HomeMy WebLinkAboutHDP 89-46; ABELES RESIDENCE; Hillside Development Permit (HDP)• , CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Deft. (For Deft. Use On y) Use On y)
0 Master Pl an ............... D General Plan Amendment ......
0 Specific Plan ............. 0 Site Development Plan .......
0 Precise Development Plan ... D Zone Change .................
D Tentative Tract Map ........ ~nditional Use Permit ......
0 Planned Development Permit f/o/J-cY9 16 Hillside Development Permit.
D Non-Residential Planned D Environmental Impact Development Permit ........ Assessment ................
D Condominium Permit ......... D Vari ance ....................
D Special Use Permit ......... D Planned Industrial Permit ...
0 Redevelopment Permit ....... D Coastal Development Permit ..
D Tentative Parcel Map ....... D Planning Commission Deter ...
o Administrative Variance ....
-
2) LOCATION OF PROJECT: ON THE 1£ (90"-1+ ISIDE OFI () BEe rsco c( ecLe:1
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN 113 iTBf\l.6AlI A 1 AND I C-o {F-l NT 11\ I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I LD,-bq'V--db MI"'rP 73&>7 Ccx..~S"'A MeA-ootJ:J5 (/t{ftZj
I t t-\ ~ C ('\"y D~ CAf2-f..S BA-J)
4) ASSESSOR PARCEL NO(S)., Z-I S--4L{-()-07' I
5) LOCAL FACILITIES ~ 6) EXISTING GENERAL IfZL MANAGEMENT ZONE PLAN DESIGNATION I 7~ PROPOSED GENERALI----LAN DESIGNATION I
8) EXISTING ZONING 1 R --J -() 19) PROPOSED ZONINGI ---. 110) GROSS SITE I-f7 M+ ACREAGE
11) PROPOSED NUMBER OFI I 112) PROPOSED NUMBERI ( 113) TYPE OF I ." I ,
RESIDENTIAL UNITS OF LOTS SUBDIVISION
14) NUMBER OF EXISTING RESIDENTIAL UNITSI FJ 1
(RES IDENTIAL COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL , 0 I 166 PROPOSED COMMERCIAL 1 V I OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE
ARFMOOO8.DH 4/89
,
~
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I () --~I ~ I 19) PROPOSED INCREASE . IN AVERAGE DAILY
TRAFFIC If 0 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITSl I.-_J __ --I L-. __ ---J
20) PROJECT NAME: ! AE2 eL I~ 5' K:E'S(DCN C.t=-
21)BRIEF DESCRIPTION OF PROJECT: C{)AISjg. e IL.L5/IJe.
22)
NAME
**********************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED
TOTAL FEE REQUIRED! ;I tf2}, ~
( 1
***,t<**.,..******************************
•• CIIVID
AUG 2 8 '989
CITY OF CARLSBAD
DATfEfflrW·A~~TcRf~N ~'tc E I V ED
RECEIVED BY:
DATE FEE PAID I &JMff1 RECEIPT NO.! r I I..--______ ---J
ARFM0008.DH 4/89
' .•
DISCLOSURE FORM
APPLICANT: LO~tJELL ~ E1-IZA-BETr+ AB6L-E5
Name (individual, partnership, joint venture, corporation, syndication) f'&S$""S-BI~CA-yI\IE ~JV.D ~ /\fa JViIItIVlI Pl-. 33 f B {
Business Address
3-0S-,~q I -I Z z q
AGENT:
MEMBERS:
Telephone Number
BEN ~{DA-LG-V
Name
SID N . 6~ONDIDO 6J-VD
Business Address
ltlho~~~jer
Name (individual, partner, joint
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
It We understand that if this project is located in the Coastal Zone, I twe will apply
for Coastal Commission Approval prior to development.
I tWe 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. ItWe consent to entry for this purpose.
