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HomeMy WebLinkAboutCT 89-26; SPYGLASS; Tentative Map (CT)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. (For Dept. Use Only) Use Only) D Master Plan ............... Specific Plan ............. Precise Development Plan... nX Tentative Tract Map........ Planned Development Permit Non-Residential Planned Development Permit........ LI Condominium Permit......... LI Special Use Permit......... LI Redevelopment Permit....... Tentative Parcel Map....... Administrative Variance.... LI General Plan Amendment ...... ._________ F-1 Site Development Plan .......I _________ Zone Change................. Conditional Use Permit...... LI Hillside Development Permit. LI Environmental Impact Assessment................ LI Variance.................... Planned Industrial Permit... LI Coastal Development Permit.. LI Planning Commission Deter... 71 2) LOCATION OF PROJECT: ON THE East 1 SIDE OFI El Camino Real I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Elm Avenue AND I Appian Road (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:I A portion of Lot "J", Rancho Aqua Hedionda, in the City of Carlsbad, according to Partition Map No 4) ASSESSOR PARCEL NO(S),I 167-090-68 5) LOCAL FACILITIESI 2 6) EXISTING GENERALI RLM0-4 J 7) PROPOSED GENERALIRLM MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONING RA-10 I) PROPOSED ZONING RA-10 :::] GROSS SITEI 10.4 ACREAGE 11) PROPOSED NUMBER OFI_17 112) PROPOSED NUMBERI 19 113) TYPE OF Residential RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS( —0-- COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL N/A I 16) PROPOSED COMMERCIAL I N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE \ ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L 65% 1 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 17 TRAFFIC f 1 170 ADT 20) PROJECT NAME: I Spyglass 21)BRIEF DESCRIPTION OF PROJECT: 1 17 single family lots with a minimum of 10,000 sq. ft. per lot and 2 open space lots totaling 3.6 acres. 22) OWNER 23) APPLICANT NAME Horace and Dolphine Felkins NAME The March Group MAILING ADDRESS MAILING ADDRESS P.O. Box 431 2979 State Street, Ste. "C" CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Oceanside, CA 92054 619-757--5150 Carlsbad, CA 92008 619-729-112 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. SIGNAT RE ' DATE INFORMATION IS TRUE AND THE BEST OF MY KNOWLEDGE. CORRECT TO SIGNATURE ,f .DATE qf / FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED '04046 2i -51 / DATE STAMP APPLICATION RECEIVED RECEIVED BY: CEP 49c4rE./j TOTAL FEE REQUIREDI ,' . DATE FEE PAID //? j RECEIPT NO. l?7G/ J corddoCA-q2cj35 ARFM0008.DH 4/ S S. DISCLOSURE FORM APPLICANT: The March Group - Name (Individual, partnership 1 joint venture, corpóiiiion, syndication) 2979 State Street, Suite C, Carlsbad, CA 92008 Business Address 619-729-1121 Telephone Number AGENT: MEMBERS: i CEP Associated Name 8265-A Vickers Street, San Diego, CA 92111 Business Address 619-292-1353 Telephone Number Name (Individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to Inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure Is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT BY IS, 9;~AW Agent, Owner, Partner POOR QUALITY ORIGIN -AL (S) FC.' EFO, TELELIpIER TOlD 4-1?-;O il:i2t11 CEPA - 24069;# 2 AFR-17-1 90 1017 tDC. TEL N0:E197 02 1t867 P2 5EHT BYIA ; 4-15--90 :31 ZSPt1 4 ty-' 018MOSV89 ITAT9MINT I .. -,---- .. - -.--._,J.., - .. •"----,-. .----r-. . .- -. APP,JOAN18 $TATaMENI OF DULOSUAIS OF CERTAIN OWN6110HIP NTERRT$ ON A. APPUQATIQN9 wiiii wru. F49OVIRE DISCAMNARYACTION ON THE PMT OF ThK QITY OQUNLI OR ANY APP OINT90 [00ARD, cMM5QNQOOMMtrEEU. . .-. (PIeiu P:(r1) The following information must be diedoud List th* narnse find ed&.CS.s at all persons hevkig a flna.no*t Interest In the epplicatlon -- .r -ii - -- !. OBOX 1663 .jJ'*Ii• J-__._. CARLS BAJ ~, _0WW_M 1 11 -ft 21 Uet tha namu 4110 sdrHeet of all pereons having any ownership ln1.rst In the property Involved. HORACE AjD DOLPHINS F4UN . rmi- P . 