HomeMy WebLinkAboutHDP 89-57; Mahin Residence; Hillside Development Permit (HDP)CITY OF CARLSBAD ^
\AND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept.
Use Only)
• ^
(For Dept.
Use Only)
•
•
•
•
•
•
•
•
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.
•
•
•
•
•
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 SIDE OF
BETWEEN
(NORTH, SOUTH, EAST, WEST)
AND
(NAME OF STREET)
(NAME 'OF STREET)
3) BRIEF LEGAL DESCRIPTION:
(NAME OF STREET)
-7
4) ASSESSOR PARCEL NO(S).
5) LOCAL FACILITIES
MANAGEMENT ZONE
6) EXISTING GENERAL
PLAN DESIGNATION
7) PROPOSED GENERAL
PLAN DESIGNATION
8) EXISTING ZONING i"9) PROPOSED ZONING A7/A 10) GROSS SITE
ACREAGE
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
12) PROPOSED NUMBER
OF LOTS
13) TYPE OF
SUBDIVISION
14) NUMBER OF EXISTING RESIDENTIAL UNITS
(RESIDENTIAL
COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL
OFFICE/SQUARE FOOTAGE
16) PROPOSED COMMERCIAL
SQUARE FOOTAGE
ARFH0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS
20) PROJECT NAME:
MA. 19) PROPOSED INCREASE
IN AVERAGE DAILY
TRAFFIC j^Aisr.
21)BRIEF DESCRIPTION OF PROJECT: fc;.^^^ ^ -.^-^z^c,^^
JL
22)^^, OWNER 23) ^Sc& mVlZm£^f//)^e-r/^J
NAME (PRINT OR TYPE) ^^///^^^ /^aS/^ NAME (PRINT OR TYPE)
MAILING ADDRESS
^cSo ^n^cff^y// 7}»- (::^r'7S'6ae7 ?^o^£
MAILING ADDRESS, . , . A ^, ^
CITY AND STATE ZIP TELEPHONE CITY AND STAJ^^ii^^54J^^^LEPH0NE
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 CERTIFyy]j^3^AM T^ REPRE-
INFORMATflSrSRSsesScpSicT TO
SIGNATU R&^^
********************************************************************
FOR CITY USE QNLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
r-^ ^ ^ ^ f s?;?
i_ w 0 I
DLVCi,CP. PaGC. SERV. VM.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO,
ARFM0008.DH 4/89
APPLICANT;
ACENT:
MEMBERS;
DISCLOSURE FOR^
C77^ //Tyr:) T^oA/r^
Name (individual, partnership, joint venture, corporation, syndicatiof
Business Addre/s " "
Telephone Number
Name J J
^////^^/^/^/^.^/-/ J7r../^ l//.^/^ f^^S3
Business Address
T^7 <PfS2
Telephone Number
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
i/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the Information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
APPLICANT
BY / Agent, Owner, Partner
April 25, 1989
I hereby give Arthur T. Ammon and B & B Civil Engineers permission
to do necessary grading on my property as per plan.
Chiltdn Mahin
4080 Sunnyhill Drive
Carlsbad, CA 92008
•
CITY OF CARLSBAD ^
ENUE CARLSBAD, CALIFOlRlA 92008
438*5621
RgC'D FROM I'l f^Jj/..^ / DATE 7.J~ Y ;/ 9
ACCOUNT NO. DESCRIPTION AMOUNT
c Ol s/o- a^zx) '7''i( JIKJJL^/. /"i^: /7^^
j
1893 12/m/m 0001 01 05 1
MTT ^\\!\ ftri !'IJ.'.JL xpij'W
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RECEIPT NO. 97923 TOTAL
Form No. 1068-1 (Rev. 7/88)
Exhibit A to Preliminary Report
Preliminary
Report
First American Title Insurance Company
EXHIBIT A
LIST OF Pi^ED EXCEPTIONS AND EXCLUSION (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (7-88)
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which ore not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by o public agency which may result in taxes or ossessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or cloims which are not shown by the public records but which could be oscertoined by on inspection of the land or which may be asserted by persons in posses-
sion thereof.
