HomeMy WebLinkAboutHDP 87-01B; VON PACKARD; Hillside Development Permit (HDP)W CITY OF CARLSBAD
L LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT t ter !K1TV
FOR PAGE 1 OF 2
(FOR DEPT
USE ONLY)
Master Plan
o Specific Plan
F1 Precise Development Plan
Fl Tentative Tract Map
Planned Development Permit
O Non-Residential Planned Development
Condominium Permit
Special Use Permit
Redevelopment Permit
O Tentative Parcel Map
O Administrative Variance
F1 General Plan Amendment
0 Local Coastal Plan Amendment
M Site Development Plan
Zone Change
F1 Conditional Use Permit
M Hillside Development Permit
PQ Environmental Impact Assessment
0 Variance
Planned Industrial Permit
Coastal Development Permit
Planning Commission Determination
0 List any other applications not specificed
c-i(r3)
2) LOCATION OF PROJECT: ON THE East SIDE OF Park Drive
(NORTH, SOUTH EAST, WEST)___ (NAME OF STREET) _ ___________________
BETWEEN Cove Drive AND Marina Drive
(NAME OF STREET) (NAME OF STREET)
I 3) BRIEF LEGAL DESCRIPTION:
4) ASSESSOR PARCEL NO(S). I 207-100-64 - I
5) LOCAL FACILITIES I 1 6) EXISTING GENERAL PLAN I RLM 7) PROPOSED GENERAL PLANlSame
MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING R-1 9) PROPOSED ZONING rsaine 110) GROSS SITE ACREAGE
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION
RESIDENTIAL UNITS 1 OF LOTS 1 Resid
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS 0
15) PROPOSED INDUSTRIAL J N/A 116) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
•r
N01t A PIWOSED PROJECT RE3UIRING ThAT NULMPEZAPPLICATIOMBEFUM MLT BE JBfFT IORTO.33O PJLA PROIC$ PROJECT
REQI1TR24G fl4% ONLY CM APRICAMON BE J$T BE MMMITMO MOR'Ø 4Q PJA FRM00016 8/90
FF L1o.00
I TOTAL FEE REQUIRED
I I
DATE FEE PAID
(/zc,/ 70 1
CITY F ALSi9
VflLP
DATE STAMP APPLICATION RECEIVED
RECEIPT NO. I f
CITY OF CARLSBAD W
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE [ 90%
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 1
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC r 10
20) PROJECT NAME: Von Packard 4435 Sunnyhill Drive
21) BRIEF DESCRIPTION OF PROJECT:
22) IN THE PROCESS OF RJ LG-.'HIS P
LI
CATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMIS DESIGNJ S7IEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROT IS THE4ÜBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
Von Packard Hofman Planning Associates
MAILING ADDRESS MAILING ADDRESS
P.O. Box 4517 2386 Faraday Suite 120
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92008 619-434-1013 Carlsbad, CA 92008 619-438-1465
I CERTIFYfl
?IVE
E LEcL OWNER I CERTIFY THAT I AM THE LEGAL OWNER's REPRESENTATIVE AND
AND TI3I ALIJ ? pEORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CX)RRECr O THE
S TR%E AND (1~HE BEST OF BEST OF MY KNOWLEDGE.
YNowLEDG
/ SIGNATURE A DATE
DATE I, 7/ ,f& o
* ** * * * * ***** ** * ******* * * * * * ** * *
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
j TICOR TITLöINSURANCE
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
925 "8" STREET SAN DIEGO, CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081
PRELIMINARY REPORT
NOVEMBER 14, 1990
H. VON PACKARD
P.O. BOX 4517
CARLSBAD, CA 92018
OUR ORDER NO. : 1172448 AMENDED
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 ON EXHIBIT A 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 AT 7:30 A.M. AS OF NOVEMBER 8, 1990
TITLE OFFICER: SUSAN RYKOWSKI TEL 619 544-6223
THEFORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY
TA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87)
( )/ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT ( I CLTA STANDARD COVERAGE POLICY - 1988
( ) ALTA OWNER'S POLICY (10-21-87)
THIS REPORT IS:
FORM 1 COVERAGE
AMENDED 1172448 PAGE
j TICOR TITIó INSURANCE
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
H. VON PACKARD AND ANN C. PACKARD, HUSBAND AND WIFE AS JOINT
TENANTS
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
FIRST INSTALLMENT : NOW DUE AND PAYABLE
SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY 1, 1991
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JULY 9, 1981
BY AND BETWEEN : RAYMOND D. SPANGLER, AS OWNER AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION
REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED : NOVEMBER 4, 1981, RECORDER'S FILE NO. 81-349644
3. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 4, 1982
BY AND BETWEEN : CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND
RAYMOND G. SPANGLER, AS HIS SOLE AND SEPARATE
PROPERTY
REGARDING : CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS RECORDED : JULY 21, 1982, RECORDER'S FILE NO. 82-223209
4. THE FOLLOWING RECITAL CONTAINED ON PARCEL MAP 12243:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER CAPACITY IS AVAILABLE
AT THE TIME OF APPLICATION FOR SUCH PERMITS AND WILL CONTINUE TO BE
AVAILABLE UNTIL TIME OF OCCUPANCY.
5. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : PARCEL MAP NO. 12243
FOR : PROPOSED RECIPROCAL PRIVATE ROAD EASEMENTS FOR COMMON
DRIVEWAY
AMENDED 1172448 PAGE 2
j TICOR TITLe INSURANCE
AFFECTS : THOSE PORTIONS OF PARCELS A AND B AS SHOWN ON SAID PARCEL MAP.
6. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED
PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: 86-4
CITY OF : CARLSBAD
RECORDED: AUGUST 31, 1986, RECORDER'S FILE NO. 86-123379
7. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT EXECUTED BY : RAYMOND G. SPANGLER AND H. VON PACKARD AND ANN C.
PACKARD
RECORDED : AUGUST 3, 1987, RECORDER'S FILE NO. 87-435460
RESTRICTIONS, IF. ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED.
8. A COVENANT AND AGREEMENT AS REFLECTED IN AN INSTRUMENT EXECUTED BY : H. VON PACKARD IN FAVOR OF : CITY OF CARLSBAD
RECORDED : SEPTEMBER 14, 1987, RECORDER'S FILE NO. 87-518980
WHICH AFFECTS THE HEREIN DESCRIBED LAND AND WHICH AMONG OTHER THINGS
PROVIDES : AS FOLLOWS:
THE OWNERS PROMISE TO INDEMNIFY AND TO HOLD THE CITY OF CARLSBAD AND
ANY OF ITS AGENCIES OR EMPLOYEES HARMLESS FROM LIABILITY FOR INIJURIES
TO PERSONS, OR DAMAGE TO OR TAKING OF PROPERTY, DIRECTLY OR INDIRECTLY
CAUSED BY THE DIVERSION OF WATERS, THE ALTERATION OF THE NORMAL FLOW
OF SURFACE WATERS OR DRAINAGE, OR THE CONCENTRATION OF SURFACE WATERS
OR DRAINAGE FROM THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS INDENTIFIED
IN THE APPROVED PLANS; OR BY THE DESIGN, CONSTRUCTION OR MAINTENANCE
OF THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTIFIED IN THE APPROVED PLANS.
9. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED : NOVEMBER 10, 1988
AMOUNT : $200,000.00 TRUSTOR : H. VON PACKARD AND ANN C. PACKARD, HUSBAND AND WIFE TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION BENEFICIARY : BARBARA K. ALEXANDER, A MARRIED WOMAN AS HER SOLE AND
SEPARATE PROPERTY, AS TO AN UNDIVIDED 50 PERCENT
INTEREST, AND ESTHER BOSWORTH, A WIDOW, AS TO AN
UNDIVIDED 50 PERCENT INTEREST RECORDED : NOVEMBER 22, 1988, RECORDER'S FILE NO. 88-599336
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : BARBARA K. ALEXANDER, A MARRIED WOMAN AS HER
SOLE AND SEPARATE PROPERTY
BY ASSIGNMENT DATED: FEBRUARY 27, 1989
RECORDED : MAY 4, 1989, RECORDER'S FILE NO. 89-236825
10. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE,
IN FAVOR OF THE UNITED STATES OF AMERICA, FILED IN THE OFFICE OF THE
DISTRICT DIRECTOR OF INTERNAL REVENUE.
DISTRICT : LAGUNA NIGUEL, CALIFORNIA
AMENDED 1172448 PAGE 3
: TICOR TIT14 INSURANCE
FEDERAL SERIAL NO. : 3301-2807
TAXPAYER : H. VON & ANN PACKARD
CLASS OR TYPE OF TAX : 1040
AMOUNT : $234,822.40 RECORDED : AUGUST 1, 1990, RECORDER'S FILE NO. 90-419608
NOTES
A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A
DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A
"PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT,
SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF
THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT
A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO
REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED
SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNIA IS
EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY
ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES,
CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM
DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY
THESE FUNDS ARE MADE AVAILABLE .10 THE DEPOSITOR PURSUANT TO PART 229
OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC ). UNDER REG. CC , ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE
AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS
DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED
DELAYS IN THE CLOSING OF THE ESCROW.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE
FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT
RESTRICTIONS MANDATED BY THIS LAW.
C. TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
FIRST INSTALLMENT
SECOND INSTALLMENT
1990-91
09000
207-100-64
$132,651.00
$756.75, UNPAID
$756.75, UNPAID
AMENDED 1172448 PAGE 4
:i TICOR TITLe INSURANCE
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF PRACEL A AND PARCEL B IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP
THEREOF NO. 12243 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 16, 1982 AS FILE NO. 82-219553 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PRACEL B; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL B SOUTH 15 0 03'20" EAST 462.16
FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 71 °46'45" WEST
217.29 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL A; THENCE
ALONG THE BOUNDARY OF PARCEL A SOUTH 15 0 10 1 30" WEST 200.00 FEET TO A
POINT IN THE NORTHEASTERLY SIDELINE OF PARK DRIVE AS SHOWN ON SAID
PARCEL MAP; THENCE ALONG SAID NORTHEASTERLY SIDELINE NORTH 46 0 08'27"
WEST 34.20 FEET; THENCE LEAVING SAID SIDELINE OF PARK DRIVE AND
CONTINUING ALONG THE BOUNDARY OF SAID PARCEL A, NORTH 15 0 10'30" EAST
166.94 FEET; THENCE NORTH 26 0 57'45 WEST (RECORD NORTH 26 0 58'00" WEST)
30.00 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL A,
SAID POINT BEARS SOUTH 26 0 57'45" EAST (RECORD SOUTH 26 0 58'00" EAST)
261.95 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL A; THENCE
LEAVING SAID BOUNDARY OF PARCEL A, NORTH 63002h15u EAST 51.03 FEET TO
A POINT IN THE BOUNDARY OF SAID PARCEL B; THENCE ALONG THE BOUNDARY OF
SAID PARCEL B AS FOLLOWS: NORTH 1 0 58'03 WEST (RECORD NORTH 1°57'47"
WEST) 178.72 FEET; THENCE NORTH 26 0 57'45" WEST 143.97 FEET. (RECORD NORTH 26 0 58'00 WEST 144.00 FEET); THENCE NORTH 43 0 51'48" EAST 229.73
FEET (RECORD NORTH 43 0 51'33" EAST 229.77 FEET) TO THE MOST NORTHERLY
CORNER OF SAID PARCEL B AND THEPOINT OF BEGINNING.
