HomeMy WebLinkAboutHDP 89-49; Zelitski Residence; Hillside Development Permit (HDP)IP CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept. Use Only) (For Dept.
Use Only)
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Master Plan
Specific Plan —
Precise Development Plan..,
Tentative Tract Map —
Planned Development Permit
Non-Residential Planned
Development Permit
Condominium Permit —
Special Use Permit
Redevelopment Permit
Tentative Parcel Map
Administrative Variance...
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General Plan Amendment
Site Development Plan
Zone Change
Conditional Use Permit
Hillside Development Permit.
Environmental Impact
Assessment
Variance
Planned Industrial Permit...
Coastal Development Permit..
Planning Commission Deter...
2) LOCATION OF PROJECT: ON THE SOUTH SIDE OF EL FUERTE STE^ET
BETWEEN ACUNA COURT
(NORTH, SOUTH, EAST, WEST)
AND
(NAME OF STREET)
BOLERO STREET
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: LOT 49 OF C.T. No. 75-4, MAP No. 8302
4) ASSESSOR PARCEL NO(S) 215-491-39
5) LOCAL FACILITIES
MANAGEMENT ZONE
6) EXISTING GENERAL
PLAN DESIGNATION RL 7) PROPOSED GENERAL
PLAN DESIGNATION RL
8) EXISTING ZONING P-C 9) PROPOSED ZONING P-C 10) GROSS SITE
ACREAGE 2-398
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
12) PROPOSED NUMBER
OF LOTS
13) TYPE OF SUBDIVISION N/A
14) NUMBER OF EXISTING RESIDENTIAL UNITS NONE
(RESIDENTIAL
COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL
OFFICE/SQUARE FOOTAGE
N/A 16) PROPOSED COMMERCIAL
SQUARE FOOTAGE N/A
ARFM0008.DH 4/89
CITY OF CARLSBAD ^
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE NONE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS
20) PROJECT NAME: ZELITSKI RESIDENCE
19) PROPOSED INCREASE IN AVERAGE DAILY
TRAFFIC
N/A
21)BRIEF DESCRIPTION OF PROJECT: APPLICATION FOR GRADING PERMIT, HILLSIDE
DEVELOPMENT PERMIT, AND ENVIRONMENT IMPACT ASSESSMENT FOR A SINGLE FAMILY
RESIDENCE ON AN EXISTING LOT
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) ALEXANDER ZELITSKI NAME (PRINT OR TYPE) o'DAY CONSULTANT'S
MAILING ADDRESS 293 N, EL CAMINO REAL MAILING ADDRESS 7750-2H EL CAMINO REAL
CITY AND STATE ZIP TELEPHONE
ENCINITAS CA 92024
CITY AND STATE
CARLSBAD CA
ZIP TELEPHONE
92009 944-1010
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
I CERTIFY THAT I AM THE OWNER'S REPRE-
SENTATIVE AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
***********************************************^
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
^0
/ 775^
/^I>P /Go
DECEIVED
OCT 11 193d
CITY OF CARLSBAD
DEVELOP. PROC. SERV. DiV. DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID
2 O 75
RECEIPT NO. 77S77
ARFM0008.DH 4/89
^ CITY OF CARLSBAD
1200 ELM /VENUE CARLSBAD, CALIFoSlA 92008
438-5621
REC'D FROM. .DATE /P-//- ^1
ACCOUNT NO. DESCRIPTION AMOUNT
voi'-mrn-/^
^ 1 flr 3oo 1—
U K p
' 1
1
1
1
1
1
OOOi 01 05 1
Misc 20j5.00
1
1
1
1
1
RECEIPT NO. 97597 TOTAL
1
C^'''C O \
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 submittai 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 br incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the applicattbn is complete, the
processing period will start upon the date of the completion letter;
Applicant Signature:
Staff Signature:
h-' J I > Date: tn.
To be stapled with receipt to application
Copy for file
DISCLOSURE FORM
APPLICANT:
AGENT:
MEMBERS:
ALENANDER ZELITSKI
Name (individual, partnership, joint venture, corporation, syndication)
293 N. EL CAMINON REAL, ENCINITAS CA 92024
Business Address " """"
436-1522
Telephone Number
O'DAY CONSULTANTS
Name ~
775n-2H EL CAMINO REAL. CARKSRAD CA 92009
Business Address
944-1010
Telephone Number
N/A
Name (individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Numtjer 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
memtiers, 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.
1/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
APPLICANT
/is /^^-T
Agent, Owner, Partner
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
2100 S.E. Main St., Suite 400, Irvine, CA 92714
CLTA S#hdard Coverage Polic>#f Title Insurance
Fidelity National Title Insurance Company
A Stock Company
Policy Number
135-48659
CLTA STANDARD COVERAGE POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, HDELITY NATIONAL TITLE INSURANCE
COMPANY, a corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred
by the 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 the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien ofthe insured mortgage upon the title;
6. The priority ofany lien or encumbrance over the lien ofthe insured mortgage, said mortgage
being shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the
assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B
to vest title to the insured mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or
the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipula-
tions.
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.
Countersigned: •' -
Authorized Signature
Form T-I3S
Culirornia Land Title Association
Standard CoM-ragc Policy Korni - I9S.S
SCHEDUIZ "A" IP
sr
FKEMIUM $925.00 POUCV NO. 135-48659
135-1
Amount of Insurarce Date of Policy Case No.
$250,000.00 . January 10, 1989 at 8:00 A. M. 8816150-H
1. Name of Insured:
AIEaNDER ZELETSKf
2. The estate or interest in the land vMcJi is cxjvered ty this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
ALEXANDER ZELETSKy, a married man as his sole and s^sarate propertzy
4. Ihe land referred to in this policy is situated in the County of San
Diego, State of Califomia, and is descaribed as fdllcMsz
SEE ATTACHED DESCKEPTICX^
Ihis policy valid c»ily if Schedule B is attached.
Form T-350 (Revised 4-15-88)
lEGAL DESCRIFTIC»I
ORDER NO. 8816150-H
Lot 49 of CARISBAD TRACT NO. 75-4 LA COSTA ESTATES NORTH, in the City of
Carlsbad, County of San Diego, State of California, aooording to Map thereof
No. '8302, filed in the Office of the County Recorder of San Diego Counly, on
May 5, 1976. '
EXCEPTING IHEREEKM l/16th of all cxal, oil, gas and other mineral d^xasits
contained in the East Half of the Southeast Quarter of Section 25, Tcwnship
12 South, Range 4 West, as reserved by the State of Califomia in patent
recorded i^ril 22, 1954 in Book 5212, Page 490 of Official Records, the ri^t
to the use of the surface, inclxading its ri^t to.enter such lands to a d^jth
of 500 feet belcw tiie surface was released and was quitclaimed by the State
of Califomia to La Costa, Land Company by a Quitclaim recorded June 30, 1971
as File/Page No. 141047 of Official Records.
ALSO EXCEPTING 1/2 interest in oil and mineral ri^ts, for a pericxi of 20
years frcm date of recommendation to be cant:inued if oil or minerals shall be
developed within five miles of the property, otdtierwise to revert to the land.
Rights of exploration shall not be inclixJed, however, slant drilling may be
made frcm an adjoining property, provided that this drilling be at least 100
feet in depth measured aryvAiere on the above described, in Lets 3 and 4-
West Half of the Southvp^est Quarter - Secticsi 30, Tcwnship 12 South, Range 3
West and 'the East Half of the Southeast Quartjer of Section 25, Tcwnship 12
South, Range 4 West, San Bernardino Meridian, according t:o ttiited States
Gcvemment Survey as reserved by Gerrocdn M. Graef, Horace L. Graef, and
Robert W. Graef in Deed recorded June 27, 1960, vmder Recx>rder's File No.
129955 of Official Records.
11/9/88
ael
SCHEDUIE "B"
EXCEPTIC^IS FRCM COVERAGE
POUCY NO. 135-48659
Ihis- Policy does not insure against loss or damage, (and the Ccmpany
will not pay costs, attomey's fees or expenses) vAiich arise by reason of:
PART I
1. All matters set forth in paragraphs 1 throu^ 5 inclusive on the inside
, of the cover of this policy under the caption Part I of Schedule B.