3. Easements, liens or encumbrances, or claims thereof, which ore not shown by the public records.
4. Discrepancies, conflicts in boundory lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which ore nol shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damoge, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any low, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinances, or regulations) restricting, regulating, prohibiting or relating lo (i) the
occupancy, use, or enjoyment ofthe 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
ihedimensionsorareoof ihelondor any parcel of which the land is or was o port; or (iv) environmental protection, or the eftectofony violation ot these lows, ordinances or governmentol
regulations, except to the extent thot o notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or olleged violation effecting the land has
been recorded in the public records at Dote of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that o notice of the exercise thereof or a notice of o defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Dote 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 talcing which has occurred
prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or nol recorded in the public records at Dote of Policy, but created, suffered, assumed or ogreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured cloimont and not disclosed in writing tothe Compony by the insured claimant prior
lo the dale the insured claimant became on insured under this policy;
(c) resulting in no loss or damage to the insured cloimont;
(d) altoching or created subsequent to Dote of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had poid value for the insured mortgage or for the eslate or interest insured by this
policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured ot Dote of Policy, or the inability or failure of any subsequent owner of the indebted-
ness, 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 low.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or reguloting the charocter, dimensions or location of ony improvement now or hereafter erected on the land, or prohibiting a separation in ownership or o reduction in the dimen-
sions of orea of the land, or the effect of ony violotion of ony such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights oppeors in the public records ot Date of Policy.
3. Defects, liens, encumbronces, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Compony and not shown by the
public records but known to the insured claimant either at Dote of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured
cloimont to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damoge to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not hove been sustained if the insured claimant hod paid value for the estate or interest insured by this
policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as o Stondord Coverage Policy and not as on Extended Coverage Policy the exclusions set forth in paragraph 2 above ore used and the
following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Port One:
1. Taxes or assessments which ore not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which ore not shown by the public records but which could be oscertoined by on inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of eosement or encumbrances which ore not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which o correct survey would disclose, ond which are not shown by public records.
5. Unpatented mining claims; reservations or excep^^^^^in patents or in Acts authorizing the issuonce thereof; water claims or title to water.
6. Any lien, or right to a lien, for services, labor.or moterioLheretofore or hereafter furnished, imposed by low and not shown by the public records.
ORDER NO. 998102-4
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
OCTOBER 4, 1989
B & B ENGINEERING
2111 INDUSTRIAL STREET, SUITE A
VISTA, CALIFORNIA
ATTN: ART BEARD
YOUR REF: MAHIN
OUR ORDER NO. 998102-4
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST IOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS
SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF OCTOBER 2, 1989 AT 7:30 A.M.
BRUCE A. BLANCHARD/SLP - TITLE OFFICER
DIRECT DIAL PHONE 231-4670
PAGE 1
C '1'
ORDER NO. 998102-4
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CHILTON A. MAHIN AND JOAN T. MAHIN, HUSBAND AND WIFE AS JOINT TENANTS
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-90, A LIEN,
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. AN EASEMENT FOR A LINE OF POLES AND WIRES IN FAVOR OF SAN DIEGO
GAS AND ELECTRIC COMPANY, A CORPORATION AND AN EASEMENT FOR A
WATER SYSTEM IN FAVOR OF CARLSBAD MUTUAL WATER COMPANY, A
CORPORATION, AS DISCLOSED BY SUBDIVISION MAP NO. 2647.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
PAGE 2
ORDER NO. 998102-4
5. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN, IN AN INSTRUMENT RECORDED APRIL 18, 1950 IN BOOK 3586,
PAGE 359 OF OFFICIAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $65,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS
SECURED THEREBY, RECORDED JANUARY 6, 1978 AS FILE NO. 78-005413
OF OFFICIAL RECORDS.