0,4 BOX 431, (619) 7575150 — __.._....JaM. 2 if any person Id.ntlflad puautnt 1* (1) or (2) above is a corpor*Uon or p*rtnlr*hip, list the nsmes and sdcirossai of all Individusti o"Itp more then 10% of %hO shares In the cvpotsVon or owning any perinership frtQFQ*t In the p tAn ershIp. 1478 - LW,T OCEANSID 4 CA92054 PRU IDENT ..-i..._ r._ 41 If any person Idsntlflsd pursuant to (1) or (2) sbovo is a tinprofli ora*flhzetlOn or * Irust, 31.1 the remsi srd of any parlan iuMrçp u olflcar or director of the nonproftt org.nlz.Uon or as trustee or bnsflcIary at thit trust. II _..-r_.-_I_SJVr - ____- -IUiir _1._t_-. _-II_. -,- _-, ___t._, ., . -. I"— -- _.-.-_• .-.. --- - FC ' :EF0.s TELECOPIER TOlD ; 4-1T--0 11: 13iri ; CEPI 24O& 44 3 AFR-l?-'SO 10:18 JD:r\ TEL NO:51974 ff86? P03 .i4T BY1I 2469-CEPc Cseosur. &tMemnt Pig. 2 Have you had more then $210 worth bf bv,ln,ss transscied with any member 01 City etcH, oaicta, CømrntuIon, Qomrnitteas and CouncU within the past twelve months? Yes NO j. if Y$#j pleu* hidkAto psrson(a), I .. PL..L - .rr -- -- ---. -- '__•_.-_c. - -- Ii d.flned as: 'Any Wk1us1 Imi, abpht1n.rthp loint VIMura usOIe80 $cioIeJ ckb, fratirnai tzation, OWMANK 0041 4 tr1 iet, WOW, syndtoate, this md any Cth*r county, oky and county, city mu*lPglhy. cnetria or other polilkial subcRyIson, twiny otkw group oe comb4naj1n acilng U a Wl Asoh adcilfloniI page:, cs noceisary.) Signature of wnr/dat. / HORACE FELKI.NS .. Print or typa name of owner ia atetowL if OOLPHINE FELKINS Prin t or name owner & 'C __ ~ -1 710 (?,,6 A`A MARCH GROUP, INC. PrInt or type flame at appU**n RICHARD B. THERRIEN, PRESIDENT II 0 0 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Si urd Date '10401r) 1A 9A~~ Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 0 CITY OF CARLSBAD 0 APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS r 1lowing materials shall be submitted for each application. 1. Eight copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8k x 11" size. Fifteen copies of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. General Information: LI A. Name and address of owner whose property is proposed to be - subdivided and the name and address of the subdivider; Li B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the - maps; LL C. North point; LZ D. Scale; vicinity map; L.L E. Date of preparation; LI F. Classification of lots as to intended residential, commercial, - industrial or other uses; LI G. Tentative Map number in upper right hand corner (City to - provide number at time of application.) LI H. Number of units to be constructed when a condominium or - community apartment project is involved; LI I. Name of sewer and water district providing service to the - project. J. Average Daily Traffic generated by the project broken down by separate uses. II. Site Information: A. General LI 1) Approximate location of existing and proposed buildings - and permanent structures; LZ 2) Location of all major vegetation, showing size and type; LZ 3) Location of railroads; LI 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve - data); Li 5) Lot lines and Approximate dimensions and number of each lot; - B. Streets and Utilities LI 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) ARFRM0003A. OH 7/89 II I . LI 2) Name, location and width of existing adjacent streets - and alleys. LI 3) Typical street section for all adjacent streets and - streets within the project. L..L 4) Width and location of all existing or proposed public - or private easements; U 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and mediom and high use driveways. LI 7) Clearly show parking stall and isle dimensions and truck - turning radii for all parking areas. LI 8) Show access points to adjacent undeveloped lands. LI 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent - to the project. 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage LI 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and - those to be saved; LL 2) Earthwork volumes: cut, fill, import and export. LI 3) Spot elevations at the corners of each pad. Li 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less - than standard frontage. LI 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any - proposed detention/retention basins. LI 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. L 2. One (1) copy of 8 1/2" x 11" site plan. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). 4. Environmental Impact Assessment Form (Separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for - 5. your application. Public Facility Agreement: Two (2) copies: One (1) notarized - original and one (1) reproduced copy. 6. Disclosure Statement. (Not required for tentative parcel maps.) ARFRM0003A.DH 7/89 0 0 @7 . 7. Property Owner's List and Address Labels A typewritten list of names and addresses of all property owners and occupants within the specified radius from the subject property as follows: Within a 600 foot radius for all tentative tract maps. Within a 600 foot radius for all tentative parcel maps with concurrent site development plan applicati-ons. Within a 300 foot radius for all other tentative parcel map, condominium permit or planned development permit applications. In addition for all condominium conversion projects, include a list of names and addresses for all tenants. For all project applications, include on the list the name and address of the applicant and/or owners. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two separate sets (three for tentative parcel maps with concurrent site development plan applications) of mailing labels for all property owners, tenants, applicant and/or owner as required above. For any address other than single family residences the apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. L7 8 . 600 Foot Radius MaD (300 foot for tentative parcel maps without associated site development plans applications) A map to scale not less than 1" = 200' showing each lot within 600 feet (300 feet) of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. - 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. 4J'10. Two (2) copies of the Preliminary Title Report (current within the - last six (6) months). —7Tfl Proof of availability of sewer if located in the Leucadia County Water District or the San Marcos Water District. za-Z, A letter from the appropriate water district indicating that compliance with the Growth Management Performance Standard will be - maintained with the proposed development. /J 13. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. ARFRM0003A.DH 7/89 VM-14 v14. Statement of agreement to waive tentative tract map time limits. L Required for tentative maps only when project requires concurrent - processing of planning application, or environmental review. 15. Constraints Map (24" x 3511) folded to 8 1/2" x 11" shall include the following information: (Note: This information is not required for previously graded sites and the conversion of existing - structures.) LL 1. Major ridge lines LI 2. Distant views L_L 3. Internal views LL 4. Riparian woodlands /7 5. Intermittent drainage course L..L 6. 25 - 40% slopes L_L 7. Slopes 40% and above LL 8. Major rock outcroppings LI 9. Easements tI 10. Floodplains LI 11. Archaeological sites LI 12. Special planning areas L_.L 13. Biological Habitats. ,1)ñ -_-LtiT For projects with an average greater than 500 vehicles per daily traffic (ADT) generation rate day: f7 Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by an appropriate < registered Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan. The following should be included with the study: 1. a) 8 1/2" x 11" or 8 112" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates c) Necessary calculations and or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain - the public facility standards. 17. Two copies of preliminary soils/geologic report for all project with - cut or fill depths exceeding 5 feet. Z 18. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. LL 19. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric - system to separate systems have been submitted and are acceptable. LL 20. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required). ARFRM0003A.DH 7/89 107A LL 21. For all condominium and planned development projects eight (8) copies of preliminary landscape plan (four (4) copies for projects with four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project. - Each landscape plan shall include the following information: L.L a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. LZ b. Typical plant species and their size for each planting zone. LI C. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for - all areas. LL e. Percent of site used for landscaping. LI 22. For all condominium and planned development projects, eight (8) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 112" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval. Each building - elevation and floor plan shall include the following information: LL a. Floor plans with square footage included. LI b. Location and size of storage areas. LL C. All buildings, structures, walls and/or fences, signs and exterior lights. ARFRM0003A.DII 7/89 • I b• i j - FILE NAME AND NO: LOCAL FACILflY MANAGEMENT ZONE: 2 GENEPAL PLAN: RLM ZONING: R-A-10 DEVELOPER'S NAME: The March Group ADc1ES: 2979 State Street, Suite C, Carlsbad, CA 92008 HtE .: 619-729-1121 AssEssoRvS PARCEL NO 167-090-68 CUANITY OF LAND USE/EVELOR4F2'1T (AC., SQ. Fe., W):17 DU's on 10.4 acres ESTIMATED Xt4PLEttOU DATE: Unavailable A. city Administrative Facilities; Demand in Square Footage = 63.0105 B. Library; Demand in Square. Footage = 33.626 C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Parks; Demand in Acreage = .126021 E. Drainage; Demand in CFS = ______ Identify u tify Drainage Basin ena Vista Creek (Identify master plan facilities on site plan) F. circulation; rnanci in Acreage = 170 ADT (Identify Trip Distribution on site plan) G. Fire; Served by Fire Station No. = #1 or #3 H. Open Space; Acreage Provided - 5.2 (50%) I. Schools; (Demands to be determined by staff) J. Sewer; Demand in Exus 3740 Identify Sub Basin - Vista-Carlsbad (Identify think line(s) impacted on site plan) Interceptor K. Water; tnanc1 in (3 - 13,600 0_ LOCAL FACILITIES IMPACTS ASSESSMENT A. CITY ADMINISTRATIVE FACILITIES 3.7065 SQ. FT. X 17 DU'S = 63.0105 SQ. FT. B. LIBRARY 1.976 SQ. FT. X 17 DU'S = 33.826 SQ. FT. C. WASTE WATER TREATMENT CAPACITY SEWER PLANT CAPACITY IS ADEQUATE FOR AT LEAST FIVE YEAR PERIOD D. PARKS .007413 ACRES X 17 DU'S = .126021 ACRES E. DRAINAGE THE PROJECT IS LOCATED WITHIN THE BUENA VISTA CREEK DRAINAGE BASIN. RUNOFF IS PROPOSED TO EMPTY INTO EXISTING 24" RCP STORM DRAINS LOCATED IN EL CAMINO REAL. F. CIRCULATION ADT'S FOR PROJECT = 170 (10 X 17 DU'S) SEE ATTACHED TRAFFIC LOCATION MAP. G. FIRE RESPONSE TIME FROM EITHER STATION #1 OR #3 TO THE PROJECT AREA IS FIVE (5) MINUTES. H. OPEN SPACE THE PROJECT IS PROPOSING 3.6 ACRES BE PUT INTO AN OPEN SPACE EASEMENT AND 1.6 ACRES BE IMPROVED LANDSCAPED AREAS. THIS REPRESENTS 50% OF THE TOTAL 10.4 ACRES. I. SCHOOLS SEE ATTACHED LETTER FROM SCHOOL DISTRICT. J. SEWER COLLECTION SYSTEM CITY OF CARLSBAD SEWER SERVICE DISTRICT. A PORTION OF SECTIONS B-i AND B-2 IN THE VISTA-CARLSBAD INTERCEPTOR. EDU'S = 3,740 K. WATER DISTRIBUTION SYSTEM SEE ATTACHED LETTER'FROM COSTA REAL MUNICIPAL WATER DISTRICT WATER DEMAND FOR PROJECT = 13,600 GPD 0 . CEIVED SPYGLASS S E P 2 2' 1989 Project Description and Justification OF CARLSBAD The Spyglass project is located at the southeast corner of El Ca 9?EQth&' DIV. Elm Avenue and consists of 10.4 acres of rolling hills and previously graded slopes. Access to the site is proposed at the intersection of Avenida de Anita and Elm Avenue to the north and the extension of Appian Road to the south. The project will require the processing of a Tentative Map and a Hillside Development Permit due to slopes in excess of 15%. A waiver to Section 21.95.060 (b) of the City's grading ordinance is also being requested to allow slopes over 30' in height. An environmental assessment of the site will also be submitted. The project, as proposed, is consistent with the City's current General Plan, Zoning Ordinance, and Grading Ordinance. The project is proposed to consist of seventeen (17) residential lots ranging in size from the minimum of 10,000 square feet to 