HomeMy WebLinkAboutHDP 89-08; KORELICH 1; Hillside Development Permit (HDP), City of Carlsbad One Single
'2075Las Palmas Drive Family Home: No Charge
Carlsbad, CA 92009
(619) 438-1161 All Other Applications
Based on Project Site
Size:
PLANNING DEPARTMENT 0 - 1 Acres 50.00
HILLSIDE DEVELOPMENT PERMIT 0 - 10 Acres 100.00
10 - 100 Acres 200.00 APPLICATION FORM 100 Acres 400.00
Complete Description of Project (attach additional sheets if necessary)
•''Nø f/rflhih,' '1L -
Location of Project
O,t/&t/luI ' ,, W~m-',
Permit/File Numbers Associated with this Project
J S
Lega! Description (complete)
f*L 3 :2P vct-. ,i'/Ai ,V- /2T ', IA' 7
ot*= 7WP 40UXI'y /Pe 54P 21 P66 Coo,uTcy ,ti
i' / 9ft A /i- N $ 71
Local Facility Managment Zone Assessors Parcel Number
.. 146-
Zone General Plan Existing Land Use fl-I -f-1 /cL.frl r-
Proposed Zone Proposed General Plan Site Acreage
,v/, g /_ J,%07 77q0
Owner Applicant
Name (Print or Type) Name (Print or Type)
Mailing Address Mailing Address
7(77
City and State Zip Telephone City and State Zip Te!ephonE
4
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDGE. I A AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNATURE DATE SIGNATURE DATE
Date Appli a _ Received By Fees Received Receipt No.
PRbJECt NUMBER (5)
t7L/)P S>9
S
HILLSIDE DEVELOPMENT PERMIT
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 Development Processing counter at 438-
1161 or review Chapter 21.95 of the Carlsbad's Municipal Code.
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 of the Carlsbad Municipal Code (The Hillside
Ordinance) 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 Permit will be Processed
Generally the steps involved in reviewing your HDP application
are as follows:
1. A Hillside Development Permit application is submitted
to the Development Processing counter at 2075 Las
Palmas Drive. The application must be 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 8-1/2" x 11".
Information items required:
(a) A completed Hillside Development
Permit Application Form
J7(b) Four copies of the slope analysis
(see Section 21.95.020 of
Carlsbad's Municipal Code)
Identify slopes 1. 0 to less than 15% slope
2. 15% to less than 25% slope
3. 25% to less than 40% slope
4. 40% or greater slopes
S
%Slope=
(Distance
(c) Four cop!
(d) Assurance
accuracy
S
Vertical Distance x 100
Contour interval)
Horizontal Distance
between contour intervals)
s of the slope profile(s)
of slope analysis and slope profile
) Show with a site plan, grading 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 Requirements (if applicable)
2. Contour grading
3. Area or extent of grading
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
11. Potential development and
design standard
modification
A completed "disclosure statement"
(g) Two copies of a preliminary title report.
2. A Development Services 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:
-2-
(a) That hillside conditions and undevelopable areas
of the project have been properly identified.
(b) 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.
(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 en' ironmental 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.
-3-
(C) That hillside development is consistent with the
Hillside Development and Design Standards
(2 1.95.60) 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.
Arnea1
If your Hillside Development Permit is denied, you may appeal the
decision of:
1. The Planning Director to the Planning Commission
2. The Planning Commission to the City Council
LBS : af
MIC
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to complete
this disclosure form at the time of submitting their application. When this form
has been completed and signed, the information will be relied upon by them
in determining if a conflict may exist, so please ensure that all of the
information is completed and accurate. If at anytime before a final action on
your application has been rendered, any of the information required by this
disclosure changes, an amendment reflecting this change must be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please state -
the full legal name of the partnership or joint venture, its legal address and
the name and address of each individual person who is a general and/or limited
partner or member of the joint venture.
Should one or more of the parties be a privately held corporation (10
shareholders or less) or a real estate syndication, then please indicate the
state of incorporation or syndication, corporate number, date of incorporation
or syndication, corporate or syndicate address, and the full names and
addresses of each individual shareholder or syndicate member. Should the
corporation be a publicly held corporation, then state the full name and address
of the corporation, the place of its incorporation, number of shareholders,
and the name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
DISCLOSURE FORM
APPLICANT: J'//',' c/P.
Name (individual, partnership, joint venture, corporation, syndication
ibo 7 i.A z 0XVIVA
'
/_C-'a4. 9 ,?
