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Home My WebLink AboutCUP 291; Hale Bed & Breakfast Inn; Conditional Use Permit (CUP)LAND US^PLAIMNING AWPLICATION DISCRETIONARY PCTlOtiS REQUEST QZone Change • General Plan Amendment • Tentative Tract Map • Major Planned Unit Development • Master Plan • Major Redevelc^jment Pennit • Minor Redevelc^jraent Permit • Precise Development Plan (check other boxes if appropriate) •Specific Plan ^^ite Development Plan •Conditional Use Pennit •Variance •Planning Commission Detennination •Special Use Permit •Structure Relocation •Major Condcaninium Pennit •Coastal Pennit (Portion of Redevelopment Area Only) Conplete Description of Project (attadi additional sheets i£ necessary) ANP I PVK MMJA^f^ Legal Description (complete) THE ^onme^rmLy /^,oo FT. /pf^ -m^ t^xmimsrmL^ /-TO.on fr^WACT Assessors Parcel Number Zone A-3 General Plan Existing Land Use /S'ZJ P.(J. /MBA Proposed Zone Proposed General Plan Site Acreage '/3 A^0: Owner j^licant Name (Print or Type) Mailing Address Name (Print or Type) Mailinq Address ' _ . Mailing Address •-, ^ City and State Zip Telephone .City and State ^. lip Telephone CERTIFY IHAT I AM THE lixSAL OWNER AND THAT ALL THE ABOVE INFORMATICN IS TE?UE AND CORRECT TO THE BEST OF MY KNOWLEDGE I CERTIFY IHAT I AM IHE OWNER'S REPRESENTATIVE AND THAT ALL IHE ABOVE INFORMATION IS TRUE AND CORRECT 10 IHE BEST CF MY KNCWLEDGE. SIG^C^jRE ^iRE . DATE Dat« Application Rec'd bate Applicatioii li«c'4 V /. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change Tl Application Form 2. General Requirement Items F-O 3. Reproducible . 1 :500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan TI Application Form 2. General Requirement Items: - twenty-two (22) copies of items B-D - items E-R 3. Fee: Master Plan $1,635.00 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Trfict- Map " " 1i Application Form 2. General Requirement Items twenty-two (22) copies of item A items E-R 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310.00 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: twenty-two (22) copies of items B-D items E-R 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. DISCLOSURE FORM APPLICANT AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) Business Address TelejAione Number Business Address Tele NairfevJindividual, partner, joint venture>s^rporation, syndication) Hone Address Business Address^ Telefiione Number Name Telefiione Number Hcxne Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) The applicant is required to apply for Coastal Commission Approval if located in the CoastcJ. Sone. lAfe 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. BY Agent, Owner, Partner APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is; a general and/or lim.ited partner or member of the joint \renture. - '. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. ^ CITY OF CARLSBAD 1200 ELM IPENUE CARLSBAD, CALIFOmiA 92008 438-5621 REC'D FROM. DATE. ACCOUNT NO. DESCRIPTION AMOUNT 1 W <^ vJ 1 1 [ .'^^ \ % ^'^ V-':?' ^l\ ] NJ Al / j // .. ... , rt^y j [ RECEIPT NO. 55358 TOTAL "'-"yennnTiyt TITLE INSURANCE POLICY POLICY OF TITLE INSURANCE STANDARD COVERAGE, 1973 Issued through the office of: 3f * FounoERS TITLE companv SAN DiEGO COUNTY 1843 HOTEL CIRCLE SOUTH SUITE 100 SAN DIEGO, CA 92108 (619) 296-8300 .llltllltlJ»iii1W.ri.n.; jiTLE INSURANCE (JOMPANY OF [y|iNNESOTA Home Office: 400 - 2nd Ave. So., Minneapolis, Minn. 55401 1 i I i I (b) . The Company will pay, in addition to any loss insured against by this poUcy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litiga- tion or otherwise, removes such defect, lien or encumbrance or establishes the title, or the hen of the insured mortgage, as insured, within a reason- able time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8. REDUCTION OF INSURANCE; TERMIN- ATION OF LIABILITY AU payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount ofthe insurance pro tanto; provided, however, if the owner of the indebted- ness secured by the insured mortgage is an insured hereunder, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these Conditions and Stipulations, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2(a) hereof. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this pohcy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Com- pany shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this poUcy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SET- TLEMENT Whenever the Company shall have paid or settled a claim under this pohcy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal Uability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any coUateral security for the indebtedness, provided such act occurs prior to receipt of such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the insured mortgage. The Conipany shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any per!!on or property in respect to such claim had this policy not been issued, and the Company is hereby authorized and empowered to sue, com- promise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Company. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said pay- ment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall nol void this pohcy, but the Company, in that event, shall as to such insured claimant be required to pay orjy that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or auth- orized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES. WHERE SENT Ail notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at the office which issued this policy or to it5 Home Office, Minneapolis, Minnesota. 13. THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. mm CLTA STANDARD COVERAGE - 1973 SCHEDULE A POLICY NO.: AY 553509 ORDER NO. : 72507-6 Amount of Insurance: $175,000.00 Date Of Policy: September 13, 1985 at 8:00 A.M. Charge: $593.60 1. NAME OF INSURED: ROBERT L. HALE AND CELESTE HALE 2. The Estate or Interest referred to herein is at Date of Policy, Vested in: ROBERT L. HALE AND CELESTE HALE, husband and wife, as joint tenants 3. The Estate or Interest in the land described herein and which is covered by this Policy is: A FEE 4. The land referred to in this Policy is situated in the County of San Diego, State of California, and is described as follows: SEE ATTACHED DESCRIPTION DESCRIPTION The Northeasterly 60.00 feet of the Southwesterly 120.00 feet of Tract 219 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No, 1681, filed in the office of the County Recorder of San Diego County, December 9, 1915. EXCEPTING therefrom that portion lying Northwest of a line that is parallel with and distant 100.00 feet at a right angles Southeasterly from the Northwesterly line of said Tract 219. •STANOARO XCVERAGE 1973 SCHEDULE B HIS'POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE. NOR AGAINST COSTS. ATTORNEr'S FEES OR '"'EXPENSES. ANr OR ALL OF WHICH ARISE BY REASON OF THE FOLLOWING; PART I 1 TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECOflOS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS. OR NOTICES OF SUCH PROCEEDINGS. WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS. RIGHTS. INTEREST OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LANO OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS. LIENS OR ENCUMBRANCES. OR CLAIMS THEREOF. WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES. CONFLICTS IN BOUNDARY LINES. SHORTAGE IN AREA. ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD OISCLOSE. ANO WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS: AUTHORIZING THE ISSUANCE THEREOF: (C) (B) RESERVATIONS QR EXCEPTIONS IN PATENTS OR IN ACTS WATER RIGHTS. CLAIMS OR TITLE TO WATER. 6. ANY RIGHTS. TITLE, INTEREST. ESTATE OR EASEMENT IN LAND BEYOND THE LINES OF THE AREA SPECIFICALLY DESCRIBED OR REFERRED TO IN SCHEDULE A. OR IN ABUTTING STREETS. ROAOS. AVENUES. ALLEYS. LANES, WAYS OR WATER-WAYS. BUT NOTHING IN THIS PARAGRAPH SHALL MODIFY OR LIMIT "THE EXTENT TO WHICH THE ORDINARY RIGHT OF AN ABUTTING OWNER FOR ACCESS TO A PHYSICALLY OPEN STREET OR HIGHWAY IS INSURED 8Y THIS POLICY. 7. ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATIONS (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING ORDINANCES) RESTRICTING OR REGULATING OR PROHIBITING THE OCCUPANCY, USE OR ENJOYMENT OF THE LANO. OR REGULATING THE CHARACTER. DIMENSIONS OR LOCATION OF ANY [MPROVEMENT NOW OR HEREAFTER ERECTED OM THE LAND. OR PROHIBITING SEPARATION IN OWNERS OR A REDUCTION IN THE DIMENSIONS OR AREA OF THE LAND, OR THE EFFECT OF ANY VIOLATION OF ANY SUCH LAW. ORDINANCE OR GOVERNMENTAL REGULATION. a. RIGHTS OF EMINENT DOMAIN OR GOVERNMENTAL RIGHTS OF POLICY POWER UNLESS NOTICE OF THE EXERCISE OF SUCH RIGHTS APPEARS IN THE PUBLIC RECORDS. 9. DEFECTS. LIENS, ENCUMBRANCES. ADVERSE CLAIMS. OR OTHER MATTERS (A) CREATED. SUFFERED. ASSUMED OR AGREED TO BY THE INSURED CLAIMANT: (8) NOT SHOWN BY THE PUBLIC RECORDS ANO NOT OTHERWISE EXCLUDED FROM COVERAGE BUT KNOWN TO THE INSURED CLAIMANT EITHER AT DATE OF POLICY OR AT THE OATE SUCH CLAIMANT ACQUIRED AN ESTATE OR INTEREST INSURED BY THIS POLICY OR ACQUIRED THE INSURED MORTGAGE ANO NOT DISCLOSED IN WRITING BY THE INSURED CLAIMANT TO THE COMPANY PRIOR TO THE DATE SUCH INSURED CLAIMANT BECAME AN INSURED HEREUNDER: (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT: (0) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAO BEEN A PURCHASER OR ENCUMBRANCES FOR VALUE WITHOUT KNOWLEDGE. .CLTA STANDARD COVERAGE - 1973 SCHEDULE B PART II 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1985-1986 which is a lien not yet payable. 2. The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. 3. The recital contained on the map of said land to allow the cross- arms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 4. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: Beneficiary; Recorded: File No.: $140,000.00 September 3, 1985 ROBERT L. HALE AND husband and wife SERRANO RECONVEYANCE California corporation HOME SAVINGS OF AMERICA, corporation September 13, 1985 85-336408 of Official Records CELESTE HALE, COMPANY, a F.A., a INDORSEMENT INSURANCE ^OMRANY OF MINNESOTA a Corporation, of Minneapolis, Minnesota 1, This Indorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a one-to- four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorse- ment the term "residential structure" is defined as the principal dwelling structure located on said land together with all improvements thereon related to residential use of the property except plantings of any nature, perimeter fences and perimeter walls, and the term "insured owner" is defmed as any insured named in paragraph 3 of Schedule A and, subject to any rights or defenses the Company may have had under said Policy and all indorsements, such insured's heirs, distributees, devisees, survivors, personal representatives or next of kin. 2. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the foUowing matters: (1) lack of a right of access from said land to a public street; (2) any statutory lien for labor or materials attaching to said estate or interest arising out of any work of improvement on said land, in progress or completed at the date of the policy, except those liens arising out of a work of improve- ment for which the insured has agreed to be responsible. b. the removal of the residential structure or the interference with the use thereof for ordinary residential purposes as the result of a final Court Order or Judgment, based upon the existence at the Date of the Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Part n of Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub-lease, or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential structure; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. c. damage to the residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. liTLE [NSURANCE ^OMPANY OF MINNESOTA %/ ^*t^ \> Countersigned: By" ATTEST: VaiicmTng Officer Secretary CLTA FORM 126.1 (e-5-7s) ** V-"^"*"-^"^-^C INFLATION PROTECTION INDORSEMENT li-TLE INSURANCE QOMPANY OF MINNESOTA a Corporation, of Minneapolis, Minnesota The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Nothwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. liTLE INSURANCE QOMPANY OF MINNESOTA Counte^^ied: By -a^^- ATTEST: Secretary Validating Officer A. T S. S. F. R P.. ^:H,NGTCM TCT 222 p/--t? 1 TCT 22; fi PAR 2 0 ^^0 C 50 i C 0 FOR TC m T 219 , LINCOLN »3 'A GA,q~iCLD © ST U • a 02 AC TCT 2 24 :CT 220 TCT 2 25 (T) 0 7 S AC. Tr . -f " -- : TCT 22 1 0" 0 ©" .'^ rf « JTV, ID ST TCT 214 TCT © 215 ^ © © © TCT © 215 ^ © (vi\ t ' © z rCT 216 © 0 .,.,.,r,<i.C.,.. © "CT ZI7 t--D 2 (~ IA U u 20-4-L3 Vs 'rOb' i; -;•' • .•-V-..- r "V..-.iia" thirplat ls"b«ll.c»eJ'' 1 to be cor.-tct, the coxoar.y ;-iE5i.i:.es r.o llEfclllcy for ary. I'lCis ocKijrlr j bv reason oJ 'rellar.ce t-.€reon" f./AP C9-^-^-CAP_S = -i-D TCT NO 83-25 (CONDM) r-',iA? IC'^S"^ - CA.=,L,£5AD TCT NO, 61-25- 'WAP 1531 - THUM LANDS I ROS 393 3 I ! CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured"; the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate oi fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Com- pany would have had against the successor's transferor), and further includes (ii) any govern- mental agency or instrumentality which is an insurer or guarantor imder an insurance contract or guaranty insuring or guaranteeing said indebt- edness, or any part thereof, whether named as an insured herein or not, and (iii) the parties desig- nated in paragraph 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (c) "knowledge": actual knowledge, not con- structive knowledge or notice whicli may be imputed to an insured by reason of any public records. (f) "land": the land described, specincally or by reference in Schedule A. and improvements affixed theielo which by law constitute rea! propeity; provided, however, the term "land" does nol include any area excluded bv Paragraph No. 6 of Pan 1 of Schedule li of this Policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (a) CONTINUATION OF INSURANCE AF- TER ACQUISITION OF TITLE BY INSURED LENDER 11 this polic) insures the owner of the indebted- ness secured by the insured mortgage, this policy shall continue in force as of Datc of Policy in favor of such insured who acquLes all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other _legal manner which dis- charges the lien of the Insured mortgage, and if such insured is a corporation, its transferee of the eslate or interest so acquired, provided the trans- feree is the parent or wholly owned subsidiary of such insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a conttact of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company may be obligated to pay, shall not exceed the least of: (i) (he amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness plus interest thereon, as detemiined under paragraph 6(a)(iii) hereof, expenses of fore- closure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in acquisi- tion of such estate or interest in satisfaction of its insurance contract or guaranty. (bl CONTINUATION OF INSURANCE AF- TER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or ccnvev- ance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF AC- TIONS - NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for Ihe defense of an insured in litigation to the extent that such litigation involves an alleged defect, lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which Is adverse to the title to the eslate or interest or the lien of the insured mortgage, as insured, and which might cause lo.ss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not bc given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) Tlie Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured; and the Company may take any appro- priate action, whether or not it shall be Uable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid (I) in any such action or proceeding in effecting settlement, securing evidence, obtain- ing witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest ot the lien of the insured mortgage, as insured, including but not limited to executing conective or other documents. 4. PROOF OR LOSS OR DAMAGE - LIMITA- TION OF ACTION In addition to the notices required under Paragraph 3(b) of these Conditions and Stipula- tions, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage, and, when appropriate, state the basis of calculating the amount cf such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. f ailure to furnish such proof of loss or damage shall terminate any liability of the Company under Ihis policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company here- under by paying or tendering payment of the amount of insurance under this policy together wilh any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebtedness for the amount owing thereon to- gether with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebted- ness as herein provided, the owner of such in- debtedness shall transfer and assign said indebted- ness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon suchjjffer being made by the Company, all hability and obligations of the Company hereunder to the owner of the indebted- ness secured by said insured mortgage, other than the obligation to purchase said indebtedness pur- suant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount oflnsurance stated in Schedule A, or, if applicable, the amount of insurance as defined in paragraph 2(a) hereof; or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- ness, plus interest thereon, provided such amount shall not include any additional principal indebted- ness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insure^nm^^^^^^^g^^m^^j POLICY OF TITLE INSURANCE STANDARD COVERAGE, 1973 jiTLE INSURANCE (JOMPANY OF [yjiNNEsoTA a Stock Company of Minneapolis, Minnesota SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE COMPANY OF MINNESOTA, a corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or ciaim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. ITLE NSURANCE Coui By ATTEST: Validating Officei 3- I I AY 553509 FOUNDERS TITLE COMPANY 1843 HOTEL CIRCLE SOUTH, SUITE 100 SAN DIEGO, CALIFORNIA 92108 (619)296-8300 PRELIMINARY REPORT Shearson Ainerican Express Escrow 2725 Jefferson St. #2B Carlsbac], California Attention: Lynn Your Ref: Our No.: 9-7021 72507-6 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FOUNDERS TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELO\/ OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF .THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITL't: INSURANCE, A BINDER OR COMMITIMENT SHOULD BE REQUESTED. DATED AS OF: July 31, 1985 at 7:30 A. M. FOUNDERS TITLE COMPANY BY: TITLE OFFICER ffTEVE TOM IY AMA c3m J 'i SCHEDULE "A" ORDER NO. 72507-6 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: A California Land Title Association Stan(3ard Coverage Policy - 1973, Owner's Policy. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN; DANIEL A. ESPINOZA, A SINGLE MAN THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION DESCRIPTION The Northeasterly 60.00 feet of the Southwesterly 120.00 feet of Tract 219 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County, December 9, 1915. EXCEPTING therefrom that portion lying Northwest of a line that is parallel with and distant 100.00 feet at a right angles Southeasterly from the Northwesterly line of said Tract 219. Order No. 72507-6 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1985-1986 which is a lien not yet payable. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1984-1985. First Installment: PAID Second Installment: DELINQUENT 3. The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. 4. The recital contained on the map of said land to allow the cross-arms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 5. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $88,000.00 Dated: June 19, 1984 Trustor: Daniel A. Espinoza, a single man Trustee: Serrano Reconveyance Company, a California Corporation Beneficiary: Home Savings of America, F.A. Recorded: July 5, 1984 File No.: 84-252175 of Official Records 6. Matters of record which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to determine the existence of such matters has not been made because no Statement of Identity has been received from: Hale SCHEDULE B CONTINUED: TAX INFORMATION: Fiscal Year: Code Area: Parcel No.: Land: Improvements: First Installment: Second Installment; 1984-1985 9000 204-132-20 $17,059.00 $28,269.00 $255.54 PAID $255.54 PAID TAX INFORMATION; Fiscal Year: Code Area: Parcel No.: Land: Improvements: First Installment: Second Installment: Penalty: 1984-1985 9000 849-004-73-94 $72,941.00 $-8,269.00 $326.60 PAID $326.60 DELINQUENT $42.66 SCHEDULE I CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in ja^es or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascer- tained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (includ- ing but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or here- after erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date — unless they appeared in the public records, that result in no loss to you that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Off FOUNDERS TITLE COMPANY 1843 HOTEL CIRCLE SOUTH, SUITE 100 SAN'DIEGO, CALIFORNIA 92108 (619)296-8300 PRELIMINARY REPORT Spring Mountain Escrow 2725 Jefferson 2B Carlsbacj, Cal. Attention: Lynn Your Ref: 9-7021 Our No. : 72507-6 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FOUNDERS TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE ' AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF: August 26 1986 at 7:30 A. M, FOUNDERS TITLE COMPANY J BY: TITLE OFFICER KENT SCHMEECKLE kd SCHEDULE "A" ORDER NO. 72507-6 T^ FORM OF^POl\ICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: A j^aliformia Ladd ^itle Ass^iation StajudefB Coverage Pol/icy - 19"^3, 0wr>6r*s PoXicy. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN; ROBERT L. HALE and CELESTE HALE husband and wife as joint tenants. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION DESCRIPTION The Northeasterly 60.00 feet of the Southwesterly 120.00 feet of Tract 219 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County, December 9, 1915. EXCEPTING therefrom that portion lying Northwest of a line that is parallel with and distant 100.00 feet at a right angles Southeasterly from the Northwesterly line of said Tract 219. Order No. 723iP-6 SCHEDULE B AT 'THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1986-1987 ' which is a lien not yet payable. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1985-1986 First Installment: PAID Second Installment: DELINQUENT o The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. 4. The recital contained on the map of said land to allow the cross-arms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $140,000.00 Dated: September 3, 1985 Trustor: Robert L. Hale and Celeste Hale, li : husband and wife Trustee: Serrano Reconveyance Company Beneficiary: Home Savings of America, F.A. Recorded: September 13, 1985 File No- 85-336408 of Official Records. DESCRIPTION The Northeasterly 60.00 feet of the Southwesterly 120.00 feet of Tract 219 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County, December 9, 1915. EXCEPTING therefrom that portion lying Northwest of a line that is parallel with and distant 100.00 feet at a right angles Southeasterly from the Northwesterly line of said Tract 219. 