AMENDED 1172448 PAGE 5
: TICOR TiTle INSURANCE
EXHIBIT A
Printed Policy Exceptions and Exclusions
ALTA RESIDENTIAL POLICY (6-1-87)
The Exclusions and the Exceptions of the ALTA Residential Policy * that result in no loss to you
form recite that you are not insured against loss, costs, attorneys
fees, and expenses resulting from: * 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 Exclusions Risks
1 Governmental police power, and the existence or violation of 4 Failure to pay value for your title. any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning 5 Lack of a right: • land use
• improvements on the land * to any land outside the area specifically described and
• land division referred to in Item 3 of Schedule A
or
* environmental protection
* in streets, alleys, or waterways that touch your land
This exclusion does not apply to violations or the enforcement of
these matters which appear in the public records at Policy Date.
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 exercising the right appears in the public records on
the Policy Date
* the taking happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
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
This exclusion does not limit the access coverage in Item 5 of Covered
Title Risks.
Standard Exceptions
(a) Any rights, interests or claims of parties in possession of the
land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of the Covered
Title Risks.
(c) Any facts about the land which a correct survey would disclose
and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12 of
Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
ALTA LOAN POLICY (10-21-87)
WITH ALTA INDORSEMENT FORM 1 COVERAGE
The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(C) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage
over any statutory lien for services, labor or material, or to the extent Insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4 (inenforceablllty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5 Invalidity or unenforceablllty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and Is based upon usury or any consumer credit protection or truth in lending law.
6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien
of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to
Date of Policy and Is not financed In whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of
Policy the insured has advanced or is obligated to advance.
AMENDED 1172448 PAGE 6
(continued on next page)
T1COR TITLA INSURANCE-
CLTA STARD COVERAGE POLICY-1988
The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now
or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any
parcel of which the land Is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or
a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred prior
to Date of Policy which would be binding on the rights of a
purchaser for value Without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy,
but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. ljnenforceability of the lien of the insured mortgage because
of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness,
to comply with the applicable doing business laws of the state
in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,
or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer
credit protection or truth in lending law.
Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will
not pay costs, attorneys' fees or expenses) which arise by reason of:
Part
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, 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 ascertained by an inspection
of the land or which may be asserted by persons in possession
thereof.
3. Easements, liens or encumbrances, or claims thereof, which are
not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (C) water
rights, claims or title to water, whether or not the matters
excepted under (a),(b) or (c) are shown by the public records.
6. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by making
inquiry of the lessors in the lease or leases described or referred
to in Schedule A.
7. The effect of any failure to comply With the terms, covenants
and conditions of the lease or leases described or referred to
in Schedule A.
ALTA OWNER'S POLICY (10-21-87)
The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed
In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(a) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest Insured
by this policy.
Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009
AMENDED 1172448 PAGE 7
PE!D FROM
CITY OF CARLSBAD
1200'CARLSBAUOILLAGE DRIVE CARLSBAD, CKLIFORNIA 92008
438-5621
DATE
(J2 )rlI
ACCOUNT NO DESCRIPTION AMOUNT
01 AIX
Misc 1(000
RECEIPT NO. 3426 TOTAL
CITY OF CARLSBAD
1200 ELM WENUE CARLSBAD, CALIFOWA 92008 (J(
4385621
REC'D FROM YY \ I\LJ 9995p/90 OD01 01 02
ACCOUNT NO. DESCRIPTION AMOUNT
RECEIPT NO. 101816 TOTAL
.LIty of (;jpLLs b a d
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
H. Von Packard ,4 C. P.O. Box 4517
Carlsbad, Ca 92008
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved. H. Von Packard P.O. Box 4517
Carlsbad, Ca 92008
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an(
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
(Over)
w .. a
Disclosure Statement Page 2
S. Have you had more than $250 worth of business transacted with any member of City staff, Board:
Commission,ommthees and Council within the past twelve months?
Yes - No 4 If yes, please indicate person(s)________________________________________________
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, district or other political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach ional
Siature of OwnerIate
as necessary.)
H. VON PACKA1D H. VON PACKARD
Print or type name of owner Print or type name of applicant
4 $
LEGAL DESCRIPTION.
PARCEL B OF PARCEL MP NUMBER 12243 FUJED
IN THE OFFICE OF THE (DUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 16, 1982
$
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) )
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No. 207-100-64
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 12 day of NOVEMBER , 19 90...
by and between H. Von Packard -
(Name of Developer-Owner)
aindividual , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is P.O. Box 4517 Carlsbad, Ca 92008
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
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 3-1-88
.. $
içi Fmily ccnrc
on said Property, which development carries the proposed name of VON PACKARD
4435 SUNNYHILL DRIVE.
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the 20 day of November , 1990,
with the City a request for _Hillside Develotrnent Permit for changes in
grading amounts to create a pad for a single family residence.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires
that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall
not be approved (said element is on. file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by
this reference, and that the City's public facilities and services are at
capacity and will not be available to accommodate the additional need for
public facilities and services resulting from the proposed Development; and
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 help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public
facilities fee.