Business Address
£;f9 g2cs
Telephone Number
AGENT:
Business Address
Tele ~7; Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct an1d V be relied upon
as being true and correct until amended. /1
BY
Agent, Owner, Partner
4 S 0 WESTLAND TITLE COMPANY
4660 La Jolla Village Dr. Suite 100, S.D., California 92122 (619) - 535-2000
(619) - 942-9963
(619) - 489-0552
IV *0010 140 19 F.1 I
ISSUED TO: ESSEX ESCROW YOUR Ifl. 3272
988 ESCONDIDO AVENUE #B OUR NO. 103503-1
VISTA, CA. DATE: 06/07/88
ATTENTION: PAM MURPHY AMENDED
UPDATED
'/L,
1?4? C,ø I 9 20
In response to your above referenced application for a Policy of Title
Insurance, Westland Title Carpany 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 fran coverage pursuarrc to the printed
Schedules, Conditions and Stipulations cf said Policy forms.
The printed Exceptions and Exclusions fran the coverage of said Policy
or Policies as set forth in 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 AS OF May 27, 1988
At 7:30 A.M.
The form of Policy of Title Insurance contemplated by this report is:
(X) California Land Title Association Standard Coverage Policy.
( ) American Land Title Association Loan Policy.
fnerican Land Title Association Re3ic1tia]. Title Insurance Policy.
) American Land Title Association Ocer's Policy For.n B.
1ES34 TITLE CPN /
BL/L L.
yv TEVF S/WADE STCCKWELT
TITLE OFFICERS
S
ORDER O.: 103503-1
The Estate or interest in the land hereinafter described or referred to
covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
KENNETH I. BENSON AND VICI1ORIA BENSON as Trustees of the Benson Family Trust dated
December 22, 1980.
NOTE: It is our understanding that instruments to ccrne, will, upon recording,
vest title in JOHN KORELIQ-I
The Land referred to in this report is situated in the State of California,
County of San Diego and is described as follows:
See Attached for Legtl Description
(Cn dnued)
MAL S .
ORDER NO. 103503-1
im'
Parcel 3 of Parcel Nap No. 12993, filed in the Office of the County Recorder of
San Diego County on November 10, 1983 as File No. 83-408715, together with the
Easterly 1/2 of Longview Drive, as shown on said Map, lying Southerly and
Northerly of the Westerly Prolongations of the Northerly and Southerly lines,
respectively of said Parcel 3.
(CEPTI?'K3 therefrom all oil, gas and other hydrocarbons lying 500 feet below the
surface of the land described above, but without the right of surface entry to
remove same, as granted to Kamar Construction Ccnpany, Inc. a California
Cororation on March 11, 1970 as File/Page No. 43514 of Official Records.
D I'O.: 103503-1 S
At the date hereof Exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. General and Special taxes for the fiscal year 1988-89, a lien, riot yet
payable.
2. The lien or supplemental taxes, if any, assessed pursuant to the provisions
of Chapter 3.5. (ccrniiencing with Section 75) of the Revenue and Taxation
Code of the State of California.
NOTE: All Supplemental Taxes which may have been or will be assessed
pursuant to the above are the sole responsibility of the Vestee( s) herein
and this crnpany assumes no liability regarding the same UNLESS specifically
instructed to de so.
3. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on rac?, color, religion or national origin, in an instrument recorded
July 19, 1971 as File No. 155466 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made for value.
An easement for the maintenance of slopes and drainage ways as set forth in
the instrument above mentioned.
4. The Parcel Map referred to in the legal description herein contains various
restrictions on improving or developing the property herein described.
Reference is made to said Parcel Map for further particulars.
5. An Agreement regarding the payment of a public Uacilities fee, dated May 4,
1983, executed by and between developer-cMner and the City of Carlsbad, upon
the terms, covenants, and conditions contained therein, recorded November
29, 1983 as File No. 83-431209 of Official Records.
6. A Deed of Trust to secure an indebtedness of $70, 000.00, recorded December.
9, 1983 as File No. 83-448005 of Official Records.
Dated: November 17, 1983
Tnjstor: KENNETH I. BENSON AND VICTORIA BENSON, Trus aes of
the Benson Family Trust dated December 22, 1980
Trustee: ?EAL PRO?ERTY TRUST DEED OJR.PORATION, a California
•otprat 1 on
Ber eficiar: KAY rLEEN A. KLOS, an unmarried cxman
7. The terms, piers, provisions and limitations of the trust under which such
title is held.