204-13 ' r=ioo' e A. T. S.F. R. R. I B.E. PAR 4 - 804 - 37- ac SAN OIEGO COUNTY ASSESSORS MAP BOOK 204 PAGE,. 13 MAPPED FOR ASSES WASHINGTON ^ao TCT 222 1.05/^C (26 CCONDM PENDJ OCEAN PINE DOC84-388I80 i V10944 300.0.4 PAR I PM 425 TCT 2 23 /•Po PAR. 2 0. 57AC. © M 10944^^3 I (27 ^34^'33W 3O0.O-7 \ U 10437 (CONDM PEND^' \LINPINE DOC 82-237956 24^ 0.60 AC /so. o.* n o so © POR , TCT ; ;^ 218 CO IS) POR TC A/ 3/1-33 '^. /OO & T 219 •5 LINCOLN LJ z Q. ^oo TCT 214 0,84AC. ^ GARFIELD SMENT PURPOSES ONLY 12 ^£3 5 <f3|> -5 3-f33 ST 2.02AC TCT 224 TCT 220 To o _ ST.WID TCT. 225 (S^ 0.78 AC. I ,© TCT 22 © © ST so TCT © 5 ^ 215 s. © © so TCT © 5 ^ 215 s. © © /Oo © /Oo D z So /y 3ii'33'y^'. 5 ^t. ti ^t.^t ^ TCT 216 ; TCT »; > ©^ t © ^ ©. NU /"oc. Oy: ©^ t © ©. © HEST © © tt. ta © © © © HEST V • a. O lit tt so ST e CH.ANGES BLK OLD NEW YR CUT /3i an/ /• A //•/t. ) /6 '.^/; < •S4 /OOo? /32 c ^^ SAMS' 84 5126 I3Z OCT. f/tfiotry. /li-ZC /oooj 3 SAI-I s f Wl o 3S /^Z ZS' 27 SS 7Z /32 2C '. 5ii-iC4 iru/Ui 85 ^745 P'Vjhile' this" plat i» beltevea'' be correct, Xhe company • , • assumes, no liability.for any • loss occuring by reason of r reliance thereon" . . : I SYCAMO'RE 1 AVE. MAP 10944-CARLSBAD TCT rMAP 10437 - CARLSBAD TCT MAP 1681-THUM LANDS R O S. 3938 r NO 83-26 (Ci:)NDM) NO. 81-25- RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue Carlsbad, California 92008 Space above tnis line for Recorder's use Documentary transfer tax: $21.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT QF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis >| day of MAT 19&(^ by and between • Rober-t L. Hale And Celeste Hale (name of developer-owner) ' a individuals t^Oc^ hereinafter referred to as (Corporation, partnership, etc.) 5051 Gaviota Ave., "Developer" whose address is (street) Encino. Ca. 91316 ^^^^ ^ (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto 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 proposes a development project as follows: REV 4-22-86 on said Property, which development carries the proposed name of Pelican Cove Inn and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for hereinafter referred to as "Request"; and WHEREAS, tne 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 April 22, 1986, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore. Developer proposes to nelp satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: -2- REV 4-22-86 in consideration of the NOW, THEREFOR^ in consideration of the ^citals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee —tm. m in an amount not to exceed 2.5% 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 shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2.5% of the building permit valuation at the time of conversion. The fee |or 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 mobilehome 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. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome 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. -3- REV 4/22/86 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed — m upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under thia 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 6ity's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. REV 4/22/86 -4- 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 of 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 persoi(al delivery thereof to Developer br 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 inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the ob1igadions, of this agreement have been satisfied. City shall record a release. -5- REV 4/22/86 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California TnameX BY BY (Title;^ City Manager BY (Title) ATTEST; ALETHA L. RAUTENKRANZ, City Cleric APPROVED AS TO FORM; State of_CALiEQBiilA. >SS. County of _J_aS_AUGEi=&S- MS OFFICIAL SEAL •NMARON L MC rAULLEN M^TAfS PUBUC-CAUFORNIA ICS f«Ga£s comm My c""TT'.. expires Fi:B i, ijoJ L=-n . ^ GENERAL ACKNOWI-EDGMENT FORM On this the _22lH day of JSAY- ROBERT L. HALE CELESTE HALE , ^ ^ho.ename(s)__j^RE-subscribed Known to me to be ^^^^^^"^^^^^^^ ' EXHIBIT "A" LEGAL DESCRIPTION The Northeasterly 60.00 Feet of the Southwesterly 120.00 feet of tract 219 in the Thum Lands, in the City of Carlsbad, County Of San Diego, State of California, according to the map there of No. I68I filed in the office of the County Recorder of San Diego County December 9, 1915' Excepting there from that portion lying Northwest of a line that is parallel with and distant 100.00 feet at right angles Southeasterly from the Northwesterly line of said tract 219. Carlsbad Joumal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the I am over the age of I am principal clerk published twice weekly newspaper is published which newspaper at all subscribers, and which City of Carlsbad, Cou NOTICE OF PUBLIC HEARING NOTICE IS HE;K£BY GIVEN that the Planning Commission of the City ofCarlsbad will hold a public hearing at the City Council Cham- bers. .1200 Elm Avenue. Carlsbad. California, at 6:00 p.m. on Wednes- day. August 27, 1986. to consider approval of a conditional use per- mit for a three-room bed and break- fast inn and a variance to allow parking in the frontyard setback on property located at 320 Walnut Street in the beach area and more particularly described as: Northeasterly 60 feet of the southwesterly 120 feel of Tract 219 of Thum Lands, in the City of Carls- bad. County of San Diego. State of United States and a resident of the county aforesaid; eighteen years, and not a party to or interested in the above entitled matter, of the printer of the CaMsbad JOUrnal a newspaper of general circulation, in the City of Carlsbad, County of San Diego, State of California, and which for the dissemination of local news and intelligence of a general character, and times herein mentioned had and still has a bona fide subscription list of paying newspaper has been established and published at regular intervals in the said nty of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the foilowing dates, to-wit: California, according to Map No. 16181. T^.hos,e persons wishing to speak ofl this proposal ai-e cordially in- vited to attend the public hearing. If you have any questions please call the Planning Deparlment al 438-5591. . If you chaUenge thfe,%nditjonal Use Permit or Variance in courl. yoii may be limited to raising only those issues you or someone else raised at the public hearing de- scribed in this notice, or in written cofrespondehce delivered to the City of Carlsbad at or prior to the putilic hearing. CASfe FILE: CUP-29] V-377 APPLICANT: HALE CITY OF CARLSBAD PLANNING COMMISSION #202-: VICINITY MAP HALE V-377 CUP-291 August 16, ^^86 19. 19 19 19, I certify under penalty of perjury that the foregoing is true and correct. Executed at Carjs^ad, P^iint^ of San Diego, State of California on day of the August, 1986 - '<^^^^^?^r Clerk of the Printer CJ 4255: August 16. 1 Carlsbaci Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication m 'im STATE OF CALIFORNIA, gs. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am prmcipa I clerk of the printer of the CarlsbaCi Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOneE lS'HEREBY GIVEN that the PliUHtins CommUslon of, the City ofCarlsbad will hiol'd a public hearing at the City Council Cham-bers. 1200 Elm Avenue, Carlsbad. California, at 6:00 ip.m. on Wednes-day, May 28, 1986, to Consider approval qf a conditional use per-mit fora'th^ee-rooUt'bed and break-fast inn on praperty generaUy lo-cated at 32ff n^lnut Street ill the beacb area and iHore particularly descrit>ed as: Northeasterly 60 feet of the southwesterly 120 Met of Tract 219 of Thum Lands, in the City ofCarls- bad, County of San Diego. State of California, according to Map No, 16181. Those persons wishing to speak on this proposal are cordially in-vited ti iattend the public'H^rin^. If you ^liave any quieitie^s please call the Planning Department at 438-5591. Ifyou challenge the Conditional Use Permit in court; yoli 'iiiay be limited to raising only tho$e issues you or someone else,raised at the public bearing dMiiibed Jn this notice;, or in writtfen iiorre- spohdenc^ d«!livered to the City of Carlsbad at or prior to the public hearing. Case File: CUP-291 Applicant; PALE CITYOF CARLSBAEi PLANNING COMMISSION #202-2M VICINITY MAP HALE I CUP-2gt May 17 19 19 19, 19, 19 86 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 17th day of May, 1986 Clerk of the Printer CJ 4(Bil; May 17, i^ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, May 28, 1986, to consider approval of a conditional use permit for a three-room bed and breakfast inn on property generally located at 320 Walnut Street in the beach area and more particularly described as: Northeasterly 60 feet of the southwesterly 120 feet of Tract 219 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 16181. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP-291 APPLICANT: HALE PUBLISH: May 17, 1986 CITY OF CARLSBAD PLANNING COMMISSION VICINITY MAP HALE CUP-291 l^alph & Joan Pucci 1 & 2 a 3 3SES Tyler St Carlsbad Ca ISQDfl 2QM-0ia-15 5DM-Q7Q-D7 Alex 8. Claire Konochuk M 21L)Q Uarmlands Ave Vista Ca 12053 2QH-D7Q-Qfl Baltsar g f^amona Alvarado 3327 Tyler St Carlsbad Ca 12006 2QM-D7Q-DT Billy Burke 20 332 Ualnut Ave Carlsbad Ca 12003 20M-132-11 Margaret Potter 21 Stanley Potter fiSb Seabright Lane Solana Beach Ca 1207S 20M-132-22 Greg Kane 22 dark Goodspeed Jeanette Goodspeed P.O. Box SOfl Solana Beach Ca 12D7S 20M-132-E3 A. T. & S. F. Railroad C/O W. L. Tyler 1342 Crosby St San Diego Ca 92113^ 204-010-14 204-010-15 204-070-23 204-070-24 204-070-25 204-070-26 6 7 8 9 lO&ll Nello Tiberio 23 James Peacock P.O. Box Msasi Los Angeles Ca lOOMS 2QM-132-2H Daniel Espinoza 2b17 Tanabel Dr Altadena Ca 11001 2DM-132-E1 EH John & Carolyn Pautsch 12 & 13 22DM Uaterfront St Corona Del flar Ca 12tj2S 203-2b0-01 2D3-2t,D-lD Lincoln Surf Partners IM C/O Louise F Torio M Uest Fourth Ave No MOS San nateo Ca mM02 2D3-2t.D-ll Income Property & Associates No fl IS P.O. Box flD23 Rancho Santa Fe 12Db7 20M-132-2b Income Property & Associates No 7 lb C/O Louise F- Torio M Uest Fourth No MOS San Mateo Ca 1MM02 20M-132-lb Harry & Sharon Mellano John & Diane Mellano Star Rte Box Mb B San Louis San Luis Rey Ca 120bfi 2QM-132-17 Ocean Pine Limited lfi bIQ Elm Ave . Ste 2QM Carlsbad Ca 12003 20M-132-27 Rial & Barbara Jone 11 3M21 Summer Set yay Oceanside Ca lEOSb 2QM-132-ia 17 Walnut Lincoln Associates 2S P.O. Box 3023 Rancho Santa Fe 12Qb7 EaM-132-Ea Renee Gaitaud 2b M23 Daisy Lane San Marcos Ca 120b1 20M-132-Q3 Theresa Sanesi 27 350 Chestnut Ave Cerlsbad Ca 12003 2QM-132-0M Dorothy Kerwood 23 3MQ Chestnut Ave Carlsbad Ca 1ED0S EaM-132-a5 Henry & Virginia Thompson 21 330 Chestnut Ave C.