REV 3-1-88 2
NOW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion of existing building or structures into
condominiums In an amount not to exceed 3.5% of the building permit valuation
at the time of conversion. The fee for a condominium conversion shall be paid
prior to the issuance of a condominium conversion permit as provided in Chapter
21.47 of the Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction permits", "other
construction permit" and entitlement of use" as used in this agreement, except
in reference to mobile home sites or projects, shall not refer to grading
permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid prior to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
REV 3-1-88 3
0 $
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 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 this paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If the
fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and the development will not be consistent with
the General Plan and any approval or permit for the Development shall be void.
No building or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
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 service sufficient to accommodate the needs
to the Development herein described.
REV 3-1-88 4
0 $
6. All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mail, addressed to the City
at the address set forth herein, enclosed in a sealed envelope, addressed to
the City attention of the City Manager, postage prepaid and certified.
7.2 If notice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer •City herein shall be deemed to be
references to and include their respective successors and assigns without
specific mention of such successors and assigns. If Developer should cease to
have any Interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's obligations
hereunder.
9. This agreement shall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
REV 3-1-88 5
OFFICIAL SEAL
LORAINE K NAURESS
NOTARY PUBLIC • CALIF
PRINCIPAL OFFICE IN
My
SAN DIEGO COUNTY
Commission Expires April 14,199
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s?'hose name(i/a.seub-
scribed to the within instrument and acknowledged to me that
he/s.b -executed the same.
WITNESS my hand and of i1.seal.
'(This area for official notarial sea])
. $
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By: By:
MARTIN ORENY4AK
(Title)
For City Manager
By:
(Title)
C
Ca 0.
E 0 0
a)
I-
C CS C.)
11)
E
Ca
U-
(S
'0
>
C
c'J 0
(,0
0 0 0)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OFAL FIJf Diego 55.
COUNTY OF
On November12, 1S_9O__.._..._ . .before me. the undersigned, a Notary Public in and for
said State personally appeared H.Von Packard - - e attached.)
S $
EXHIBIT OA N
LEGAL DESCRIPTION
PARCEL B OF PARCEL MP NUMBER 12243 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 16, 1982.
REV 3-1-88 7
December 20, 1990
Gary Wayne
City of Carlsbad
Planning Department
2075 Las Palmas Dr.
Carlsbad CA. 92009
SUBJECT: Request for Modification to Hillside Development and Design Standards. Section
21.95.060.
Dear Mr. Wayne:
I am writing this letter to formally request a modification to the Hillside Development and
Design Standards of Section 21.95.060 (j) (1) of the Carlsbad Hillside Development Ordinance
for certain graded slopes on my property which exceed 30 feet in height.
The site had unusual soil conditions that necessitated corrective work. The corrective work
required to remove the unusual soil conditions resulted in slope heights in excess of 30 feet.
The graded fill slopes in excess of 30 feet occurred when a pocket of compressible alluvium
soils was encountered at the base of the site's western fill slope. The removal of the alluvium
was required to establish an adequate "keyway", or point of stability, at the toe of the fill slope
(see attached letter). The original soils report performed by Southern California Soils had
identified the potential presence of two pockets of alluvium soil extending down the central and
northern portion of the western fill slope. The subsequent removal of the compressible alluvium
soils along the western slope produced slopes up to 35 feet in height at two isolated locations
(see Hillside Development Permit Plan).
Since the grading of the site, all exposed slopes have been heavily vegetated and landscaped to
eliminate erosion and to screen and enhance the visual impact of the site. A detailed landscape
plan and accompanying photos of the site are being submitted as part of the Hillside
Development Permit Amendment application package. The Landscape Plan and photos illustrate
the mitigation measures and landscaping used to screen the grading. Since the landscaping has
already been planted on the site and is well established, I will not be submitting a certificate of
deposit to the City as identified in Section 21.95.070 (4) (c) of the Carlsbad Hillside
Development Ordinance.
Accompanying this letter is the application for the Hillside Development Permit Amendment.
Included in the application package is the project's "Approved" plan which illustrates how the
site would have been developed in strict adherence to the requirements of Section 21.90.060.
S
a S $
The project's "As Built" plans illustrate the extent of the slope height modification. A detailed
soils report is included within the application package. I believe that the unusual soil conditions
encountered during grading necessitated the additional grading which produced the slopes in
excess of 30 feet. I hope that the City considers the small size of the site and the unique
circumstances of the project when they are evaluating the request for a modification to the
hillside development standard for slopes in excess of 30 feet in height. Thank you very much
for your attention to this matter.
erel
H. Von Packard Jr.
cc: Jeff Gibson
Dave Hauser
. $
C CATLIN ENGINEERING, INC.
P.O. Box 4225
La Mesa, California 92044-0970
(619) 588-8500
ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS AUTHORIZATION FOR PUBLICATION OF OUR REPORTS. CONCLUSIONS, OR EXTRACTS
FROM OR REGARDING THEM IS RESERVED PENDING OUR WRITTEN APPROVAL AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES
Mr. Von Packard April 13, 1989
P.O. Box 4570
Carlsbad, California 92008
Subject: Project No. 14B5C(1)
Slope Stability Analysis and Grading in
Open Space Easement
Proposed Single Family Residence
4435 Sunnyhill Drive
Carlsbad, California
Dear Mr. Packard:
In accordance with your request, this letter presents the results of our slope
stability calculations and summarizes the events surrounding the grading that
penetrated the open space easement on the west side of the subject site. This
property was previously referred to as 4415 Sunnyhill Drive. More
particularly, this property is referred to as Assessors Parcel No. 207-100-55
In the City of Carlsbad, State of California.