It We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
BY
Agent, Owner, Partner
Encihi tas ;" CA 92024
(619),753-9404 TELEPHONE ________ ~ __________ ~ ________ __
L
"--~>'-' .. 1'
, Mr. & Mrs. Lowell Abeles
2005 Cos~a Del. Mar Road
Carlsbad, CA . 92008
.J
Enclosed£or your permanent records please find your CLTA Owners policy of titl~
insurance *35~14508 issued'by Fidelity.National Title Insurance Company.
Please feel free to call us if you 'have· any questions.
Sincerely,
CALIFORNIA FIRST BANK
kJJ~Ay~
Lue Watrous
Escrow Administrator
LW/mm
encl.
FORM 4512, 8/77 5Y
Fidelity National Title Insurance Company
A Stock Company
e
Policy of Title Insurance
policy ~umber
35 -14508
POLICY OF TITLE INSURANCE
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIDELITY NATIONAL
TITLE INSURANCE COMPANY, a corporation, herein called the Company, insures the insured, as of Date of
Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance st.ated in
Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay
hereunder, sustained or incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Un marketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open
street or highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage
and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in
Schedule B.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be
signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
~-ft//~ .. /' Countersigned ----.~£-r'-?"''''-==~----;~'''''~~~-~''--::>'''----
I AUt' oriz/~ature
Form T-35 (11-82)
California land Title Association
Standard Coverage Policy Form
/;'
FidelityNational Title Insurance Company
President
Attest _~ J o?~
Secretary
.'
SCHEDULE "A"
PREMIUM $539.50
Amount of Insurance Date of Policy
POLICY NO. -35-14508
35-4
Case No.
$143,000.00 August 10, 1983 at 8:00 A. M. 834406-B
1. Name of Insured:
LOWELL ABELES AND ELIZABETH F. ABELES
2. The estate or interest in the land described herein and which is covered
by this policy is:
A FEE
3. The estate or interest referred to herein is at Date of Policy vested in:
LOWELL ABELES AND ELIZABETH F. ABELES,
husband and wife, as joint tenants
4. The land referred to in this policy is situated in the County of San
Diego, State of California, and is described as follows:
SEE ATTACHED DESCRIPTION
DESCRIPTION
Lot 692 of LA COSTA MEADOWS UNIT NO.4, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 7367, filed in the
Office of the County Recorder of San Diego County, on July 19, 1972.
EXCEPTING from that portion of said Lot lying within the East Half of the
Southeast Quarter of Section 25, Township 14 South, Range 4 West, a 1/16th
of all coal, oil, gas and other mineral deposits, as reserved by the State of
Ca1if'ornia, in Patent recorded April 22, 1954 in Book 5212, Page 490 of
Official Records, the right to use of the surface, including its right to
enter such lands to a depth of 500 feet below the surface was released and was
Quitclaimed by the State of California, to La Costa Land Company, by document
recorded June 30, 1971, Recorder's File No. 141047 of Official Records.
ORDER NO. 834406-B
7/28/83
atk
{ • 1 l
SCHEDULE B ~ART I
SCHEDULE OF EXCLUSIONS FROM COVERAGE
This policy does not insure against loss or damage, nor against costs, attorneys' fees or
expenses, any or all of which arise by reason of the following:
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 re~ords of such agency or by the
public rec,ords.
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 by making inquiry of
persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the
public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or
any other facts which a correct survey would disclose, and which are not shown by the
public records.
5. (a) Unpatented m~n~ng claims; (b) reservations or exceptions in patents or in
Acts authorizing the issuance thereof, (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the
area specifically described or referred to in Schedule A, or in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall
modify or limit the ,extent to which the ordinary right of abutting owner for
access to a physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to
building arid zoning ordinances) restricting or regulating or prohibiting the
occupancy, use or" enj oyment of the land, or regulating the character, dimensions
or lo~ation of' ~ny improvement now or hereafter erected on the land, or
prohibiting a separati~n in ownership or a reduction in the dimensions or area of
the land, 'or the effect of any violation of any such law, ordinance or
governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of
the exercise of such rights appears in the public records.