23,200 square feet and two (2) open space lots totaling 3.6 acres. The single family units which have been designed to meet Title 24 requirements for energy conservation as well as the City's conditions for hillside and hilltop architecture range in size from 2,355 square feet to 3,116 square feet. The City's requirements for development on land with slopes greater than 15% (Section 91.95.040) states that all slopes 40% or greater and at least 50% of slopes between 25-40% not be counted in determining density calculations. Based on this, the developable area for this site becomes 6.0 acres with a density of 2.8 du/ac. This is in the allowable range of 0-4 du/ac. for the RLM designation of the General Plan. The site has been extensively disturbed by past grading activities associated with the City's construction of El Camino Real and Elm Avenue. Additional grading in the amount of approximately 112,000 cubic yards of balanced cut and fill will be required for project implementation. The existing elevations at Appian Road and at the intersection of Elm and Avenida de Anita dictate the internal alignment and the grading necessary to accommodate the project. Appian Road will be extended to connect with Elm Avenue as a 60' R/W. Access to units up above Elm will be from a 56' R/W cul-de-sac that will intersect with Appian Road internally. Our plan proposes to regrade the existing slope along Elm Avenue in order to accommodate the extension of Appian Road and provide adequate building pads. Contour grading in areas that are noticeable to the public have been rounded and undulate in a similar pattern to the surrounding hillsides. In areas where sight distance is a concern, slopes have been pulled back to provide a flat area in an effort to minimize any obstruction to motorists. Screening of CEP ASSOCIATED • 8265-A Vickers Street • San Diego, California 92111 S Telephone (619) 292-1353 FAX: (619) 278-8013 Oceanside (619) 433-3742 • Rancho California (714) 676-1853 US A. . 0 these slopes will occur by landscaping with both native and ornamental species that are deep rooted for erosion control, have drought tolerant and fire retardant qualities, and are considered low maintenance. We respectfully request your favorable consideration on this project. ref: 73900 CEP ASSOCIATED • 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 292-1353 FAX: (619) 278-8013 Oceanside (619) 433-3142 • Rancho California (714) 676-1853 0 CHICAGO TITLE COMPANY IS 1301 Third Ave. San Diego, California 92101 (619)232-4031 RECEIVED AUB 2 4 19S Fax: (619)235-7279 Preliminary Subdivision Report OrderNo. 902561 -51 Fee: $500.00 Dated: August 22, 1989 at 7:30 A.M. Subdivision: SPYGLASS Map No: MAP 823 For the benefit of the County of San Diego , any City within which the subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, Impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received on February 6, 1989 , by Chicago Title Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest In said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth In Schedule A. This report Is furnished as an accommodation, for the sole purpose of preliminary planning and facilitating the compliance with requirements necessary for the Issuance of a Subdivision Guarantee. It Is understood that the Company's liability Is solely that expressed In such Guarantee, and that no liabilIty separate from or other than the Company's liability under said Guarantee Is assumed by this Report, except that if no Guarantee is Issued under this Order the amount paid for this Report shall be the maximum liability of the Company. CHICAGO TITLE By Go FSIJBFACE - 11/09/83 3 Order No:902561 -51 Dated:February 6, 10 Subdivision: SPYGLASS Map No: MAP 823 at7:30 A.M. W SCHEDULE A The map hereinbefore referred to is a proposed subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: HORACE FELKINS JR. and DOLPHINE FELKINS, husband and wife, as joint tenants Exceptions: 1. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Senate Bill No. 813 (1983) of the State of California. 