8. Any invalidity or defect in the title of the vestees in the event such t-rus L
is invalid or fails to confer sufficient powers in the trustees, or in the
event there is a lack of xp1iance wiLh the terms and piu Lsions E ti'e
trust pstyiuiient.
sa-E(xJLE £3 (1NTINUEJ S
ORDER NO. 103503-1
1n'
9. IxYrE: This caiipany will require a copy of BENSON FN"IILY TRUST, and all
amenchients thereto, together with a written verification by the
'Enistors or by Councel that the Trust, as it may have been amended, is
in full force and effect and has not been revoked or terminated.
IrrE I: Starting July 1, 1985 AB 3132 becanes effective, said bill
requires a preliminary change in ownership report to be filed
concurrently with any conveyance.
Failure to carply results in an additional recording fee of $20.00.
TAX INFORMATION 1987-88:
Code area: 09013
Parcel No: 167-280-45
Land: $ 19,631.00
Improvements: $ 0.00
Ex€irtptions: $ 0.00
1st Installment: $ 132.65 PAID
2nd Installment: $ 132.65 PAID
tfIE: A) Po icy charge ;i II be ':ased on snort trm rate 80%.
PARCEL MAP NO. 12993
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6 r-. NISC.SS SSS$ .f
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- -
\ L11V17 ''
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ORIGINAL (S)
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DECIJJ1ATIOt Of RESTRICTIONS
This peclaration of Restrictions aid, this c day of
/,...L' by PACIFIC VISTA ESTATES, INC., A
Corpor3tibn./
WHEREAS, PACIFIC VISTA ESTATES, iNC. • herein referred to as
"Owner" I. the owner of that certain real pror'erty in the City of
Carlsbad, County of San Diego, StA. of CaL(t.nia, des:rxbed as
follows, to-wit:
Lots 1 to 41 inclusive of EL Cfr4INO MESA UNIT 6,
inthe City of Carlsbad. County of San Diego,
State of California, according to Map thereoL p'-'. iI3 filed in the qffice of the County Recorder oUSsn
titjo County on J1L7/ if
WHEREAS, the said "O'mer" is about to sell d'pos of oz
conv,.y the real property dei.cribed above which It desires to subject
to certain protective condition, and restrictions:
NCSJ, THEREFORE, this Declaration of Restrictions,
W I T N E S S E T H :
That the said "Owner" does hereby certify and declare that it
has eatsb1ishd and does hereby establish the general plan for the
protection of all of said real property and has fixed and does
hereby fix the protective conditions snâ restrictions upon which
and subject to which all of said real property shell be held, leased,
sold and/or conveyed by said "Owner" which conditions and restrictions
are for the benefit of all said real property, and shall inure to and
pass with all of said real property and each and every part thereof
shall apply to and bind the respective successors in interest of the
prep 'ot Owner thereof, as follows, to-wit;
1. That said real property shall be used only for single
private residential and/or agricultural purposes and that no building.
other then one single, private first class dwelling (with cust(Inary
outbuildings, including garage) shall ever be erected, placed or
peraitted on any lot.
2. That no residence shall be erected, constructed, placed or
permitted on any lot or portion thereof which shall contain less
than 1400 square feet ground f1o.'r area in the case of a one-story
dwelling nor which shall contain less than 800 squarefeet of ground floor area on the first flour and not less than • total of 1600
square feet In the case of a twostory dwrlling. In neither case
shall the area of an Inclui.'d ga -age b used to m.'e u' the mL'Irum
floor area,
I L __J
7.
I ____
,ration of Restrictions El Camino Mesa Unit No. 6 - -
-2-
3. No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may he or may become all
/ annoyance or nuisance to the neighborhood.
4, That all buildings erected, placed or permitted upon any tot
or any portion thereof shall be ot new material only, and if of frame
construction, shall be painted, varnished or stained with at least
two Costa UPOU completion.
S. That no lot or portion thereof shall he used for poultry or
stock raising, feeding or breeding.
6. No garage or carport shalt be converted to or he used for
living quarters unless further areas be provided for garage or carports.
7. No house trailer, boat trailer, casper shell or utility traile-'-
_______ shall be permitted to park in at-y fro.,t setback area of any Lot for a
period of more than 48 hours.
8. That each of the "Owners' of a lot in said tract will permit
free access by owners of adjacent or ad-JoinIng lot, to slopes or
drainagesrsys located on his property which af.ect said adjacent or
adjoining lots, when such access is essential for the maintenance of
permanent stabilization on said slopes, or maintensice of the drainage
fs,lljtieg for the protection and use of property othet than the lot
on which the slope or drainageway is locate-i.