9. D~fe~ts, liens, ,encumbrances, adverse claims, or other matters (a) created,
suffered ""as~ume~ or: 'agreed to by the insured claimant; (b) not shown by the public
records and not 'otherwise excluded from coverage, but known to the insured claimant
either at Date of' ?plicy or at the date such claimant acquired an estate or interest
insur,erl' ,by 'th;I.s p'olic'y or acquired the insured mortgage and not disclosed in writing
by ~tlie .. ifs~;r'ed fJ-.a~a~~, ,to the Company prior to the date such insured claimant became
an ':Lnsu'red h'ei';eunde'r';" (c) resulting in no loss or damage to the insured claimant; (d)
attachin?~:~.r ~+~~,tea.: subsequent to Date of Policy; or (e) reSUlting in loss or damage
which would not ~ave been sustained if the insured claimant had been a purchaser or
encumbr~'ncer for value without knowledge.
l .. ;0 ,
This Policy does not insure
attorneys' fees or expenses,
following:
SCHEDULE "B"
POLICY NO. -35-14508
against loss or damage, nor against costs,
any or all of which arise by reason of the
PART I
1. Matters disclosed in attached Schedule of Exclusions from Coverage.
PART II
1. General and special taxes, a lien not yet payable, for the fiscal year
1983-84.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of statutes of 1983 of the State of California.
3. An easement as shown on the Map of said land, over the Southerly 10 feet
of the Westerly 10 feet of said land, for sewer.
4. Covenants, conditions and restrictions, but deleting restrictions, if
any, based upon, race, color, religion or national origin as contained in
instrument recorded August 10, 1972 as File No. 210711 of Official Records.
Said instrument provides that a violation thereof shall not defeat
nor render invalid the lien of any mortgage or deed of trust made in
good faith and for value.
5. An easement over said land for the construction, operation, maintenance,
repair and replacement of a sewer pipeline or pipelines, manholes, laterals
and appurtenances and purposes incidental thereto, in favor of the Leucadia
County Water District, recorded August 15, 1972 as File No. 213929 of Official
Records.
Affects that portion of said land designated "Sewer Easement Dedicated
Hereon", as shown on Map No. 7367.
NOTE: The following endorsements
appearing after Schedule "B"
are an integral part of this
Policy.
NONE
Schedule "B" of this Policy consists of 1 page(s).
, ~ :i:
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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 1111.
Information items required:
(a) A completed Hillside Development
Permit Application Form
/cb) Four copies of the slope analysis
(see section 21.95.020 of
Carlsbad's Municipal Code)
Identify slopes 1.
2.
3.
4.
o to less than 15% slope
15% to less than 25% slope
25% to less than 40% slope
40% or greater slopes
/ (c)
_______ (d)
~
% Slope = vertical Distance x 100
contour interval)
Horizontal Distance
(Distance between contour intervals)
Four copies of the slope profile(s)
Assurance of slope analysis and slope profile
accuracy
Show with a site pl.an, grading plan
and building plans and elevations
how development fulfills Ene
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"
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-
.• CITY OF CARLSBAD _
1200 ELM ~NUE CARLSBAD, CAUFO_IA 92008
438·5621
ACCOUNT NO. DESCRIPTION
-~
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9340 08/29/89
RECEIPT NO. 97337 TOTAL
AMOUNT
! -
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0001 01 05 I
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Mise l(!'O"QO I
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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 submi.ttal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a'letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this applicatio complete. When the application is complete, the
processing period will pon the e of the completion letter.
App 1 i cant Sign a ture: ~..A~a...&::!::::!::~;;:::::::"~::""'::"::""'----------
Staff Signature:
Date: ~ dJ) 1901
To be stapled with receipt to application
Copy for file