HomeMy WebLinkAboutHDP 89-47; SPYGLASS; Hillside Development Permit (HDP)Cj ?7-~c:'
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For De1t. (For De)t. Use On y) Use On y}
0 Master Pl an ............... 0 General Plan Amendment ......
0 Specific Plan ............. 0 Site Development Plan .......
0 Precise Development Plan ... CTJ9~ hCJ Zone Change .................
[RJ Tentative Tract Map ........ 0 Conditional Use Permit ......
0 Planned Development Permit [X] Hillside Development Permit. Hj).pfS~ 07
0 Non-Residential Planned [!] Environmental Impact Development Permit ........ Assessment ................
0 Condominium Permit ......... 0 Vari ance ....................
0 Special Use Permit ......... 0 Planned Industrial Permit ...
0 Redevelopment Permit ....... 0 Coastal Development Permit ..
0 Tentative Parcel Map ....... 0 Planning Commission Deter ...
0 Administrative Variance ....
2} LOCATION OF PROJECT: ON THE I East I SIDE OF I E1 Cami.no Real I .. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
~ETWEEN I Elm Aven~e I AND I AI2I2jan Road I
(NAME OF STREET) (NAME OF STREET)
3} BRIEF LEGAL DESCRIPTION: I A portion of Lot "J", Rancho Aqua Hedionda, in the City
I of Carlsbad, according to Partition Map No. 823
4) ASSESSOR PARCEL NO(S). I 167-090-68 I
5) LOCAL FACILITIES~
MANAGEMENT ZONE 6) EXISTING GENERALj RLM 0-4 PLAN DESIGNATION I 7~ PROPOSED GENERAL/RIM 0-4 LAN DESIGNATION ' I
8) EXISTING ZONINGl RA-IO 19) PROPOSED ZONINGI RA-10 110) GROSS SITEIIO.4 ACREAGE I
11) PROPOSED NUMBER OFI 17 RESIDENTIAL UNITS 112 ) PROPOSED NUMBERl 19 OF LOTS 113 ) TYPE OF /Residential SUBD I V IS ION
NUMBER OF EXISTING RESIDENTIAL UNITS/ 1
(RESIDENTIAL
14) -0-COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE I N/A I 166 PROPOSED COMMERCIAL
SQ ARE FOOTAGE I N/A ]
\. ARFMOOOB.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1-.1 _6_5_% __ --'I 19) PROPOSED INCREASE IN AVERAGE DAILY
TRAFFIC
1 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 17 I 170 ADT
20) PROJECT NAME: ~I _S_p_yg_l_a_ss~~~~~~~~~~~~~~~~~~~~~~
21)BRIEF DESCRIPTION OF PROJECT: I 17 single family lots with a minimum of 10,000
sq. ft. per lot and 2 open space lots totaling 3.6 acres.
22) OWNER 23) APPLICANT
NAME Horace and Dolphine Felkins NAME The March Group
MAl LING ADDRESS MAl LING ADDRESS
P.O. Box 431 2979 State Street, Ste. "CII
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Oceanside, CA 92054 619-757-5150 Carlsbad, CA 92008 619-729-112
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE
TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO
SIGNA~E }~ t~ DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE ' Vila<ltt&1i!t2t>tw ':;£'0 -fi-~;1 J -1i-9' qdd!r:/ )';Di--eML'~ Y/?1 Ii?}
7.:::;L.4~
**************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED
. a-o
. DO
. va
~ TOTAL FEE REQUIREDI I ~ 7'9 . DD I
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
DATE FEE PAID I tl/3o /?S? I RECEIPT NO.' ?73G /
ARFM0008.DH 4/89
•
DISCLOSURE FORM
APPLI CANT: The Narch Group
Name (Individual, partnership, Joint venture, corporation, syndication)
AGENT:
MEMBERS: 'I
2979 State Street, Su:i.tc C, Carlsbad, CA 92008
Business Address
619-n9-1121
Telephone Number
CEP Assod EI ted
Name
8265-A Vickers Street, Sun Diego, CA 92111
Business Address
619-292-1353
Telephone Number
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)
I/We understand that If thIs project is located In the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to devp.lopment.