PART II
1. General and special taxes, the second instiallJtient new payable, for the
fiscal year 1988-89.
2. Ihe lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (ccsnmencing with Section 75) of the Revenue and
Taxation Code of the State of Califomia.
3. An easement over said land, as shewn on the Map thereof, for drainage.
4. An easement over said land, as shewn on the Map thereof, for sewer.
5. An easement for the constiruction, operation, maintencince, repair and
replacement of a sewer pipeline or pipelines, manholes laterals and purposes
and purposes incidental thereto, in favor of Leucadia County Wat:er District,
recorded May 12, 1976 as File No. 76-143526 of Official Records.
Affects that portion of Lot 49 shewn as "Sewer Easement Granted Hereon"
on Carlsbad Tract No. 75-4, according to Map thereof No. 8302.
Reference is hereby made to said document for full particulars.
6. Covenants, conditions and restrictions, but deleting restrictions, if
any, based vpan, race, color, religion or national origin, as contained in
instrument recorded May 19, 1976 as File No. 76-152036 of Official Records.
Said instrument provides that a violation thereof shall not defeat nor
render invalid the lien of ary mortgage or deed of trust made in good faith
and for value.
CliTA Standard Coverage Policy
Schedule B - Form T-3 52
(Revised 4-15-88)
SCHEDULE B EBW II OCNTINUED POUCy NO. ^5-48659
7. A Deed of Trust to secure an indebtedness of $52,200.00, recorded May 6,
1977 as File No. 77-171224 of Official Records.
Dated: Fdoruary 27, 1977
Trustor: KAZBHERZ BACZYNSKI AND LINDA RL7IH BACZYNSKI, husband and
wife, as joint tenants •
Trustee: THIE INSURANCE AND HUST CCMPANy, a California cxarporaticai
Beneficiary: IA COSTA lAND OCMPANY, an Illinois corporation
Ihe amount due, terms and conditiais of said inddstedness should be
determined by contacting the owner of the debt.
The beneficial interest under said Deed of Trust was assigned of record
by mesne assignments of recxsrd to ALLARD ROEN, IRWIN A. MDLASKf AND MERY
ADELSON as Trustee of EL CAMINO PROPERTIES TRUST dated June 16, 1968. '
NOTE: Ihe follcwing endorsements
Validatir^ Signa-fiire appearing after Schedule "B"
are an integral part of this
Policy.
NONE
Schedule "B Part II" of this Policy cxjnsist of 2 page(s).
The following matters are expressly excluded irom the coverage ol
this policv and Ihe Company will not pay loss or damage, costs,
attorneys' tees or expenses which arise by reason ot;
1. la) Any law, ordinance or governmental regulation (including
but not limited lo building and zoning laws, ordinances, or reg-
ulations) restricting, regulating, prohibiting or relating to (ii 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 viola-
tion 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.
0(CLUSIONS FROM COVER>^
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records al Dale of
Policy, bul created, suffered, assumed or agreed to by the in-
sured 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 in-
sured 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. Unenforceability 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.
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named
insured, those who succeed to the interest of the named insured by
operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors. The term "in-
sured" also includes
(i) the owner of the indebtedness secured by the insured
mortgage and each successor in ownership of the indebtedness ex-
cept a successor who is an obligor under the provisions of Section
12(c) of these Conditions and Stipulations (reserving, however, all
rights and defenses as to any successor that the Company would have
had against any predecessor insured, unless the successor acquired
the indebtedness as a purchaser for value without knowledge of the
asserted defect, lien, encumbrance, adverse claim or other matter in-
sured against by this policy as affecting title to the estate or interest in
the land);
(ii) any governmental agency or governmental instrumental-
ity which is an insurer or guarantor under an insurance contract or
guaranty insuring or guaranteeing the indebtedness secured by the in-
sured mortgage, or any part thereof, whether named as an insured
herein or not;
(iii) the parties designated in Section 2(a) of these Conditions
and Stipulations.
(b) "insured claimant": an insured claiming loss or damage.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a mortgage shown in Schedule B, the
owner of which is named as an insured in Schedule A.
(e) "knowledge" or "known": actual kiiowledge, not constructive
knowledge or notice which may be imputed to an insured by reason
of the public records as defined in this policy or any other records
which impart constructive notice of matters affecting the land.
(f) "land": the land described, or referred to in Schedule A, and im-
provements affixed thereto which by law constitute real property The
term "land" does not include any property beyond the lines of the
area described or referred to in Schedule A, nor any right, title, in-
terest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is insured by this
policy.
(g) "mortgage": mortgage, deed of trust, trust deed, or other secu-
rity instrument.
(h) "public records": records established under slate statutes at Dale
of Policy for the purpose of imparting constructive notice of niollcrs re-
lating to real properly to purchasers for value and without knowledge.
(i) "unmarketability of the title": an alleged or apparent matter af-
fecting the title to the land, not excluded or excepted from coverage,
which would entitle a purchaser of the estate or interest described in
Schedule A or the insured mortgage to be released from the obligation
lo purchase by virtue of a contractual condition requiring the delivery
of marketable title.
2. Continuation of Insurance
(a) After Acquisition of Tifle by Insured Lender. If this policy in-
sures the owner ofthe indebtedness secured by the insured mortgage,
the coverage of this policy shall continue in force as of Date of Policy
in favor of (i) such insured lender who acquires all or any part of the
estate or interest in the land by foreclosure, trustee's sale, conveyance
in lieu of foreclosure, or other legal manner which discharges the 1 ien
of the insured mortgage; (ii) a transferee of the estate or interest so
acquired from an insured corporation, provided the transferee is the
parent or wholly-owned subsidiary of the insured corporation, and
their corporate successors by operation of law and not by purchase,
subject to any rights or defenses the Company may have against any
predecessor insureds; and (iii) any governmental agency or gov-
ernmental instrumentality which acquires all or any part of the estate
or interest pursuant lo a contract of insurance or guaranty insuring or
guaranteeing the indebtedness secured by the insured mortgage.
(b) After Conveyance of Title by an Insured. The coverage of
this policy shall continue in force as of Dale of Policy in favor of an
insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as
the insured shall have liability by reason of covenants of warranty
made by the insured in any transfer or conveyance of the estate or in-
terest. This policy shall not continue in force in favor of any purchaser
from an insured of either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to an
insured.
(c) Amount of Insurance: The amount of insurance after the acquisi-
tion or after the conveyance by an insured lender shall in neither
event exceed the least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the principal of the indebtedness secured
by the insured mortgage as of Date of Policy, interest thereon, ex-
penses of foreclosure, amounts advanced pursuant to the insured
mortgage to assure compliance with laws or to protect the lien of Ihe
insured mortgage prior to the lime of acquisition of the estate or in-
terest in the land and secured thereby and reasonable amounts ex-
pended to prevent deterioration of improvemenls, but reduced by the
amount of all payments made; or
(iii) the amount paid by any governmental agency or gov-
ernmental instrumentality, if the agency or instrumentality is the in-
sured clairnani, in the acquisition of Ihe estate or interest iq satisfac-.
tion of its insurance contract or guaranty
rONDITIONS AND STIPULATIONS
(CONTINUED,
3. Notice of Claim to be Given By Insured Claimant
An insured shall nolii\ Ihe Compan\ proniptly in writrng li) in
case of anv litigation as set forth in 4ia ' below, lii) in case know ledge
shall come to an insured hereunder oi an\ claim of title or interest
which is adverse to the titie lo Ihe eslate or inleresi or the lien of
the insured mortgage, as insured, and which might cause loss or
damage for which the Company may be liable bv virtue of,this
policy, or (iii) if title lo the estate or interest or the lien of the insured
mortgage, as insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to that insured all liability
of the Company shall terminate with regard to the matter or matters
for which prompt notice is required; provided, however, lhat failure
to notify the Companv shall in no case prejudice Ihe rights of any
insured under this policy unless the Company shall be prejudiced
by Ihe failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claim-
ant to Cooperate.
la) Upon written request by an insured and subject Id the options
contained in Section 6 of these Conditions and Stipulations, the
Company, at its own cost and without unreasonable delay, shall
orovide for the defense of such insured in litigation in which any
third party asserts a claim adverse to the title or interest as insured,
but only as to those slated causes of action alleging a defect, lien
or encumbrance or other matter insured against by this policy. The
Company shall have the right lo select counsel of ils choice (subject
to the right of such insured to object for reasonable cSuse) to repre-
sent the insured as to those stated causes of action and shalPnot be
liable for and wi 11 not pay Ihe fees of any other counsel. The Company
will not pay any fees, costs or expenses incurred by an insured in
the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cosl, to institute
and prosecute any action or proceeding or lo do any other acl which
in ils opinion may be necessary or desirable to establish the title to
the eslate or interest or the lien of the insured mortgage, as insured,
or to prevent or reduce loss or damage to an insured. The Company
may lake any appropriate action under Ihe terms of this policy,
whether or not it shall be liable hereunder, and shall nol ihereby
concede liability or waive any provision of this policy. If the Com-
pany shall exercise its rights under this paragraph, it shall do so
diligently.