DATED: DECEMBER 23, 1977
TRUSTOR: CHILTON A. MAHIN AND JOAN T. MAHIN, HUSBAND AND
WIFE
TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION, A CORPORATION ORGANIZED AND EXISTING
UNDER THE LAWS OF THE UNITED STATES OF AMERICA
7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $51,536.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS
SECURED THEREBY, RECORDED DECEMBER 14, 1984 AS FILE NO. 84-466883
OF OFFICIAL RECORDS.
DATED: DECEMBER 10, 1984
TRUSTOR: CHILTON A. MAHIN AND JOAN T. MAHIN, HUSBAND AND
WIFE AS JOINT TENANTS
TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION
8. A NOTICE OF GRADING VIOLATION EXECUTED BY CITY ENGINEER, CITY OF
CARLSBAD, RECORDED MARCH 15, 1989 AS FILE NO. 89-132965 OF
OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
1989-1990 TAX INFORMATION:
CODE AREA: 09000
PARCEL NO.: 207-072-06
1ST INSTALLMENT: $345.54 OPEN
2ND INSTALLMENT: $345.54 OPEN
LAND VALUE: $23,509.00
IMPROVEMENTS: $46,057.00
EXEMPT: $7,000.00
PAGE 3
ORDER NO. 998102-4
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 3 3 OF CARLSBAD HIGHLANDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, APRIL 18, 1950, LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE.
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 33; DISTANT
THEREON 97.63 FEET SOUTHERLY FROM THE NORTHWESTERLY CORNER OF SAID
LOT; THENCE ALONG A LINE RADIAL TO THE CURVE CONSTITUTING THE
WESTERLY BOUNDARY OF SAID LOT, NORTH 75''33'32" EAST TO THE EASTERLY
BOUNDARY OF SAID LOT.
PAGE 4
POR. 25) 7.7^^
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a74.
CHANGES
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4; AJUE-RICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH ^^NDORSEMENT FORM 1 COVERAGE (AMENDf ^^-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any low, ordinance or governmental regulation (including but not limited lo building ond zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or reguloting the character, dimensions or locotion of any improvement now or hereafter erected on the land, or prohibiting o seporotion in ownership or a reduction in the dimen-
sions or area of the land, or the effect of ony violation of any such low ordinance or governmental regulation.
2. Rights of eminent domoin or governmental rights of police power unless notice of the exercise of such rights oppeors in the public records at Dote of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the
public records but known tothe insured cloimont either ol Dote of Policy or ol the dale such claimant ocquired on estate or interest insured by this policy or acquired the insured mortgoge
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became on insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) altoching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any stotutory lien for labor or moterial or to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed at Dote of Policy).
4. Unenforceobility of the lien of the insured mortgage because of failure of the insured at Dote of Policy or of any subsequent owner ot the indebtedness to comply with applicable "doing
business" lows of the stole in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
V/hen the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and nol as on Extended Coverage Policy, the exclusions set forth in porogroph 4 above are used
and the following exceptions lo coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in ports one ond two following:
Part One:
1. Taxes or assessments which ore nol shown os exisling liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records.
2. Any facts, righls, interests, or cloims which ore not shown by the public records bul which could be oscertoined by on inspeclion of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of eosement or encumbrances which ore not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shorloge in area, encroochments, or any other facts which o correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining cloims; reservations or exceptions in patents or in Acts authorizing the issuonce thereof; water rights, claims or title to water.
6. Any lien, or right lo a lien, for services, labor or material theretofore or hereofler furnished, imposed by law and nol shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1987
WITH A.LT.A ENDORSEMENT FORM 1 COVERAGE (10-21-87)
EXCLUSIONS FROM COVERAGE
The following matters ore expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any low, ordinance or governmental regulation (including but nol limited to building and zoning lows, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a seporotion 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 lows, ordinances or
governmental regulations, except to th'e extent that o notice of the enforcementthereof 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 Dote of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or o notice of o defect, lien or encumbrance resulting from a viola-
tion or olleged violation offecting the land has been recorded in the public records at Dote ot Policy.