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.
ItWe 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.
APpLICANT
BY
Agent, Owner, Partner -
~~CEiVED
SPYGLASS SEP 2:2 1989
Project Description and Justification CITY OF CARLSBAD
The Spyglass project is located at the southeast corner of El C~~-Th9R~&.ERV" DIV*
Elm Avenue and consists of 10.4 acres of rolling hills and previously graded
slopes. Access to the site is proposed at the intersection of Avenida de Anita
and Elm Avenue to the north and the extension of Appian Road to the south.
The project will require the processing of a Tentative Map and a Hillside
Development Permit due to slopes in excess of 15%. A waiver to Section
21.95.060 (b) of the City's grading ordinance is also being requested to allow
slopes over 30' in height. An environmental assessment of the site will also
be submitted. The project, as proposed, is consistent with the City's current
General Plan, Zoning Ordinance, and Grading Ordinance.
The project is proposed to consist of seventeen (17) residential lots ranging in
size from the minimum of 10,000 square feet to 23,200 square feet and two (2)
open space lots totaling 3.6 acres. The single family units which have been
designed to meet Title 24 requirements for energy conservation as well as the
City's conditions for hillside and hilltop architecture range in size from 2,355
square feet to 3,116 square feet.
The City's requirements for development on land with slopes greater than
15% (Section 91.95.040) states that all slopes 40% or greater and at least 50% of
slopes between 25-40% not be counted in determining density calculations.
Based on this, the developable area for this site becomes 6.0 acres with a
density of 2.8 dul ac. This is in the allowable range of 0-4 dulac. for the RLM
designation of the General Plan.
The site has been extensively disturbed by past grading activities associated
with the City's construction of El Camino Real and Elm Avenue. Additional
-t grading in the amount of approximately 112,000 cubic yards of balanced cut
and fill will be required for project implementation. The existing elevations
at Appian Road and at the intersection of Elm and Avenida de Anita dictate
the internal alignment and the grading necessary to accommodate the project.
Appian Road will be extended to connect with Elm Avenue as a 60' R/W.
Access to units up above Elm will be from a 56' R/W cul-de-sac that will
intersect with Appian Road internally. Our plan proposes to regrade the
existing slope along Elm Avenue in order to accommodate the extension of
Appian Road and provide adequate building pads.
Contour grading in areas that are noticeable to the public have been rounded
and undulate in a similar pattern to the surrounding hillsides. In areas
where sight distance is a concern, slopes have been pulled back to provide a
flat area in an effort to minimize any obstruction to motorists. Screening of
CEP ASSOCIATED • 8265·A Vickers Street • San Diego, California 92111 • Telephone (619) 292·1353 FAX: (619) 278·8013
Oceanside (619) 433·3742 • Rancho California (714) 676·1853
"I these slopes will occur by landscaping with both native and ornamental
I' species that are deep rooted for erosion control, have drought tolerant and
fire retardant qualities, and are considered low maintenance.
We respectfully request your favorable consideration on this project.
ref: 73900
CEP ASSOCIATED , 8265·A Vickers Street , San Diego, California 92111 , Telephone (619) 292·1353 FAX: (619) 278·8013
Oceanside (619) 433·3742 • Rancho California (714) 676·1853
• CHICAGO TITLE COMPANY
1301 Third Ave. ~
San Diego, California 92101
(619)232-4031
REC~'VEO AUG 2 4 1989
Order No. 902561 -51
Dated: August 22, 1989
Map No: MAP 823
Fax: (619)235-7279
Preliminary Subdivision Report
at 7:30 A.M.
Fee: $500.00
Subdivision: SPYGLASS
For the benefit of the County of San Diego , any City within which the subdivision Is located,
the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor.