Southern California Soil and Testing Inc. previously performed a soils
investigation for the subject property, the results of which were presented in
reports and addenda dated February 20 and March 6, 1980, June 5, July 24,
August 12, and September 29, 1987, and March 7, 1988. Catlin Engineering Inc.
more recently observed and tested the placement of compacted filled ground on
the subject site, the results of which were presented in a report dated August
31, 1988.
We selected a sample of the least competent soils that compose the fill slope
on the west side of the site. We remoled this sample to 90 percent of its
maximum dry density. We tested this sample in drained direct shear, the
results of which are presented on the attached page C-i. We conclude from the
test data and our calcultations that fill slopes of this material may be
constructed at a gradient of 1.75 horizontal to 1.0 vertical or flatter up to
35 feet high with an adequate factor of safety. This conclusion relates to
the structural capability of the soils to resist massive rotational slope
failure and does not consider the superficial treatment that may be desired or
required for cosmetic reasons. This conclusion assumes that suitable erosion
control and proper drainage will be provided to prevent surface water from
saturating or running over the top of the fill slope.
We recommend that foundations and other improvements be set back from the top
of this fill slope a distance of at least 10 feet. We recommended that the
landscaping and drainage be designed and maintained according to the attached
Appendix L and that this appendix be passed on to the owners so that they may
maintain their property's value by affording the care set forth therein. We
especially recommend the use of complete eave gutters and downspouts that
discharge well away from unsupported slopes. Please note that Appendix L is
nDt peculiar to this property but rather a group of practical suggestions for
good property maintenance.
. $
PAGE 2 PACKARD/SUNNYHILL 14B5C(1) APRIL 13, 1989
Regarding the grading that encroached into the open space easement: excavation
of soils in this area was necessitated by the presence of compressible
alluvium. More specifically, an adequate keyway at the toe of this fill slope
could not be constructed without excavating into the open space easement.
We trust this letter provides the information you require at this time.
Page c-i and Appendix I are parts of this re ~oFESS/
Respectfully submitted,
CATLIN ENGINEERING IN
W-aA 4
Mark B. Catlin
Vice President RCE 40570
Distr. (3) Addressee (3)
MBC/dlb c
B.
?fM rIO. 405 7
Exp )/%
)
Om
$
PAGE C-i PACKARD/PA1K DRIVE 14B5C(1) APRIL 13, 1989
TEST RESULTS
The samples were remolded to field density tested In direct shear under
various loads, after being saturated and drained, in order to determine the
apparent cohesion and minimum angle of internal friction for these soils. The
results of these tests are presented below:
Normal Load
in kips/sq ft
1.15
2.30
4.60
Shearing
Resistance
in kips/sq ft
0.92
1.50
2.12
Apparent
Angle of Internal Cohesion
Friction Degrees lb/sq ft
20 500
A
I S
HILLSIDE DEVELOPMENT PERMIT
VON PACKARD, 4435 SUNNYHILL DR.
December 20, 1990
COMPLIANCE WITH THE LOCAL COASTAL PROGRAM:
AGUA HEDIONDA
Per Section 21.95.060 of the Carlsbad Zoning Ordinance, the project shall comply with the
requirements of the Aqua Hedionda Land Use Plan, of the Local Coastal Program. The Agua
Hedionda Land Use Plan is broken down into eight separate categories.
The applicant has addressed each category as it applies to his property.
1. Land Use
2. Agriculture
3. Environmental
4. Geologic Hazards
5. Public Works
6. Recreation/Visitor Facilities
7. Shoreline Access
8. Visual Resources
1. Land Use
Policy 1.1
The proposed residential land use of grading for one single family
detached unit is consistent with the Local Coastal Land Use of RLM.
Policy 1.2-1.8
not applicable
Policy 1.9
At this point in development, no structures are proposed for the site.
However, future structures on this site will be designed to be in
conformance with this policy.
Policy 1.10
not applicable
2. AGRICULTURE:
1
The site is not and will not be utilized for agricultural uses, therefore this section is not
applicable to the site.
3. ENVIRONMENTAL
The grading modification will not adversely effect wetland ecology of the Agua Hedionda
Lagoon. Following the grading, exposed slopes and surfaces were heavily landscaped
to avoid sediment erosion into the Lagoon.
4. GEOLOGIC HAZARDS
Policy 4.1
The project will be processed through a Hillside Development Permit and
a modification to the Hillside Development standards and designs for
slopes in excess of 30 feet in height. The project shall comply with the
requirements as set forth in the Hillside Development Permit.
Policy 4.2
No additional grading is proposed on this site.
The grading area was slightly enlarged by .06 acre to eliminate a pocket
of alluvium soils. The alluvium soils had to be remove to establish an
adequate "keyway" or point of stability at the base of the western fill
slope.
Grading has been completed and the site has since been heavily
landscaped.
Drainage facilities were constructed concurrent with grading.
The slopes were graded so as to direct runoff toward planned drainages
and toward natural drainages. Drains were installed so that storm water
would not flow over the tops of slopes.
Following grading, all exposed slopes and surfaces were landscaped to
prevent erosion.
Where feasible, the natural drainage swales and landform were preserved.
Policy 4.3
The project will provide for drainage improvements as identified in the
Master Plan of Drainage. The rate of runoff has been limited through the
use of subsurface drains.
2
I
Policy 4.4
a. On-site vegetation was slightly impacted beyond the minimal area
needed for construction as a result of fill dirt being pushed over
the southern edge of the pad. Also, the presence of alluvium soils
required additional grading that disturbed the border fringes of the
site's native vegetation.
b. As much as possible, the grading of steep slopes was restricted.