(Cl Whenever the Company shall have brought an action or inter-
posed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination
bv a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires Ihe Company
:o prosecute or provide for the defense of any action or proceeding,
an insured shall secure to the Company the right to so.prosecute or
provide defense in the action or proceeding, and all appeals therein,
and permit Ihe Company to use, at its option, the nameof such insured
for this purpose. Whenever requested by the Company, an insured, at
the Company's expense, shall give the Company all reasonable aid (i)
in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in Ihe opinion of the Com-
pany may be necessary or desirable to establish the title lo the estate
or interest or the lien ofthe insured mortgage, as insured. If the Com-
pany is prejudiced by Ihe failure of an insured to furnish the required
cooperation, the Company's obligations to such insured under the
policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard lo the matter or mat-
ters requiring such cooperation.
5. Proof of Loss or Damage '
, In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn lo by eich insured claimant
shall be furnished lo the Company wilhin 90 days after the insured
claimant shall ascertain the facts giving rise lo the loss or damage. The
proof of loss or damage shall describe Ihe defect in, or lien or encum-
brance on Ihe title, or other matter insured against by Ihis policy
which constitutes the basis of loss or damage and shall state, to Ihe
extent possible, the basis of calculating the amount of Ihe loss or dam-
age. If Ihe Company is prejudiced by the failure of an insured claimant
lo pro\Hde ihe required proof of loss or damage, the Company's obli-
gations to such insured under Ihe policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litiga-
tion, with regard to the matter or matters requiring such proof of loss
0- damage.
In addition, an insured claimant may reasonably be required lo sub-
mit to examination under oath bv ans authorized representative of the
Compan\ and shall produce for examination, inspection and cop\-
ing, at such reasonable times and places as mav be designated b\ nn\
authorized representative oi Ihe Conipans all records, books, led-
gers, checks, correspondence and memoranda, whether bearing a
date before or after Dale o; Policy, which reasonably pertain to Ihe
loss or damage. Further if requested by an\ aulhorized representative
of Ihe Company the insured claimant shall'grant ils permission, in
writing, for any' authorized representative of Ihe Company to
examine, inspect and copv all records, books, ledgers, checks, corres-
pondence and memoranda in the custodv or control of a third party,
which reasonably pertain tothe loss or damage. All information desig-
nated as confidential by an insured claimant provided lo the Com-
pany pursuant lo this Section shall nol be disclosed to others unless,
in the reasonable judgment of the Companv, it is necessary in the ad-
ministration of the claim. Failure of an insured claimant to submit for
examination under oath, produce other reasonably requested infor-
mation or grant permission to secure reasonably necessary informa-
tion from third parties as required in this paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the
Company under this polic\ as to that insured for lhat claim.
6. Options to Pay or Otherwise Settle Claims; Termination of
Liability.
In case of a claim under ihis policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
(i) to pay or lender payment of Ihe amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by Ihe insured claimant, which were authorized by Ihe Company, up
lo Ihe lime of payment or tender of payment and which the Company
is obligated lo pay; or
(ii) in case loss or damage is claimed under Ihis policy by Ihe
owner of Ihe indebtedness secured by the insured mortgage, to pur-
chase the indebtedness secured by the insured mortgage for the
amount owing Ihereon together with any costs, attorneys' fees and
expenses incurred by Ihe insured claimant which were authorized by
Ihe Company up lo the time of purchase and which the Company is
obligated to pay.
If Ihe Company offers lo purchase the indebtedness as herein pro-
vided, Ihe owner of Ihe indebtedness shall transfer, assign, and con-
vey Ihe indebtedness and Ihe insured mortgage, together wilh any col-
lateral security, lo Ihe Company upon payment therefor.
Upon Ihe exercise by the Company of the option provided for in
paragraph a (i), all liability and obligations to the insured under this
policy, other than to make the payment required in that paragraph,
shall terminate, including any liability or obligation to defend, prose-
cute, or continue any litigation, and ihe policy shall be surrendered to
the Company for cancellation.
Upon the excercise by the Company of the option provided for in
paragraph a (ii) the Company's obligation to an insured Lender under
this policy for the claimed loss or damage, other lhan the payment
required to be made, shall terminate, includingany liability or obliga-
tion to defend, prosecute or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the In-
sured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under ihis policy, together with
any costs, attorneys' fees and expenses incurred by the insured claimant
which were aulhorized by the Company up lo the lime of payment and
which Ihe Company is obligated to pay; or
(ii) lo pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together wilh any costs, attorneys' fees and
expenses incurred by the insured claimant which were aulhorized by the
Company up lo Ihe lime of payment and which the Company is obligated
to pay.
Upon the exercise by Ihe Company of either of the options provided for
in paragraphs b (i) or b (ii), Ihe Company's obligations to Ihe insured under
Ihis policy for Ihe claimed loss or damage, other lhan the payments re-
quired lo be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
7. Determination and Extent of Liability.
This policy is a contract of indemnjiy against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and only
lo Ihe extent herein described.
(a) The liability of the Company under Ihis policy to an insured lender
shall nol exceed the least of:
CONDITIONS AND STIPULATIONS
(CONTINUED)
(i) the Amount of Insurance stated in Schedule A, or if applicable,
the amount of insurance as defined in Section 2 ici of these Conditions
and Stipulations;
(ii) Ihe amount of the unpaid principal indebtedness secured by
Ihe insured mortgage as limited or provided under Section 8 of these
Conditions and Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the liirie the loss or damage insured
against by this policy occurs, together wilh interest thereon; or
(iii) the difference between the value of the insured estate or in-
terest as insured and the value ofthe insured estate or inleresi subject
to the defect, lien or encumbrance insured against by Ihis policy.
(b) In the event the insured lender has acquired the estate or in-
terest in Ihe manner described in Section 2 (a) of these Conditions and
Stipulations or has conveyed Ihe title, then the liability of Ihe Com-
pany shall continue as sel forth in Section 7(a) of these Conditions and
Stipulations.
(c) The liability of the Company under this policy to an insured
owner of the esiateor inleresi ih the land described in Schedule Ashall
not exceed the least of:
(i) the Amount of the Insurance staled in Schedule A; or,
(ii) the difference between the value of the insured estate or in-
terest as insured and the value ofthe insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy
(d) The Company will pay only those costs, attorneys' fees and ex-
penses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. Limitation of Liability.
(a) If the Company establishes Ihe title, or removes Ihe alleged de-
fect, lien or encumbrance, or cures the lack of a right of access to or
from the land, or cures the claim of unmarketability of title, or other-
wise establishes the lien ofthe insured mortgage, all as insured, in a
reasonably diligent manner by any method, including litigation and
Ihecompletion of any appeals therefrom, it shall have fully performed
ils obligations wilh respect lo lhat matter and shail nol be liable for
any loss or damage caused Ihereby.