-rlsbad Ca 12003 EaM-13E-Db Miles a Martha McCarthy 30 2SMS Hanson Ave Fullerton Ca 12b31 20M-132-07 Caroline Uard 31 33bM Lincoln St Carlsbad Ca 12003 20M-132-08 Scott Thompson 32 3310 Lincoln St Carlsbad Ca 12003 20M-132-Q1 Cal Y 33 EIS S- Highway 101 Ste Solana Berich CB 12075 SOM-lSQ-33 .10 Patrick La Vallo 3Eb7 Lincoln St Carlsbad Ca 1S00B EQM-131-1M Ml Cal Y 3M 3ES Elm Ave Ste B Carlsbc-d Ca ISQOfi 2aM-lS0-3M Leone Demott 3Eb1 Lincoln St Cnrlsb^d Ca 1S0[ E0M-131-1S SO Arthur May 3S ISEb Paramount Blvd No 1/S Downey Ca lOSMO E0M-1SQ-Q1 Albert a Bonny Lam IMOl Via Andres Palo Verdes Ca iaE7M EQM-131-lb Sl Torrey Pacific Corp 3b a 37 C/O R Stater 110 Stratford Court Del Mar Ca 1ED1M EOM-lSQ-07 BOM-lSO-Qfl Douglas Engberg 33 i3MS Cynthia Lane Carlsb.jd Ca 12003 EOM-131-ia U Titer :Sharp 31 337S Lincoln St Carlsbad Ca lEOOS B0M-131-D7 Phillip a Itheresa Reed MO 33SS Lincoln St C-risbad C- IBOOfi EaM-131-Ob Odis a George Johnston SE Robert a Susan Johnston 3233 Garfield st Cirlsbad Ca 12003 aaM-131-12 Maurice a Yvette Tauzin S3 2S1 S Bedford Dr Beverly Hills Ca 102122 EaM-131~13 Bart a Sally Ortega SM ESQ Pine Ave Carlsbad Ca 1E003 BOS-ESO-IO Stj--rt a Irune Barnett SS B.=irbarr! Qrrnett 3011 Amies Alley Oceanside Ce lEOSb Ea3-Esa-ai Robert £ Vivian Sonnaraan SE El Sereno Court Sr-n Frpncisci C..i 1M1E7 EDM-131-01 EDM-131-QE EDl-131-a3 E0M~131-aM Thelma Sovell ME b7ai Clover Court Carlsbad C^ 1Ea03 E0M-131-ai David a Reiser Okun M3 Shsils Okun C/O R C Miles B1S7 Sea Horse Cove L-igunr-* Migel Cs 1Eb77 S0M-131-a3 Mrri.rn Chavez MM 33bG G.=irfield St C£rlsbad Ca 1Eaa3 EDM-131-0S R.-^lph a lorett- Morgan MIMS L" Portalada Dr Carlsbad Ca lEDQS EaM-131-11, Ml MS Mb M7 Ma liiilli Knox Sb 3310 Ashcroft Dr Houston Texas 77Q1b EOS-EJ -03 Thlma Idilliams S7 Ava Mclean P 0 Box EOL C.-.rlsb fl C.-: lEQOa Ea3-ES0-Sa Ralph a Charlotte Clark S3 1130 Encinitas Road No MOM San Marcos Ca IBObl SQ3-ESQ-11 ToBo Investments SI 3130 Carlsbad Blvd Carlsbad Ca 1E003 EQ3-ESa-ES Irene Eleier bO 13307 Berbank Blvd No b7 Tarz-n- C.-. 113Sb EQM-IES-Ol Robert & Celeste Hale 5051 Gaviota Ave. Encino, Ca 91316 204-132-21 84 Arthur a Isabel Annon bl Terry Annon P 0 Box 1EM3 Cerlsbad C-^ Cerlsbad Ca 1E0a3 2aM-123-D2 Arthur a Isebel b2 Ma7a Sunny Hill Dr Carlsbad Ca 12003 EDM-lE3-a3 R ichard P 0 Box a Sara 33S Hill Carlsbad Ca EQM-1E3-03 1B00S bl Terry Mifsud 70 Kary a Robert Chow EMS13 Copper Cliff Court El toro Ca 1Eb30 EOM-lEl-11 Jioseph a Carolyn Carotenuti 31SMH'illview Dr China Ca 11710 EQM-IES-OM Ronald a Kay Young bM P 0 Box 1DM21 Coasta Mesa Ca 1EbE7 BaM-iE3-as Barbara Llhite bS 33bS Skyline Road Carlsbad Ca lEOOS 2aM-123-Db Usve Crest II bb b7 3500 Carlsbad Blvd Carlsbad Ca120DS 2DM-123-ia 2aM-23b-ll Jennine Cupeloute bS 710 E Manrou Ave Orange Ca 1Bbb7 EaM-lE3-Q7-Ql James a Li.Vine b3 C/O Vinedale Develpment Corp 173 Llalnut Ave Carlsbad Ca 12003 20M-123-D7-D2 b3 Grace Venis 71 72 1SM3 Santanella Terace Corona Delmar Ca 12b2S EQM-lEl-01 EOM-lEl-lQ Charlotte Mclntyre 73 EbSll Ealle San luis San Juan Capistrano Ca 12b7S EaM-121-03 James a Gay Rogers 7M P 0 Bpx 131 Claremont Ca 11711 BaM-iEi-a7 Kenneth a Elaine Stowe 75 Kenneth a Patricia KilpatricK bOl Solana Glenn Court Solana Beach Ca 12075 EOM-121-12 Charlotte Thatcher 7b Robert Sonneman P 0 Box 223 Carlsbad Ca 12003 EaM-121-13 Clarence a Jean French 77 ISMS Crest Dr Encinitqs Ca 1202M Encinitas Ca 1202M 20M-121-Db Paul a Kim Buzza bS 521 Ioi;a St Fallbrook Ca 12023 EaM-lE3-a7-D3 Marshall Rice b3 E7Sa La Costa Ave Carlsbc^d Cc lEDOB EDM-IES" 07-OM D'-'le a Robin Buzza bS C/O Vinedale Development Corp 173 Ualnut Ave Carlsbad Ca lEOOS EaM-i23-a7-as Karen Hartm n bS 17b walnut Ave Carlsb-id Ca 12003 2aM-iE3-a7-ab James a Li Vine bS 173 Ualnut Ave Carlsbad Ca lEOOS E0M-123-a7-07 PcUl a Ida Trejo 78 71 33b3 Garfield St Carlsbad ca 12Q0S 2QM-1EE-1M EOM-IEE-IS G ry a Chris+ine Stevens 30 3335 Garfield St Carlsbad Ca 1E003 EQM-ISE-IE AirciJa Diane Marcy 31 Ralph a Marsha Straesser BBSE Fire Mountain Oceanside Ca 1EQSM •13 Dr Michacil a Denise Nilazo 32 Alex Caperna a Corrina Furnari E0M3 Island Oaks Dr Arcdia Ca llQOb EOM-IEE-OE George a Celia Burns 33 EbSlb Rockhurst LAne Rancho Palo Verdes Ca 1027M EQ3-Eba-0M Ci Gr-y^-^ c^ci^ o^^^^ ,iuit.^^^,:x;e6K/l „ ./^"^^ \ (V) /A, 12 MIN. BARS-2 ABOVE '-OlND 2 BELOW OPENING •4 AT 18" O.C OR CLOSER ^CBARS — T PLAN CORNER CONNECTION --<^4 AT I8"0.C. OR CLOSER #4ATI2"0.C.^' TT ^..#4 AT I8"0.C. C BARS OR CLOSER NOTES SECTION A-A 1). REINFORCING STEEL SHALL BE I l/Z" CLEAR FROM FACE OF CONCRETE UNLESS OTHERWISE SHOWN. REINFORCING STEEL FOR INSIDE FACE OF CURB INLET BASIN SHALL BE CUT AT CENTER OF OPENING ANO BENT INTO WALLS OF MONOLITHIC CONNECTION. REINFORCING STEEL FOR OUTSIDE FACE OF CATCH BASIN WALL SHALL BE CUT 2"CLEAR OF OPENING. 3) . CONNECTION SHALL BE POURED MONOLITHIC WITH CURB INLET. THE ROUNDED EDGE OF OUTLET SHALL BE CONS- TRUCTEO BY POURING CONCRETE AGAINST A CURVED . .. FORM WITH A RADiUS OF 3* 4) . FLOOR OF STRUCTURE SHALLBE STEEL-TROWELED TO SPRING LINE. 5) . CONNECTIONS SHALL BE CONSTRUCTED WHEN: A) PIPES, I2"THR00GH 72"IN DIAMETER, INLET OR OUTLET THROUGH CORNER OF CURB INLET. B) ANGLE A. FOR PIPES 24" THROUGH 30"lNDIAMETER, IS 70" OR LESS. C) PIPES, 33" THROUGH 72"lN DIAMETER, INLET OR OUTLET THROUGH THE SIDE WALL OF CURB INLET. 6) . ALL CONCRETE SHALL BE TYPE 964-C-3000. SEE 7 , NOTES 1 , \\ DBARS-2ABOVE ^VAND 2 BELOW OPENING --_»4AT 12 O.C. OR CLOSER -^-••C BARS PLAN SIOE CONNECTION B T C BARS 1 o Ul o B T C BARS 1 in 1 Ul o 12" 4" #4 AT 6"0.C. » 42" 71/2' d O X « • <» • 15'' 41/4" #4 AT 6"0.C. » 45" 73/4" d O X « • <» • IB" 41/af #4 AT 6"0.C. » 4«" a" d O X « • <» • 21" 5" #4 AT 6"0.C. » 51" 81/2" d O X « • <» • 24" SI/4" #4 AT 6"0.C. » 54" 9" d O X « • <» • Zf S 1/2" #4 AT 6"0.C. » 57" 91/4" d O X « • <» • ?0" 6" #4 AT 6"0.C. » 60" 9 t/2" d O X « • <» • 33" 6 1/4" #4 AT 6"0.C. » 63" 10" d O X « • <» • 9?" 6l/2f' #4 AT 6"0.C. » 66" 10 1/4" d O X « • <» • 39" 7" #4 AT 6"0.C. » 69" 103/C d O X « • <» • 72" d O X « • <» • REV. APPROVEO CITY OF CARLSBAD CONNECTION TO CURB INLET #DR PIPES 12"-THROUGH OTY CNOtNCER JO-IS-SO OATt SUPPLEMENTAL f^Q A STANOARO NO. UO* 9 VSTWID WASHINGTON^.^,.^ m r ^oo 60 u < <i s J k hi TCT 222 1.05AC. (26 70 r PAR I PM 4^5 TCT 223 • - /</ 3^'J3'i./ PAR. 2 0. 57AC. PM4 25 ^oo dl3.f'33/.j 300.04 CCONDM PEND) OCEAN PINE ' DOC84-388I80 M10944 /i/34''93W 300.07 M 10437 0.60 AC CCONDM PEND) LINPINE > DOC 82-237956 3 so @ POR 0 TCT ? 218 00 10 /so. 2 15, POR TC A/ 34' 0 ,© T 219 >0 I 3g 2 2 .5 3f '33 •£• ST @ 2.02 AC TCT 2 24 TCT. 225 ©0. 7 8 AC. •70 ;® TCT 220 TCT 221 ^oo :® tt tt tt 67 tt 6* I 0 ® LINCOLN ST ^oo TCT 214 so so TCT 215 N. Al 34°33 '£: . (eoo le/ii.) tt tti 1 *^.^t TCT 2 16 TCT ZI7 DATE TO: FROM: MEMORANDUM Revie^^and Comment Memo Engineering Department Fire Department Rwilding Department kTarks and Recreation Department Police Department Costa Real Municipal Water District Land Use Planning Office HECEWtp UiHOUSE SUBJECT: Request for Review and Comment on Application NO. ^t^P <P^-\\s HALT. Proposal:PX\^\K\G^ VJ?^P. \^ A hOPU^y. aCa\/£jgSlCyU ID A (^b. ^Q^J\tS^A^y I uU. Project Planner: UAMCJj ^-DLLK^ This item has been tentatively scheduled for the Planning Commission meeting of . Please review and submit written comments and/or conditions to the Land Use Planning Office by \^JL. <g>4-. . If not received by that date, it will be assumed xhat ydu have no comment and the proposal has your endorsement as submitted. Thank you. Comment! ATTACHMENTS # MEMORANDUM Review and Comment Memo DATE: TO: FROM: RECEIVED DEC 51984 Engineering Department Epjgmei KPire Department Building Department Parks and Recreation Department Police Department Costa Real Municipal Water District Land Use Planning Office c. 1 i^ SUBJECT: Request for Review and Comment on Applicat NO. ^tsP Pj5-ILg HALT. 4 DEC 1985 RECEWEC c IAND USE rii Proposal: f ^\^lM&- VJ?^P. 1^ A K0PL£J^- aCaVgjgSl^ Project Planner This item Commission submit wri Planning 0 that date, proposal h Thank you. has been tentatively scheduled for the Planning meeting of • Please review and tten comments and/or conditions to the Land Use ffice by \i>giL • Z>4-. \^P^'^ . If not received by it will be assumed xhat ydu have no comment and the as your endorsement as submitted. Comment: c/^ 7^ Ct/(>C/ -7^ :Sr. ATTACHMENTS RevievT'and Comment Memo MEMORANDUM DATE: h?^. 5 )iaef^ TO: Engineering Department Fire Department Building Department B<Srks and Recreation Department ^Tolice Department Costa Real Municipal Water District FROM: Land Use Planning Office SUBJECT: Request for Review and Comment on Application NO. ^b.P Pj5>i(j> HAU^. Proposal: P i^\^\^Gr^ VJ?^P. 1^ A KOP\-£y. g^V^^eSlOM Project Planner: NJAKKLVj ^iXLH^ This item has been tentatively scheduled for the Planning Coramission meeting of . Please review and submit written comments and/or conditions to the Land Use Planning Office by ^gjC. • Z>4-. . If not received by that date, it will be assuined xh at ydu have no comment and the proposal has your endorsement as submitted. Thank you. Comm.ent: /Al ro/)^P/9 7-/^B/ £. (Jsi^ - /\-3 ZOAJ6 ' T/^/h^l^^^J- J^^yZ^^^xIS LcJodtP S/e /^lvLC)^.)/S..n v/O /ZrS/tOieAJV^/^L /y^'i^^Sc£.iHD<,D — /•//&7/ o/Z/yiOiS Ai/^A//HAvU-/ /¥^P^/zn£:i::^ R,//ec->c,.m.i6S ATTACHMENTS Review and Comment Memo DATE; TO: FROM! MEMORANDUM Engineering Department R^e Department k'Building Department Parks and Recreation Department Police Department Costa Real Municipal Water District Land Use Planninq Office SUBJECT: Request for Review and Comment on Application NO. PjQ-iLfl HAIJ^. Proposal^pi^\^\^Gr• vje^p. \^ A KoP\-.£y. (LC:MSJB.^\C^ ^P^C^ LOALkAUr A\/£.- 1 Project Planner: UAMCJj ^-DLLK^ This item has been tentatively scheduled for the Planning Commission meeting of . Please review and submit written comments and/or conditions to the Land Use Planning Office by . <g>4-. l^f^*^ . If not received by that date, it will be assuined xh at ydu have no comment and ti proposal has your endorsement as submitted. Thank you. the Comm.ent: / 7" /^^J^T^ // //A ATTACHMENTS 0 # Citv of Carlsbad Planning Department November 19, 1991 Robert Hale Pelican Cove Bed & Breakfast 320 Walnut Avenue Carlsbad, CA 92008 Dear Mr. Hale: This letter is to advise and confirm that CUP 89-6 approved on September 20, 1989, superseded CUP291 and is the valid Conditional Use Permit regulating the Pelican Cove Bed & Breakfast. CUP 89-6 will expire on September 20, 1994, if a request to extend the permit is not received by the Planning Director 90 days prior to this date. Ifyou have any questions, please call me at (619) 438-1161, extension 4477. Sincerely, ANNE HYSON Assistant Planner c: Robert Green Erin Letsch Data Entry File 7 AH:vd cup896.Ur 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Planning Departnnent October 28, 1991 Mr. Robert L. Hale Pelican Cove B & B 320 Walnut Avenue Carlsbad, California 92008 RE: CUP-291 - REFUND Dear Mr. Hale: In reference to the above-mentioned application, enclosed is a Request for Refund form, please sign and date where indicated, and return to me so that I may continue the process. Sincerely, CITY OF CARLSBAD ANITA RAMOS-BONAS Secretary Enclosure 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 CITY OF CARLSBAD REQUEST FOR REFUND Account No. 001-810-0000-8212 Vendor No. Amount of Refund ^^^^-^^ Date Fee Paid: 9/^9/9^ Fee Paid For: CUP-291 Extension f Pelican Cove^ Fee Paid By: Pelican Cove Incorporated Facts Supporting Request: CUP291-superseded by new CUP 89-6, which will expire in '94, therefore, only one renewal necessary. (See attached letter.) Name of Applicant: Robert L. Hale Address: 320 Walnut Avenue. Carlsbad. CA 92008 Street Signature of Applicant: Date n Approve • Disapprove ^ Telephone Dept. Justificationj, Rec: isapprove Date Finance Investigation: Rec: • Approve • Disapprove Dept. Head Signature Date City Manager's Action: • Approve • Disapprove City Manager Signature Date CITY OF CARLSBAD 1200 CARLSBAD VILLAG^DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM / . g. L Q'n ^ff )X Cc L^jd O )0 DATE /9~<7/ ACCOUNT NO. DESCRIPTION AMOUNT OiiQ ^9) Xf 448.09/19/91 0001 01 o:> C-PRMT J. 5.00 -• * RECEIPT NO. 3237 TOTAL 3 IS «rt 1*. '.,-Mt't<^li«Vll..'i,Jit:.iiJ^t^t^...t'^ \ October 22, 1991 Mr, Michael J. Hola«iller Planning Director City of Carlsbad 2075 Las Pal«as Drive Carlsbad, Ca. 92009-U859 ....r..