2. The rights of the public in and to that portion of the herein described property lying within El Camino Real and Elm Avenue. 3. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey where required for the construction and maintenance of said public highway as contained in the deed recorded September 2, 1966 as File No. 143634, Official Records. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: COUNTY OF SAN DIEGO PSUBDWA- 11/09/88 - 0 Order No: 902561 - 51. EXCEPTIONS: Purpose: Drainage structures Recorded: September 2, 1966 as File No. 143634, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 5. An Irrevocable Offer to Dedicate Real Property recorded May 29, 1973 as File No. 73-144263, Official Records, wherein a portion of said land was offered for dedication to public use for highway purposes. Affects: The route thereof affects a portion of said land and is more fully described in said document. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: THE CITY OF CARLSBAD Purpose: Public drainage purposes Recorded: August 19, 1976 as File No. 76-269155, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the above described right of way where required for the construction and maintenance thereof. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Purpose: Public utilities, ingress and egress Recorded: May 25, 1977 as File No. 77-109722, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use, by the owners of said land, of the easement area as provided in the document referred to above. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: THE CITY OF CARLSBAD Purpose: Slope and slope maintenance Recorded: August 25, 1987 as File No. 87-482007, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. END OF SCHEDULE A SUBDIVE -. 2/15/88 01( Order No: 902561 - 51 EXCEPTIONS: tj SLJBDIV - 12/15/88 • Policy No. 902561 - - 51 S Page 1 DESCRIPTION That certain portion of Lot "J", RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof, No. 823 on file in the office of the County Recorder of said County, and described in Deed to Wayne Willard Connor, recorded June 21, 1957 as Document No. 92974 in Book 6632, page 183 of Official Records of said County, described as follows: BEGINNING at the most Easterly corner of said Connor's land; thence along the Southeasterly line thereof, South 35 0 51' 13' West (Record South 34 0 00' West) 961.42 feet to a point in the Easterly Right-of--Way line of that certain San Diego County Road, as shown on Map of Road Survey No. 1800-65, on file in the office of the County Surveyor of said County; thence along said Right-of-Way line as follows: North 14 0 01' 47" West 355.38 feet; North 11 0 15' 00" West 751.73 feet to the beginning of a tangent 35 foot radius curve, concave Easterly; Northerly along the arc of said curve, 36.12 feet through a central angle of 59 0 07' 48" and leaving the arc of said curve, North 11 0 07' 07" West 11.59 feet to a point in the Northerly line of said Connor's land; thence along said Northerly line North 69 0 51' 13' East (Record North 68° 00' East) 217.01 feet to the most Northerly corner of said land; thence along the Northeasterly line thereof, South 54 0 00' 47" East (Record South 56 0 00' East) 720.00 feet to the Point of Beginning. EXCEPTING THEREFROM that portion granted to the City of Carlsbad in that certin Deed filed in the office of the County Recorder of said San Diego County, August 25, 1987 as File No. 87-482007 of Official Records. 6)~ r RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: I CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 167-090-68 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into us 12th day of June 11 19 89 by and between TheMarchGroup (Name of Developer) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 2979StateStreet,SuiteC (Street) Carlsbad, CA 92008 (City, State, Zip Code) and Horace and Doiphine Felkins (Name of Legal Owner) a5 joint tenants , hereinafter referred to as (Individual, Corporation, etc.) "Owner" whose address is P.O. Box 431 (Street) Oceanside, CA 92054 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 7-28-87 S S RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A"; attached