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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--.