALLMAN PROPERTY
PROJECT REPORT AND CONDITIONS TRANSMITTAL
Engineering Department staff has completed the review of the above-referenced project and
are recommending:
X That the project be approved subject to the conditions as listed on the attached sheet.
_ That the project be denied for the following reasons:
X The following is a final Land Development Section project report for inclusion in the staff
report for this project.
LAND DEVELOPMENT SECTION
Project Report
PROJECT ID: CDP 99-18/HDP 99-09
PROJECT NAME: Tallman Property
LOCATION: West of Pio Pico near Yourell Avenue and east of Jefferson Street
BRIEF DESCRIPTION : A property line adjustment between assessors parcel numbers 156-
350-08 and 09 and development of a single family home on the newly
created developable pad of apn 156-350-09 (Parcel A).
ENGINEERING ISSUES AND DISCUSSION:
TRAFFIC AND CIRCULATION:
Projected Average Daily Traffic (APT): The proposed single family home will generate ten
average daily trips. A Traffic study was not required because of the insignificant amount of
projected traffic generated by the proposed house and the ability of Pio Pico to serve said trip
generations.
Comment: Engineering staff is adding a condition of approval that the applicant relinquish
access rights to Jefferson Street. Based on our most recent traffic count conducted on
6/18/98, Jefferson Street carries 11,032 ADT along the subject property's street frontage.
Based on this volume, access to Jefferson Street would be permissible but is discouraged.
Pio Pico Drive, which carries a lesser volume of 1,282 ADT (count conducted on 4/28/99
between Forest and Las Flores Dr.) is the preferable street for access. Access to Pio Pico
Dr. can be provided through this boundary adjustment and utilization of an existing private
access easement.
SEWER:
Sewer District: Carlsbad Municipal Water District
Sewer EDU's Required: 1
(1) edu/dwelling x 1 dwelling = 1 EDU
Comment: Sewer facilities exist in Pio Pico Drive. However, gravity flow cannot be
achieved between Parcel "A's" pad and the sewer main in Pio Pico Dr. Therefore, a pump
will be installed on the subject property. The sewer lateral will be located across Parcel "B"
via a proposed 6 foot wide general utility easement. The lateral cannot be located within the
proposed public road and utility easement since private lines designed to pump sewage
cannot be located in public easements.
The water district is requiring the installation of a dry, gravity flow sewer lateral from the
house to the proposed public road and utility easement. This must be installed in the event
that a public sewer line becomes available in the future within the proposed public road and
utility right-of-way. The sewer pump and accompanying lateral would be abandoned
thereafter.
Although preliminary analysis suggests that this property and other surrounding properties
could ultimately achieve gravity flow via a sewer main connection into Las Flores Dr., a
blanket pubic sewer easement over Parcel "A" is being offered to provide rights of access
for an alternative sewer line connection to the Buena Vista Sewage Pump Station located
near the intersection of Marron and Jefferson. A direct connection to the sewer force main
in Jefferson Street is prohibited; thus a gravity sewer main would need to be installed to the
Pump Station. Although such a connection is unlikely to occur because (1) the connection
most likely won't be needed and (2) construction of said line is probably cost prohibitive, the
easement will be available to the public nevertheless. The offer will be rejected at his time.
WATER:
Water District: Carlsbad Municipal Water District
GPD Required: 220 gpd/edu x 1 edu's = 220 GPD
Comment: No major water issues are associated with this proposed project.
SOILS & GRADING:
Quantities: Cut: 200 cy Fill: 500 cy Import: 300 cy
Permit required: Yes
Off-site approval required: No
Hillside grading requirements met: Yes
Preliminary geo-technical investigation performed by: Not applicable. To be submitted with
application for grading permit.
Comment: As the properties exist today, Parcel "A" fronts Jefferson Street and is completely
constrained by steep slopes. Although the property is completely constrained, the property
owner has the right to construct one single family home on the property and obtain driveway
access from Jefferson Street. Due to potential slopex*stability and soil erosion problems
associated with development of the property in its current state, engineering staff
encourages the boundary adjustment since the boundary adjustment provides Parcel "A"
with a developable pad thereby eliminating these potential hazards.
There are no major grading issues associated with this project. The subject property is,
however, subject to the City's infill grading standards. Per the standards, fill 3 feet to 10 feet
in vertical height can be permitted by the City Engineer. The applicant is proposing 0 to 3
feet of vertical fill throughout most of the property. However, 3 to 4 feet of fill is proposed at
the western end of the pad. This amount of fill is acceptable as the City Engineer has
determined that the area involved is minor in size and the area of increased height provides
the only usable yard area for the property. A 4:1 grade will be used in lieu of the maximum
grade of 2:1 for the pad's slope. This lesser grade will better blend with the natural
topography and "soften" any possible visual impacts created by the fill.
DRAINAGE AND EROSION CONTROL:
Drainage basin: A
Preliminary hydrology study performed by: B & B Engineering, Inc.
Erosion Potential: Low
Comment: There are no major drainage issues associated with this project. The amount of
runoff anticipated from a conservatively estimated .20 acres (50% of developable site) of
impervious soil would equate to a negligible 1.17 cfs for a 100 year storm frequency. This is
an increase of only .18 cfs from an entirely pervious site.
In the event that drainage from the potential future public street would need to be directed to
Jefferson Street, a blanket public drainage easement is being offered across Parcel "A".
LAND TITLE:
Conflicts with existing easement: none
Easement dedication required: Yes. See below for explanation
Site boundary coincides with land title: Yes
Comment: Several public and private easements will be required for this project. The
blanket easement for public sewer and drainage across-Parcel "A", the relinquishment of
access to Jefferson Street, and the private utility easement across Parcel "B" for the Benefit
of Parcel "A" have been discussed in other sections of this report. Easements which have
not been discussed which need explanation are as follows:
a) Public Road and Utility Easement: Beginning at the most easterly end of the
project site, 10 feet of Parcel "B's" property frontage will need to be dedicated for
public street and utility right-of-way to provide the standard street right-of-way
width of 60 feet for Pio Pico Dr. This easement will extend along the south side
of Parcel "A" and "B" creating the northern boundary of a 60 foot wide street and
utility right-of-way. This 60 foot wide right-of-way is shown as a potential location
for a future public street and by no means is this street required to be positioned
at the location illustrated by this project's plans. The exact alignment will be
determined when one of the neighboring properties subdivides and develops
their property. The boundary shown on the project's plans was established as
the most northerly position that could be achieved without violating minimum lot
width requirements. Parcel "B" must maintain a minimum lot width of 60 feet per
zoning ordinance. At a width of 64.90 feet, that leaves an offer of dedication of
4.9 feet. Thus, the northern right-of-way boundary is established. As the
easement extends westward of Parcel "B", the street could begin to align
northward and end at the top of slope located near the temporary storage tent.
The easement dedication was aligned accordingly.
b) Private easement for road and utility purposes : An existing access easement
exists over apn 156-351-05 for the benefit of apn 156-350-08. This easement
will provide the residences of Parcel "A" access to Pio Pico Dr. Per the City
attorney's evaluation, this easement cannot be revoked without the beneficiary's
approval. Therefore, access to Pio Pico Dr. is secured.
c) Relinquishment of access rights for Parcel "B" : A condition has been added
requiring the relinquishment of access rights along the south side of Parcel "B".
By relinquishing rights of access at this location, utilization of the private road
and utility easement over apn 156-351-05 is restricted to Parcel "A".
IMPROVEMENTS:
Off-site/on-site improvements: None at this time. See comment below.