2. Rights of eminent domoin unless notice ot 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 Dote of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Detects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or ogreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records ot Dote of Policy, but known to the insured claimant ond not disclosed in writing to the Compony by the Insured claimant prior
to the dote the insured claimant became on insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Dote of Policy (except to the extent that this policy insures the priority ot the lien of the insured mortgage over any statutory lien tor services, labor or
moteriol or the extent insurance is offorded herein as to assessments for street improvements under construction or completed at dote ot policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant hod paid value for the insured mortgage.
4. Unenforceobility of the lien of the insured mortgage because of the inability or tailure ot the insured at Dote of Policy, or the inobilty or failure of any subsequent owner ot the indebtedness,
to comply with opplicoble "doing business" laws of the state in which the land is situated.
5. Involidity 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 low.
6. Any statutory lien for services, lobor or materiols (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from on improve-
ment or work related to the lond which is contracted for and commenced subsequent to Dote of Policy and is not financed in whole or in port by proceeds of the indebtedness secured by
the insured mortgage which at Dote of Policy the insured has advanced or is obligated to advance.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1987 (10-21-87)
WITH REGIONA|. EXCEPTIONS
When the American Lond Title Association policy is used os o Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in porogroph 6 above are used and the
following exceptions to coveroge appear in the policy.
(continued on bock)
^ , . . .A SCHEDULE B —-
This policy does not insure ogalnst loss or damog^^p the Company will not pay costs, attorneys' fees or expensJ^^nch arise by reason of:
1. Taxeifcr assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any tacts, rights, interests, or claims which ore not shown by the public records but which could be oscertoined by on inspection ot said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of eosement or encumbrances which ore not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or ony other tocts which o correct survey would disclose, and which ore not shown by public records.
5. Unpatented mining cloims; reservations or exceptions in patents or in Acts outhorizing the issuance thereof; woter rights, claims or title to water.
6. Any lien, or^right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by low and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1987 (10-21-87)
EXCLUSIONS FROM COVERAGE
The following matters ore expressly excluded from the coverage of this policy and the Company will not pay loss or damoge, costs, attorneys' tees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinonces, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the chorocter, 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 ofthe land or ony parcel of which the land is or was a port; or (iv) environmental protection, or the effect of ony violation of these lows, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or o notice of a defect, lien or encumbrance resulting from a violation or olleged violation affecting
the land has been recorded in the public records ot Date of Policy,
(b) Any governmental police power not excluded by (o) above, except to the extent thot o notice of the exercise thereof or a notice of o defect, lien or encumbrance resulting trom a viola-
tion or alleged violation affecting the land has been recorded in the public records at Dote ot Policy.
2. Rights ot eminent domain unless notice ot the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding trom coverage any taking which has occurred
prior to Dote of Policy which would be binding on the rights of a purchaser tor value without knowledge.
3. Detects, liens, encumbronces, adverse cloims or other motters:
(a) created, suffered, assumed or agreed to by the insured cloimont;
(b) not known to the Company, not recorded In the public records ot Dote ot Policy, but known to the insured cloimont and not disclosed in writing to the Compony by the insured claimant prior
to the dote the insured claimant became an insured under this policy;
(c) resulting in no loss or damoge to the insured cloimont;
(d) attaching or created subsequent to Dote of Policy; or
(e) resulting in loss or damage which would not hove been sustained if the insured claimant hod paid value for the estate or interest insured by this policy.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POUCY- 1987 (10-21-87)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coveroge Policy and not as an Extended Coveroge Policy the exclusions set forth in paragraph 8 obove are used and the
tollowing exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insured ogoinst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which orise by reason of:
Port One:
1. Taxes or assessments which ore not shown as existing liens by the records of any toxing outhority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or cloims which ore not shown by the public records but which could be oscertoined by on inspection of sold lond or by moking inquiry ot persons in
possession thereof.