(b) In the event of any litigation, including liligation by the Com-
pany or wilh the Company's consent, the Company shall have no lia-
bility for loss or damage until there has been a final determination by
a court of competent jurisdiction, and disposition of all appeals there-
from, adverse lo the title, or, if applicable, to Ihe lien of the insured
mortgage, as insured. "
(c) The Company shall not be liable for loss or damage lo any in-
sured for liability voluntarily assumed by the insured in settling any
claim or suit without the prior written consent of Ihe Company.
(d) The Company shall nol be liable to an insured lender for: (i) any
indebtedness created subsequent to Dale of Policy except for ad-
vances made lo protect Ihe lien of the insured mortgage and secured
Ihereby and reasonable amounts expended to prevent deterioration
of improvements; or (ii) construclion loan advances made subsequent
lo Dale of Policy, except construction loan advances made sub-
sequent lo Date of Policy for Ihe purpose of financing in whole or in
part Ihe construclion of an improvement lo Ihe land which at Dale of
Policy were secured by Ihe insured mortgage and which the insured
was and continued lo be obligated to advance at and afler Dale of
Policy.
9. Reduction of Insurance; Reduction or Termination of
Liability.
(a) Al I payments under Ihis pol icy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of insurance
pro lanlo. However, as lo an insured lender, any payments made prior
to the acquisition of title to the estate or interest as provided in Section
2ia) of these Conditions and Stipulations shall not reduce pro tamo
the amount of insurance aftorded under this policv as to any such in-
sured, except to the extent that the pavments reduce the amount of the
indebtedness secured by the insured mortgage.
(b) Payment in part bv any person of the principal of the indebted-
ness, or any other obligation secured by the insured mortgage, or any
voluntary partial saiisiaciionor release of Ihe insured mortgage, tothe
extent of the payment, satisfaction or release, shall reduce Ihe amount
of insurance pro lanto. The amount of insurance may thereafter be in-
creased by accruing interest and advances made lo proiect Ihe lien of
Ihe insured mortgage and secured thereby, wilh interest ihereon, pro-
vided in no event shall Ihe amount of insurance be greater lhan the
Amount of Insurance staled in Schedule A.
(c) Payment in full by any person or the voluntary satisfaction or
release of the insured mortgage shall terminate all liability of the Com-
pany to an insured lender except as provided in Section 2ia) of these
Conditions and Stipulations.
10. Liability Noncumulative.
ll is expressly understood lhat the amount of insurance under Ihis
policy shall be reduced by any amount the Company may pay under
any policy insuring a mortgage to which exception is taken in Schedule
B or to which the insured has agreed, assumed, or taken subject, or
which is hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under ihis policy
to the insured owner.
The provisions of this Section shall nol apply to an insured lender,
unless such insured acquires title to said estate or inleresi in satisfac-
tion of the indebtedness secured by an insured mortgage.
11. Payment of Loss.
(a) No payment shall be made wilhoul producing this policy for
endorsemeni of the payment unless the policy has been lost or de-
stroyed, in which case proof of loss or destruction shall be furnished
to Ihe satisfaction of the Company.
(b) When liability and the extent of loss or damage has been defi-
nitely fixed inaccordancewiththese Conditions and Stipulations, the
loss or damage shall be payable wilhin 30 days thereafter
12. Subrogation Upon Payment or Settlement,
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under
ihis policy, all right of subrogation shall vest in the Company unaf-
fected by any act of Ihe insured claimant.
The Company shall be subrogated to and be entitled lo all righls and
remedies which Ihe insured claimant would have had against an^ per-
son or properly in respect lo the claim had this policy not been issued.
If requested by the Company, the insured claimant shall transfer to Ihe
Company all rights and remedies against any person or property
necessary in order to perfect this riglit of subrogation. The insured
claimant shall permil the Company to sue, compromise or settle in Ihe
name of the insured claimant and lo use the name of the insured claim-
ant in any transaction or liligation involving these rights or remedies.
If a payment on account of a claim does nol fully cover the loss of
Ihe insured claimant, Ihe Company shall be subrogated (i) as lo an
insured owner, lo all righls and remedies in Ihe proportion which the
Company's paymeril bears lo the whole amount of the loss; and (ii) as
to an insured lender, lo all righls and remedies ofthe insured claimant
after the insured claimant shall have recovered ils principal, inleresi,
and costs of colleclion.
\^) moit^agc . iMwugagc, uccu ui HUM, iiusi uccu, KJI UUICI secu-
rity instrument.
(h) "public fccords": records established under stale statutes at Dale
of Policy for Ihc purpose of imparting constructive notice of matters re-
lating to real property to purchasers for value and without knowledge.
amount of all payments made; or
(iii) the amount paid by any governmental agency or gov-
ernmental insirumentality, if the agency or instrumentality is the in-
sured claimant, in the acquisition of the estate or interest it] satisfac-
tion of its insurance contract or guaranty.
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MAP NO.
CARLSBAD TRACT NO. 75-4
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tncQSCn SEE SHEET 6
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024
(619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, gg.
COUNTY OF SAN DIEGO,
I am a citizen of the United States antd a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter,
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in
the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the notice
hereinafter referred to; and that the notice of
which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaperand not in any supplementthereof on
the following dates, to-wit:
NEGATIVE
DECLARAIION
PROJECT AB1»lN|S»/£bCA-TION: El F«Mte Sj|IMi Mv««B
PROJEGT DBKliliii^CllW^ Orad-
ing to aeebaunodaMl tM^Bftrttc-
tion oft stiide-liH^,mwUla(«aa
hilbUte toL: ' J 1
The City oK^arinMipcoBAict
to the Qtii/lfUnmlpr,
tion of tUtCtlilMiWBMflroiunen' Ul QualMtiCi^ 4#l|lk* fenviron-mental Protocti^ mm ofthe Citjr of CaiMMd; A#iS«ndt of laid
review, k Neglti** 'De<l>r>tion (decUratton that th« prefect will not have a ligaifleiatlinpaet on'the envlronmenn it. hai^ twued for
the lubject pro)i|et (to tut MtloB leMtlHtl iirthe naii-ning Deiwrtmelit. , » .
A copy df^ NtgnlMi Declara-tion with suppoirthr* dtfltUBentt i> on flle in the Pl^utiagDeMrtment,
2075 Ul PiibBn Omti, Carlsbad, CalttoraM DM^- CMmtats ttom the public aiie iiivltid. Pteue lub-
mit eoainiMitt ib Mfllw to the Plannitig Oeparta«i|t^v|tUa ten (10) days «r date>f iliaMiee. Dated; January SLUMT
Oate No: HDt> «!M»I«,^80.S9 Apt>lica«rEeUtiir "
laCHAEl. J. HOLZini.I.KR
Planning Director
CJ 4881: January 31,1990
January 31 19 90
19,
19.
19
I certify under penalty of perjury that the foregoing is true and
correct. Executed at Carlsbad, County of San Diego, State of
California on the 31^^
day of January »1990,
Clerk of the Printer
#202-2M-12/87
t
Citv of Carlsbad
PlanniriQ Department
NOTICE OF DETERMINATION
County Clerk
County of San Diego
Attn: Mail Drop C-11
220 West Broadway
San Diego, CA 92101
February 27, 1990
This is to advise that the City of Carlsbad on February 26, 1990, approved the following project:
Project Title: Zelitski Residence - HDP 89-49/PE 2.89.56
State Clearinghouse Number
(If submitted to Clearinghouse)
Contact Person Telephone
Project Address/Location: El Fuerte Street (APN: 215-491-39)
Project Description: Grading to accommodate construction of a single family residence.
This is to advise that the City of Carlsbad has approved the above described project and has made
the following determinations regarding the above described project:
1. The project will not have a significant effect on the environment.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA
The Negative Declaration and record of project approval may be examined at: CITY OF
CARLSBAD
3. Mitigation measures were not made a condition of the approval of this project.
4. A statement of Overriding Considerations was not adopted for this project.
MICHAEL J. HOLZMILLER
Planning Director
JG:kd
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Citv of Carlsbad
Planning Department
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: El Fuerte Street between Acuna Court and Bolero
Street. (APN: 215-491-39)
PROJECT DESCRIPTION: Grading to accommodate the construction of a single-family
dwelling on a hillside lot.