Standard variance required: none
Comment: The property owner will be required to enter into a "Contract for Future Public
Improvements" in lieu of installing street improvements on Jefferson Street, Pio Pico Drive, and
the future road at this time. The property owner will be responsible for half-street improvements
along the south side of Parcel "A" starting at a point approximately 140 feet east of the westerly
boundary of Parcel "A". These improvements will extend eastward along the south side of
Parcel "B" to Pio Pico Dr. and northward to the northern boundary of Parcel "B". In the event
that the road is aligned at a different location than that shown on the project plans, the property
owner will only be responsible for half street improvements which abut or enter onto Parcel "A"
or "B". The property owner will also be responsible for half-street improvements on Jefferson
Street.
Separate agreements will be processed for Parcel "A" and Parcel "B". Currently, both parcels
are owned by Mr. And Mrs. Tallman. If ownership of one of these parcels were to change, then
the new owner would then be able to remove the agreement from his title once improvements
along his frontage were completed.
For Pio Pico Drive and the future road, a "Contract for Future Public Improvements" will be
executed in lieu of installing improvements for several reasons. They are as follows:
a) At this time, the City does not know where the future roadway will align. The
alignment will be determined when one of the neighboring property owners (i.e.
Dresselhaus, Failing, Kelly) proposes an alignment via subdividing/developing their
property.
b) The property is not suitable for improvements at this time. Alignment and depth of a
sewer main and possibly a storm drain cannot be determined until further studies are
completed. Coordinated efforts to obtain off-site dedications and construct said
improvements on three separate properties all of which are separately owned would
be necessary. In addition, if improvements were to be constructed at this time, an
additional 12 feet of street pavement, a temporary turn around, and temporary
drainage facilities would be required. Previous U.S. Supreme court cases require
that the required improvements be "roughly proportionate" to the proposed
development. These additional facilities in addition to half street improvements
would not be proportionate to the proposed project.
c) The subject property does not need to be served by roadway improvements at this
time. The property owner is, however, being held responsible for his portion of said
improvements since he will benefit and utilize said improvements when they are
ultimately constructed.
ENGINEERING CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
Unless specifically stated in the condition, all of the following conditions, upon the
approval of this coastal development permit and hillside development permit, must be
met prior to recordation of the lot line adjustment.
1. Prior to issuance of any building permit, the developer shall comply with the
requirements of the City's anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
2. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the developer shall submit to and receive approval from the
City Engineer for the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
3. The developer shall pay all current fees and deposits required.
4. The owner of the subject property shall execute an agreement for parcel "A" and
"B" holding the City harmless regarding drainage across adjacent properties.
5. The owner shall enter into a lien contract for the future public improvement along the
project frontage for a half street width of thirty feet on Jefferson St., Pio Pico Dr.,
and the future road located along the south side of Parcel A and B. Public
improvements shall include, but not be limited to, paving, base, sidewalks, curbs
and gutter, grading, pavement removal, undergrounding or relocation of utilities,
sewer, water, fire hydrants, street lights and retaining walls. Two separate
agreements shall be processed: one for Parcel "A" and the other for Parcel
"B". The agreements must be recorded on the property prior to recording the
5
lot line adjustment.
6. The owner shall give written consent to the annexation of the area shown within the
boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 on a form provided by the City.
7. Rain gutters must be provided to convey roof drainage to an approved drainage
course to the satisfaction of the City Engineer. The rain gutters for the house
proposed on Parcel "A" shall be designed to convey drainage to the pad's
drain inlet and energy dissipater.
8. The owner shall execute a hold harmless agreement for geologic failure for Parcel
"A".
9. Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to or concurrent with any grading or building permit as
may be required by the City Engineer.
10. The owner shall make an irrevocable offer of dedication to the City for all public
streets and easements required by these conditions or shown on the site plan. All
land so offered shall be granted to the City free and clear of all liens and
encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated. The 10 foot wide portion of the public street and
utility easement fronting Pio Pico Drive as shown on the constraints map shall
be offered for dedication and accepted by the City Engineer. The remaining
portion of the public street and utility easement extending approximately 520
feet westward of Pico Drive along the south side of Parcel "A" and "B" shall
be offered for dedication and rejected by the City Engineer.
11. Direct access rights to Jefferson Street shall be waived by separate deed
document on Parcel "A".
12. The existing access easement over assessor's parcel number 156-351-05 shall
be quitclaimed by separate deed document for Parcel "B".
14. Prior to the issuance of building permit, a covenant of easement for a six foot
wide private utility easement shall be recorded on Parcel "B" for the benefit of
Parcel "A" as shown on the constraints map.
15. A public sewer and drainage easement shall be offered by separate deed
across all of Parcel "A" excluding the building pad as shown on the
constraints map. Said offer shall be irrevocable and rejected by the City
Engineer.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
16. The developer shall exercise special care during the construction phase of this
project to prevent off-site siltation. Planting and erosion control shall be provided in
accordance with the Carlsbad Municipal Code and the City Engineer.
If you or the applicant have any questions regarding the above, please either see or call
me at extension 4324.
David Rick
Engineering Technician - Land Use Review
c: Robert J. Wojcik, Deputy City Engineer, P.E.
KEVIN E. MCCANN
C. DANIEL CARROLL
MCCANN & CARROLL
ATTORNEYS AT LAW
Z75B JEFFERSON STREET, SUITE 21 I
CARLSBAD. CALIFORNIA 92008-1715
TELEPHONE <7eO> 728-3400
FAX (7OO) 72O-46O8
September 21, 1998
Jeff & Pamela Tallman
2285 Highland Drive
Carlsbad, CA 92008
RE: Access Drive to Pio Pico Property
Dear Mr. and Mrs. Tallman:
Please allow me to introduce myself as legal counsel to B & K Management Corporation. My client,
of which you may be aware through Howard Kelley of that company, owns property adjacent to
yours on Pio Pico Drive. I am advised that you are the owners^of property at one time owned by Joe
and Laura Martin.
An issue has recently arisen with respect to your use of the "flagpole" portion of my client's flag lot.
You are also probably aware that both my client and Mr. and Mrs. Failing own lots set back from
Pio Pico which contain driveway appendages providing access to that street. In conjunction with
your anticipated use of your own property you apparently have begun some earth movement which
affects those easements.
Most importantly, however, it is my client's understanding that you take the position that you have
a one-third ownership interest in the fee to the driveway. I have researched a fairly significant .„>;
number of deeds pertaining to the history of ownership of the involved parcels, and it appears to me f
that you have no such fee interest. The Failings and my client appear to each own an undivided one-
half interest in the right-of-way, and you have no such ownership interest in it. At best you have an ' '
argument that you have a right of use enjoyed at one time by Mr. and Mrs. Martin, but even that
instrument referred only to their right to use an easement across the subject area for the benefit of
"any portion of the adjacent land remaining vested in Joe A. Martin and Laura A. Martin..." As you
are aware, the property is no longer vested in Mr. and Mrs. Martin and, arguably, there is no such
right of use. _"
I would like to remind you that, even if it is determined that you are entitled to the easement right
of use that the Martins at one time enjoyed, that use is limited to use for "road and utility purposes."
This means that you cannot make any improvements on the road, change its configuration, park in
Jeff & Pamela Tallman
Page 2
September 21, 1998
the road, or otherwise disturb the road or right of way. Moreover, you may not overburden the
driveway by using it in connection with any other properties.
It is also our understanding that you have made recent representations to the Planning and/or
Engineering Departments of the City of Carlsbad indicating that you intend to develop your property
based, in part, upon your ownership interest in this road right-of-way. Please be advised that you
may not make any representation of ownership, and you may not plan for development based upon
the assumption of ownership, as this violates my client's proprietary interest in that land.