3. Easements, claims ot eosement or encumbrances which are not shown by the public records.
4. Discrepancies, contlicts in boundory lines, shortage in oreo, encroachments, or ony other facts which a correct survey would disclose, and which ore not stiown by public records.
5. Unpatented mining claims; reservotions or exceptions in patents or in Acts outhorizing the issuance thereof; water rights, cloims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by low and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you ore not insured ogoinst loss, costs, attorneys' tees ond expenses resulting from:
1. Governmentol police power, and the existence or violation of any low or government regulation. This includes building and zoning ordinances and also lows ond regulations
concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement ot these motters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 ot Covered Title Risks.
2. The right lo take the land by condemning it, unless:
• 0 notice ot exercising the right appears in the public records on the Policy Dote
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that ore created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title otter the Policy Dote - this does not limit the labor and material lien coverage in Item 8 ot Covered Title Risks
4. Failure to pay value for your title.
5. Lock ot 0 right:
• to any land outside the area spei; 'ly described ond referred to in Item 3 of Schedule A or j
• in streets, alleys, or waterways tho.^jch your land
This exclusion does not limit the occess coverogfe in"^rt>fn 5 of Covered Title Risks. ., . • .
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
Nortfi Coast Publisfiers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024
(619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, gs.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and 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 Corlsbad, 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 Corlsbad, County of Son Diego, State of California, for a period exceeding one year next
preceding the dote 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
newspaper and not in any supplement thereof on
the following dates, to-wit:
NEGATIVE
DECLARATION
PROJECT ADDRESS/LOCA-
TION: 4070 and MW SannjrliiU
PHOJBCiT DMCail'TlON.
Appraxiautelsr IJM cuMe rV^of
above de«SBMpn>J'ect putiuant
to the Guideline! for Implementa-tion ofthe California Environmen-tal Quality Act and the Environ-mental Protection Ordinance ofthe
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 flle In the Plan-
ning Department
A copy of the Negative Declara-
tion with supportive documents is
on file in the Planning Department,
2075 Las Palmas Drive, Carlsbad,
California 92009. Comments from
the public are invited. Please sub-
mit comments In writing to the
Planning Department within ten
(10) days of date of issuance. Dated: January 12,1990 Case No: PE 2.89.35/HDP 89-57 Applicant: B & B Engineering
MICHAEL J. HOLZMILLER
Planning Director
CJ 6066: January 12,1990
January 12 19. 90
19 ... .
9.
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 12th
day of J a n u a
Clerk of the Printer
#202-2IVI-12/87
Citv of Carlsbad
Planning Department
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: 4070 and 4080 Sunnyhill Drive. APN: 207-072-05 & 06
PROJECT DESCRIPTION: Approximately 1,965 cubic yards of grading on existing
residential lots with existing structures
The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California
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, California 92009. Comments
from the public are invited. Please submit comments in writing to the Planning
Department within 10 days of date of issuance.
DATED: January 12, 1990
CASE NO: PE 2.89.35/HDP 89-57
APPLICANT: B & B Engineering
PUBLISH DATE: January 12, 1990
MICHAEL J. HOtZMILLI
Planning Director
AH:kd
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
%CASE Nd^ PE 2.89.35
OATE: 21 Nov. 1989
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Applicant: ARTHUR AMMON
Address of Applicant: 4070 Sunnyhill Dr,
Carlsbad. CA. 92008
Phone Number: ( 619) 434 3177/729 5681
Name, address and phone number of person to be contacted (if other than
Applicant): B & B ENGINEERING INC. 2111 industrial Cou3:t, Ste. 'A'
Vista, CA. 92083
GENERAL INFORMATION: (Please be specific)
Project Description: TOG2647 L00032 ;
T.ot 32 nf Carlsbad Highlands. Citv of Carlsbad
(Map 2647 )
Project Location/Address: 4070 Sunnyhill Dr.