The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the Califomia Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a
result of said review, a Negative Declaration (declaration that the project will not have
a significant impact on the environment) is hereby issued for the subject project.
Justification for this action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
ten (10) days of date of issuance.
DATED: January 31, 1990
MICHAEL J. HOLZKIILLER
CASE NO: HDP 89-49/PE 2.89.56 Planning Director
APPLICANT: Zelitski
PUBLISH DATE: January 31, 1990
JG:af
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Citv of Carlsbad
Planning Department
NOTICE OF DETERMINATION
Cbunty Clerk
County of San Diego
Attn: Mail Drop C-11
220 West Broadway
San Diego, CA 92101
February 27, 1990
5 1 t ^
m 0 2 1990
This is to advise that the City of Carlsbad on February 26, 1990, approved the following project:
Project Title: Zelitski Residence - HDP 89-49/PE 2.89.56
State Clearinghouse Number
(If submitted to Clearinghouse)
Cbntact Person Telephone
Project Address/Location: El Fuerte Street (APN: 215-491-39)
Project Description: Grading to accommodate construction of a single family residence.
This is to advise that the City of Carlsbad has approved the above described project and has made
the following determinations regarding the above described project:
1. The project will not have a significant effect on the environment.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA
The Negative Declaration and record of project approval may be examined at: CITY OF
CARLSBAD
3. Mitigation measures were not made a condition of the approval of this project.
4. A statement of Overriding Considerations was not adopted for this project.
MICHAEL J. HOLZMILLER
Planning Director
JG:kd
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
#
jTILSD IH THE OPFICS OF THB GOUIffTy CLBRK.
HAR0219S«) 3A3r DIEGO COUITTYOSr .
HARO2I990 , Af^ 02 1990
RE I uRNED TO AGENC Y ON
OEPUTT J^iil^L
Citv of Carlsbad
Planning Department
^ 1^-" " MAR 0 2 1990
NEGATIVE DECLARATION „ W'P'u;
2 1990
PROJECT ADDRESS/LOCATION: El Fuerte Street between Acuna Court and Bolero
Street. (APN: 215-491-39)
PROJECT DESCRIPTION: Grading to accommodate the construction of a single-family
dwelling on a hillside lot.
The City of Carlsbad has conducted an envirormiental review of the above described
project pursuant to the Guidelines for Implementation of the Califomia Environmental
Quality Act and the Envirormiental Protection Ordinance of the City of Carlsbad. As a
result of said review, a Negative Declaration (declaration that the project will not have
a significant impact on the environment) is hereby issued for the subject project.
Justification for this action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
ten (10) days of date of issuance.
DATED: January 31, 1990
MICHAEL J. HOLZl^IILLER
CASE NO: HDP 89-49/PE 2.89.56 Planning Director
APPLICANT: Zelitski
PUBLISH DATE: January 31, 1990
JG:af
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
FILID IH THB OPFICB OF THB COUHTY OLBBK,
SAUDIEGOCOUHTYON ^ To ilO IQQft
PCSTSB -mnm .REMOVED 0^^^^
RETDBNBDTg AGENCY OH T/ ^/^^
DSPtTTY . ^V'"-^-^^
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. HDP 89-49/PE 2.89.56
DATE: January 22. 1990
BACKGROUND
1. CASE NAME: Zelitski Residence
2. APPLICANT: Alexander Zelitski
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 293 N. El Camino Real
Encinitas. CA 92024
4. DATE EIA FORM PART I SUBMITTED: October 11. 1989
5. PROJECT DESCRIPTION: Grading for the development of a single-
family residence.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the
City conduct an Environmental Impact Assessment to determine if a project
may have a significant effect on the environment. The Environmental Impact
Assessment appears in the following pages in the form of a checklist. This
checklist identifies any physical, biological and human factors that might
be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact
Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no
substantial evidence that the project or any of its aspects may cause
a significant effect on the environment. On the checklist, "NO" will
be checked to indicate this determination.
* An EIR must be prepared if the City determines that there is
substantial evidence that any aspect of the project may cause a
significant effect on the environment. The project may qualify for
a Negative Declaration however, if adverse impacts are mitigated so
that environmental effects can be deemed insignificant. These findings
are shown in the checklist under the headings "YES-sig" and "YES-
insig" respectively.
A discussion of potential impacts and the proposed mitigation measures
appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION.
Particular attention should be given to discussing mitigation for impacts
which would otherwise be determined significant.
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
(sig)
YES , NO
(insig)
Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features? X
X
Result in or be affected by erosion of soils
either on or off the site? X
10.
11,
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy?
Alter a significant archeological,
paleontological or historical site,
structure or object?
X
X
X
X
X
X
X
X
-2-
BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
(sig)
YES , NO
(insig)
12
13
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
X
X
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
X
X
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
(sig)
YES
(insig)
NO
17. Alter the present or planned land use
of an area?
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
20. Increase existing noise levels?
21. Produce new light or glare?
X
X
X
X
X
-3-
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)? X_
32. Affect the quality or quantity of
existing recreational opportunities?
23. Substantially alter the density of the
human population of an area? X_
24. Affect existing housing, or create a demand
for additional housing? X_
25. Generate substantial additional traffic? x
26. Affect existing parking facilities, or
create a large demand for new parking? X_
27. Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods? X_
28. Alter waterborne, rail or air traffic? X_
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians? X_
30. Interfere with emergency response plans or
emergency evacuation plans? X_
31. Obstruct any scenic vista or create an
aesthetically offensive public view? X_
-4-
MANDATORY FINDINGS OF SIGNIFICANCE
YES, YES NO
(sig) (insig)
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory. X.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.) X_
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.) X_
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
-5-
DISCUSSION OF ENVIRONMENTAL EVALUATION
This project entails 7,800 cubic yards of grading on a hillside lot to
accommodate the construction of a single-family residence, pool and
driveway. The topography is relatively steep, containing large areas of
slope that exceed 40%. The parcel is located at 2224 El Fuerte and the lot
is adjacent to existing single-family development to the north and east.
PHYSICAL ENVIRONMENT
Grading to create a building pad and driveway will modify the topography of
the slope, however. Hillside Development Permit standards will be applied
to minimize the impact by requiring contour grading and a maximum slope
height of 30 feet. In addition, development on the steep portions of the
slope will be prohibited
Drainage and erosion control facilities will be incorporated into the
project by conditions of approval and no unstable earth conditions or unique
geologic features are located on the project site or in the general
vicinity. Development of the project would create impervious surfaces
onsite which reduce absorption rates and increase surface runoff and runoff
velocities, however, drainage facilities will be provided.
Development of the proposed project will incrementally contribute to the
depletion of fossil fuel and other natural resources, increase local and
regional air emissions; however, this is not regarded as a significant
impact in view of the limited scale of the project. Residential development
on this site at the appropriate density has been accounted and planned for
in the City's General Plan, as well as the Zone 6 Local Facilities
Management Plan, therefore, the above-mentioned impacts to physical
resources have been anticipated.
The property is an infill site surrounded by existing single-family
residences.
BIOLOGICAL ENVIRONMENT
The small scale size of the area being graded to accommodate development and
isolation of the area created by surrounding single-family residences limits
the biological value of the site. The site is adjacent to existing
development so there is no threat of introducing new species into a natural
area or limiting the movement of native animal species.
-6-
HUMAN ENVIRONMENT
Traffic impacts, increase to population, increased public facility demands
and the planned use of the area have all been accounted and planned for in
the City's General Plan and Zone 6 Local Facilities Management Plan. The
project will be required to pay public facility fees that will be used to
adequately mitigate any impacts upon utilities and public facilities.
The proposed project will incrementally increase noise levels in the area
due to traffic and contribute to light and glare in the project vicinity,
however, these impacts are considered insignificant due to the small nature
of the project. The development will be compatible with surrounding land
uses, and the project is required to meet City standards, ordinances, and
policies; therefore, no safety impacts are anticipated.