In the event that I am not aware of a deed conferring any greater interest than what I have described
by this letter, I would appreciate you bringing that to my attention. Otherwise, your attention to the
above requests would be appreciated.
Very truly yours,
McCANN & CARROLL
Kevin E. McCann
KEM:js
cc: Client
Mr. and Mrs. Failing
Tollman 921 wpd
8 CARROLL
;"/:"; ATTORNEYS AT LAW ••'••
erso JEFFERSON stwcer. SUITE zi i
CARLSBAD. CALIFORNIA 92008- 1 7 1 5
KEVIN C. MCCANN
C. DANIEL CARROLL FAX (TOO> 7E&-A6OO
September 23,1998
HowardKelley
2347 Pio Pico Drive
Carlsbad, CA 92009
RE: Response from Jeff Tollman
Dear Howard:
Today I received a telephone call from Jeff Tollman in response to my recent letter. To summarize
his comments, Mr. Tollman says that he has no claim whatsoever as to the fee to your driveway, and
does not know how that rumor was started. He blames a female real estate agent representing the
interests of the adjacent Dresselhaus property for spreading this misinformation.
Mr. Tollman says that he has four legal lots, arid that he intends to build three single-family
residences on them, total. I challenged h^
"flagpole" on the flag lot. He informed me that he did intend to do so. I reminded him that the Local
Ordinance prevented him from using a fee strip as the "pole" on his flag lot. He tells me that the City
will allow this because his lot is not a true flag lot if it is contiguous to another public street. He says
that he is doing a boundary adjustment so that the wooded part of his property becomes contiguous
to Jefferson Street. I pointed out that this is ridiculous, because there is no access from his lot to
Jefferson Street, frustrating the purpose of the Ordinance. We agreed to disagree on this issue.
As it was left, then, Mr. Tollman does not claim that he owns a portion of your driveway. He claims
that he does have an easement across your driveway and that his easement is insured by a title
company. He claims that he intends to attempt to subdivide his property, using the driveway as the
flagpole. You should watch your mail closely for a notice ofpublic hearing. You should also contact
the Planning Department and tell them you would like to/be on the notice list as to any hearings
pertaining the development of your neighbors' property.
ts
Howard Kelley
•Page?'.- C::":: ' '"
September 23,1998 -
If you have any other questions, please give me a call.
Very truly yours,
MCCANN& CARROLL
Kevin E. McCann
KEM:js
CMWCS-CUEvrs.Kctlcy'.XdJcj 9U «pd
From: Rich Rudolf
To: Barbara Kennedy
Date: 9/22/99 2:32PM
Subject: Tallman
Anent your 9/15/99 memo:
1. Although it is a private matter between the neighbors, I believe a court would uphold the right of Parcel
A (reconfigured old Parcel 9 with a triangle from old Parcel 8 added) to be served for access by the private
easement appurtenant, Parcel A-1 (old Parcel C-1 described in the title report) (that served all of old
Parcel 8, but not 9). This is because: it served that portion of new A before (the triangle); and will not
suffer increased use by serving the old parcel 9 portion of new A (the part to be deed restricted open
space); and new parcel B (the front portion of old 8 it did serve) is relinquishing its access rights as part of
the Lot Line Adjustment approval conditions. That is, the easement is not "surcharged", being used any
more intensively than it could be now, after approval.
2. Tallman, the owner of proposed new Parcels A, B, and A-1 (the access easement), is the only one who
could relinquish the easement rights. The neighbors could attempt to extinguish the easement by court
action, but I doubt they could prevail.
3. The LLA could be conditioned to require: an Irrevocable offer of Dedication of ROW on the north side
sufficient for future public street >z width full improvements; a Future Improvement Agreement for public
street 1/2 width full improvements: and relinquishment of the easement upon city's acceptance of the
dedication and improvements into the street system.
The conditions could make clear the IOD would not be accepted and FIA called, unless and until the
adjacent southern property develops to such an extent that the city would require that developer(s) to
dedicate and construct similar other Y2 street improvement, to simultaneously improve the whole street.
At that time, all parties with easement rights over new A-1 should extinguish/relinquish the easement. If
the adjacent parcels never develop, IOD never accepted, easement stays in place, and is used by all
concerned; level of improvements, if any, up to the private parties.
CC: Bob Wojcik, Gary Wayne
Gary Wayne, Assistant Planning Director
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
Gray Davis
GOVERNOR
DATE:
TO:
RE:
STATE OF CALIFORNIA
Governor's Office of Planning and Research
State Clearinghouse
STREET ADDRESS: 1400 TENTH STREET ROOM 222 SACRAMENTO, CALIFORNIA 95814
MAILING ADDRESS: P.O. BOX 3044 SACRAMENTO, CA 95812-3044
916-445-0613 FAX 916-323-3018 www.opr.ca.gov/clearinghouse.html
ACKNOWLEDGEMENT OF RECEIPT
September 15,1999
Barbara Kennedy
City of Carlsbad
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
Tallman Property
SCH#: 99091043
Loretta Lynch
DIRECTOR
This is to acknowledge that the State Clearinghouse has received your environmental document
for state review. The review period assigned by the State Clearinghouse is:
Review Start Date: September 9, 1999
Review End Date: October 8, 1999
We have distributed your document to the following agencies and departments:
California Coastal Commission
Caltrans, District 12
Department of Conservation
Department of Fish and Game, Region 5
Department of Parks and Recreation
Native American Heritage Commission
Regional Water Quality Control Board, Region 9
Resources Agency
State Coastal Conservancy
State Lands Commission
The State Clearinghouse will provide a closing letter with any state agency comments to your
attention on the date following the close of the review period.
Thank you for your participation in the State Clearinghouse review process.
September 15, 1999
To: Rich Rudolph, City Attorney's Office
From: Barbara Kennedy, Associate Planner^
RE: CDP 99-18/HOP 99-09/ADJ 538 - TALLMAN PROPERTY
I need to get some legal advice on this project in regard to the use of an existing
access easement.
Tallman owns parcels 8 and 9. Parcel 8 has easement rights over parcel A-1,
which I have been told is owned by Failing and Kelly (southwest of Tallman's
lots). Both of Tallman's properties are zoned R-1-7,500, however, the General
Plan designation is RLM for parcel 8 and OS for parcel 9. Parcel 9 is an old olive
orchard with steep slopes and is identified as official open space on the Open
Space and Conservation Map (dated September 1994).
Tallman has an application in now for a lot line adjustment, a Hillside
Development Permit, and Coastal Development Permit to construct a single-
family residence on Parcel "A". Tallman is proposing the lot line adjustment to
create Parcel "B", a rectangular shaped lot with frontage on Pio Pico Drive and
Parcel "A" which would consist of the triangular portion of parcel 8 and all of
parcel 9. Although Parcel "A" would have street frontage on Jefferson, access is
proposed via the existing easement. Tallman will relinquish access rights to the
easement for Parcel "B" by separate deed document. Also, engineering will
require parcel "A" to relinquish access rights from Jefferson by separate deed
document, since it is not desirable to take access up through the open space
area.
The project will be required to record an open space deed restriction over all of
the "official open space" (parcel 9). The Dresselhaus property (to the south) has
inquired about subdividing their property. His proposal would require
construction of half street improvements parallel to the existing access
easement. As part of the Tallman proposal, Engineering will require recordation
of a FIA for half street improvements (over the easement together with 4.9 feet of
dedication along Tallman's south property line). The FIA would be invoked if
Dresselhaus, Failing, or Kelly subdivides and locates street access at the
location shown on the constraints map.
The questions are:
1) Does Parcel "A" have a legal right to utilize the access easement Parcel
A-1?