That each "Owner" of a lot in said tract will not In any way interfere
with the established drainage pattern over his lot from adjoining or
other lots in said tract, or that he will ina!'e adeouate provisions for
proper drainage in the event it Is necessary to tI nge the established
drainage over his lot. For the purpose hereof, "established" drainage
• is defined as the drainage which occurred a'- the time the overall
grading of said tract, ineuding the landscaping of each lot in said
tract, was completed by the under, i6ned grantor. That each owner of
a tot In said Tract ,hetI have complete and sole responsibility for the
• maintenance of those spec! fic drainage appurtenances located over, on/
and, or under the confineg of his property, other than those appurten-
ances located within specific dreinagn easement recorded to the City of
Carlsbad.
- 9. That any building erected on any of said tots which has been
-• - completed shall be deemed to comply with each and all of the restrictions
contained herein, and no action shall he brought to enforce said restrict-
ions by reason of any violation occurring in the erection of said b,,ild-
ing after thn same has been completed, anything contained herein to
the contrary notwithstanding.
10. That the foregoing conditions, restrictions and covenants
shall continue In full force and effect until 1-1-2000 at whi,h time
they will epire in their cot lret5. if the owner, of a majority of the
said lots or parcels desire to continue said restrictions, they may
- elet.. to do so for periods of ten veirs by the execution and recording
z
-'' 00 A
_J
- - ,
•----
'-•
i
..X IN7
At
Jaratirn of Restrictions El Camino Mesa Unit No. 6
/ -3-
I of an instrument containing an agreement either amending or continuing
said restriction,, they may elect to do so for periods of en years by
the execution and recording of an instrument containing an agreement
5 either amending or continuing said restrictions. Said agreement shall
f be recorded within .ix months of the expiration date above mentioned
f or within six months of the expiration of any subsequent tn-year per-
iod. All extensions or limitations or amendments of qaid iestrictions
referred to abovs shall become effective on the expiration date of the
restrictions in force at the time of Such extensions, ltnitation, or
amendments.
iL. Invalidation of any one of these covenants by judgment or
court order shall in no vise affect any of the other provisions which
remaining provisions shall continue to full force and effect.
12. If the parties beret'., or any of the.., or their heirs, or
assigns, shall violate or attempt to violate any of these covenants
herein it shall be lr.ful fa any other person owning any real prop-
erty situated in said development or subdivision to prosecute any
proceedier,s at isv or inequit against the person or persons violat-
ing or atempttng to violate any such covenants and either to prevent
him or thee from to doing or to recover damages or other dues tar such
violation.
13. A breach of the covenants, re,trtctior's or conditions shall
not render invalid the lien or charge of any mortgage or deed of trust
in good faith and for value on saidlots or property or any protion
thereof, but said covenants, restrictions, and conditions shall be
binding upon and effective against any os.,er of said land whose title
is acquired by the foreclosure of any lien or mortgage thereon or sale
jnder a deed of trust given to secure the peyment of money.
'--f,
14. The covenants and restrictions hereby adopted and established
do not and shall not be .onstrued (nor shall a brrach or violation
thereof be so construed) as to create, vest or reserve to the above
named owner or his assigns, any revera!onary rights, title or interest
in or to the above described land or any part thereof.
IN WINESS W1SEREOF • we have hereunto set our hands the day and
year first hereinabove written.
PACIFIC VISTA F.STATES 2
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T4W'
ration of Restrictions El Camino Mesa Unit No. 6
Re -4-
STATE OF CALIFORNIA)
COUNT OF SAN DIEGO
on July IS. 1971 ?,-fore e., the unoeratgned,
a Notary Public in andfor alad Count yand State, pereonatly appeared
Jerry L. Rombotte, known to s to be the President and Robert L.
Rc'mbotia, known to me to be the Secretary of the corporation that
exeuted the within Instrument, known to me to be the persons who
executed the within Instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the
within Instrument pursuant to its gy-Laws or a resolution of its
Board of Directors.
WITN1SS my hand and oCftctsl seal
----,-.-- )
PAUUUEt3Pt ec Notary PuI 'ln anà r said county and State
v c,m.o 01*8 WIt $ 1*7*
My Ctaaton Expire.sept. 23,19 74
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PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is the letter will state what is
needed to make this application coipf1 \ Whe.n tti application is compiete, the
processing period will start the completion letter.
Applicant Signature:
Staff 1fjITkh(i
To be stapled with receipt to application
Copy for file