-:,/^.-,.. Re: Request for Refund Renewal fee CUP 291 Dear Mr, Holamiller: We have Just been infomed by Ana If/song that CUP 291, expired August 27* 1991, has been superseded 1^ the new CUP 89-6 whioh will expire in 199U and that, in the futtire we will have to apply for only renewal of that CUP—aot both. We were also told, by Ann ^ysvag, that we are eligible for a refund of the fee paid to renew CUP 291 and that we needed te write to you to request that retum of funds. Our cheek was nunber 1320, written September 18, 1991, in the aaount of $375«00. We will appreciate the retum of those aonies. Thank you for your help. Very truly yours. Robert L. Hale Peliean Cove B & B 320 Walnut Ave. Carlsbad, Ca. 92008 MEMO rzu/^i Date: 10-15-91 TO: FRO: SUBJECT: Gary Wayne Anne Hysong CUP291/CUP89-6 HALE BED & BREAKFAST CUP291 was amended by CUP89-6 IN September, 1989. The approved exhibits and conditions combined the existing project and proposed addition into one project, however, there is no condition stating that CUP89-6 supersedes CUP291. I believe that CUP89-6 supersedes CUP291, which expired in August 1991, since the exhibits and conditions imposed apply to the project as a whole. Since CUP291 is no longer valid, the expiration of this project's CUP will occur September 20, 1994 (five years from the September 20, 19^ approval date). If you concur, please advise so that I can refund Mr, extension application fee of $375. SENDERS NAME Title Hale's Attachments.-^^^ ^ 0 C^l//^^ 9 A A. (WWW"!' IMIIWW IPUU 1200 CARLSBA ^1 CITY OF CARLSBAD ILLAGE'DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 ft REC'D FROM. -15—tr . DATE V- ./y-/^/ ACCOUNT NO. DESCRIPTION AMOUNT (Hx f ^ J9 i X / 4465 09/1.9/91 0001 01 07 1 C~F'RMT 3-f5.00 [ 1 [ ] RECEIPT NO. 3237 TOTAL 0 /o" •l,.i..t...^t>ir^:J..i^.^ . .^..,..L:i:,..^.^;.i.t^.t. pelican (^e Snn •m Walnut Ave. • Carlsbad, CA 92008 • (619) 4;54-,'"i99,S (I very .^iHi 'uil Hi'il anil Hmikfii^t September l8, 1991 Erin K. Letsch City cf Carlsbat! ^lannJng Dept. 2075 Las Palmas Drive Carlsbad, Ca. 920C'9 Re: CUP KG. 291 Dear Ms. Letsch: I dc wish to renew CUP No. 291, expired August 2?, 1991. We did not receive notice of the expiration or we would have acted sooner. In any event, we have indulged our check in the amcunt of 1375.00 as you requested. •I'hank you for your help. Very truly yours. /<Lr£S/' ^^^^yCCL., ^^c^ Robert L. Hale FHOJLCI KLVIIW On Q'f-fO . Ci^^-_Z._f± A^Aue- ^^,^^'^/^UMI.IS (date) (project miinbGr) (projpcl iiaiiu>) for compliance with the conditiotis contained therein, Y 1) ) The project was found to be in compliance witf) all the conditiorjs of ^—^ Resolution No. Z $^^2 and no further action was taken 2) The project was found to be in violation of Co(?dition of Resolution No. and the following actions have been taken: COMMENTS: 0 y/^fSP^^Sb ^UL fegcn^ At*a ^,AM9 /Ug ^JT'cJ.^i^ Signed EL:lh project.frm PROJECT REVIEW was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. 1) The project was found to be in compliance with all the conditions of Resolution No. ZS'QQ and no further action was taken. 2) The project was found to be in violation of Condition of Resolution No. and the following actions have been taken: COMMENTS: ^-30-89 7^ o^eo6 2. or^ S^ue^t-nmr^. ^/^&H- rooirn lA//-f^ dcor cxmnecj-y/i^ -AAJO -st^/Tfes Occ^c^/ed. j^Kiery -H-i)n^ I'n 00/7yc/A>r)ce- Signed EL:lh project.frm LAW OFFICE ROBERT L. HALE ATTORNEY AT LAW 80 SOUTH LAKE AVENUE SUITE 823 PASADENA, CALIFORNIA 91101 (818) 793-9191 December 22, 19 86 Ms. Nancy Rollman Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Conditions of Approval CUP-291 ^ ^ mm \ l» OTY OF ^ • ORLSBAO f Dear Nancy: As I understand it, we are required to tell the City that we will meet certain conditions with the City as far as oper- ation of our intended Pelican Cove Inn is involved. 1. We, Celeste and I, will be living at the Inn and oper- ating it ourselves. No resident manager, outsider, will be involved. 2. No meals will be served other than our own food and a continental breakfast for guests. That breakfast will consist of coffee, jams, jellies, reheated rolls—which we will buy from a local bakery—and perhaps dry cereals, together with milk and sweetener. The breakfast will not be for anyone other than guests. There will be no cooking for guests. 3. Lighting will be reserved and limited to the site. Most of such lighting will be ground-level and not offensive to other nearby properties. No high-intensity lights nor neon or interior-lighted signs will be used. 4. No kitchens or cooking facilities will be included in the rooms. 5. We will agree to limit the occupancy of guest units to a maximum of seven days, although we do not understand the need for this restriction. It is not a problem since the average length of stay will probably be two days. 6. The required six-foot fence will be provided as described in condition 19 of the resolution. I trust this will answer questions set forth in the resolution as to conditions of operation and maintenance of the Inn. Many of the questions are answered by the plans that have been submitted and, as to the others, this letter expresses our agreement. Nancy Rollman Page 2 December 22, 1986 Thank you for your help, Robert L. Hale Celeste Hale PAUTSCH ENTERPRISES INC 2204 WATERFRONT DRIVE CORONA DEL MAR, CALIFORNIA 92625 (714)675-4797 August 18, 1986 City of Garlsbad Planning Cotmission 1200 Elm Avenue Carlsbad, Califomia 92008 RE: Case File CpP-291/V-3T7 Applicant: Hale Dear CortnissionerS: I wish to submit my oblection to the proposed variance reqardinq the subject application. In opinion, a variance to allow parking in the frontyard setback would be a violation of reponsible biiilding criteria on this specific site. I have no idea from the notice what density the proposed project represents, but I am not opposed to tlie density, regardless of the density issue. I feel the proposed use is in ccrtpliance with the other uses in the area, and is also sensible for the area. I have gone on record before as stressing building criteria and regulations as the most effective and best means of controlling appropriate growth and related traffic problems, vs., "blanket" density reductions, specifically in the beach area, that will, in my opinion, have definite adverse effects for the property owners, riesidents, and users of the beach area. As always, I remain available at any time to elaborate more specifically, if any of the oomiissioners wishes to hear what I have to say. I have tried to express my points at the public hearings, but time and the calendar do not allow sufficient exchange at siK:h a forum. Thank you. Sincerely, PAUTSCH EISFIERPRISES, INC. 3hn R. Pautsch, Jr. RE: A Management and Development Corporation STONEHEDGE FINANCIM: GROUP 155 Bovet Road, Suite 301 San Mateo, Califomia 94402 Telephone: (415) 573-5626 Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 Dear sirs: August 18, 1986 Case File: CUP-291/V-37/7 l.L Re the hearing for a conditional usage permit for a Bed and Breakfast Inn at 320 Walnut A'venue, I feel that allowing parking in the front yard setback is a serious diminution of quality of the neighborhood and should be denied. X am part ovmer and managing partner of 18 apartments at 370 Walnut Avenue, 25 apartments at 3160 Lincoln Street and 304-332 Pine Avemie, 32 apartments at 375 Acacia Airenne and 18 apartments at 380 Acacia Avenue. Thank you. Sincerely yours. Louis F. Torio DEVELOPMENTAL H^S^H 1200 ELM AVENUE SERVICES ^^^^J^M CARLSBAD, CA 92008-1989 (619) 438-5591 LAND USE PLANNING OFFICE -^-^-i— Citp of Carlie(liab May 15, 1986 Robert Suarez 2601 Avenida de Anita Carlsbad, CA 92008 SUBJECT: CUP-291 HALE Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to picic up on Friday, May 16, 1986, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on May 19, 1986. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeti ng. It Is necessary that you bring your required colored exhlbit(s) with you to this meeting In order for your project to go forward to Planning Coaaission. If you do not plan to attend this •eetlng, please nake arrangeaents to have your colored exhlblt(s) here by the scheduled tiae above. If you need additional information concerning this matter, please contact the Planning Department at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director Planning Department MJH:bn DEVELOPMENTAL HI '^HRJ' H 1200 ELM AVENUE SERVICES ^^^^jfW CARLSBAD, CA 92008-1989 LAND USE PLANNINQ OFFICE ^^ife^r 438-5591 Citp of Carlfi(bab March 3, 1986 Mr. Robert L. Hale Attorney at Law 80 South Lake Avenue, Suite 823 Pasadena, California 91101 RE; PROPOSED BED AND BREAKFAST INN, 320 WALNUT AVENUE, CARLSBAD (SDP 85-16) Dear Mr. Hale: Several weeks ago, I spoke with Bob Suarez regarding the signed letters you obtained from Brian Hunter and Lynn FitzGerald confirming the number of parking spaces required for your property, if used as a bed and breakfast inn. I told Bob that those letters indeed refleqtgd -the requirements in place at that . . •"time but did not set any requirements in "concrete". Therefore, we need to keep your project moving along in processing so that it is close to being scheduled for a hearing, if not actually scheduled, before any new standards are adopted by City Council. I believe that process could take 2-3 more months; the ordinance goes to Planning Commission for the second time on March 26th. If approved, it would go before City Council at least twice. The point is, that if you were to get caught in the "middle" of new ordinance requirements and were actively pursuing getting your project processed, staff would be in a better position to recommend that the old requirements could apply to your project. For example, if we did not hear from you for several months, i.e., you just let things sit for awhile for whatever reason, and then you came back and expected to be able to comply with the old standards on the basis of your letters, that probably would not be justified in our eyes. In summary, I want to keep you apprised of the new parking requirements ordinance and tell you that, depending on how you continue to process your project, you could indeed be affected by new requirements. I am willing to work with you to keep your project moving in our process but part of that is your responsibility too. If you have any questions, please call me at 438-5591. Sincerely, NANCY E. '-TOLLMAN Assistant Planner ad DEVELOPMENTAL M ^SST H 1200 ELM AVENUE SERVICES W^^^nr^jM CARLSBAD, CA 92008-1989 LAND USE PLANNINQ OFFICE ^Mdy 438-5591 Citp of Carl^fbab December 23, 1985 Robert Hale 5051 Gaviota Avenue Encino, California 91316 RE: SDP 85-16 - Hale The Planning Director and the City Engineer have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a Planning Commission hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should set-up a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/Issues Project Planner Height Nancy Rollman Parking space locations Project Engineer Drainage Clyde Wickham Improvements Grading Not enough information to completely assess t o^A% Costa Real VMV? Municipal Water District ^^^^^^ 5950 El Camlno Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 DATE: December 20, 1985 TO: City of Carlsbad Land Use Planning Office Carlsbad, California 92008 ATTN: Nancy Rollman SUBJ: SDP 85-16 - Hale - CRMWD Project No. 85-601.156 320 Walnut Avenue - (between A.T. & S.F. R/R & Lincoln) The subject project has been reviewed by the District's Engineering Department to determine the extent of District's involvement regarding existing and proposed water system to serve proposed project as follows: YES NO Are there transmission lines that affect project? ( ) (X) Are there existing facilities that will have to be reconstructed? ( ) (X) Are there new facilities that will have to be constructed? ( ) (X) Are there existing District agreements that have financial impact on the project? ( ) (X) We have the following specific recommendations: 1. The entire water system for subject project be evaluted in detail to insure adequate capacity for domestic, landscaping and fire flow demands. 