2) If yes, is there any possibility for the easement rights to be relinquished at
some future point in time by anyone other than the property owner of
parcel "A". How can we be assured that the right to access will always be
provided?
Along with the drawings, I have included the Preliminary Title Report for parcels
8 and 9, and the grant deeds for the access easement Parcel A-1. Tallman has
also submitted a letter from their title insurance company guaranteeing use of the
easement for new Parcel "A". I need clarification on this issue specifically
because Kelly and Failing have cast some doubt about Tallman's right to use the
access easement. I just want to have all the bases covered before we go to
Planning Commission. Please let me know if there is anything else that looks
like a red flag to you. I would appreciate it if you could have an answer back to
me before the end of the month. If you want to meet to discuss this, please
contact me at extension 4455. Thanks for your help.
Gary Wayne, Assistant Planning Director
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
City of Carlsbad
Planning Department
September 15, 1999
Bob Ladwig
Ladwig Design Group
703 Palomar Airport Road, Ste. 300
Carlsbad, CA 92009
SUBJECT:CDP 99-09/HDP 99-1 8 - TALLMAN PROPERTY
Dear Mr. Ladwig:
Pursuant to the recently adopted Assembly Bill 3158, Chapter 1706, Statutes of
1990, it has been determined that your project is subject to filing fees of
$1,275.00 levied by the State Department of Fish and Game. This fee is payable
to the County on approval of your project. Please submit a check for the above
amount (payable to the City of Carlsbad) to the City of Carlsbad, Planning
Department, 2075 Las Palmas Drive, Carlsbad, California 92009-1576. Please
note the application will not be scheduled for a hearing until the fee has been
received by the Planning Department.
If you have any questions, please contact Barbara Kennedy at (760) 438-1161,
extension 4455.
Sincerely,
Barbara Kennedy, AICP
Associate Planner
BK:eh
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-0894
NOTE
ADDITIONAL FEES. STATE DEPARTMENT OF FISH & GAME
Cities and Counties throughout California has been notified of legislation (AB 3158,
Chapter 1706, Statutes of 1990) which became effective on January 1, 1991.
This law requires the State of California Department of Fish and Game to levy a fee
to all project applicants (public and private) subject to the California Environmental
Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife
trust resources.
Projects which are categorically exempt from CEQA and which have no adverse
impact on fish and wildlife or projects which are denied, are not subject to the fee.
All other projects are subject to the following fees:
Projects with Negative Declarations $1,275.
Projects with EIRs $875.
Due to State Law constraints the City of Carlsbad will collect the fee where
applicable and pass it to the County of San Diego.
After submission, the City of Carlsbad Planning Department will make an
Environmental Assessment of your application. After this initial assessment the
Planning Department will notify you if the fee is required.
State Department of Fish and Game
P.O. Box 944209
Sacramento CA 94244-2090
(916) 445-3531
Iciduiig Design Group, Inc.
September 14, 1999
David Rick
City of Carlsbad /
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Reference: CDP 99-18/HDP 99-09 TALLMAN PROPERTY
(LADWIG DESIGN GROUP, INC. - J/N L-1052 )
Dear David:
Enclosed are your check prints (Constraints Map- 1 sheet and Architectural Sheet C-l and A-8) along
with three sets of prints of the Constraints Map and sheet C-l. (There were no changes on Sheet
A-8).
The changes that I have made include:
• Showing access rights relinquished on Jefferson Street.
• Additional offer of dedication for the knuckle at the western end of Parcel A.
• Showing the installation of the dry sewer lateral.
• Showing on sheet C-l the 6' general utility easement reserved for Parcel A.
• Showing 4-to-l slopes with two transition areas back to 2 to 1 around the building pad.
• Showing the 10' strip of road easement to be dedicated and accepted by the City along Pio
Pico. The balance of the reservation to be rejected by the City.
These are all the items that you and I discussed and that have been included on your check prints.
I am also copying to Barbara Kennedy this letter along with three complete sets of the plans as she
has requested.
Please review everything and call if you have any questions.
Sincerely,
Ladwig Design Group, Inc.
Robert C. Ladwig
RCL:lb. 1052.010
Attachments
cc: Barbara Kennedy, Associate Engineer w/attachment
Jeff Tallman w/o attachment
703 Palomar flirport Road *• Suite 300 *• Carlsbad, California 92009
(760) 438-3182 FflX (760) 438-0173
From: Kelly Efimoff
To: Barbara Kennedy
Date: 9/1/99 7:51 AM
Subject: Re: Tallman Property
I talked to Bob Wojcik about the FIA, he stated that the FIA includes all underground utilities. So, we are
covered for sewer and water improvements there.
As far as sewering other properties in that general area, the plan is that those properties will sewer to Las
Flores (generally to the southwest.) Our desire would be to have the sewer constructed in the "future"
road alignment as the properties develop. Should a property like Dresselhouse insist on "developing", we
may be faced with conditioning them to acquire easements (if the road alignment is not hammered out by
then) and constructing pipeline as necessary to provide sewer service to their property. Or some
such
Thanks
Kelly
>» Barbara Kennedy 08/30/99 10:01 AM >»
Thanks for your comments. I faxed them to Bob Ladwig, the applicant's representative. I agree, the
sewer for the property is critical. Just so you know, Engineering is asking for a FIA for street
improvements along the existing easement road. Also, the Dresselhaus property to the west will
subdivide at some future point in time and will be required to put in the other half of the road. Will we need
to get a sewer and strom drain easement to Jefferson so that pumps are not required for future
subdivisions?
>» Kelly Efimoff 08/30/99 08:12AM >»
David had called Randy about comments on the subject property. Attache are CMWD comments sent to
you the end of April. I have not received any additional requests for information since then.
Please note that our last comment pertains to sewer and must be resolved by the Developer/Owner
before we can condition the project.
08/24/1999 03:51 6194357115 SPECIALTY GIFT SERVI PAGE 01
Date: August 24, 1999
To: Mr. Chris DeCerbo
From: Richard Swing
Re: 2335 Pio Pico Drive
Hi Chris:
I know you're extremely busy, so I thought I would fax over my questions(s) to save
some time. Saving some time is actually the reason I'm calling and faxing.
We are trying to buy a portion of Jeff Tallman's property on Plo Pico Drive, and have
been in escrow since March. The house we want to build is for ourselves. It is not for
spec, by the way. Jeff can't close the escrow because he needs a Coastal Permit to
establish the boundaries, among other things. As it was explained to me, the lot split is
the least complicated arid contested portion of Jeff's application. The latest story Is that
his hearing is going to be sometime in October.
I was told in the past that I could file my application before the close of escrow,
contingent upon the Tallrnan's receiving their permtt.This would be a huge time saver. It
would also simplify things at your end, because you would not have to duplicate your
efforts; Ours Is a very simple plan, and does not even require a grading permit.
So my questlpn(s) are: Is it possible to file our application now with that contingency? Or
could it be "piggy backed" to his application, and have the whole matter heard in
October? And, are there any other problems looming that would in any way prevent the
Tallman's from splitting this property into two parcels?
I would really appreciate resolving this as soon as possible, and your help would be
greatly appreciated. My phone and fax number is: (619) 435-7115.
Kindest regards,
Richard
Uicluiig Design Group, Inc.
August 20, 1999
David Rick
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Reference: CDP 99-18/HDP 99-09 TALLMAN PROPERTY
(LADWIG DESIGN GROUP, INC. - J/N L-1052 )
Dear David:
Per our discussion yesterday, enclosed is one print of the revised sheets C-l and A-8 along with the
constraints map. You had indicated that you would like to review the latest drawings before you
provide additional comments.
