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HomeMy WebLinkAboutHDP 90-01; McHenry 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) • • • • • • • • • • 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... • • • • IEI • • • • • 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... 7 2) LOCATION OF PROJECT: ON THE West SIDE OF Obelisco Place BETWEEN Argonauta Street (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) Obelisco Circle (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: Lot 680 of Map No. 7367 La Costa Meadows Unit No. 4 4) ASSESSOR PARCEL NO(S). 215-460-22 5) LOCAL FACILITIES MANAGEMENT ZONE 6) EXISTING GENERAL PLAN DESIGNATION RL 7) PROPOSED GENERAL PLAN DESIGNATION N/A 8) EXISTING ZONING Rl 15 9) PROPOSED ZONING N/A 10) GROSS SITE ACREAGE 0.58 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 12) PROPOSED NUMBER OF LOTS N/A 13) TYPE OF SUBDIVISION N/A 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE N/A 16) PROPOSED COMMERCIAL SQUARE FOOTAGE N/A ARFM0008.DH 4/89 CITY OF CARLSBAO Ip" 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: 0 1 EDU 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 10 Trips Mc Henry Residence 2I)BRIEF DESCRIPTION OF PROJECT: Grading plan to accommodate a single family residence. 22) OWNER 23) APPLICANT NAMEQaj-j-oll Mcilenry & Martha McHenry NAME (PRINT OR TYPE)wayne Pasco, RCE MAILING ADDRESS ,,^7 „ , ^ 4407 Herxtage Lane MAILING ADDRESS 333 ^wy 101 "A" CITY AND STATE ZIP TELEPHONE San Diego, CA 92130 (619) 455-7790 CITY AND STATE ZIP TELEPHONE Solana Beach, CA (619) 259-8212 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 /OO. 00 JAN 11 CITY OF CARLSBAD RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID /no, CO RECEIPT NO. ARFM0008.DH 4/89 ^ CITY OF CARLSBAD ^ 1200 ELM AVENUE CARLSBAD, CALIFOffflA 92008 438-5621 REC'D FROM. 10 ~f-((' 7L" ( HATP /'// 9C ACCOUNT NO. DESCRIPTION AMOUNT ll 0 — •yeXK M /\ 1 /Of A/\A4 AH AC £3r3^3 MU XXf T\ UWVX VJ. VJ Misc 1 )0.00 RECEIPT NO. 9vS092 TOTAL Uc PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days bf submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application i^ QOrtiplete, the processing period will start upon the date of the completion letter. Applicant Signature: : ^l./:?''^'U<^ .-<''/^/^'^ Staff Signature: V^/^- / Date: A // - ?Q To be stapled with receipt to application Copy for file DISCLOSURE FORM APPLICANT: AGENT: Mr. and Mrs. Carroll McHenry Name (individual, partnership, joint venture, corporation, syndication) 4407 Heritage Lane San Diego, CA 92130 business Address ~~ ~~~ ~~ 455-7790 Telephone Number Wayne Pasco Name 535 North Highway 101 Suite A Business Address 259-8212 Telephone Number MEMBERS: Name (individual, partner, joint venture, corporation, syndication) Home Address 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 Coastai 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 appiication. 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. JAN 11 iJ-J OTY OF CARLSBAD DEVELOP. PROC. SERV. DIV. APPLICANT Carroll McHenry BY Agent, Owner, Partner TICOR TITLE INSURANCe Ticor TrticTInsurance Company of California 6300 Wilshire Boulevard P.O. Box 92792 Los Angeles, CA 90009 Policy of Title Insurance California Land Title Association Standard Coverage Policy SUBJECTTO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE IN- SURANCE COMPANY OF CALIFORNIA, a California 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: L 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 of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 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 Stipulations. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By Attest President Secretary TO 3140 CAI7-88) CLTA Standard Covsraaa Policy—1988 CAT. NO. NN01441 (f) "land": the land described or referred to in Schedule C, and fron^ the insured, or only so long as the insured shall have liabiiitv by reason improvements affixed thereto which by law constitute real property. The of covenants of warranty made by the insured in any transfer orconveyance term Viand" does not include any property bjMUd the lines of the area of the estate or interest. TUgspolicy shall not continue in force in favor of any CALIFORNIA LAND WTLE ASSOCIATION STANDARD CDVERAGE POLICY - 1988 POLICY NO. AMOUNT OF INSURANCE PREMIUM DATE OF POLICY SCHEDULE A 1175870 $480,000.00 $1,625.00 APRIL 28, 1989 AT 8:00 A.M. 1. NAME OF INSURED CARROLL MC HENRY AND MARTHA MC HENRY 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH IS COVERED BY THIS POLICY IS A FEE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CARROLL MC HENRY AND MARTHA MC HENRY, HUSBAND AND WIFE AS JOINT TENANTS SCHEDULE B 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: PART I ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 7 (SEVEN) INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING OF SCHEDULE B PART I. PART II 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. THE FOLLOWING RECITAL CONTAINED IN THAT CERTAIN DEED DATED MAY 25, 1960, EXECUTED BY HOWARD W. GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF, RECORDED JUNE 27, 1980, AS FILE NO. 129955; 1175870 PAGE 1 RESERVING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WITHIN FIVE MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND. RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DESCRIBED. 3. ANNEXATION FEES DUE THE SAN MARCOS COUNTY WATER DISTRICT AS DISCLOSED BY DOCUMENT RECORDED JULY 19, 1971, FILE/PAGE NO. 155979. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 4. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 7367 STREET AFFECTED OBELISCO CIRCLE 5. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 7367 FOR : SEWER 6. A DEDICATION TO AND ACCEPTANCE BY THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT OF DRAINAGE EASEMENTS ALL AS SHOWN ON THE MAP OF SAID LAND. 7. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : LA COSTA LAND RECORDED : AUGUST 10, 1972, RECORDER'S FILE NO. 210711 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 1175870 PAGE SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 680 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 19, 1972. EXCEPT THEREFROM THAT PORTION OF SAID LOTS LYING WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 4 WEST, A 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954, IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY, BY DOCUMENT RECORDED JUNE 30, 1971, FILE/PAGE NO. 141047. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOTS LYING WITHIN LOTS 3 AND 4 -WEST HALF OF THE SOUTHWEST QUARTER- OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, A ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, AS RESERVED IN DEED RECORDED JUNE 27. 1960, FILE/PAGE NO. 129955. 1175870 PAGE T LA COSTA MEADOWS UNIT NO. 4 MAP NO—f 'J^^ tier- > rf-'lJ'"*" ACOSIA This is not a jurvty of th* land, but is VnVri*t/t: i'fo"*"'" only, nor il it tt":." ll i^t'ac'hSS" " TITLE INSURANCE ANO TRUST 220 "A" Strett San Oitgo, California, 92101 (CONDITIONS AND STIPULATIONS CONTINUED AND CONCLUDED FROM REVERSE SIDE OF THIS PAGE) )CDNCl (ii) the amount of the unpaid principal^Hbtedness secured by the 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 time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as Insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest In the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) bf these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall riot exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumt>rance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. LIMITATION OF UABILITY. (a) If the Company establishes the title, or removes the alleged defect, 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 otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event o( any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created sut>sequent to Oate of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements: or (II) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a)of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured t>y the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing Interest and advances made to protect the lien ofthe insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated 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 Company to an Insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10 LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this 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 this policy to the insured owner. The provisions ofthis Section shall not apply toan insured lender, unless such Insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12 SUBROGATION UPON j^YOflpfr OR SETTLEMENT. ir^jjjj^p policy, ail right of subroflKn shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or propert>' in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to Lse the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which s.iall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's rigtit of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the perlnitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse tothe title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Con)pany by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unltiss prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, butare not limitedto, any controversy or claim between theCompanyandtheinsured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $ 1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect o>i the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' feesonlyifthelawsofthestateinwnichthe land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s)maybeenteredinany court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY UMITED TO THIS POUCY; POUCY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien ofthe insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Compariyat its Principal Office, Claims Department, 6300 Wilshire Boulevara, p?0. Box 92792, Los — A..-»lo--r?»i;«.—1- annnn — Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Son Diego County Moil 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, 55. 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 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 newspaper and not in any supplement thereof on the following dates, to-wit: NEGATIVE DECLARATION PROJECT ADDRES.S'LOCA- TION: 2637 Obelisco Place. Carls bad. CA. PROJECT DESCRIPTION Grad ing and construction of a sini-lo family residence The f.ily of Carlsbad has ton- ducted an environmental review ol the above described project pur suant to the Guidelines lor Imple mentation of the California En vironmental Quality Acl and "the Environmental Protection Ordi nance ofthe City of Carlsbad. A-; ,1 result of said review, a Negative Declaration (declaration thai Ihc projecl will nol have a significant impact on the environment) is hereby issued for the subjeci pro ject. Justification for this action is on file in Ihe Planning Department A copy of the Negative Declara- tion with supportive documents i.s on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad. California 92009. Comments from the public are invited. Please sub- mil comments in writing lo the Planning Department within 21 days of dale of i.ssuancc. Dated: March 30. 1990 Case No: HDP 90-1 PE 2 89.68 Applicant: McHenry MICHAEL J HOLZMILLER Planning Director CJ 5073: April 12. 1990 APRIL 12 19 90 19 19 9 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 ^2th day APRIL, 1990 Clerk of the Printer #202-2M-12;87 Citv of Carlsbad Planning Department NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: 2637 Obelisco Place, Carlsbad, CA. PROJECT DESCRIPTION: Grading and construction of a single-family residence The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quahty Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project wUI 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 pubhc are invited. Please submit comments in writing to the Plarming Department within 21 days of date of issuance. DATED: March 30, 1990 MICHAEL J. HOLZMILLER CASE NO: HDP 90-1/PE 2.89.68 Planning Director APPLICANT: McHenry PUBLISH DATE: AprU 12, 1990 MG:kd 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. HDP 90-1/PE 2.89.68 DATE: March 26. 1990 BACKGROUND 1. CASE NAME: McHenry Residence 2. APPLICANT: Carroll McHenrv 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4407 Heritage Lane San Dieao. CA 92130 (619) 455-7790 4. DATE EIA FORM PART I SUBMITTED: January 10. 