2. The developer and his engineer schedule a meeting with the District engineer and establish water system layout prior to the water system improvement plans being drawn. 3. The project currently has one existing water service and meter serving the existing dwelling. '*Nancy Rollman ' December 20, 1985 Page 2 Regarding fees and deposits: The developer will be responsible for the major facility charge which will be collected at time of issuance of building permit. Please contact Mr. Jerry Whitley if you have any questions regarding this project. William E. Blakesley Deputy District WEB:sja cc: Fire Marshal CRMWD 85-601.156 L.\w OFFICE; ROBERT L. HALE ATTORNEY Al LAW 80 SOUTH 1.AKF: .\V FiNLih SUITE 82.1 PA.SADENA. CALIFORNIA 91101 (8181 79.1-9191 {t.r. ar'sn Hunter Developiatnt Processin.p itrvices 1200 Elm .Hvenue Carl.sbad, Oa. .92003-19°9 Ke: Parking, 320 Jalnut Ave., Carlsbad Dear Kr. Hunter: First, everyone in the office is so busy riaht now that I air, i-yri-.g this myself—understandably badly. I want to thank you for takino the time to meet with :Tiy wife. Celeste, yesterday ragarding the preperty wc have purchased on ji.-il.nut. It is my understanding from her that the two of V'-'u :ilscussed i nunber of things concerning cur plans, but, most importantly ri.e parkirr- situation. I do not intend tc miSM'-jote Celeste or you, but sht i-.ui cated that, based on the zoninq in the area ana the use we inttnc. nine ly a t'ive bedroom place, four of which would be for rent es a h-ed ; '-jresin^st inn, and one of which we would occupy, we are oniy r ecu ire.; tc n"ve five ava'lable on-site parking niaces. She furt er tele ' tat . should I write ycu this letter, requesting your ap-rov. 1 . •i .'cte'.'t you would be willing to firm uo that reci:irericnt fcr v.-. • . •': would be a load off our minds. : * ne '',\rprcved'' •r.h..r -reas If I am correct and interpret'no your wcrcis correctly. T appreciate ycur sinning the enclosed copy of this letter i space provided below. four sii.:nati;re does p.ct net 'rite -r: of what lies ahead but si-.ply indicates that, based cn tiv.- .e,.!rcom? on the premises, we netd only five parking places tc be city requirements. Thank ycu for ycur help and cooperation. Date: \0-~L\ c;-e Concurred in and a-^proved as set forth herein cere iMMb CITY OFCARLSBAD BulWIjlf Oeparfment pal/ LAW OFFICES Ms. Lynn Fitzgerald Planning Department 1200 Elm Avenue Carlsbad, CA 92008 ROBERT L. HALE ATTORNEY AT LAW 80 SOUTH LAKE AVENUE PASADENA, CALIFORNIA 91101 (2B) 793-9-191 July 25, 1985 RE; 320 Walnut Ave., Carlsbad, CA. Dear Ms. Fitzgerald: You and I talked several days ago regarding the property at the above-referenced address. At that time I indicated to you that my wife and I have an interest in buying that property with an eye to turning it into a bed and breakfast inn. I discussed the zoning with you as to the suitability of the property for that purpose and, if I do not misquote you, you said that the property was actually zoned for hotels, which would include the type of "rooming house" that we contemplate. — .. j^.-*^ "^Ni'ti^t I believe that I said we would plan to start with a probable four or five rooms, as nightly rentals, and could potentially end up with as many as nine to ten rooms, no meals served, but strictly a B & B type of place. You seemed to feel that such an enterprise was totally permissable with- in the current zoninq laws.-—• i-f- kP ^ICH'. I had asked you for a letter coiraii:i Department to that position and your rea^ction was that you should not present me with that kind of document, but, were . . I to write to you repeating the gist of our conversation, you •'^ ipAy^ rto/y* could sign such a letter indicating that we are on firm T'STI'O •fic. ground in planning this enterprise. Such a commitment by the city is extremely important to us since we have made an offer for the property. If I am not mistaken, we would be required to provide a parking space for the rooms which are to be rented, plus, I suspect, a slot for any cars which my wife and I may posses, however, no garage, for each proposed visitor nor our cars, and no formal carport for such vehicles. I think that your indication was that we could have parking at the street as long as it was actually on the property^—marked spaces in front is what I mean.— V5 ^UcvhU 0^ vHoi. ^ N€w ^^^^ liting the planning di^U't^ J^^j- C2w lex. Uy),^4^ Ms. Lynn Fitzgerald Planning Department July 25, 1985 Page Two If what I have set out above is true and correct with our discussion, I would appreciate your concurrence in the appropriate space below. As you will understand, our c^t^^ ^le^L'?^^'^^ r^"^ permission and concurrence from the city. Please let me know if I have somehow misunderstood our conversation. ^^^i-uua. 3 ^^JtCt^^ intend, should we be able to go ahead, to be attract^o^°J°^J ^^^^^^^^^^ community, and to be just one more attraction to the area, with which we have both fallen in Thank you for your courtesy Very truly yours, ROBERT L. I4LE CONCURRED IN AND AGREED AS SET FORTH ABOVE: fNN FITZG 'Planning D Carlsbad, Ol/tr-t/ A. T 8. S.F R. R. B.E. PAR 4.-804-37-8C ^ • w r>.' doo so I J TCT 222 Kl 1.05AC, (26 7^ /t/J 4-33 ^oo S 3t '33 •£• ^oo — PM 4-25 PAR I r?) TCT 223 /9o - *J 34-J3 A/ PAR, 2 0. 57AC, PMA25doo al34'33Aj CCONDM PEND) « OCEAN PINE > D0C84-388I80 M10944 /V34'"}9'lV 300.O7 MI0944 1^ *i M-10437 O.SOAC. CCONDM PENDD LINPINE DOC 82-237956 3 ro O , SO POR " ;T 2i8 TCT ^ /SO. /14 2 15. POR TC /oo ll/ 34°33 'AI @ -rt T 219 So 2.02 AC TCT 2 24 TCT 220 Vl ^ tt LINCOLN UJ z Q. So DUNTY ASSESSMENT PURPOSES QNLY doo TCT 214 0 84AC. ^ doo so TCT 215 Ok. © © © GARFIELD D so (^ao le^^ ) doo O' tt TCT 216 rs •^ "i ©^ £^00.04 © o © © ^t t>? SYCAMORE • AVf^ 21.14.080 — 21.16.010 than the time-'for appeal of the discretionary permit or en- titlement^or the project, whichever is later. (Ord. 9606 SKpar^^; 1981: Ord." 9151 §1 (part) : Ord. 9060 §656). X'^21.14.080- '"Lot width. Every lot created after the effective 4ate of the ordinance codified in this chapter shall raaiiftain a width not. iess than sixty feet at the rear line of the required front yard. (Ord. 9151 SKpart); Ord.. -9060 §657) . _.^"'" 21.14.090 Lot coverage. All buildings, including accessory buildings and structures, shall cover no more than fifty percent of the area of a lot. (Ord. -9151 §1 (part) : Ord. 9060 §658). Chapter 21.16 R-3 MOLTIPLE-FAMILY RESIDENTIAL ZONE Sections: 21.16.010 Permitted uses. 21.16.015 Uses and structures permitted by conditional use permit. 21.16.016 Senior citizen housing by conditional use permit. 21.16.020 Building height. 21.16.030 Front yard. 21.16.040 Side yards. 21.16.050 Placement of buildings. 21.16.060 Minimxim lot area. 21.16.070 Maucimum allowable density. 21.16.080 Lot width. 21.16.090 Lot coverage. 21.16.010 Permitted uses. In the R-3 zone only the following uses are permitted as specifically provided and allowed by this chapter, subject to the provisions of Chap- ter 21.44 governing off-street parking requirements: (1) Any use permitted in the R-2 zone; (2) Child care nurseries when there is provided on the lot, or adjacent to the premises, a single play lot not less than six hundred square feet in area plus an additional seventy-five square feet of area for each child in excess of nine. Such play lot shall not be located in any required front or side yard; (3) Group houses (bungalow courts); (4) Multiple dwellings; (5) Hotels, motels; 374 (Carlsbad 11/82; 11.16. 015 —21.1^ (6) A public parking area developed as required by Section 21.44.180 when the lot on which it is located in the R-3 zone abuts upon a lot zoned for commercial or industrial purposes; (7) Signs subject to'the provisions of Chapter 21.41, (Ord. 9674 §2(part), 1983; Ord. 9455 §4(part), 1976; Ord. 9224 §2(part), 1969; Ord. 9135 §1; Ord. 9060 §700). 21.16.015 Uses and structures permitted by conditional use permit. Subject 21.50, the•following ditional use permit: (1) Residential persons; (2) Ord. 9455 to the provisions of Chapters 21.42 and uses and structures are permitted by con- care facilities serving more than six (Ord. 9513 §3, 1978; Professional care facilities. §4 (part) , 1976) . 21.16.016 Senior citizen housing by conditional use permit. Senior citizen housing may be permitted by conditional use permit issued according to the provisions of Section 21.18.045 of this title. Notwithstanding Section 21.18.045, subsection (d)(3), the development standards of this zone shall apply. (Ord. 9638 §l(part), 1982). 21.16.020 Building height. In the R-3 zone no building shall exceed a height of thirty-five feet. (Ord. 9060 §701). 21.16.030 Front yard. Every lot in the R-3 zone shall have a front yard of not less than twenty feet, except that on key lots and lots which side upon commercially or indus- trially zoned property the depth of the required front yard need not exceed fifteen feet. (Ord. 9060 §702). 374-1 (Carlsbad 8/83) T V 21.^040 — 21.16.050 V) 21.16.0 40 Side yards. In the R-3 zone every lot ^ shall have side yards as follows: (1) Interior lots shall have a side yard on each side of the lot which side yard has a width not less than ten percent of the width of the lot; provided, that such side yard shall be not less than five feet in width and need not exceed ten feet; C2) Corner lots and reversed corner lots shall have the following side yards: (A) On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot, (B) On the side street side the width of the required side yard shall be ten feet and said side yard shall extend the full length of the lot. (Ord. 9060 §70 3). 21.16.0 50 Placement of buildings. Placement of build- ings on any lot shall conform to the following: (1) INTERIOR LOTS: (A) No building shall occupy any portion of a required yard, (B) Ary building, any portion of which is used for human habitation shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot, (C) The distance between buildings•used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet, (D) A nondwelling accessory building may build to the rear lot line and to the side lines to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall maintain a distance of not less than five feet from the rear lot line and may build to only one side lot line and shall maintain a side yard of not less than five feet from the other side lot line; (2) CORNER LOTS AND REVERSED CORNER LOTS: (A) No building shall occupy any portion of a required yard, (B) The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet, (C) Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, (D) On corner lots an accessory building may build to the rear lot line and to the interior side lot line when located to the rear of the required side yard. 375 ^ / ^ "^1.44.110 —21.44.130 21.44.110 Temporeury construction buildings. Tem- porary struct\ires for the housing of tools and equip - ment, or containing supervisory offices in connection with major construction on major construction projects may be established emd maintained during the progress of such construction on such project emd shall be abated within sixty days after completion, or sixty days after cessation of work. (Ord. 9060 §1509). 