Barbara and I have discussed a couple of concerns that she had and I have made those revisions on
the attached sheets. Please look everything over and I will wait for your response and also let me
know how many additional copies you are going to want at the appropriate time.
Sincerely,
Ladwig Design Group, Inc.
Robert C. Ladwig
RCL:lb. 1052,009
Enclosure
cc: Barbara Kennedy, Associate Engineer w/enclosure
JeffTallman w/enclosure
703 Palomar flirport Road «• Suite 300 4 Carlsbad, California 92009
(760) 438-3182 FflX (760) 438-0173
Uiduiig Design Group, Inc.
August 12, 1999
David Rick • T_. - _, , , , JlCity of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009- 1576
Reference: CDP 99-18/HDP 99-09 TALLMAN PROPERTY DEPARTMENT
(LADWIG DESIGN GROUP, INC. - J/N L- 1 052 )
Dear David:
Thank you for your comment letter dated July 27, 1999 and the marked-up plan. We have gone
through and made all the changes that you have requested.
In reference to the pad elevation, we have lowered the pad from 107 to 105. At the very westerly
edge of the house, we are just slightly above a 3-foot fill over natural ground. The reason I did that
is, if we lower the pad an additional '/4-foot or 1/4-foot, we would not be able to drain the side yards
or the rear yard of the house starting at the northeast corner of the property. From the northeast
corner of the house southerly to the street just barely works with the pad elevation of 105. In
addition, the grading quantities have been reduced along with the need for additional import because
of the lowering of the pad 2 feet. Also, we have rechecked the sewer out in Pio Pico and we will not
be able to gravity into the existing sewer system. An onsite lift station will be required.
Please look over our changes and we look forward to moving this project on to the next level of the
approval process. If you have any questions, please give me a call.
Sincerely,
Ladwig Design Group, Inc.
Robert C. Ladwig
RCL:lb. 1052.008
Enclosure
cc: Robert Wojcik, P.E. Principal Civil Engineer
Barbara Kennedy, Associate Engineer
JefFTallman
703 Palomar Rirport Road 4 Suite 300 4 Carlsbad, California 92009
(760) 438-3182 FRX (760) 438-0173
City of Carlsbad
Public Works — Engineering
July 27, 1999
Ladwig Design Group, Inc.
Robert Ladwig
703 Palomar Airport Rd, Suite 300
Carlsbad, CA 92009
RE: CDP 99-18/HDP 99-09: Tallman Property
Dear Mr. Ladwig:
Engineering Department staff has completed its second review of the above-referenced project. Staff has
determined that issues of concern still exist with the proposed development plans. Engineering issues
which need to be resolved or adequately addressed prior to staff making a determination on the proposed
project are as follows:
1. Several corrections need to be made to the site plan regarding dedications and easements. Please
complete the following.
a) Remove "Future street dedication of 4.9 feet" note from the plans.
b) Remove the 4.9 foot easement boundary line between the western most property line and the
point of connection with the most northerly proposed street easement boundary line.
c) Change the "proposed street easement" note to "proposed street and utility easement". The
proposed easement shall be confined to the subject property and the abutting property to the
east since we will not require dedication of property for the remaining portion on the
Dresselhaus property at this time. Place leaders to reflect these boundary limitations.
d) The boundaries of the future road right-of-way shall be noted as "potential alignment of
future public street".
e) Show the "proposed utility easement" along the north side of Parcel "B" as noted under item
3 of the Engineering issues section of your letter dated June 9, 1999. Could the 6 foot wide
general utility easement shown on Parcel 7 of the Constraints map be the proposed easement
your referring too and it was just placed on the wrong parcel?
f) Indicate grade of proposed slope for the building pad.
g) Illustrate retaining wall as it is shown on the Constraints Map. Show location of the bottom
of the wall.
h) Show surface drainage patterns and any proposed energy dissipaters.
2. Please revise the cross section of Pio Pico Drive to show the existing condition. No improvements
exist on the west side of the street and the right-of-way width is currently at 40 feet, not 60 feet.
3. Is the pad being raised to obtain sewer gravity flow? According to your letter, it appears that that is
the purpose for the additional pad height, yet you indicated that at an elevation of 107 you doubt that
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 431-5769
gravity flow could be obtained. According to the City's "Standards for Design and Construction of
Public Works Improvements in the City of Carlsbad", the City Engineer has the discretion to approve
or deny fill heights over three feet on in-fill lots. The subject property is defined as an in-fill lot and
up to six feet of fill is proposed. To approve fills over three feet, the proposed plans must be
accompanied by a letter giving justification for the fill height. Justification may include the need to
sewer to a public street. If you can illustrate by plan that the amount of fill proposed will provide the
necessary elevation for sewer line gravity flow to the main line in Pio Pico Drive, then City staff
could support the proposed amount of fill. Otherwise, until justification is provided, staff cannot
support the proposed amount of fill.
4. The "issues response" letter dated June 9, 1999 indicates that a drainage analysis for parcel "A" was
submitted to the City. I never received the report and Barbara Kennedy does not recall receiving it
either. Please submit this report for our review.
Attached are red lined plans for reference. Please submit these red lined plans with your corrected set of
plans. If you have any questions, please contact me at extension (760) 438-1161 extension 4324.
Sincerely,
DAVID MCK
Assistant Engineer
Land Development Division
c: Robert J. Wojcik, P.E., Principle Civil Engineer
Barbara Kennedy, Associate Engineer
Carlsbad
Planning Department
July 8, 1999
Mr. Robert Ladwig
Ladwig Design Group
703 Palomar Airport Road
Carlsbad, CA 92009
SUBJECT: CDP 99-18/HDP 99-09 - TALLMAN PROPERTY
The items requested from you earlier to make your Hillside Development Permit and
Coastal Development Permit, application no. HDP 99-09/CDP 99-18 complete have been
received and reviewed by the Planning Department. It has been determined that the
application is now complete for processing. Although the initial processing of your
application may have already begun, the technical acceptance date is acknowledged by
the date of this communication.
Please note that although the application is now considered complete, there may be issues
that could be discovered during project review and/or environmental review. Any issues
should be resolved prior to scheduling the project for public hearing. In addition, the City
may request, in the course of processing the application, that you clarify, amplify, correct,
or otherwise, supplement the basic information required for the application.
Please contact your staff planner, Barbara Kennedy, at (760) 438-1161, extension 4325,
if you have any questions or wish to set up a meeting to discuss the application.
Sincerely,
>MICHAE1 J. HOL
Planning Director
ILLER
MJH:bk:eh
c: Gary Wayne
Chris DeCerbo, Team Leader
David Rick, Project Engineer
Bobbie Hoder
File Copy
Data Entry
Planning Aide
2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-0894
CITY OF CARLSBAD REQUEST FOR CONDITIONS
FINAL REVISED
DATE: "1 \*\ H'S PLANS INCLUDED
TO: ^/ENGINEERING DEPARTMENT
*FIRE DEPARTMENT - MIKE SMITH
* WATER DISTRICT
FROM: Planning Department
PROJECT TITLE: \{L\\m&/\ K-£^ tJGvi
APPLICANT: Ofrb
PROPOSAL: _£'
REQUEST FOR CONDITIONS ON APPLICATION NO. (LfH? *\*\~ (%/^ni3
NOTE: Please use this number on all correspondence.
Please submit written conditions to fa ACtL, Y\<\£>1 the Project Planner
in the Planning Department, 2075 Las Palmas Drive, by JM!MH
ived(If you have "No Conditions", please so state.) If not receive by the date indicated, it
will be assumed that you have no conditions and the proposal has your endorsement
as submitted. If yoju have^any questions, please contact the Project Planner at 438-
1161, extension 452-^ . Time Is of the essence, since the staff report
preparation has begun.