Carlsbad, CA. 92008
Assessor Parcel Number": 207 - 072 - 05
General Plan/Zone of Subject Property:
Local Facilities Management Zone:
Is the site within Carlsbad's Coastal Zone? yes
Please describe the area surrounding the site to the
North: T^PRI dential East: Residential
South: Rp.c^iriPntial West: Residential
List all other applicable permits & approvals related to this project:
(Please be Specific "**ach Additional Pages or
%
be^
its, if necessary)
Please describe^he project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
Please see attached: Slope Analysis Map^Profile
Please describe energy conservation measures incorporated into the design
and/or operation of the project.
N/A
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).
N/A No new construction - only grading,
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
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
d. 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
ENVIRONMENTAL ^^CT 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
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION:
2) Could the activity affect the use of a recreational
area, or area of aesthetic value?
EXPLANATION:
3) Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION:
4) Could the activity result in the displacement of
community residents?
EXPLANATION:
YES NO
5) Could the activity increase the number of low and
moderate cost housing units in the city? •
EXPLANATION:
6) Could the activity significantly affect existing
housing or create a demand for additional housing?
EXPLANATION:
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?
EXPLANATION:
8) Could the activity significantly affect an >»•
historical or archaeological site or its settings?
EXPLANATION:
9) Could the activity significantly affect the y
potential use, extraction, or conservation of a t/^
scarce natural resource?
EXPLANATION:
% % YES NO
10) Could the activity significantly affect fish, >
wilHliFp nr niant rp";niirrp<;? * ^ wildlife or plant resources?
EXPLANATION:
11) Are there any rare or endangered plant or animal
species in the activity area? ^
EXPLANATION:
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands , ^ or beaches?
EXPLANATION:
13) Could the activity result in the erosion or elimin-
ation of agricultural lands? %^
EXPLANATION:
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop- >^
ment of already developed areas? ^
EXPLANATION:
%
YES NO
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)? ^
EXPLANATION:
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION:
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state •
or federal environmental control agency?
EXPLANATION:
18) Will the activity require issuance of a variance or ^y
conditional use permit by the City? ^
EXPLANATION:
19) Will the activity involve the application, use, or ^
disposal of potentially hazardous materials?
EXPLANATION:
20)
21)
Will the-actT^Py involve construction of fac
in a flood plain?
EXPLANATION:
:^^^ies YES NO
Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION:
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION:
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPUNATION:
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:
YES NO
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION:
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION:
27) Will there be a significant change to existing ^/
land form?
(a) Indicate estimated grading to be done in
cubic yards: .
(b) Percentage of alteration to the present
land form: .
(c) Maximum height of cut or fill slopes:
EXPLANATION:
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION:
^ ^ VES
29) Will the proj^t significantly increase wind or
water eros^ion of soils?
EXPLANATION:
30) Could the project significantly affect existing
fish or wildlife habitat? ^
EXPLANATION:
31) Will the project significantly produce new light ^/
or glare?
EXPLANATION:
10
II, STATEMENT OF/ SIGNIFICANT ENVIRONMENTAL E
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:
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
"/ (Person Completing Report) (Person Completing Report)
Date Signed
Instruct.eia
LBS:lh
11
DATE:
TO:
REVIEW AND CQMMir^T H^l"
ENGINEERING DEPARTMENT
GROWTH MANAGEMENT (mamo only)
FIBE DEPARTMENT
OUILDING DEPARTMENT
PARKS AND RECREATION DEPARTMENT
NORTH COUNTY TRANSIT DISTRICT
COSTA REAL MUNICIPAL WATER DISTRICT
RECEIVED
DEC 1 1389
FROM: PLANNING DEPARTMENT
REQUEST FOR REVIEW ANO COMMENT ON APPLICATION NO
PROJECT TITLE: /f/ '/^ •
APPLICANT:
PROPOSAL:
CITY OF CARLS!