A preliminary examination of those public records which, under the recording laws, Impart constructive
notice of matters affecting the title to the land included within the exterior boundary shown on a map of the
above referenced subdivision received on February 6, 1989 , by Chicago Title
Company, herein called the Company, discloses that, at the date hereof, the only parties having any
record title Interest In said land whose signatures are necessary, under the requirements of the Subdivision
Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth
in Schedule A.
This report Is furnished as an accommodation, for the sole purpose of preliminary planning and
facilitating the compliance with reqUirements necessary for the Issuance of a Subdivision Guarantee.
It Is understood that the Company's liability Is solely that expressed In such Guarantee, and that no
liability separate from or other than the Company's liability under said Guarantee Is assumed by this
Report, except that If no Guarantee Is Issued under this Order the amount paid for this Report shall
be the maxImum liability of the Company.
PSUBFACB -l1/rE/83
..
Order No: 902561 -51
Dated:February' 6, le
Subdivision: SPYGLASS
at7:30 A.M.
SCHEDULE A
•
The map hereinbefore referred to is a proposed subdivision of:
SEE ATTACHED DESCRIPTION
The parties hereinbefore referred to are:
HORACE FELKINS JR. and DOLPHINE FELKINS,
husband and wife, as joint tenants
Exceptions:
. Map No: MAP 823
1. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions
of Senate Bill No. 813 (1983) of the State of California.
2. The rights of the public in and to that portion of the herein described
property lying within El Camino Real and Elm Avenue.
3. The privilege and right to extend drainage structures and excavation and
embankment slopes beyond the limits of Road Survey where required for the
construction and maintenance of said public highway as contained in the
deed recorded September 2, 1966 as File No. 143634, Official Records.
4. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: COUNTY OF SAN DIEGO
PSUBDIVA .11/00/88
Order No: 902561 _ 51 .-
Purpose:
Recorded:
Affects:
EXCEPTIONS:
Drainage structures
September 2, 1966 as File No. 143634, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
5. An Irrevocable Offer to Dedicate Real Property recorded May 29, 1973 as File
No. 73-144263, Official Records, wherein a portion of said land was offered for
dedication to public use for highway purposes.
Affects: The route thereof affects a portion of said land and is
more fully described in said document.
6. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
Purpose:
Recorded:
Affects:
THE CITY OF CARLSBAD
Public drainage purposes
August 19, 1976 as File No. 76-269155, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
Said instrument additionally contains the privilege and right to extend
drainage structures and excavation and embankment slopes beyond the limits of
the above described right of way where required for the construction and
maintenance thereof.
7. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
Purpose:
Recorded:
Affects:
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
Public utilities, ingress and egress
May 25, 1977 as File No. 77-109722, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
Restrictions on the use, by the owners of said land, of the easement area as
provided in the document referred to above.
8. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
Purpose:
Recorded:
Affects:
END OF SCHEDULE A
SUBDIVE -12/15/81.
THE CITY OF CARLSBAD
Slope and slope maintenance
August 25, 1987 as File No. 87-482007, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
1
O~der No: 902561 _ 51 • EXCEPTIONS:
tj
SUBDIVB -12/15/M
2
Policy No.
Page 1
902561 --5i-e .
DESCRIPTION
That certain portion of Lot "J", RANCHO AGUA HEDIONDA, in the City of
Carlsbad, County of San Diego, State of California, according to Partition
Map thereof, No. 823 on file in the office of the County Recorder of said
County, and described in Deed to Wayne Willard Connor, recorded June 21, 1957
as Document No. 92974 in Book 6632, page 183 of Official Records of said
County, described as follows:
BEGINNING at the most Easterly corner of said Connor's land; thence along the
Southeasterly"line thereof, South 35° 51' 13" West (Record South 34° 00'
West) 961.42 feet to a point in the Easterly Right-of-Way line of that
certain San Diego County Road, as shown on Map of Road Survey No. 1800-65, on
file in the office of the County Surveyor of said County; thence along said
Right-of-Way line as follows:
North 14° 01' 47" West 355.38 feet; North 11° 15' 00" West 751.73 feet to
the beginning of a tangent 35 foot radius curve, concave Easterly; Northerly
along the arc of said curve, 36.12 feet through a central angle of 59° 07'
48" and leaving the arc of said curve, North 11° 07' 07" West 11.59 feet to
a point in the Northerly line of said Connor's land; thence along said
Northerly line North 69° 51' 13" East (Record North 68° 00' East) 217.01
feet to the most Northerly corner of said land; thence along the
Northeasterly line thereof, South 54° 00' 47" East (Record South 56° 00'
East) 720.00 feet to the Point of Beginning.