However, problems associated with alluvium soils increased the
overall grading of the slope area. The density proposed for the
site is within the requirements of the General Plan.
C. not applicable
5. PUBLIC WORKS
Policy 5.1
All utilities are placed underground.
Policy 5.2
The grading of the site provides a pad for a future single family unit. At
the time of construction of the future residence the parking standards of
the Carlsbad Zoning Ordinance will be followed.
Policy 5.3
The grading of the site makes it infeasible to park on Park Dr., the
nearest collector street.
Policy 5.4
The project does not propose a Street system.
Policy 5.5
not applicable
Policy 5.6-5.8
not applicable
Policy 5.9
a. The site will facilitate development occurring in a orderly fashion
since the site is an infill project within the urbanizing area.
b. The project is an infihl project within close proximity to urban
services.
3
11
. S
C. The project shall comply with dedications and required funding for
public improvements as required by the Local Coastal Program
and City of Carlsbad.
6. RECREATION
The project does not border the Lagoon and therefore does not provide any recreational
uses.
7. SHORELINE ACCESS
Policy 7.1
not applicable
Policy 7.2
A Pedestrian trail is located east on the site as shown on exhibit J of the
Agua Hedionda Local Coastal Program.
Policy 7.3
The pedestrian trail located east of the property has already been
developed.
Policy 7.4
not applicable
Policy 7.5
not applicable
Policy 7.6
The project site is not a shorefront property.
Policy 7.8
a. At this point no structures are proposed on the site, however future
structure will meet the requirements as identified in this policy.
b. The project site has been heavily landscaped to minimize visual
intrusion upon public use areas.
Policy 7.9 - 7.13
not applicable
8. Visual Resources
4
I $
Policy 8.1
The property has a long panhandle extension which borders Park Ave.
This narrow border will remain in native vegetation.
Policy 8.2
The project site is located below the vista point located north of Park Dr.
Adequate screening is provided by heavy landscaping to preserve and
enhance the views from Interstate 5.
Policy 8.3
not applicable
Policy 8.4
Future development of the single family residence shall comply with the
provisions of the Carlsbad Scenic Preservation Overlay Zone.
Policy 8.5 - 8.7
not applicable
5
HILLSIDE DEVELOPMENT PERMIT
• OR
HILLSIDE DEVELOPMENT PERMIT AMEENDIM
INFORMATION SHEET
GENERAL INFORMATION
This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If
you have any questions after reading this, please call the Planning Department at 438-1161 or
review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development Guidelines.
When a Hillside Development Permit is needed:
A Hillside Development Permit (HDP) is required when development is proposed on land with a
slope gradient of 15% or greater and a slope height of greater than 15 feet. Development means
building, grading, subdivision or other modification of a hillside area.
It is highly recommended that you, as an applicant: 1) review Chapter 21.95 and Chapter 11.06 of
the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading); and 2) discuss the
Hillside Development with a City Planner before submitting an application for a Hillside
Development Permit. The Hillside Development Permit should be submitted concurrently with any
permit or application for development of a Hillside area.
How your Hillside Development will be Processed
Generally the steps involved in reviewing your Hillside Development Permit application are as
follows:
A Hillside Development Permit application is submitted to the Planning Department
at 2075 Las Palmas Drive. The application must submitted with and reference
any other permit application such as a building or grading permit, tentative map,
etc. All maps submitted shall be folded to 81/2u x 11g. Information items required:
A completed Land Use Review Application Form.
b. Four (4) copies of the slope analysis - Include north arrow and scale (see
Section 21.95.020 of Carlsbad's Municipal Code). The slope analysis should
be the same scale as the site plan and grading plan.
Acres %
identify slopes (1) 0 to less than 15% slope 0
(2) 15% to less than 25% slope 0 0
(3) 25% to less than 40% slope 0 0
(4) 40% or greater slopes 0 0
Indicate the acreage of land in each slope category TOTAL 100%
FRM00011 11/90 Page 1of 5
% Si'-' = Vertical Distance x 100
Horizontal Distance
(Distance between contour intervals)
cL/ Four copies of the slope profile(s) - Include vertical and horizontal scale. A
minimum of three (3) slope profiles (slope cross sections) shall be provided
and indexed on the constraints map. See Section 21.95.020(b) of the
/ Carlsbad Municipal Code for additional requirements.
Assurance of slope analysis and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer or land surveyor indicating the datum,
source and scale of topographic data used in the slope analysis and slope
profiles, and attesting to the fact that the slope analysis and slope profiles
j have been accurately calculated and identified.
Four copies of a preliminary landscape plan on a 24" x 36" sheet(s) folded
to 8 1/2" x 11" size. The scale should be consistent with all other exhibits.
Each landscape plan shall contain the following information:
(1) Landscape zones per the City of Carlsbad Landscape Guidelines
Manual.
(2) Typical plant species, quantity of each species, and their size for each
planting zone in a legend. (Use symbols).
(3) An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone.
(4) Landscape maintenance responsibility (private or common) for all
areas.
(5) Percent of site used for landscaping.
f. Show with a site plan, grading plan, landscape plan, and building plans and
elevations how development fulfills the following Hillside Development and
Design Standards (21.95.060). Submit four (4) sets of each plan.
(1 " Coastal Zone Requirement (if applicable).
(2) Contour grading.
(3) Area or extent of grading. To define the area or extent of grading,
the area in acres, of both cut excavation and fill areas shall be
calculated. This calculation shall be noted on the particular cut or
fill area.