7 £2^
Project Planner:
Please review and submit written comments and/or conditions to
the Planning Department by a/— O ^ — . if not
received by that date, it will be assumed that you have no
comment and the proposal has your endorsement as submitted.
THANK VOU.
COMMENTS: ~rf^ 7rXffi/?/r T^OVfP^i^ /S /A/Ca/^PL^TIE % lUrOj^iZ^rJ-
////e^Qv /uir^ /OQ r7<^e( (^^mt
PLANS ATTACHED
City of Carlsbad
Planning Department
February 9, 1990
B & B Engineering
2111 Industrial Court, Suite "A"
Vista, CA 92083
SUBJECT: Hillside Development Permit - HDP 89-57
Mahin Residence - 4080 Sunnyhill Drive
Dear Sir:
The City has completed a review of the application for a Hillside Development Permit for
grading on lot 32 of Carlsbad Highlands, 4080 Sunnyhill Drive.
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 this request based on the following:
Findings:
1. Hillside conditions have been property identified on the constraints map which show
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. No new development is proposed on the site and the grading is consistent with the
purpose, intent, and requirements of this chapter.
4. No development will occur in the undevelopable portions of the site,
5. The grading design minimizes disturbance of hillside lands.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
B & B Engineering
February 9, 1990
Page 2
6, The project design substantially conforms to the intent of the concept illustrated
the Hillside Development Guidelines Manual.
a. Lot is terraced in order to avoid a high graded slope, add interest,
and minimize disturbance to the land,
b. Approval is granted for HDP 89-57, as shown on Exhibits "A", dated
February 9, 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,
in
MICHAEL J. HOLZMILLER
Planning Director
c: Mike Boraks
AH:lh
mahin.ltr
City of Carlsbad
Planning Department
January 30, 1990
Mr. Robert Payne
4061 Skyline Road
Carlsbad, CA 92008
SUBJECT: GRADING PERMIT PE 2.8935
Dear Mr. Payne:
I referred your letter of January 3, 1990 to the Engineering Department to comment on your
concerns regarding the subject grading permit. The following answers to questions and concems
have been provided by Mike Boraks, the Engineer assigned to the project.
1. Does the issuance of this grading pennit after the job is done make a mockery of City
codes?
The job is not done. The grading plan shows that additional work will be done to "dress
up" the site. The work will also bring the project into alignment with existing codes and
standards.
What about the change in the drainage patterns of the hillside that have resulted from this
illegal dumping of dirt?
Drainage has been addressed on the grading plan. Additional work will be necessary to
bring the project up to current standards. Post permit inspection will ensure drainage
devices are constructed.
What about the lack of any compaction performed to this dirt?
Compaction is not necessarily required especially if no structures are intended to be built.
(Refer to Grading Ordinance Section 11.06.100(A)(2)).
Where will it all end up after the next heavy rain?
Erosion control devices and landscaping have been required as a part of the plans. Please
refer to the grading plans.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Mr, Robert Payne
January 30, 1990
Page 2
5, Shouldn't the property owner be required to move the dirt, acquire the proper permits, and
then perform the grading in the proper manner?
The fill that was graded previously may not necessarily need to be moved. Inspection that
will occur after a permit is issued will determine what areas, if any, will need to be
reworked. Section 11.06.230 provides guidance for correcting violations of the grading
ordinance. Presently the administrative procedures occurring in the Engineering Department
satisfy any requirements for corrective actions needed as a result of the grading violation.
Unless an impasse is reached, the administrative actions (i.e. obtaining approved plan and
grading permit) should prove sufficient.
If you have any further questions please contact Mike Boraks or me at 438-1161.