EXCEPTING THEREFROM that portion granted to the City of Carlsbad in that
certin Deed filed in the office of the County Recorder of said San Diego
County, August 25, 1987 as File No. 87-482007 of Official Records.
..
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CHICAGO TITLE COMPANY ..
1301 Third Ave. ..
San Diego, California 92101
(619)232-4031
RECEIVED AUG 2. 4 1989
Order No. 902561 -51
Dated: August 22, 1989
Map No: MAP 823
Fax: (619)235-7279
Preliminary Subdivision Report
at 7:30 A.M.
Fee: $500.00
Subdivision: SPYGLASS
For the benefit of the County of San Diego , any City within which the subdivision is located,
the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor.
A preliminary examination of those public records which, under the recording laws, impart constructive
notice of matters affecting the title to the land included within the exterior boundary shown on a map of the
above referenced subdivision received on February 6, 1989 , by Chicago Title
Company, herein called the Company, discloses that, at the date hereof, the only parties having any
record title interest In said land whose signatures are necessary, under the requirements of the Subdivision
Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth
in Schedule A.
This report Is furnished as an accommodation, for the sole purpose of preliminary planning and
facilitating the compliance with requirements necessary for the Issuance of a Subdivision Guarantee.
It Is understood that the Company's liability Is solely that expressed In such Guarantee, and that no
liability separate from or other than the Company's liability under said Guarantee Is assumed by this
Report, except that If no Guarantee Is Issued under this Order the amount paid for this Report shall
be the maximum liability of the Company.
PSUDFACE -1I/m/88
co
.. , ,Order No: 902561 -51 ~ , D~ted:Februar;' 6, 19~ at7:30 A.M.
Subdivision: SPYGLASS
SCHEDULE A
The map hereinbefore referred to is a proposed subdivision of:
SEE ATTACHED DESCRIPTION
The parties hereinbefore referred to are:
HORACE FELKINS JR. and DOLPHINE FELKINS,
husband and wife, as joint tenants
Exceptions:
_ Map No: MAP 823
1. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions
of Senate Bill No. 813 (1983) of the State of California.
2. The rights of the public in and to that portion of the herein described
property lying within El Camino Real and Elm Avenue.
3. The privilege and right to extend drainage structures and excavation and
embankment slopes beyond the limits of Road Survey where required for the
construction and maintenance of said public highway as contained in the
deed recorded September 2, 1966 as File No. 143634, Official Records.
4. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: COUNTY OF SAN DIEGO
PSUBDIVA -ll/CFJ/88
j , Order No: 902561 _ 51 '·e
Purpose:
Recorded:
Affects:
EXCEPTIONS:
Drainage structures
September 2, 1966 as File No. 143634, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
5. An Irrevocable Offer to Dedicate Real Property recorded May 29, 1973 as File
No. 73-144263, Official Records, wherein a portion of said land was offered for
dedication to public use for highway purposes.
Affects: The route thereof affects a portion of said land and is
more fully described in said document.
6. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
Purpose:
Recorded:
Affects:
THE CITY OF CARLSBAD
Public drainage purposes
August 19, 1976 as File No. 76-269155, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
Said instrument additionally contains the privilege and right to extend
drainage structures and excavation and embankment slopes beyond the limits of
the above described right of way where required for the construction and
maintenance thereof.
7. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
Purpose:
Recorded:
Affects:
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
Public utilities, ingress and egress
May 25, 1977 as File No. 77-109722, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
Restrictions on the use, by the owners of said land, of the easement area as
provided in the document referred to above.
8. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
Purpose:
Recorded:
Affects:
END OF SCHEDULE A
SUBDIVE -12/15/88
THE CITY OF CARLSBAD
Slope and slope maintenance
August 25, 1987 as File No. 87-482007, Official Records
The route thereof affects a portion of said land and is
more fully described in said document.
1
I • Order No: 902561 51 --e • EXCEPTIONS:
tj
SUBDIVE -12/15/88
2
J •
. Policy No.
Page 1
902561 --51 -e .
DESCRIPTION
That certain portion of Lot IIJII, RANCHO AGUA HEDIONDA, in the City of
Carlsbad, County of San Diego, State of California, according to Partition
Map thereof, No. 823 on file in the office of the County Recorder of said
County, and described in Deed to Wayne Willard Connor, recorded June 21, 1957
as Document No. 92974 in Book 6632, page 183 of Official Records of said
County, described as follows:
BEGINNING at the most Easterly corner of said Connor's land; thence along the
Southeasterly line thereof, South 35° 51' 13" West (Record South 34° ~O'
West) 961.42 feet to a point in the Easterly Right-of-Way line of that
certain San Diego County Road, as shown on Map of Road Survey No. 1800-65, on
file in the office of the County Surveyor of said County; thence along said
Right-of-Way line as follows:
North 14° 01' 47" West 355.38 feet; North 11° 15' 00" West 751.73 feet to
the beginning of a tangent 35 foot radius curve, concave Easterly; Northerly
along the arc of said curve, 36.12 feet through a central angle of 59° 07'
48" and leaving the arc of said curve, North 1P 07' 07" West 11.59 feet to
a point in the Northerly line of said Connor's land; thence along said
Northerly line North 69° 51' 13" East (Record North 68° 00' East) 217.01
feet to the most Northerly corner of said land; thence along the
Northeasterly line thereof, South 54° ~O' 47" East (Record South 56° ~O'
East) 720.00 feet to the Point of Beginning.
EXCEPTING THEREFROM that portion granted to the City of Carlsbad in that
certin Deed filed in the office of the County Recorder of said San Diego
County, August 25, 1987 as File No. 87-482007 of Official Records.
"
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
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Space above this line for Recorder's use
Parcel No. 167-090-68
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
TH IS AGREEMENT Is entered Into tis 12th day of June ---------
19~ by and between The March Group
(Name of De .... eloper)
a Corporation , hereinafter referred to as
-:r(Corporatlon, partnership, etc.)
"Developer" whose address Is 2979 State Street, Suite C
(Street)
Carlsbad, CA 92008
(city, State, Zip Code)
and Iloroce and Dolphine Felkins
(Name of Legal Owner)
as joint tenants , hereinafter referred to as
(Individual, Corporation, etc.)
"Owner" whose address Is P. O. Box 431
-------------~(~S~tr-e-e~t·)---------------------
Oceanside, CA 92054
.
(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.
REV 7-28-87
'.
..
..
..
RECITALS
WHEREAS, Owner Is the owner of the real property described on
Exhibit "A"; attached to 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 has contracted with Owner to purchase the
Property and proposes a development project as follows: a 17 unit single
family subdivision on 10.4 acres
on said Property, which development carries the proposed name of -----
Spyglass
and Is hereinafter referred to as "Development"; and
WHEREAS, Developer flied on the 21st day of August
19~, with the City a request for a Hillside Development Permit and a
Tentative Tract Map
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 r~ference, 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
-2-
REV 7-28-87 ..
WHEREAS, Developer and Owner have 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 and Owner are
aware that the City cannot and will not be able to make any such findings ..
without financial assistance to pay for such services and facilities;· and
therefore, Developer and Owner propose to help satisfy the General Plan as
Implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, In consideration of the recitals and the convenants
contained herein, the parties agree as follows:
1. The Developer and Owner 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 Titl~s 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner 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
for 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 or occupancy for which the development Is Intended.