THANK YOU
COMMENTS: _
3/31/99
Uicluiig Design Group, Inc.
June 9, 1999
Barbara Kennedy
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-15 76
Reference: CDP 99-18/HDP 99-09 TALLMAN PROPERTY RE-SUBMITTAL
(LADWIG DESIGN GROUP, INC. - J/N L-1052 )
Dear Barbara:
In response to your letter of May 5,1999, we have made the additions to the incomplete list and also
addressed the issues of concern. The items that are specifically included in this letter and have been
amended are as follows:
1. The disclosure statement is now consistent with the Land Use Review Application as
requested. In addition, I am resubmitting the Coastal Development Permit Application Form,
the Hillside Development Permit Application Form, the Project Description, the Land Use
Review Application Form and a Revised Location Map. Because we have gone from four
parcels down to two parcels, all the above items need to be corrected.
2. We have shown on the slope profiles the proposed residence in its new location. It has been
moved away from the slope as suggested. We have also raised the pad elevation three feet
and have reflected that on all the exhibits. In addition, the wall along the easterly property
line has been eliminated and a new wall is being proposed along the open space line at the
north edge of the residence.
3. The height of the residence has been shown on all elevations from finish grade as suggested.
The above addresses the items to complete the application as requested in your letter. The following
discussion relates to the issue of concern for planning.
1. As suggested the residence has been moved southerly away from the top of the slope. We
moved it as far south as we could up against 20-foot front setback line as measured from the
new 4.9 foot dedication.
2. No grading is shown in the open-space area.
3. As pointed out above, we have eliminated the wall along the east property line and have
added a wall along the northerly edge of the house on the open space line.
703 Polomar Rirport Road + Suite 300 4 Carlsbad, California 92009
(760)438-3182 FflX (760) 438-0173
Barbara Kennedy
June 9, 1999
Page 2
4. The lot tabulation on a constraints map has been revised to show the proper areas for the
adjustment.
5. Page Cl of the site plan has been revised. We have moved the house back and eliminated
deck that was on the original submittal.
6. No additional comments.
Engineering
1. We have met with Bob Wojcik and have shown the suggested reservation for roadway
easement on all our exhibits. What is shown conforms with the discussions that we had with
Mr. Wojcik previously.
2. We also talked to Bob about this issue, and he has agreed that we would be able to sign future
street improvement agreements versus posting bonds or cash deposits.
3. We have raised the pad 3 feet to elevation 107. We doubt whether we can gravity into the
sewer and have proposed a utility easement along the northerly edge of parcel "B" in the side
yard setback area for the installation of a small force main to pump the sewage from the new
residence into Pio Pico.
4. We have attached the drainage analysis for parcel "A" as requested.
5. We are adding a vicinity map and cross-section of Pio Pico on the Site Map and have
corrected up the lettering of the parcels.
6. The walls have been changed as discussed above. Please see the changes on the attached site
plan. In addition, we have shown finish surface and top of wall elevations as requested.
Please look over the attached revised exhibits, and we look forward to meeting with you if you have
any questions.
Please process the attached information for Coastal Development Permit and Hillside Development
Permit for this project.
Sincerely,
Ladwig Design Group, Inc.
Robert C. Ladwig
RCL:lb. 1052.007
cc: Mr. JeffTallman
703 Palomar Rirport Road *• Suite 300 + Carlsbad, California 92009
(760) 438-31 82 FRX (760) 438-01 73
IM;r^^f
ffrifjificcrifif/, inc.
CIVIL GEOTECHNICAL. A QUALITY ENGINEERING
FOUNDATION DESIGN • LAND SURVEYING • SOIL TESTING
CONSTRUCTION MANAGEMENT t INSPECTION
18 MAY 1999
FILE: TALL-HYD
MR. JEFF TALLMAN
2946 State Street, Suite 6
Carlsbad, CA. 92008
Attention Mr. Bob Wojcik, Engineering City of Carlsbad
Subject: Drainage Study for the proposed Residence located at
2335 Pio Pico Drive, Carlsbad, CA. (APN: 156-350-09)
Gentlemen:
Pursuant to your request and the requirements of the City of
Carlsbad, we have completed our Hydrology Study for the subject
property. The proposed development consists of the grading for a
single family residence at the subject site. The supporting data
and calculations relative to this report are outlined in
Enclosures 1 & 2.
Based on our calculations, the following conclusions were
derived:
The runoff conditions for the watershed area for the
buildable area of the subject parcel was calculated for a 100 year
storm frequency and based on the County of San Diego Procedures
for Hydrologic Computations. Based on the recently flown
topographic map, the total Q (discharge) prior to development
(natural-0% impervious) was calculated to be 0.99 cfs for an area
of 0.40 acres. Using a 50% impervious area after development of
the residence the total Q was calculated to be 1.17 cfs.
Based on our calculations, the difference between the runoff,
Q-100, for prior and after development of the subject parcel is an
insignificant amount, ie: 0.18 cfs.
B & B Engineering, Inc. appreciates this opportunity to be of
service. Should you have any questions regarding this project,
please do not hesitate to contact us.
Sincerely,
rthur C. Beard RCE RGE
Chief Engineer
,&
1611-ASO.MELROSEDRIVE#285, VISTA, CA 92083 • 760-945-3150 • FAX: 760-945-4221
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Memorandum
TO: Planner, Barbara Kennedy
FROM: Engineering Technician, David Rick
DATE: May 7, 1999
CDP 99-18/HDP 99-09: Tallman Property
COMPLETENESS & ISSUES REVIEW
Engineering Department staff has completed a review of the above-referenced project for
application completeness. The application and plans submitted for this proposed project are
considered complete. Additionally, staff has conducted a review of the project for engineering
issues of concern. Engineering issues which need to be resolved or adequately addressed prior:
to staff making a determination on the proposed project are as follows:
1. Several properties within the vicinity of your project are either isolated from public street
access or dependent upon easements to access a public street (i.e. Pio Pico Drive).
The City needs to be assured that access is ultimately available to these properties and
that development within the vicinity does not preclude future access for these parcels.
Currently, we understand that the parcel abutting the south side of your property (apn:
156-351-05) provides access to Pio Pico Drive for parcels 156-351-02 (the Kelley
property), 156-351-04 (the Failings property), and 156-350-08 (the subject property with
proposed house described as parcel "A" on the constraints map). The location of this
access road is also the appropriate location for a future public road needed to secure
access to the properties without street frontage.
Where possible, the road needs to be aligned such that the centerline is situated at the
most equitable position for each property owner which will front the road. The future
road's right-of-way will need to be 60 feet wide in accordance with local street standards
per City Standard GS-1. Due to the zoning ordinance's minimum lot width requirement
of 60 feet for Parcel "D", we realize that the maximum amount of land that can be
dedicated for street right-of-way from Parcel "D" is 4.9 feet of the southerly most portion
of the property. This dedication establishes the beginning alignment for the new road.
All of apn 156-351-05 (lot currently used for access) and 38.3 feet of the northerly most
portion of parcel 156-351-06 (Dresselhaus) would make up the remaining right-of-way.
The alignment extending west of the Dresselhaus property is still undetermined.
Since the road may extend into the subject property, the property owner of the subject
lot will need to offer 30 feet of street public right-of-way (half street). This dedication will
be 0 feet wide beginning on the south property line near the toe of the newly created
slope for the building pad and widen to 30 feet at the west end of Parcel 156-350-08.