21.44.120 Required off-street parkinq. Every building, or portion of building hereafter erected, shall be provided with permanently maintained parking space as provided in this article, and such parking space shall be made permamently available amd be permamently main- tained for parking purposes; provided, however, that any alterations or additions providing less than five hundred square feet of additional floor space shall be exempted from this requirement. (Ord. 9060 S1510). 21.44.130 Parking «p«c«a r«ep»ired. The number of off-street parking spaces required shall be no less than as set forth in the following: (1) USE - Automobile courts (motels) PARKING SPACES REQUIRED - One for each sleeping unit or dwelling unit. (2) USE - Banks and professional offices ^ PARKING SPACES REQUIRED- (a) Banks and other financial institutions - one for each two hundred fifty square feet of gross floor area. (b) Professional offices - one for each three hundred square feet of gross floor area. (c) Professional offices, except for banks and financial institutions, which are located within the village redevelopment zone or within a three-hundred-foot radius of the village redevelopment zone - one for each four hundred square feet of gross floor area. (3) USE - Bowling alleys PARKING SPACES REQUIRED - Four for each alley. (4) USE - Chijrciief PARKING SPACES REQUIRED - One for each six seats, or if there are no fixed seats, then one for each one hundred square feet of floor space used for assembly purposes. (5) USE - Dwallinas PARKING SPACES REQUIRED - (a) One, two-faunily or multiple parking spaces required per dwelling unit: y;>A- Studio and one bedroom - 1.50 spaces/unit Two bedroom - 1.75 spaces/unit ^|.,f^ Three bedroom and more - 2.00 spaces/unit 422 (Carlsbad 5/83) 21.44.13(5^ (c) Front yard building setbacks for second and third floors in R-W zones only, shall be allowed to extend to the ten foot setback line when tandem parking is utilized in the front yard. C^JX^ USE - Establishments for the sale and consumption on the premises of food and beverages ( 7) USE - Having less than four thousand square feet of floor area PARKING SPACES REQUIRED - One for each one hundred square feet of gross floor area. ( 8) USE - Having four thousand square feet of floor area or more PARKING SPACES REQUIRED - Forty plus one for each fifty square feet of gross floor area in excess of four thousand square feet. USE - Furniture and appliance stores, hardware' stores, household equipment, service shops, clothing or shoe repair or personal service shops PARKING SPACES REQUIRED - One for each six hundred square feet of gross floor area. (I0> USE - hospitals PARKING SPACES REQUIRED - Two for each bed. (lp USE - Hotels PARKING SPACES REQUIRED - One for each room up to six bedrooms and one for each three bedrooms in excess of six bedrooms. (JJ) USE - Libraries PARKING SPACES REQUIRED - One for each two hundred fifty square feet of gross floor area. USE - Library stations and museums PARKING SPACES REQUIRED - One for each five hundred square feet of gross floor area. (IJ) USE - Manufacturing uses, research and testing laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving shops PARKING SPACES REQUIRED - One for each three employees_^n the maximum working shift, or not less than one for each -w^iiifc hundred square feet of gross floor area, which- ever amount is the greater. (Ts}/ USE - Medical or dental clinics and medical- professional offices. PARKING SPACES REQUIRED - One for each two hundred sguare feet of gross floor area. (16) USE - Mortuaries PARKING SPACES REQUIRED - One for each fifty square feet of floor area of assembly rooms used for service. (XT) USE - Motor vehiclef machinery sales or wholesale storg? PARKING SPACES REQUIRED - One for each one thousand square feet of gross floor area or one for each five employees, whichever amount is greater. 423 (Carlsbad 10/15/72) STAFF RBPORT DATE: AUGUST 27, 1986 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP-291/V-377 - HALE - Return for documents on CUP-291 and request for approval of variance to allow parking in the frontyard setback. I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2560 as revised and Resolution No. 2598. II. DISCUSSION AND BACKGROUND The proposed conditional use permit was heard at the Planning Commission meeting of May 28, 1986. The Commission directed staff to process a resolution approving the project as well as a variance to allow one parking space to intrude into the frontyard setback which would eliminate the need for a street vacation on Walnut. Both resolutions are attached and the discussion on the findings for the variance is found in the following section. The staff report describing the original CUP is attached. Variance Findings The required findings for a variance relate to extraordinary circumstances which justify the request, preservation of property rights enjoyed by others, creating no adverse impacts to the General Plan, and resulting in no harm to the general public. As mentioned earlier, the variance is to allow one parking space to intrude into the frontyard setback. The extraordinary circumstance in this case, is the fact that the building is existing, which constrains the site - - it is not possible to get parking to the rear of the lot. It also should be recognized that part of the charm of bed & breakfast inns is utilizing existing buildings and as such, it may be difficult to make every site work for parking. The variance will allow future bed and breakfast ventures the same flexibility due to unique site constraints on other lots. In addition, there are other older buildings in the area where parking is provided in the front yard setback. The variance will have no impact to the General Plan and will preserve options to widen Walnut Street to provide parking, should the City decide to do that in the future. Thus, the findings for the variance can be made and staff recommends approval of CUP-291/V-377. For further information please see the attached staff report dated May 28, 1986. ATTACHMENTS 1) Planning Commission Resolution Nos. 2560 and 2598 2) Staff Report, dated May 28, 1986 with attachments 3) Revised Exhibits "A" to "E", dated August 13, 1986 NERrbn 8/11/86 -2- APPLICATION rinvri^rr "n SUBMITTAL 1 985 DATE STAFF REPORT DATE: TO: FROM: SUBJECT I . That the CUP-291, II. MAY 28, 1986 PLANNING COMMISSION PLANNING DEPARTMENT CUP-291 - HALE - Request for approval of a conditional use permit for a three-room bed and breakfast inn located at 320 Walnut Street in the beach area. RECOMMENDATION Planning based on Commission _ the findings ADOPT Resolution No contained therein, 2560 DENYING PROJECT DESCRIPTION The applicant is proposing to renovate an existing two-story house into a bed and breakfast inn at 320 Walnut Street in the beach area. The proposed project would offer three rooms for overnight guests in addition to the manager/owner's unit. The building will have a nautical theme, characterized by a structural addition that looks like a lighthouse, open railings that look like ship's rails, and round windows that resemble portholes. An observation deck on the roof, with ocean views, will be available to guests, as well as a patio area in the backyard and a common living/dining room on the first floor of the inn. The building will be painted a light gray with blue accents and trim. The proposed project is located in the beach area between Lincoln Street and the railroad tracks. The neighborhood has a mix of residential uses, and also building types, ranging from older one- story single family homes to two and three-story apartment buildings. The proposed project is situated at a slightly lower elevation than surrounding buildings. The property is zoned R-3 and has a land use designation of Residential High (15-23 du's/acre). Bed and breakfast uses are permitted in the R-3 zone by a conditional use permit. The property also falls within the Beach Area Overlay Zone in terms of complying with building height requirements. Ill ANALYSIS Planning Issues 1. Does the proposed project meet the standards of the Carlsbad Zoning Ordinance? 2. Will the proposed project comply with the mandatory conditions for bed and breakfast uses as described in the next section? 3. Can the findings be made to grant a conditional use permit for the proposed project, mainly: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; b) That the site for the intended use is adequate in size and shape to accommodate the use; c) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. 4. Is the project compatible with surrounding land uses? DISCUSSION ZONING ORDINANCE Several sections of the ordinance are applicable to the proposed project, i.e. the R-3 requirements relating to permitted uses, setbacks, and lot coverage; the Beach Area Overiay standards for building height; and the conditional use permit section for conditions pertaining to the type of structure and location, size, parking, and operational requirements. As mentioned earlier, bed and breakfast uses are permitted with a conditional use permit in the R-3 zone. Setback requirements for the front, side and rear yards are 20, 6 and 12 feet, respectively. The proposed project meets these requirements. Building coverage is 25 percent, less than the 60 percent maximum. The Beach Overlay Zone limits building height to two stories or 25 feet, whichever is less. The inn is only two stories high and also meets the 25-foot height limit, which is that height measured from the base of the building to the midpoint of the roof. It is noted that the second story (above the entry doors) is completely open inside -- the architectural feature on the top of the roof functions as a skylight for one of the guestrooms. The proposed roof of the new addition will be eight feet higher than the existing flat roof. The observation deck is not considered a story by building code because there is no roof above it. -2- Specific standards or conditions for bed and breakfast uses recently were adopted by the City. The applicable conditions relating to the daily operation of the facility, exterior lighting, kitchens and length of stay are included in the conditions of approval for the project. 