(4) Screening graded slopes.
(5) View preservation and enhancement.
(6) Roadway design.
(7) Hillside architecture.
(8) Hilltop architecture
(9) Hillside drainage
(10) Man-made slope height and volume of grading cut or fill. Volume
of earth moved for cuts and fills shall be minimized. The larger
volume of the total cut or total fill volumes divided by the total area
in acres that is cut and filled (that is graded) shall equal the volume
of hillside grading for this chapter. The relative acceptability of
hillside grading volume shall be determined by the following:
FRM00011 11/90 Page 2 of 5
C bic Yards of Cut or Fill
rading per Acre of
Cut and Fill Area (in Acres)
o - 7,999 Cubic yds./acre
8,000 - 10,000 Cubic yds./acre
> 10,000 cubic yds./acre
Stive Sensitivity of
Hillside Grading Volume
Acceptable
Potentially acceptable
Unacceptable
(11) If Sections 21.95.060(c)(2) and 0)(4) of the Carlsbad Municipal
Code are applicable to the proposed project please provide the
written findings required by those sections.
(12) Potential development and design standard modification. If
requesting a modification to the development and design standards
pursuant to Section 2 1.95.070 provide the necessary findings and
plans required by that section.
Environmental Impact Assessment Form (separate fee required).
h. Public Facility agreement: Two (2) copies: One (1) notarized original, and
one (1) reproduced copy. (separate fee required).
A completed "disclosure statement".
5/ Three (3) copies of a preliminary title report (current within the last six (6)
months).
If Hillside Development Permit is not accompanied by any other permit, also
include the following information on slope analysis: location, slope and
width of driveway, building setbacks, location of any retaining walls and
drainage systems.
2. A Planning Department counter person generally checks your application for
completeness. If your application is incomplete, it cannot be accepted. If your
application appears complete, it is accepted.
3. The Hillside Development Permit application is typically reviewed, processed, and
approved concurrent with the first permit or application you may have with the City
for that hillside area.
4. For approval of a Hillside Development Permit the following findings must be made:
a.
That hillside conditions and undevelopable areas of the project have been
properly identified.
1! That the development is consistent with the purpose, intent and
requirements of the Hillside Ordinance to:
(1) Assure hillside alteration will not result in substantial damage or
alteration of significant natural resource areas, wildlife habitats or
native vegetation areas;
(2) Preserve the natural appearance of hillsides by assuring that
development density and intensity relates to the slope of the land,
and is compatible with hillside preservation.
FRM00011 11/90 Page 3of5
6
(3) Assure proper design is utilized in grading, landscaping, and in the
development of structures and roadways to preserve the natural
appearance of hillsides.
(4) Preserve and enhance a healthful and aesthetically pleasing
environment by assuring that hillside development is pleasing to the
eye, rich in variety, highly identifiable, and reflects the City's cultural
and environmental values.
(5) Assure hillside conditions are properly identified and incorporated
into the planning process.
(6) Implement the intent of the land use and open space/conservation
elements of the Carlsbad General Plan.
(7) Prevent erosion and protect the lagoons from excessive siltation.
(8) Encourage creatively designed hillside development requiring a
minimal amount of grading.
(9) Reduce the intensity of development on hillside areas to ensure all
development that does occur is compatible with the existing
topography.
C. That hillside development is consistent with the Hillside Development and
Design Standards (21.95.60) and substantially conforms to the intent of the
concepts illustrated in the Hillside Development Guidelines Manual.
d. That development is consistent with the provisions of Section 21.53.230 and
240 of the Carlsbad Municipal Code.
FRM00011 11/90 Page 4 of 5
F. IDE DEVELOPMENT PERMIT CHEC}$1
COMMENTS
PROJECT NUMBER
Land Use Review Application Form
2. Slope Analysis (4 Copies)
3. Slope Profile (4 Copies)
4. Environmental Impact Assessment Form (Separate Fee required)
5. Site Plan, Grading Plans, Preliminary Landscape Plan, Building Plans, Elevations (4 each)
6. Disclosure Statement
7. Title Report (3 Copies)
8. Application Fees. (Planner to include Application Number and Account Number on receipt)
9. PFF Agreement (2 Copies) (Separate Fee Required) The ori ginal PFF Agreement with the
application number written in the lower right hand corner and one copy of the title report must be
sent to the City Clerk's Office by the Planning Department for review and recordation)
10. Planner to date stamp the application materials and plans. Application materials must be
given to data entry as soon as possible on the same day they are submitted.
DATE SIGNATURE
FRM00011 11/90 Page 5 of 5
. $
City of Carlsbad
J 1 0 i ii.Ii.ro •i_i,ii. •
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved,
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
• I
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes - No - If yes, please indicate person(s)
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or
combination acting as a unit?
(NOTE: Attach additional pages as necessary.)
Signature of Owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
FRM00013 8/90
. $ Policy No. 11
Effective Date 3/12,1 90
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
Fe nccs
DEFINITI O N S
Fence - A vertical harrier or enclosure constructed of any material which supports
no other load other than its own weight.
2. Wall - A solid fence.
3. Retaining Wall - A wall designed to resist the lateral displacement of soil or other
materials; said materials being substantially equal to the height of the wall. The term
11 wall' in Section 21.46.130 of the Zone Code and other applicable sections of the
code shall be interpreted to mean retaining walls in addition to solid fences.
4. Safety Railing - An open fence not to exceed 36" in height. The said openings,
between the materials of which the fence is constructed must not represent less than
70 percent of the total surface of each five foot linear section when viewed
perpendicular to the face of the fence.