The transition from 0 feet to 30 feet shall be established by a 200 foot radius curve. The
4.9 foot dedication extending to Pio Pico Drive will still be required and shall remain as
shown. Please show the 30 foot offer of dedication on the plans.
2. This project will be conditioned to post improvement bonds or cash deposit and associated
agreements for half street improvements extending from Pio Pico Drive to the western
boundary of Parcel 156-350-08.
3. The flow line elevation of the sewer main under Pio Pico Drive is at 106 feet. The pad
elevation proposed on Parcel 156-130-08 is 104 feet which will not provide flow to the main
without a sewer pump. Is a sewer pump proposed? Please show location of sewer line.
4. Submit a drainage analysis for parcel "A". At minimum, the analysis must include pre and
post developed quantities of drainage and existing and proposed drainage
patterns/facilities. Mitigation for increases in off-site quantity and/or intensity flow shall be
provided and shown on the site plan.
5. Provide vicinity map and cross section of Pio Pico Drive on the site map. Also, there are
two parcel "A's" on the constraints map. Please distinguish.
7. The site plan states that a 5 foot high block wall is proposed but the constraints map states
that the wall is 4 feet high. Please clarify. Also, provide finish surface and top of wall
elevations at a minimum of three locations.
If you or the applicant have any questions, please either see or contact me at extension 4324.
DAVID RICK
Engineering Technician
Land Development Division
City of Carlsbad
Planning Department
May 5, 1999
Mr. Robert Ladwig
Ladwig Design Group, Inc
703 Palomar Airport Road, #300
Carlsbad , CA 92009
SUBJECT: CDP 99-18/HDP 99-09 - TALLMAN PROPERTY
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Coastal Development Permit and Hillside Development
Permit, application no. CDP 99-18/HDP 99-09, as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is
information which must be submitted to complete your application. This list of items must
be submitted directly to your staff planner by appointment. All list items must be
submitted simultaneously and a copy of this list must be included with your submittals. No
processing of your application can occur until the application is determined to be complete.
The second list is issues of concern to staff. When all required materials are submitted the
City has 30 days to make a determination of completeness. If the application is
determined to be complete, processing for a decision on the application will be initiated. In
addition, please note that you have six months from the date the application was initially
filed, April 7, 1999, to either resubmit the application or submit the required information.
Failure to resubmit the application or to submit the materials necessary to determine your
application complete shall be deemed to constitute withdrawal of the application. If an
application is withdrawn or deemed withdrawn, a new application must be submitted.
Please contact your staff planner, Barbara Kennedy, at (760) 438-1161, extension 4325, if
you have any questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEb^/HOLi
Planning Director
MJH:BK:mh
ILLER
Gary Wayne
Chris DeCerbo, Team Leader
David Rick, Project Engineer
Bobbie Hoder
File Copy
Data Entry
Planning Aide
2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No. CDP 99-18/HDP 99-09
Planning:
1. Please complete the Disclosure Statement so that it corresponds with the owner and
applicant identified in the Land Use Review Application.
2. Please show the proposed residence on the slope profile B-B.
3. Please show the height of the residence as measured from finished grade. Also show
the existing grade on the building elevation plans.
Engineering:
None.
ISSUES OF CONCERN
Planning:
1. The proposed residence is inconsistent with the Hilltop Architectural Guidelines. In
order for the proposal to be consistent with the hillside guidelines, the project should be
designed to avoid large rigid vertical facades facing downhill slopes. The building
should be stepped away from the dominant slope face and overhanging decks should be
avoided. The site design could be modified to move the house further from the slope
by eliminating the circular driveway and observing a standard 20 foot front setback
from the edge of the easement. This would allow an outdoor living area (in lieu of the
deck) to be located on grade behind the residence.
2. No grading will be permitted within the open space area. Please revise the plans
accordingly.
3. The retaining wall located at the rear of parcel "D" is shown as 4 foot high on the
constraints map and 5 foot high on the site plan. Please clarify and show the top and
bottom elevations of the wall. Also, please be aware that the maximum fence height
(combined freestanding and retaining) is 6 feet within the side and rear setback areas
and is 42 inches maximum within the front setback area.
4. The lot tabulation on the constraints map should be revised to show "Before
Adjustment" lot sizes for Parcels B and C.
5. Please revise the Site Plan on Page C-1 as follows: a)show a 10 foot side setback; b)
the maximum fence height adjacent to the driveway approach shall not exceed 42
inches; c) please identify the rectangular structure shown in the open space area; and
d) the deck may not encroach into the open space area.
6. The undevelopable open space lot shall be placed in an open space easement as a
condition of approval.
Engineering:
1. Several properties within the vicinity of your project are either isolated from public
street access or dependent upon easements to access a public street (i.e. Pio Pico
Drive). The City needs to be assured that access is ultimately available to these
properties and that development within the vicinity does not preclude future access
for these parcels.
Currently, we understand that the parcel abutting the south side of your property
(apn: 156-351-05) provides access to Pio Pico Drive for parcels 156-351-02 (the
Kelley property), 156-351-04 (the Failings property), and 156-350-08 (the subject
property with proposed house described as parcel "A" on the constraints map). The
location of this access road is also the appropriate location for a future public road
needed to secure access to the properties without street frontage.
Where possible, the road needs to be aligned such that the centerline is situated at
the most equitable position for each property owner which will front the road. The
future road's right-of-way will need to be 60 feet wide in accordance with local
street standards per City Standard GS-1. Due to the zoning ordinance's minimum
lot width requirement of 60 feet for Parcel "D", we realize that the maximum
amount of land that can be dedicated for street right-of-way from Parcel "D" is 4.9
feet of the southerly most portion of the property. This dedication establishes the
beginning alignment for the new road. All of apn 156-351-05 (lot currently used for
access) and 38.3 feet of the northerly most portion of parcel 156-351-06
(Dresselhaus) would make up the remaining right-of-way. The alignment extending
west of the Dresselhaus property is still undetermined.
Since the road may extend into the subject property, the property owner of the
subject lot will need to offer 30 feet of street public right-of-way (half street). This
dedication will be 0 feet wide beginning on the south property line near the toe of
the newly created slope for the building pad and widen to 30 feet at the west end
of Parcel 156-350-08. The transition from 0 feet to 30 feet shall be established by
a 200 foot radius curve. The 4.9 foot dedication extending to Pio Pico Drive will
still be required and shall remain as shown. Please show the 30 foot offer of
dedication on the plans.
2. This project will be conditioned to post improvement bonds or cash deposit and
associated agreements for half street improvements extending from Pio Pico Drive to
the western boundary of Parcel 156-350-08.
3. The flow line elevation of the sewer main under Pio Pico Drive is at 106 feet. The pad
elevation proposed on Parcel 156-130-08 is 104 feet which will not provide flow to the
main without a sewer pump. Is a sewer pump proposed? Please show location of
sewer line.
4. Submit a drainage analysis for parcel "A". At minimum, the analysis must include pre
and post developed quantities of drainage and existing and proposed drainage
patterns/facilities. Mitigation for increases in off-site quantity and/or intensity flow shall
be provided and shown on the site plan.
5. Provide vicinity map and cross section of Pio Pico Drive on the site map. Also, there
are two parcel "A's" on the constraints map. Please distinguish.
7. The site plan states that a 5 foot high block wall is proposed but the constraints map
states that the wall is 4 feet high. Please clarify. Also, provide finish surface and top
of wall elevations at a minimum of three locations.
Barbara Kennedy - Re: Tallman Reside^j ^fc Page 1
From: Mike Smith
To: Barbara Kennedy
Date: 4/27/99 2:32PM
Subject: Re: Tallman Residence
Hi Barbara:
As I recall the resident will have control of the property for some distance all the way around the structure.