-3-
REV 7-28-87
. ,
r' e e
Developer and Owner 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 develop men t. This fee shall be In addition to any fees,
dedications or Improvements required according to Titles 1 a, 20 or 21 of. the ..
Carlsbad Municipal Code.
2. The Developer and Owner 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. I f Developer and Owner offer 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.
-4-
REV 7-28-87
f .
5. e e City. agrees to provide upon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other public
agencies as evidence of adequate public facilities and services sufficient to
accommodate the needs of the Development herein described.
6. All obllgatlon~ hereunder shall terminate in the event the Requ~sts ..
made by Developer are not approved.
7. Any notice from one party to the other shall be-in writing, and
shall be dated and signed by the party giving such notice or by a duly
authorized representative of such party. Any such notice shall not be effective
for any purpose whatsoever unless served in one of the following manners:
7.1 I f notice Is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mall, addressed to the City
at the address set forth herein, enclosed in a sealed envelope, addressed to
the City for attention of the City Manager, postage prepaid and certified.
7.2 I f notice is given to Developer by personal delivery thereof
to Developer or by depositing the same In the United States Mall, enclosed tn
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, Owner and the City, and references to Developer, Owner or City
herein shall be deemed to be references to and include their respective
successors and assigns without specific mention of such successors and assigns.
I f 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.
-5-
REV 7-28-87
At such time as Owner ceases to have any Interest In the Property,
all obligations of Owner hereunder shall terminate: provided, however, that If
any successor to the Owner's Interest in the Property Is a stranger to this
agreement, such successor has first assumed the obligations of owner in writing
In a form acceptable to City.
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.
IN WITNESS WHEREOF, this agreement Is executed In San Diego
County, California as of the date first written above.
OWNER:
(Name)
(Signature)
ATTEST:
DEVELOPER:
The March Group
~\c.-h0rv\ 13. rr~e.-t(\e-V\
BY btv'9 b,.}~
TITLE Ptt.c;"Je."I. r-
BY ~!v\Mr 6< 1~JJ.r
TITLE Se..k Ce.-1-Wl"
CITY OF CARLSBAD, a municipal
corporation of the
State of California
DV
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF SHARP
. . ON this day personally appeared before me, a Notary Public
wlthln and for the County and State aforesaid, duly commissioned
and acting, Horace Felkins, Jr. and Do1phine Felkins, husband ~nd wife, to me well known as the persons in the foregoing
lnstrument and stated that they had executed the same for the
purposes mentioned therein.
WITNESS my hand and official seal Z~ June
1989. // '
MY COMMI~SION EXPIl?ii15=:y:" "; .. :.\' .... ,]. ~ _ L/ (t /: ~ ~Trr. 1' ... "~.Ic:.II'·· '-{ Y-co, lVO'!:HIy.pum:ic Notary Public
SLnp ('"oWlty, ArkllliStl9
At such time as Owner ceases to have any Interest In the Property,
all obligations of Owner hereunder shall terminate; provided, however, that If
any successor to the Owner's Interest In the Property Is a stranger to this
agreement, such successor has first assumed the obligations of owner In writing
In a (orm acceptable to City.
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 sa tis fled, City shall record a release.
IN WITNESS WHEREOF, this agreement Is executed In San Diego
County, California as of the date first written above.
OWNER:
19nature) /-
Dolphine Felkins »o1~~~t' _ ~
(Name)
(Signature)
ATTEST:
CORPORATE ACKNOWLEDGMENT
DEVELOPER:
The Harch Group
(\\4,Q.rv\ ~. '1~e.N\~vt
BY~AP&~
TITLE Ptc~\J.e.."\ t
BY ~A"MJV /!;; c l~AJr
TITLE Se.vrc"stW'l"
CITY OF CARLSBAD, a municipal
corpora tlon of the
State of California
..
..