to and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: a 17 unit single family subdivision on 10.4 acres on said Property, which development carries the proposed name of Spyglass and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 21st day of August 1989 , with the City a request for a Hillside Development Permit and a Tentative Tract Mao hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element Is on file with the City Clerk and Is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and Incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2-- REV 7-28-87 0 0 WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as It is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and therefore, Developer and Owner propose to help satisfy the General Plan as Implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the convenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and- shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used In this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. -3- REV 7-28-87 .: S Developer and Owner shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other Construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offer to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement Is paid. Li. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. -4- REV 7-28-87 roil V I 49; 0 5. City agrees to provide upon request reasonable assurances to • enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be- in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. -5- REV 7-28-87 OS-1 0 S RPORATE ACKNOWLEDGMENT CAL- 24 ...... . ... . I••• • e ......... . ... . . ••. .... .. . . . .. .... . . . . . . ... ....... . . . .. . ._. ._. ._. ._. ._. •. i. .. .. .r. .. .. ;. 01 State of California ) On this the 12th day of June l9_!., before me, SS . . LisaG.Velden : County of San Diego ) the undersigned Notary Public, personally appeared : RichardB.Therrien Vpersonally known to me Fq- CLSL D proved to me on the basis of satisfactory evidence LISA G VELOEM NOTARY PUBLICCALIFORNI A to be the person(s) who executed the within instrument as SAN DIEGO COUNTY I President! Secretary or on behalf of the corporation therein MY CON". EXP- MAY 26 1991 named, and acknowledged to me that the corporation executed it. ,_-WITNESS my hand and official seal. S ota p.. •t•.••••.•.•••••.•e••...•... ......................... S S S S .5.. ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF SHARP ON this day personally appeared before me a Notary Public within and for the County and State aforesaid, duly commissioned and acting, Horace Felkins, Jr. and Doiphine Felkins, husband and wife, to me well known as the persons in the foregoing instrument and stated that they had executed the same for the purposes mentioned therein. , 1989. WITNESS my hand and official seal da June MY COMMISSION EXPI:j Notary Public Sb'p Co . 0 At such time as Owner ceases to have any interest In the Property, all obligations of Owner hereunder shalt terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Ho'e1kins, Jr. tur - _ (Signature) DEVELOPER: The March Group Pt4 BY Ujj &Pvk TITLE Pj"Cb BY AAkJU & )AAAA TITLE ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California BY MARTIN ORENYAK For City Manager 4 (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-97 01 O S EXHIBIT SAII LEGAL DESCRIPTION THAT CERTAIN PORTION OF LOT "J", RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF, NO. 823 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND DESCRIBED IN DEED TO WAYNE WILLARD CONNOR, RECORDED JUNE 21, 1957 AS DOCUMENT NO. 92974 IN BOOK 6632, PAGE 183 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID CONNOR 1 S LAND; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF, SOUTH 35°51'13 WEST (RECORD SOUTH 34°00'WEST) 961.42 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN SAN DIEGO COUNTY ROAD, AS SHOWN ON MAP OF ROAD SURVEY NO. 1800-65, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE ALONG SAID RIGHT-OF-WAY LINE AS FOLLOWS: NORTH 14 001'47" WEST 355.38 FEET; NORTH 1101500T! WEST 751.73 FEET TO THE BEGINNING OF A TANGENT 35 FOOT RADIUS CURVE, CONCAVE EASTERLY; NORTHERLY ALONG THE ARC OF SAID CURVE, 36.12 FEET THROUGH A CENTRAL ANGLE OF 59°07'48" AND LEAVING THE ARC OF SAID CURVE, NORTH 11 °07'07 WEST 11.59 FEET TO A POINT IN. THE NORTHERLY LINE OF SAID CONNORS LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 69051!13Tt EAST (RECORD NORTH 68°OOTEAST) 217.01 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND; THENCE ALONG THE NORTHEASTERLY LINE THEREOF, SOUTH 54 0 00'47" EAST (RECORD SOUTH 56°OO'EAST) 720.