Sincerely,
ANNE HYSONG
Planning Technician
AH:kd
PE28935Altr
Citv of Carlsbad
Planning Department-
December 1, 1989
Mr. Robert W. Payne
4061 Skyline Road
Carlsbad, CA 92008
RE: GRADING PERMIT PE 2.89.35
Dear Mr. Payne:
In response to your letter, I have reviewed the grading project you described at 4080 Sunnyhill
Road. The concerns you outlined can best be addressed by explaining the development
options available to properties in your area.
Propenies in your area have a R-1-15 single family zoning designation which precludes funher
subdivision on one-half acre parcels. The setback requirements are 20' front and rear yards
and 10' side yards. Any area inside of these setbacks is available for devetopment except on
existing 40% slopes. Accessory structures, such as garages and workshops, may be
constructed to the rear and side property lines. Guest houses are permitted inside the required
setbacks.
Development options available to the subject property owner have not changed due to the 6'
of vertical fill placed on the lot. Prior to the subject grade alteration the existing residence could
have been demolished and replaced with a new house on the rear portion of the lot (20' from
the rear property line). A guest house, garage, workshop, or other accessory structure could
also have been constructed at that location prior to the subject grading.
As you have stated, any structure at this location has the potential to obstruct your ocean view.
The City does not presently have a view preservation ordinance protecting private views.
Consequently, development on the subject property cannot be prohibited due to view obstruction
concerns.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 - (619) 438-1161
Robert Payne -
December 1, 1989
Page 2
A grading plan has been submitted by the property owners and reviewed by engineering and
planning staff to ensure compliance with the City's grading ordinance. A Hillside Development
Permit will be reviewed to ensure that any future development on the lot complies with the City's
Hillside Development Ordinance.
Attached for your review is a copy of the City's R-1 zoning ordinance. If you have any further
questions, please contact Anne Hysong at 438-1161, ext. 4328.
Sincerely,
ANNE HYSONG
Planning Technician
Gary Wayne, Assistant Planning Director
Eric Munoz, Assistant Planner
AH:kd
Payne, ltr
CBlSS,™ October. 14, 1989
/-jJ/- p
Mr. Michael Holzmiller \ .^l/'
2075 Las Palmas \ /V^ O
Carlsbad, CA 92008 ^7
Re: Permit; file No. P.E. 2.89.35
I am writing to you in regard to the property at 4070 and 4080
Surmyhill.Dr, in Carlsbad for which Mr. Art Ammon is applying for
a grading permit (after the fact).
As you are aware, this project is in violation of city code for %
having caused a large amount of dirt to be moved in February 1989
without permits.
I own the property at 4061.Skyline Rd which is directly behind
4080 Sunnyhill where about one half of the illegally excavated <
earth was deposited and spread out. The elevation of this area "
has been raised about 10 or 12 feet.
Prior to the fill, the natural terrain sloped away to the southwest
at a grade of about 2 feet in 20 providing an ocean view from my
lot on Skyline "over the top" of the residence at 4080 Sunnyhill.
Even if an additional structure had been built behind that residence,
such as a garage, there would have been no resulting view obstruction.
Ocean view is the prime asset of property on Skyline Rd. and owners
pay dearly for this in this era of astonomical property prices.
Ocean views are certainly one of the elements of our quality of life
in Carlsbad.
Because of this grading project, our view is now in jeopardy. Where
in February, we had a gently sloping hill in front of our property,
we now have a building pad raised up to the same level as our lot. .
While potential view obstruction is one of the factors one must
consider in choosing a home or homesite, who would predict that
someone would mo\re a mountian around to obstruct a lovely view?
The fact that it was done without city permits and is allowed to •
remain seems to make a mockery of our building code.
I hope that in the interest of fairness, you will consider my comments
and concerns in your decision to allow this project to proceed.
The impact is very negative on my property and on 4051 Skyline.
I would welcome you to view in person the problems that I have
outlined.
cc: Lloyd Hubbs
Mike Borax
Robert W. Pacyne
4061 Skyline Rd.
Phone 729-6148
HDP ^9-57
7^s-bS(^aH
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