5. The total height of all walls, fences, retaining walls, and combination fence/retaining
walls in a required setback shall not exceed the following limits:
A. In a required front yard setback, the total height shall not exceed 42 inches,
(Example - Two 42 inch retaining walls would not be permitted nor a 42 inch
retaining wall and another 42 inch fence).
B. In a required side and rear yard setback, the total height shall not exceed
6 feet, (Example - A 4 ft. retaining wall and a 5 ft. fence would not be
permitted because the total exceeds 6 ft).
C. Upon approval of the Planning Director, the total height shall not exceed
6 feet in a required street side yard. Otherwise, the total height shall not
exceed 42 inches in a street side yard. (This includes all combinations of
fences and retaining walls).
D. A 36 inch safety railing is required on top of all retaining walls that exceed
a height of 3 feet. The maximum height of the railing shall he 36 inches and
must confurin to the definition of a safety railing.
APPROVED BY:
MICHAEL J. LZLLER
Planning Director
J G : a
r'5Ip
JXr =j
-, 'r 1r
I; -
.'
(4/L/
(d) I-IS cMj vi TIT, C)
07 0u5 P0L,.\R0lLi>
L L!'cir(.d
ZN
U( UUb FVI..fli¼JlL4.
•)LP v-(
•:
T -
-
I
•
• ,•• •.4# ,.. ;
•/•* . • I . ,
• • '•:
.•J •.:.
lo
oo
- ••
U(UL)L
L
-
_--1--1
iL ...
F .,.
:.
4* •: - ,
1 rdF? •'
ow
A99t) -s
q flO-V1Od 9fl0 10
T?9
ii
't.
.4-N
:.
: .
ta
VIEW LOOKING NORTH ALONG TOP
OF SLOPE. NOTE THE VARIFTY IN
SLOPE DIRECTION AND (DN'flJUR
INTERVAL.
• a','
looking est down fill slope
View of site from the west.
Note screening provided by
trees bordering the graded
area.
a
VIEW LOOKING SOUTH FROM
NORTHERN PORTION OF PAD
Wi
VIEW LOOKING SOUTH FROM THE
PAD.
NOTE THE CURVED FENCE WHICH
FOLLOWS THE GRADE SLOPE
DIRECTION
F7
• 4i91i
I
VIEW FROM WEST OF PROPERTY
LOOKING AT THE WESTERN FILL
SLOPE
_____ U • TJ I
Ail l ei
4
'
4,
71 'I . /
LOOKING AT WESTERN FILL SLOPE
NOTE THE SCREENING PROVIDED BY
THE ADJACENT PROPERTY
Ak
• •, ,-
Willi
.:
c4:
4T ':
LOOKING AT WESTERN FILL SLOPE
NOTE THE EUCALYPTUS AT BASE
OF SLOPE
jj
ft c
TI
-.:
" •Y: ).
mu
kll
I
Cribwall located along
northeastern border of site.
VIEW LOOKING SOUTH AT WESTERN
FILL SLOPE. NOTE THE VARIETY IN
SLOPE DIRECTION AND CONTOUR
.4
*.
;
.y,
r:'
H
ZD
HH
44
VIEW LOOKING NORTH ALONG TOP
OF SLOPE. NOTE THE VARIETY IN
SLOPE bmECTION AND WNIOUR
INTERVAL.
!"
wo
!I 4
•~'.• i-•
• .
MEW
t -
looking west down fill slope
V'1
View of site from the west,
Note screening provided by
trees bordering the graded
area.
m
VIEW WOKING SOUTH FROM
NORTHERN PORTION OF PAD
LJ
'
mo
:!;ffiL
VIEW FROM WEST OF PROPERTY
LOOKING AT THE WESTERN FILL
SLOPE
•1
VIEW LOOKING SOUTH FROM THE
PAD.
NCII'E THE CURVED FENCE WHICH
FOLLOWS THE GRADE SLOPE
DIREO'TON
-'W-
Ail
AL •:
:
Lr.
LOOKING AT WESTERN FILL SLOPE
NOTE THE SCREENING PROVIDED BY
THE ADJACENT PROPERTY
:
1p
•
1,
iè4
,:
JIF *IS) JeWAV
NOTE THE EUCALYPTUS AT BASE
OF SLOPE
1
...
',
Cribwali located along
northeastern border of site
•:'
i•
7
,
A ;.. 41
*•'.
' ;.
VIEW LOOKING SOUTH AT WESTERN
FILL SLOPE. NOTE THE VARIETY IN
SLOPE DIRECTION AND CONTOUR.
1 4
•
r Am
.0
,,fl •
•fl
HH
44
%
&
T 37
Zj
:4
IZ6
OZ H E-1
'I r::
A
I
.4 i,.'kii •".r
.
.
:
,,.
:* !
;
. /l•
p
10-1
_
U
or , Ir
-..- •e .: -
: r
odl(~'
it~-
a mr
911,
40
0 .7
il.
:1!!
Liii
h
54 -~ 7le'.
r
N-
VIEW LOOKING FROM ThE WEST
TOWARD THE SITE
1i 1
ITIEW FROM CENTER OF PAD
LOOKING NOR
-V !r ..
k :r4
1;
;
011
VIEW OF PROPERTY FROM ACROSS
THE LAGOON
L!
MCM
t_ I
IL
!!V.,
L.)3KING FROM THE WEST
THE SITh
:
I, It J. . AN
.1
- * -
:
(
'
.S_
A?
:N ...
Its
MIMI
j.
.:
I
VIEW FROM CENTER OF PAD
LOOKING NORTH
!
I
.
I
M--.