-7-
ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS;
a) Phased development of the project, b) alternate site designs,
c) alternate scale of development, d) alternate uses for the site,
e) development at some future time rather than now, f) alter-
nate sites for the proposed, and g) no project alternative.
ANALYSIS OF VIABLE ALTERNATIVES
The small nature of this single-family infill project limits any phased
development, nor does it lend itself to alternative site design or scale of
development. The property is zoned for single-family residential uses and
the project conforms to the adopted residential density for the area;
therefore, consideration of alternative uses or sites is not appropriate in
this case. Development of the site at some future time or the no project
alternative is not of benefit and only postpones the site's inevitable
development.
-8-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
V To x^^^-^ JlS^^
Date ^ igna)bure
Date PlannrRflf Director
LIST MITIGATING MEASURES (IF APPLICABLE)
N/A
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
-9-
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date S ignature
JG:af
-10-
CASE NO.
DATE:
ENVIRONMENTAI IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Applicant: ALEXANDER ZELITSKI
Address of Applicant: 293-N. EL CAMINO REAL
ENCINITAS, CA 92024
Phone Number: ( 619 ) 436-1522
Name, address and phone number of person to be contacted (if other than
Applicant): JEFF MITCHELL, O'DAY CONSULTANTS 944-1010
GENERAL INFORMATION: (Please be specific)
Project Description: APPLICATION FOR A GRADING PERMIT IN CONJUNCTION WITH A
BUILDING PERMIT FOR A SINGLE FAMILY RESIDENCE ON AN EXISTING LOT.
Project Location/Address: 7224 EL FUERTE
Assessor Parcel Number: 215 - 491 - 39
General Plan/Zone of Subject Property: ^ /
Local Facilities Management Zone: ZONE 6
Is the site within Carlsbad's Coastal Zone? NO
Please describe the area surrounding the site to the
North: SINGLE FAMILY RESIDENTIAL East: SINGLE FAMILY RESIDENTIAL
South: SINGLE FAMILY RESIDENTIAL \ilest: SINGLE FAMILY RESIDENTIAL
List all other applicable permits & approvals related to this project:
GRADING PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND BUILDING PERMIT
(Please be SpeciWe. Attach Additional Pages or HBibits. if necessary)
1. Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' br higher and 15% grade or greater is present on the site.
Development is of an existing residential lot, which slopes away form the
fronting street (existing). Existing natural grades vary up to greater
than 40%.
(Please see related Hillside Development Permit Application)
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.
(See Building Plans)
3. PLEASE AHACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
rates).
This as a residential development of one single family residence,
estimated at 7,300 S.F. an A.D.T. generation of 10, and no sales
prices anticipated at this time.
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
N/A
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
N/A
If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
N/A
I. ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate-space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
YES NO
X
EXPLANATION: None exists which may be affected.
3) Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION: Development is consistent with
existing neighborhood development.
4) Could the activity result in the displacement of
community residents?
EXPLANATION* ^° land is currently vacant.
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: Is consistent with land uses in its
vicinity.
2) Could the activity affect the use of a recreational
area, or area of aesthetic value? ^
X
X
5) Could the activity increase the number of low and
moderate cost housing units in the city?
EXPLANATION: PevelopTipnt is a private residence.
YES NO
X
6) Could the activity significantly affect existing
housing or create a demand for additional housing? x_
EXPLANATION: Development is a private developnent.
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation? x
EXPLANATION: ^° unique features exist on-site.
8) Could the activity significantly affect an
historical or archaeological site or its settings? ^
EXPLANATION: No historical or archaeological
sites exists.
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource? x
EXPLANATION: None exists
YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: No resources exists
11) Are there any rare or endangered plant or animal
species in the activity area? x
EXPLANATION: No
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches?
EXPLANATION: i"^ the immediate vicinity of any
such features.
13) Could the activity result in the erosion or elimin-
ation of agricultural lands? ^
EXPLANATION: ^'^ such lands will be affected.
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas? x
EXPLANATION: DeveloTanent is consistent with
neighborhood development. Project is an "in-fill"
development.
Y£i _m
15) Will the_ activity require a variance froiTi estab-
lished e'nvironmental standards (air, water, noise,
etc.)?
EXPLANATION: No
16) Is the activity carried out as part of a larger
project or series of projects? x
EXPLANATION: No
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency? x_
EXPLANATION: No
18) Will the activity require issuance of a variance or
conditional use permit by the City? x_
EXPLANATION: No variance is requested.
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials? ^
EXPLANATION: None exists on-site.
^ ^ YES NO
20) Will the- activiTy involve construction of facilities
in a flood plain? x
EXPLANATION: with a flood plain
21) Will the activity involve construction of facilities
in the area of an active fault? x_
EXPLANATION:
No active faults are within the iimediate area.
22) Could the activity result in the generation of
significant amounts of dust? - x.
EXPLANATION: No
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: No, all such debris will be properly
disposed.
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
EXPLANATION: No
m NO
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)? X
EXPLANATION: No, damnd will be only that of an
single family residence.
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater? x
EXPLANATION: Yes, please refer to the accompaning
Hillside Development Permit Application.
27) Will there be a significant change to existing
land form? ^
(a) Indicate estimated grading to be done in
cubic yards: 7,800 cy. .
(b) Percentage of alteration to the present
land form: 5% .
(c) Maximum height of cut or fill slopes:
43 feet (Fill) .
EXPLANATION: A large pad will be created
to accommodate the structure, pool, and tennis
courts.
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets? x_
EXPLANATION: No. existing facilities have been
designed anci installed to accommodate this
f^evplnpment.
YEi NO
29) Will the project significantly increase wind or x
water eros^ion of soils?
EXPLANATION: .Adequate treatment of manufactured
slopes will be provided.
30) Could the project significantly affect existing
fish or wildlife habitat? x
EXPLANATION: No habitat exists in the immediate area.
31) Will the project significantly produce new light
or glare? ^
EXPLANATION: No significant lighting of structure
or of parking facilities anticipated.
10
II. STATEMENT OF Wf-SIGN IF ICANT ENVIRONMENTAL FFF^S
'* , If you have answered yes to any of the questions in Section I but think
;' the activity will have no significant environmental effects, indicate your
reasons'below:
Regarding Questions 26&27, there will be development on land greater than
25% in slope. However; approximately 47% of the site will be left natural,
undisturbed. Also, terracing and split-level design have been implemented,
to help soften the effects of grading.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature
/<//"t/gi^ / Jeffery L. Mitchell
(Person Completing Report)
Date Signed <2g-/^^ ^4 /fSf
Instruct.eia
LBS:lh
11
^VDEW AND COMMENT MEMO
DATE: nOTHRFg. "^IjQ^Q
TO: ENGINEERING DEPARTMENT
GROWTH MANAGEMENT (MEMO ONLY)
HRE DEPARTMENT
pUILDINODEPAllTlrfaTb/^lj fYlXlX
PARKS AND RECREATION DEPARTMENT
NORTH COUNTY TRANSIT DISTRICT
CARLSBAD MUNICIPAL WATER DISTRICT
UTILITIES/MAINTENANCE
FROM: PLANNING DEPARTMENT
REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. MPP 89-^9
PROJECT TITLE: ^.ELlT^kLi ^F.^lnFlyfdF
APPLICANT O' C^nh{Rl I iTl T.^
PROPOSAL: Pit^^ ^.i^ij^ jrifx^w ij Pp^i^rWAF OKT TXtsi ^\im\Hi^
Project Planner: flF^g^ (jlft^^hhT
Please review and submit written comments and/or conditions to the Planning Department by
fN/nVFfr.feFI^ ^ij lQ'R'^ . If not received by that date, it will be
assumed that you have no comment and the proposal has your endorsement as submitted.
THANK YOU.