.....•......... : •••••••••••••••••••••••••••••••••••••••••••••••••••••••• CAL-24 . . .................•..•....•••....••. t •••••••••••••••••
: State of California } On this the 12th day of June :
f 19.Jill., before me 0
O
f:' ss. '
, • f , ,
· f • · · , • f · · fI
f • ,
County of_Sa~_p!~_go Lisa G. Velden thhe~u:nd~e:r:si:g~ne~d~N~o~ta~r~y~p:u~b~li-c,-p-e-rs-o-n-a~lI-y-a-p-pe-a-r-ed--------------
~ OffICIAL SEAL LISA G VElDE" • NOTARY PUBLIC-CALIfORNIA
SAN DIEGO COUNTY
"Y COHH. EXP. MAY 26, 1991
Richard B. Therrien
.ID "personally known to me f o proved to me on the basis of satisfactory evidence :
to be tI~e person(s) who executed the within instrument as : -"'P~r~e~s~l~d~e~n~tLlyS~e~c£r~e~ta~r~~~___ •
.J-or on behalf of the corporation therein f
named, and acknowledged to me that the corporation executed it.
------,WITNE~S my hand and official seal.
, , , , ,
: ~o~t;a;,r~~~~::~:e~~~--------------------------• • • , • ........•........•........................•.............. · · .......••......••......•...•.•.•..•...... :
· ~
EXHIBIT nAil
LEGAL DESCRIPTION
THAT CERTAIN PORTION OF LOT IIJII, RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF,
NO. 823 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND
DESCRIBED IN DEED TO WAYNE WILLARD CONNOR, RECORDED JUNE 21, 1957 AS DOCUMENT
NO. 92974 IN BOOK 6632, PAGE 183 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED
AS FOLlOHS:
BEGINrlING AT THE MOST EASTERLY CORNER OF SAID CONNOR'S LAND; THENCE ALONG THE
SOUTHEASTERLY LINE THEREOF, SOUTrl 35°51'13" WEST (RECORD SOUTH 34°00'WEST)
961.42 fEET TO A POINT IN THE EASTERLY RIGIH-Of-\'IAY LINE OF THAT CERTAIN SAN
DIEGO COUNTY ROAD, AS SHOWN ON MAP OF ROAD SURVEY NO. 1800-65, ON FILE I~ THE
OFFICE OF TilE CUUNTY SURVEYOR OF SAIa COUNTY; THENCE ALONG SAID RIGHT-Of-WAY
LItlE AS FOLLOWS;
NORTH 14°01'47" WEST 355.38 FEET; NORTH '1,,°'15'00" ~~EST 751.73 FEET TO Tt-{E
BEGINNING OF A TANGENT 35 FOOT RADIUS CURVE, CONCAVE EASTERLY; NORTHERLY ALONG
THE ARC OF SAID CUIWE, 36.12 FEET THROUGH A CEN1HAL ANGLE OF 59°07'48" MJD
LEAVING THE ARC OF SAID CURVE, NORTH 11 (/(')7' 07" ~JEST 11.59 FEET TO A POINT IN.
THE NORTHERLY LINE OF SAID COtlNOR' S LMID; THENCE ALONG SAID ~IORTHERL Y LINE
ImRTH 69°51'13" EAST (RECORD NORTH €BoQO'EAST) 217.01 FEET TO THE MOST
NORTHERLY CORNER OF SAID LAND; THENCE ALONG THE NORTHEASTERLY LINE THEREOF,
SOUTH 54°00'47" EAST (RECORD SOUTH 56°QO'EAST) 720.00 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFRO~1 THAT PORTIotl GRANTED TO THE CITY OF CARLSBAD IN THAT
CERTAIN DEED FILED IN THE OFFICE Of THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, AUGUST 25, 1987 AS FILE NO. 8'{"ltG2007 OF OFFICIAL RECORDS.
c ' .......
HILLSIDE DEVELOPMENT PERMIT , I
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
~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
·< ..
% Slope = vertical Distance x 100
Contour interval)
Horizontal Distance
(Distance between contour intervals)
Four copies of the slope profi1e(s)
~d) Assurance of slope analysis and slope profile
accuracy
~ (e) 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.
~ (g)
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-
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