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD IN THAT CERTAIN DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 25, 1987 AS FILE NO. 87-482007 OF OFFICIAL RECORDS. ud) . . CITY OF CARLSBAD 1200 ELM L ENUE CARLSBAD, CALIFO IA 92008 438-5621 REC'D FROM_it ((/ I 11 DATE O /i//!t/T) ACCOUNT NO. DESCRIPTION AMOUNT C((' /(co1 _____ '1 9445 0a/30/B 0001 0L 01 9445 08'0/85 00.011 01 05 RECEIPT NO. 97361 TOTAL S S PLEASE NOTE: . Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period dt/o,fJhe completion letter. Applicant Signatur Staff Signature: Date: • To be stapled with receipt to application Copy for file 0 0 March 17, 1992 CERTIFIED - RETURN RECEIPT REQUESTED CITY OF CARLSBAD 2075 La's Palmas Drive Carlsbad, CA 92009-4859 ATTN: City Engineer SUBJECT: Request for Extension, CT-89-26, Spyglass Dear Sir: It is respectfully requested that an extension of three (3) years for the above-referred tentative map be granted. This reasonable request is based upon the following: 1. This project was initially presented by the March Group and approved for them. 2. The March Group could not obtain timely financing to continue the project and had to abandon its plans to the property owner. 3. This request is presented by the owner of the land who is attempting to locate a party who can bring this project to completion. 4. In view of the significant costs of the project already expended (approximately $150,000), this request appears justified. 5. It is recognized that due to a downturn in our economy and the unfavorable lending practices at this time, this request has substantial merit. 6. Because the owner has no intention of developing the property himself and no potential developer is presently being considered, this request is for a three year extension. 7. The owner (applicant) would agree to comply with any reasonable conditions, rules or regulations put into effect by the Council or Planning Commission during the interim three year period and would not oppose same. RECEIVED 18 1992 CITY OF CARLSBAD ZNGINCERIIJUG DEPARTMENT IL 0 0 Page 2 CITY OF CARLSBAD March 17, 1992 Enclosed is my check for $525.00, which I understand is the application fee required to accompany this request for extension. Your favorable consideration is requested. Yours very truly, Horace H. Felkins, Jr. Owner P. 0. Box 431 Oceanside, CA 92049 cc: Marty Orenyak Director, Community Development r- VV V ____ CITY OF CARLSBAD 1200 CARLSBJ1 LLAGE DRIVE CARLSBAD, JFORNIA 92008 438-5621 PATE ACCOUNT NO. DESCRIPTION AMOUNT V 9 V ca 6866 03/19/92, 0001 01 02 V V V V C-PRMT 5500 /OA1c V V RECEIPT NO 11.569 TOTAL - :i V VVV 1. U POOR QUALITY ORIGIN.-AL (S) Civil Engineering - Planning 0 0 TRANSMITTAL FORM A 01 it TO: CITY OF CARLSBAD DATE: JUNE 14; 1989 2075 LAS PALMAS DR. CARLSBAD, CA 92009 PAGE 2 OF 2 ATTENTION: PLANNING DEPARTMENT JOB NUMBER: 73900 SUBJECT TENTATIVE MAP AND HILLSIDE DEVELOPMENT SUBMITTAL WE ARE TRANSMITTING: HILLSIDE DEVELOPMENT PERMIT -APPLICATION FOR HILLSIDE PERMIT -4 COPIES OF SLOPE ANALYSIS (CONSTRAINTS MAP) -4 COPIES OF SLOPE PROFILES -4 COPIES EACH OF TENTATIVE MAP BUILDING PLANS AND ELEVATIONS CONCEPTUAL SLOPE PLANTING EXHIBIT -DISCLOSURE STATEMENT -PRELIMINARY TITLE REPORT LOCAL FACILITIES IMPACT ASSESSMENT -8 1/2 X 11 SITE PLAN -SCHOOL DISTRICT LETTER -FACILITIES IMPACT FORM -TOTAL FEES CHECK # ItX'I I Respectfully, CEP ASSOCIATED DAVID KAHLER PLANNING DEPARTMENT CEP ASSOCIATED • 8265•A Vickers Street • San Diego, California 92111 • Telephone (619) 2924353 FAX (619) 278-8013 Oceanside (619) 433-3742 • Rancho California (714) 676-1853