In these cases we don't apply the landscape requirements. They are more appropriate for tracts, call
me if you have questions. 2125
>» Barbara Kennedy 04/27/99 02:28PM >»
I received your "no comments" for the Tallman Residence (CDP 99-18/HDP 99-09). Just wanted to verify
that there are no fire supression issues since this house is on a steep slope adjacent to an open space
area. Will you require a setback from the top of slope or is it not considered to be in Zonel? Please
confirm.
Thanks.
BK
Val Dinsmore - CDP 99-18 HDP 99-09 fajijnan
From:
To:
Date:
Subject:
Mike Smith
Val Dinsmore
4/23/99 4:10PM
CDP 99-18 HDP 99-09 Tallman
No Requirements or issues
Feb-OX -
American Home Loans
teadiag Senlw* wroM America to better *«rv« VOUI
. One DEBT FREE Olenf or ff lime" - Jeff Tollman
- Fax Cover Sheet -
Date: 2/1/99 Page*: ^J"(w/oover) c/o Karen
To: Chrte DeCerbo, Frank Jim«no, Bob WojcJk, Bartitra Kettnetfy, M«w 9hir«y
Fax Phono; 74KM384S94 Vole*; 700-439-1191
From: Jeff TaHman Vole*: 7«0.720-9434 Fax: 7«0>72»-7S80
Subject: Boundary Adjustment #530
Last Wednesday, Bob Ladwlg was taken to the emergency room with a suspected neart attack. He spent
the weekend fn Tri City Hospital for observation and is doing fine. He'e had many tests and it was NOT a
heart BttacK and turns out to be hwillhy as a horse.
I am confirming the reschedule of last weeks meeting. Chris DeCerbo scheduled It for Tuesday, Fob 2nd
1 999 ® 1 1 am. Please find attached modifications of the plat map to better comply with planning Issues.
Item 1 ) Revised plat map leaving Lot* 4 & 5 as tney are, <re preexisting substandard igt» with 9
adjustment to the common boundary line to balance the wkrtf\ of both lots to 45.92 feet. That
would leave the entire Open Space to the rear area of what I* noted as Parcel A. That woufd
net 3.256 ao. with the building pad ottf of th« Open Space Designated area on the upper odd,
Item 2) Copy of the letter from Skip Santy of First American Title addressing the Irrevocable easement
rights I own to the private drive noted in my tWe insurance pcflcy as D-1 and to be Further
noted as A-1 . This will confirm viable and legal access to Wie new boudnary adjustment plat
Parcel A, Note that It revocks the accew from that drive to Parcel D as Parcel D will have
access from Pio Pico, That easement is fully Insured on my title Insurance policy and
dependable in a court of law, It can not be lost unless the owner of Parcel A releases it back
to the grantor.
Item 3) I have spoken to Mike Shlrey regarding his request to note future dedication of 4.90 feet of the
south property tines to Parcels A & D for future dedicated public road along the Dreasellhaus
property and Into the properties to the west. That certainly makes sense but KaNey and Failing
own that driveway as a legal accessor* parcet so how woufd that impact any reasonable
development of d public street In the near future? in any event, I win gladly make note of lhat
In any of the submissions you would see fit.
We took forward to our scheduled meeting tomorrow, Tuesday, February 2nd 1999 @ f 1*m
Committed to Excellence,
Jeff Tollman
Your ptnontl Cotch In ROT/ Estate Hrwnclng & How to Ltw Debt Five
Voice; 760/720-9434 Fax: 760/729-7580 Toil Ffee; 80W9?v~9424 E M«fl: NoDebt»USA®«oLCOm
Slate Stnwrt, Ste "Q", Cariebad. CA 92008 "In the H06ft of the Village"
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET SAN Off CO, CALIFORNIA 92101
(619)231-4636
JANUARY 27, 1999
VIA FACSIMILE (760) 431-5769
BOB WOJCIK & CHRIS DECERBO
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-1576
RE: TALLMAN BOUNDARY ADJUSTMENT - PORTION OF TRACT 7 OF LACUNA MESA,
MAP NO. 1719; ASSESSOR'S PARCEL NO/S 156-350-04, 05, 08 AND 09
GENTLEMEN:
THIS IS TO CONFIRM THAT THE "EASEMENT FOR ROAD AND UTILITY PURPOSES"
BEING DESIGNATED AS ("A-1") ON THE ATTACHED ADJUSTMENT PLAT, IS
CURRENTLY AN APPURTENANT EASEMENT, AND WILL BE INSURED AS AN
APPURTENANT EASEMENT FOR THE BENEFIT OF PARCEL "A", AS SHOWN ON THE
ATTACHED PLAT, BY FIRST AMERICAN TITLE.
IT IS THE INTENT OF THE OWNER, AS PER THE STATEMENT ON THE MAP, TO
RELINQUISH EASEMENT RIGHTS IN PARCEL "A-1" ONLY AS TO PARCEL D AS SHOWN
ON THE ENCLOSED MAP.
THE ABOVE WOULD ALSO APPLY SHOULD THE BOUNDARY CONFIGURATION FOR
PARCEL "A" CHANGE, PURSUANT TO REQUIREMENT OF THE CITY OF CARLSBAD.
SINCERELY,
SKIP SANTY
ASSISTANT VICE PRESIDENT
CHIEF TITLE OFFICER
CC: MR. JEFF TALLMAN (VIA FACSIMILE) (760) 729-7580
NOTE: TOTAL NUMBER OF PAGES: 2
7.0/m q«w,-i Tim NtfDT>nwtf 15HIJ t>89t>T£Z&T9 ES:80 &6&I/Z.Z/T0
PARCEL "B
1.376 AC
10' UTILITY
EASEMENT (*B-1
TPOff PARCELV
fWfCEL'C"
PARCEL 'A
2.448 AC
N89'55'45''E
PARCEL D
O.236 AC
158.5r362.05- N89-55'45'E
TPOB PARCEL
N89'58'00~E
-TPOB PARCEL 'Am
EASEMENT FOR ROAD AND UTILITY PURPOSES - APN f 56-351-OS
NOTE:THIS EASEMENT IS TO PROVIDE FOR UTILITIES AND ACCESS
FOR 1 5/7? FOR PARCEL A. PARCEL D HEREBY RELINQUISHES
TJTLE AND ACCESS FROM THIS EASEMENT.
CURVE DATA
' R'400.00'
R=4OO.OO*
L-197.8Q' R-43O.OO'
B & B ENGINEERING
167 J-A SOL UELROSE DR. j®. 5
VISTA. CA. 92083
(760) 94S-31SQ
OWNER/APPLICANTCs)
JEFFREY C. TALLMAN
PAMELA TALLMAN
2946 STATE ST. SUITE 6
CARLSBAD ZIP 92O08
PHONE NO. (760} 72O-9434
L**72T.16f R-77Q.Otf
LEGAL DESCRIPTION
THAT PORWN OF TRACT 7 OF LACUNA MESA
TRACT, ACCORDING TO HAP THEREOF NO. 1719.
FILED IN THE OFFICE OF THE COUNTY RECORDER
ON JUNE 20. 1921. - APN 156-35O-4>5,a,9
ADJUSTMENT PLAT - CITY OF CARLSBAD
PREPARED BY:
DENNIS P BEARD
B & B ENGINEEERING
LS. 6140 DATE
APPROVED BY:
LLOYD B. HUBBS
CfTY ENGINEER
?EG. 23889 EXP,12/31/O
EXHIBIT "B"
SHEET/ of 1
ADJ538
A.P.N.
156-350-04
156-350-05
fSS-JSO-09
156-350-09
20/Z0 3~ini