COMMENTS:
PLANS ATTACHED
DATE:
TO:
FROM:
REVIEW AND CQMf4y;NT MFf^n
RECEIVED
IQS
ENGINEERING DEPARTMENT
GROWTH MANAGEMENT (memo only)
FIBE DEPARTMENT
BUILDING DEPARTMENT CITY OF CARISBAD
PARKS AND RECREATION DEPARTMENTENGIWEERING DEPARTIIFNT
NORTH COUNTY TRANSIT DISTRICT -^"ificisB
COSTA REAL MUNICIPAL WATER DISTRICT
PLANNING DEPARTMENT
REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO: /^^F ^-^9
PROJECT TITLE:
APPLICANT:
PROPOSAL:
Project Planner:
Please review and submit written comments and/or conditions to
the Planning Department by ^/~0'7" ^ . If not
received by that date, it will be assumed that you have no
comment and the proposal has your endorsement as submitted.
THANK YOU. o ^^^^ ^^^^.^ chs:.^, ^ ^^^SMciM .^tlif^T S'
COMMENTS:
^ IM v.i><
Op €3woc^^ <Jin c-i^ h^csv'e ^-^.3^ ^s^sA^. fee^
i^N^A^TXc^ifeb^ i^^—A it^ H^p,t>e o AL-UT\UU ^U^|:>6J
Citv of Carlsbad
PlatiHing Department
January 26, 1990
Nick Major
JOHN HELM ARCHITECT, INC.
7682 EI Camino Real, Suite 201
Carlsbad, CA 92008
SUBJECT: HILLSIDE DEVELOPMENT PERMIT 89-49
Mr. Major,
In response to your letter dated January 16, 1990 concerning the Zelitsky residence the Planning
Department has determined that the proposed project's site plan and grading plan do not meet the
intent and standards of the Hillside Ordinance. Based on the present configuration of the building
pad and driveway, staff would be recommending denial of the project.
Section 2L53.230 of the Zoning Code strictly prohibits development on slopes 40% and greater.
There is no hillside exemption that would allow you to grade and develop on these slopes. Staff
feels that there are alternative site designs that would alleviate the encroachment onto 40% slopes
and reduce the amount of grading. The site is topographically constrained in the middle and rear
portions of the lot, therefore it is imperative that you pull the development closer to the street and
onto the flatter area of the lot. The rectangular foundation should be aligned parallel to the
contours and if necessary the driveway should be scaled down and the dwelling unit cut into the
upper portions of the site. Other options would include multi-level foundations that step down the
slope (not a foundation that cuts in and then steps up), and pole type construction with a smaller
building pad.
Staff recommends that you further explore alternative site designs that would more closely meet
the intent of the Hillside Ordinance. If your client feels that this is not a viable or realistic option
or that application of the hillside standards has created undue hardship in terms of the type of
development allowed on the property then they have the right to seek administrative relief by
appealing the Planning Department decision on the Hillside Permit to the Planning Commission.
If you have any questions contact me at 438-1161.
Sincerely,
JEFF GIBSON
Assistant Planner
JG:kd
HDP8949.JG
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Citv of Carlsbad
February 26, 1990
Alexander Zelitski
293 N. El Camino Real
Encinitas, CA 92024
SUBJECT: Hillside Development Permit HDP 89-49 - ZELITSKI RESIDENCE
APN: 215-491-39
The City has completed a review of the application for a Hillside Development Permit to allow
grading for the construction of a single family dwelling unit, located on El Fuerte Street between
Acura Court and Bolero Street.
It is the Planning Director's Determination that the project is consistent with the City's Hillside
Development Ordinance, Chapter 21.95 of the Carlsbad Municipal Code and therefore
APPROVES the request based on the following findings and conditions:
Findings:
1. Hillside conditions have been properly identified on the constraints map which shows
existing and proposed conditions and slope percentages.
2. Undevelopable areas of the project i.e., slopes over 40%, have been properly identified
on the constraints map.
3. All development is designed to minimize grading and alignment of the house and will
reduce impact on the slope.
4. No development will occur in the undevelopable portions of the site.
5. Grading design minimizes disturbance of hillside areas.
6. The project design substantially conforms to the intent of the concepts illustrated in the
Hillside Guidelines Manual as follows:
a. Grading volumes per acre are within acceptable limits.
b. The slopes are contoured and cut slopes do not exceed 30 feet in height.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Alexander Zelitski
February 26, 1990
Page 2
Conditions:
1. Approval is granted for HDP 89-49, as shown on Exhibits "A" - "D", dated February 26,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown on the approved exhibits. Any proposed grading
and/or development substantially different from this approval as determined by the
Planning Director, shall require an amendment to this Hillside Development Permit.
2. All newly created cut and fill slopes must be landscaped and screened from adjoining
properties to the satisfaction of the Planning Director.
3. Landscape and irrigation plans designed in accordance with the City of Carlsbad's
Landscape Design Manual shall be submitted to the Planning Department for approval
prior to issuance of building or grading permits, whichever occurs first.
Please contact your staff planner, Jeff Gibson, at (619) 438-1161 ext. 4476, if you have any
questions.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:JG:kd
c: Gary Wayne
Angelina/Crystal
Erin Letsch
Bob Wojcik
Data Entry
hdp8940.ltr
January 16th, 1990.
Planning Department,
CITY OF CARLSBAO.
HAHD DELIVERY
For Attention Mr Jeff Gibson
KODSE ZELITSKY: PROPOSED DEmOPMER
In order to clarify our interpretations and responses to the Hillside
Developamit Ordinance requireaents in relation to the Zelitsky residence we
present the following for your consideration. The quoted text refers to the
actual ordinace and our coonents follow in bold priat.
I.REQUIRED HILLSIDE DEVELOPNEHT PERMIT FINDINGS
l.''That hillside conditions have been properly identified";
Refer "Hillside Architecture Specific Concems" below.
2."That undevelopable areas of the project have been properly
identified"; this is defined in Section 21.53.23f as follows:
a."Slopes with an inclination of greater than 41 percent or
•ore"; note that 21.53.231 (c) states that "... the city council
•ay pernit linited development of such property if, when
considering the property as a whole, the prohibition against
development would constitute an unconstitutional deprivation of
property".
The proposed developaoat has attonpted to achieve the best comprowLse
between the potential impact of placing the structure and the
avoidance of 4f% slopes. These slopes are encroached on in two places
in this proposal:
first: below the tvrn-arovnd, where the proposed slope
feathers into the existing 4i%+ slope scmt «ncroaclawnt
occurs: the alternative here would be to use retaining
walls instead of the softscape solution we propose;
secoftd: Towards the West, the main outdoor living terrace,
including the area reserved for a future swiading pool,
encroaches on a 4f%+ slope area. This portion of the
site is a tributary of a small ravine and is therefore
less visible from the valley than most of the site,
which is why it is favored for reasons of privacy and
non-disruption, lie have been undble to design any
altemative to this plan which can achieve a better
use, from the point of view of neighbors and
surrounding uses, than this layout and the altemative
to oicroacfament on the 4f%-f slope area would be to use
high retaining walls and, if the structure were moved
higher on the slope to a flatter area, more extensive
fill throuf^ut.
3."That the development proposal and all applicable approvals and
permits are consist«it with the purpose, intent and requirements of
this chapter"; this is a matter for interpretatim.
4."That no development or grading will occur in those portiammr of the
property which are undevelopable pursuant to the provisions of Section
21.53.230 of this code"; refer to paragraph "2" above.
5."That the project design and lot configuration minimizes disturbance
of hillside lands";
Given the cmsiderable constraints imposed by the severe drop at the
ui^rmost bowmdary of the site coi^led with a challenging topography
in general, we feel strongly that we have, by careful planning,
managed to adhieve • solution idiich will blend well with the natural
land form as it exists and enhance these forms with the proposed
landsci^ing and grading.
In particular we feel that we are proposing a developed hillside with
smooth, blended curved forms, sympathetic to the natural forms,
designed to allow the effective use of landscape elements to minimize
the visual impact of the stmcture. (Unfortunately this is more than
has been achieved by many of the nearby developments - refer
photographs.)
6."That the project design substantially conforms to the intent of the
concepts illustrated in the hillside develoj^nt guidelines manual";
refer to the next section below.
II.SUMMARY IN TERMS OF HILLSIDE DEVELOPMENT REGULATIONS PURPOSE AHD INTENT
1."Assure hillside alteration will not result in substantial damage or
alteration of significant natural resource areas, wildlife habitats or
native vegetation areas";
There would appear to be no problem in this regard.