1) Bed and Breakfast Requirements The bed and breakfast use must be located within an historically or architecturally interesting structure which is located in a scenic or other area of the City with a distinct character. Between three and six guestrooms must be provided as well as a common room for social interaction. Staff believes the building when renovated, will be architecturally interesting with its nautical elements. The image that typically comes to mind when one thinks of a bed and breakfast inn is the old Victorian house. However, many other types of houses have been used to create bed and breakfast inns. In addition, the decor of the inside of the house is just as important as the outside -- each of the guestrooms in the proposed project will be individually decorated in nautical themes. The inn will be located in a scenic area which is the beach; guests will be able to walk to the beach and to downtown. As mentioned earlier, the inn will have three guestrooms upstairs and a common room downstairs by the dining room which will provide an opportunity for guests to meet one another, etc... 2) Parking Requirements Parking spaces must be provided at a ratio of two spaces for the owner/manager, plus one space for each guestroom, for a total of five spaces (one of which must be covered) for the proposed project. The applicant did find five spaaaces on site but only four spaces work well from a design standpoint. The project has been in-house since last November and when submitted, followed the standards in effect at that time, which was one space per unit. The original design had five parking spaces and four guestrooms plus a manager's unit. When the fifth space was determined unworkable, one of the guestrooms was eliminated. It is acknowledged that parking is a problem in the beach area. Presently, a land use and traffic study is being conducted to look at parking, circulation and land use issues. However, the difference between the old and new standards as they apply to this project is not significant. Staff feels that the applicant has tried to process this project in a timely manner but was not able to reach the Commission before the new ordinance was passed. As a result parking will be inadequate. It is pointed out that if the City wants bed and breakfast uses to locate in Carlsbad, utilizing existing buildings which offer the charm of a bed and breakfast inn, it may be difficult to make every site work for parking. As it stands, however parking is one space short of what is required. Conditional Use Permit Findings: 1. Staff believes the requested use is desirable for the development of the community, as established recently by approval of guidelines for bed and breakfast inns by the Planning Commission and the City Council. In this particular case, the use will be compatible in the R-3 zone where it is located, where there are both single and multi-family residences. Aesthetically, the renovations will be an improvement to the existing duplex and would be an asset to the immediate neighborhood. 2. Staff believes the proposed site is adequate in size and shape to accommodate a bed and breakfast use. Building coverage is 25 percent, allowing much of the site to remain as landscaped yards and a patio area. The location of the existing building, however, precludes the use from attaining the required five parking spaces. 3. The finding can be made that appropriate yards, setbacks, walls, fences and landscaping are provided so that the use fits in with existing and future permitted uses in the neighborhood. Setback requirements have been met and a six- foot high wood fence will be located along the side and rearyards. The applicant will be required by condition of approval to maintain the landscaping. As mentioned, the only requirement which is not adequate is parking. 4. Staff feels that the street system serving the proposed use is adequate to handle all traffic generated by the bed and breakfast use. Utilizing a hotel/motel trip generation rate, 40 trips will be generated by the proposed inn; this value assumes full occupancy and includes service trips, so it is a conservative, or high estimation. The existing duplex generates 20 trips per day; the additional 20 trips would not have a significant impact on the local road network. Local roads in the project area are constructed in a grid pattern which will allow motorists several alternate routes to reach Carlsbad Boulevard; thus, traffic will balance out among several intersections. A traffic report is attached. Compatibil ity with Surrounding Uses As mentioned in the Project Description, there are a variety of housing types found in the immediate vicinity. The bed and breakfast inn will fit comfortably in the neighborhood because it will retain its appearance as a smaller scale residential project. Visually, the renovated building will not dominate the area because it is situated in a "low spot" in the neighborhood. From Lincoln Street, a three-story apartment project to the east of the site is the dominant feature. From Walnut Street, two large palm trees in the frontyard practically hide the one-half of the existing duplex. The appearance of the proposed building actually will be diminished by the palm trees. -4- In conclusion, staff believes the proposed bed and breakfast inn could be an asset to the beach community where it is located, if adequate parking can be found. It meets all other standards of the Carlsbad Zoning Ordinance. Based on a lack of parking the findings for a conditional use permit cannot be made. Staff is recommending denial of CUP-291. IV. ENVIRONMENTAL REVIEW This project is categorically exempt from environmental review per Section 15303, Class III (Conversion of Small Structures), of CEQA. ATTACHMENTS 1. Planning Commission Resolution No. 2560 2 . Vi ci ni ty Map 3. Location Map 4. Background Data Sheet 5. Disclosure Form 6. Exhibits "A" - "E", dated May 2, 1986 7. Traffic Report NER:ad 5/2/86 •5- •VICINITY MAI* O MAPLE AVE I 1 I I I I I 1 CHESTNUT AVE HALE CUP-291 0.OCATION Mfi^ z o o site O > cn > cn WALNUT ST 0) "n 30 3] •-3 cn > cn 1-3 cn > cn HALE CUP-291 BACKGROUND DATA SHEET CASE NO: CUP-291 APPLICANT: HALE REQUEST AND LOCATION: Request for approval of a CUP for a 3-room bed and break- fast inn at 320 Walnut Street. LEGAL DESCRIPTION: Northeasterly 60 feet of the southwesterly 120 feet of Tract 219 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 16181. APN 204-132-20 Acres .13 Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation RH Density Allowed 15-23 du/ac Density Proposed N/A Existing Zone R-3 (Beach Area Overlay) Proposed Zone R-3 (Beach Area Overlay) Surrounding Zoning and Land Use: Zoning Land Use Site R-3 Duplex North R-3 SF, MF South R-3 MF East R-3 SF, MF West R-3 SF, MF PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's N/A Public Facilities Fee Agreement, dated December 11, 1985 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, CEQA Exempt, Section 15303, Class III, Conversion of Small Strutures DISCLOSURE FORM APPLICANT: BoP^T ^ <CeL&7^ Name (individuad, partnership, joint venture, corporation, syndication) Business Address ' AGEin?: (?/ii) 171^-/m Telephone Nimber Business Address Tele] MEMBERS: Nantes^ndividual, partner, joint venture>sCorporation, syndication) Home Address Telephone Nianber Name Telephone Number Home ddress Business ^k3dress Telejiione Number Telephone Number (Attach more sheets if necessary) The a^lican^ is required to apply for CoastaJ. CcMsnission Approval if located in the Coaistal Xone. I/Vfe declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will ranain true and correct and may be relied t^xjn as being true and cx>rrec± until amended. BY Agent, Owner, Partner SCHATZMANN, THOMPSON & ASSOC., INC. 1010 Linda Vista Drive Suite 203 San Marcos, CA 92069 (619)744-1371 SURVEYING, CIVIL & TRAFFiC ENGINEERING November 11, 1985 Mr. & Mrs. Bob Hale 5051 Gaviota Avenue Encino. Ca. 91316 Re: Traffic Study for Bed and Breakfast Located at 320 Walnut Avenue Dear Mr. Hale: Per your request, we have conducted a traffic study on your project located at 320 Walnut Avenue, in the City of Carlsbad. The proposed project is to convert an existing duplex dwelling to a four bedroom bed and breakfast establishment with an additional unit provided for live-in managers. The project is located in the northwest portion of the City of Carlsbad and is located between Carlsbad Boulevard and the railroad tracks, south of Elm Ave. The project location is shown on Exhibit 1. The proposed project layout is shown on Exhibit 2. The site is presently occupied by a dwelling. The trip generation rate for would be 10 t ends. The proposed use a four bedroom ip ends per unit or a dally total of duplex residential this type of usage 20 trip bed and breakfast faciity with a manager's unit would have a trip generation rate of 10 trip ends per bedroom. This would produce a daily total of 50 trip ends. The value of 10 trip ends per bedroom would be the same as used for a motel or hotel usage. This value should be on the conservative side as the bed and breakfast will probably generate a smaller number of trips. The value of 10 trip ends per bedroom used for a motel or hotel also includes service trips such as maids, laundry, etc. Much of the service trips associated with this project will probably be done by the managers which will decrease the total number of trips associated with this project. This value would also represent the expected generation with full occupancy. Most room rental establishments operate on a vacancy factor so the values contained in this letter would represent the upper limit. The actual daily trips will vary through the days of the week and seasons of the year. The proposed land use would generate approximately 30 trip ends per day more than the existing use. In this analysis the trips associated with the proposed project will be the additional trips as the 20 trip ends associated with the existing use are already utilizing the circulation network. The General Plan designation on this parcel of land would allow between 15 and 23 dwelling units per acre. This would allow two to three dwelling units. The proposed use will have a higher generation value than the allowable General Plan des ignat ion. As the proposed trips associated the Carlsbad area, the project area downtown portion attracted trips use is an attractor of trips some of the with this use will already be attracted to Many of these tourist trips are already in due to the proximity to the beach and the of the City to the proposed project. These will further reduce the additional trips loaded to the adjacent circulation system. As the project is located on the westerly side of the railroad tracks all of the trips associated with this project will be directed to Carlsbad Boulevard. Once on Carlsbad Boulevard the trips will be split with approximately 65% of the trips assigned northerly and the remainder southerly. The additional trips associated with this project will account for approximately 0.2% of the total volume on the surrounding major roads. This additional traffic will not even be noticible and should not cause any significant change in the traffic flows. The local roads in the project area are constructed in a grid pattern which will allow motorists In this area several alternate routes to reach Carlsbad Boulevard. Due to this feature the traffic will balance out amoung the several intersections and the additional trips would not have a significant impact on the local road network. From this analysis it would appear that the proposed project will create a small Increase In the total trips generated and these trips will be dispersed rapidly onto the circulation system. There would be no significant increase in any of the major roads in the project area due to the small number of vehicles associated with this project. The area adjacent to the project will be able to accept the additional trips due to the grid design of the street network and the small number of trips loaded by this project. The trip generation factor used for this project should be conservative and represent the upper limit with the actual trip generation for this project will probably be less which will further minimize the impact of this project. For the above reasons it would appear that this project would not cause any significant traffic impacts and no mitigation measures would be required. If you have any questions or need additional information regarding this topic, please feel free to contact me. Sincerely , Len Schatzmann Professional Engineer -COVERED I PARK IN G- -PARKING AREA- 20- WALNUT AVENUE 10' d SCHATZMANN. THOMPSON 4 ASSOCIATES SUnVCYIMa CIVIL A THA^FK: eNOtNCEfllNC PROJECT LAYOUT EXHIBIT 2