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";
The proposed development attempts to provide eased, curved slopes
which Nihance the surrounding land forms while providing aaqple
opportunity for landscaped private outdoor spaces and reducing the
elevation of the main stracture as far as is feasible; in addition,
the design deliberately attaints to bury part of the mass to view from
off-site.
3."Assure proper design is utilized in grading, landscaping and in the
development of structures and roadways to preserve the natural
appearance of hillsides";
In general, the inherited problem of the access road being so far
above the site has forced us to use a serpentine driveway which
results in unavoidable grading at the top of the site. As the fall on
the site is significant even in the relatively flat areas the driveway
has to run a considerable distance before it meets the natural site
level. If the driveway were to be k^t to a minimnm loigth, the
garage would have to be considerably higher and extensive fill would
Ibave to be used to achieve this.
Instead, we have positioned the house so as to allow some degree of
cut to the driveway, in order to reduce the elevaticm of the house
within reasonable limits. This has the advantage of reducing the
amount of fill at the lower edge too.
The proposed configuration of driveway and turnaround is such as to
get the main levels of the house as close to existing grade as
possible, thereby making best use of the split-level floor and
allowing the house to follow the land form on the east side. This
also keeps finish grades along the eastem edge close to those
established by the neighboring development, thereby reducing impact on
this edge.
This configuration, by reducing the elevatioa of the house, minimizes
its visibility from the road above. Ae area between the house and
the street lends itself readily to landscaping and will pres«it a
favorable view as seen from all above, including the road. The house
presets a fairly narrow facade to the street which further reduces
the visual impact.
In order to accowaodate the programmed spaces it was decided to use a
basement for the recreation spaces. The intentim is to reduce the
apparent bulk of the building as seas from afar and the basemoit has
accordingly be«ii tucked under the building in a somewhat unexpected
manner. While this does increase the amount of cut required, this
occurs in an area which is for the most part invisible off-site. The
related outdoor space, intended to accommodate a future pool, is
hidden from sight from the road by th#landscaped bank above, screened
by the house itself from the eastem aeii^Uwrs and fca» below is
largely screened hj the proposed terracimg aad banking. To reduce the
apparent height of this (western) facade of the building, large curved
decks, stepped up parallel to the sli^e, provide a foreground as
viewed from below. A curved stairway ia front of the lower deck
provides another level of transition to the terrace below. Viewed
from below, the proposed terraces and decks will be seen to
progressively step up the slope against the backdrop of th^ landscaped
slopes above, naturally foreshortened by the low viewpoint.
The southem facade of the house is not moderated by balconies or
decks, other than a bay window to the library and this edge is
therefore to be softened by the planting of trees in this area. This
landscape eloaent will provide shade and considerably enhance the
intended outdoor terrace below.
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";
'"Uiis is a matter for interpretation but we do feel straggly that the
developmmt we are proposing is more conscientious and sensitive in
this regard than much of the surrounding fabric.
5."Assure hillside conditions are properly identified and incorporated
into the planning process"; refer above.
6."Iaplapent the intent of the land use and open space/conservation
elements of the Carlsbad general plan"; a matter for interpretatitm
by the Planners.
7."Prevent erosion and protect the lagoons from excessive siltation";
this aspect has been adequately dealt with.
8."Encourage creatively designed hillside development requiring a
minimal amount of grading";
We have givm this considerable attention and have pursued at least a
4
dozen elusive "better" solutions; what we are presoiting at this stage
is traly the best solution to the program on this site. While we
would welcome any suggestion iriiich would improve the overall effect,
we doubt that any sigaificaatly better soluticm exists.
9."Reduce the intensity of development on hillside areas to ensure all
development that does occur is compatible with the existing
topography";
this is preswably aimed at the planning of subdivisions, rather than
a single residential develi^pment.
III.HILLSIDE ARCHITECTURE SPECIFIC CONCERNS
l."The volume of structures shall generally decrease with an increase
in the percent of hillside slope";
The volume of the intended development is comparable miti^ that of
existing developments nearby; we are taking further steps to reduce
the impact of that volume too.
2."Multilevel or terraced foundations whicli fit a structure into the
natural slope and form of the hillside shall be the preferred
structural design on the uphill side of the street";
If the intention of making the basoMot "hidden" is recognised, the
main levels of the structure conform closely to the flow of the
topography by using the "split-level" concept. This is carried
through to the decks as well.
3."Hillside architecture shall incorporate appropriate structure
modulation along with floor and roof-level transitions to fit a
structure and roofline into the natural contours, features and
background of the hillside";
The floor transitions have been mentioned above; the maia roof is not
modulated but rathM: iapooes a simple unity to the stracture as a
irtiole. The use of staggered decks and balconies does however provide
much modulation; to the East, the covered entry and protruding garage
provide a scale transition. It should be noted (refer photographs)
that unmodulated roofs abound in the area.
4."The length of a structure shall orient parallel with the contour of
the hillside. The greater the hillside slope, the longer the structure
length to width ratio shall be required";
This naturally assumes single-level planning to mdnimize the pad size;
this proposal uses multiple levels, both interior and exterior, to
provide a close relationship between land form and structure.
5."Bulky, rigid, excessively angular, vertical or other obtrusive
geometric architecture accessory structures or fences which are not in
the same pattern, proportion or scale with the hillside landform shall
be discouraged";
After reviewing existing develivmnats in the general vicinity, we feel
that this development should harmonize acceptably.
6."The dominate roof slope shall follow the dndnate slope of the
hillside";
Our attempts to minimise the impact om the snrrowidinga iduile still
providing a quality residence has necessitated some creativity on our
part; in the process we have had to compromise in some areas and have
not adhered strictly to this requirement. This applies %o
existing houses in the area too.
If the above satisfies any doubts you have had as to the project's acceptability
we would be pleased to submit it for further processing; if there are still
areas of doubt we trust that you will direct your comments and any further
queries to the writer at 942-1999.
Thanking you for your co-operation.
Nick Major, for
John Helm Architect, Inc.
r Citv of Carlsbad
Planning Department
October 26, 1989
O'Day Consultants
7750 - 2-H, El Camino Real
Carlsbad, CA 92009
SUBJECT: ZELITSKI - HDP 89-49
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Hillside Development Permit, application no. HDP 89-
49, as to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your
application may have already begun, the technical acceptance date is acknowledged by
the date of this communication. The City may, in the course of processing the
application, request that you clarify, amplify, correct, or otherwise supplement the basic
information required for the application. In addition, you should also be aware that
various design issues may exist. These issues must be addressed before this application
can be scheduled for a hearing. (See attached sheet for issues.)
Please contact your staff plarmer, Jeff Gibson, at (619) 438-1161 extension 4471, if you
have any questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:JG/lh
cc: Gary Wayne
Crystal/Angelina
Erin Letsch
Bob Wojcik
Data Entry
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
O'Day Consultants
October 26, 1989
Page 2
ISSUES OF CONCERN
No. HDP 89-49 - ZELITSKI
PLANNING:
1. No development or grading should occur in those portions of the property which
are considered undevelopable pursuant to the provisions of Section 21.53.120 of
the City's Municipal Code. (This includes slopes 40% and greater.)
2. Cut or fill slopes shall not exceed thirty feet in height. (Section 21.95.060(j)(l)
Hillside Development and Design Standards.)
3. The project design should minimize disturbance of hillside lands. Residential
development on slopes with an inclination of 25% to 40% should be designed to
minimize the amount of grading necessary to accommodate the project. (Section
21.53.23(d) Residential Development Restrictions on environmentally sensitive
lands.)
4. The project as designed does not substantially conform to the purpose and intent
of the City's Hillside Development Regulations and the concepts illustrated in the
Hillside Development Guidelines Manual. (Orientation of development, bulk of
structures, step foundations, etc.)
ENGINEERING:
1. Manufactured slopes exceed 2:1.
2. Gross slope drain bench must be 8' not 6' wide.
3. Actual toe of the slope is not accurately depicted on the plans. The toe will move
out farther to the south.