1990 5. PROJECT DESCRIPTION: Grading and sinqle-faitiily 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 ,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_ Result in or be affected by erosion of soils either on or off the site? X_ 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? X_ 5. Result in substantial adverse effects on ambient air quality? X_ 6. Result in substantial changes in air movement, odor, moisture, or temperature? X_ 7. Substantially change the course or flow of water (marine, fresh or flood waters)? X_ 8. Affect the quantity or quality of surface water, ground water or public water supply? X_ 9. Substantially increase usage or cause depletion of any natural resources? X_ 10. Use substantial amounts of fuel or energy? X_ 11. Alter a significant archeological, paleontological or historical site, structure or object? X_ -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: XB^ ,YES NO (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants) ? X_ 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? X_ 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? X_ 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? X 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X_ HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: X5§ NO 17. Alter the present or planned land use of an area? (insig 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? X_ 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? X_ 20. Increase existing noise levels? X_ 21. Produce new light or glare? 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_ 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_ 32. Affect the quality or quantity of existing recreational opportunities? X_ -4- MANDATORY FINDINGS OF SIGNIFIOUKE if-.ES, NO 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. 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.) 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? X_ -5- DISCUSSION OF ENVIRONMENTAL EVALUATION This project involves grading and construction for a single-family residence located on the west side of Obelisco Place. The project site is currently vacant and rough graded. For the Environmental analysis, staff conducted field trips to the property. No environmental impor are anticipated since: 1) the site is currently disturbed, 2) there exist no sensitive environmental resources on the site, and 3) the proposed development is permitted by the existing zoning. 1. Earth: The proposed development involves 400 cubic yards of cut and 750 cubic yards of fill with a net impact of 350 cubic yards. Since the amount of grading on this infill lot is consistent with the surrounding single family residences and the site is already disturbed, no earth related impacts are anticipated. 2. Air: This project is single family residence on an infill lot. The incremental detrement in air quality and open air space will not have significant impacts on the surrounding neighborhood. 3. Water: Development of this project will increase the amount of surfaces impervious to water absorption but the runoff can be accommodated by existing drainage facilities. 4/5. Plant/Animal Life: The property is currently disturbed and surrounded by residential development. There exist no significant plant or animal life on the site. 6. Noise: There will be short term, insignificant noise impacts during construction of the project. Occupation of the structure, however, will be consistent with the surrounding land uses and will not cause any significant noise impacts. 7. Light and Glare: This project and its associated light and glare will be consistent with surrounding residential land uses and, as such, will not produce any significant light and glare impacts. 8. Land Use: Development of this project will be compatible with surrounding development and consistent with the General Plan and the Zoning Ordinance. Therefore, no land use impacts are anticipated. 9. Natural Resources: Implementation at this project will produce an incremental demand for natural resources but this incremental increase is not considered significant. There exist no significant natural resources on site. 10. Risk of Upset: The project is surrounded by residential uses and no risk of upset is anticipated for these areas. 11. Population: Implementation of this project, which is consistent with the General Plan and the anticipated development of the Zone 6 Local Facilities Management Plan, will not effect the overall population location, distribution, density or growth rate of the area. -6- 12. Housing: This project will provide one additional housing unit which conforms to the projections of the Zone 6 Local Facilities Management Plan and the General Plan. 13. Transportation: This project will add 4-5 additional trips per day to Obelisco Place and Obelisco Street. This increase in traffic is not considered significant and can be accommodated with existing facilities. 14. Public Services; As discussed in the Zone 6 Local facilities Management Plan, all public facilities and services are available to meet the demands of this project. 15. Energy: The incremental increase in energy consumption during construction and occupation of the project is not considered significant. 16. Utilities: see 14 above. 17. Human Health: This infill, single-family residential project will result in no human health hazards or impacts. 18. Aesthetics: The project site is currently disturbed but undeveloped. Development could negatively affect views of surrounding properties but since the development conforms to all aspects of the Zoning Ordinance, including building height, these aesthetic impacts are considered insignificant. 19. Recreation: This project will produce an incremental increase in demand for recreational facilities which can be accommodated per the Zone 6 Local Facilities Management Plan. 20. Archaeology: The infill project site is currently disturbed and no significant archaeological or historical resources are anticipated to exist. -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. a) The project is a single family residence therefore phasing is impractical. b) The site design conforms to the Hillside Development Ordinance which requires development to be sensitive to slope conditions and, as such, alternate designs need not be considered. c) The project site is designated for a single family residence in the Zoning, General Plan, and Local Facilities Management Plan for Zone 6. An alternate scale of development is not currently plausible. d) The project site is designated for residential uses by the General Plan. Any alternate uses would be in conflict with the surrounding residential neighborhood. e) The site is currently disturbed and lies within a residential neighborhood. Development at a later time leaves the lot vacant which is contrary to the General Plan. f) The site is designated for residential use by the General Plan, Zoning Ordinance, and Local Facilities Management Plan Zone 6, therefore an alternate site for this proposal is illogical to consider. g) Both the General Plan, and Zone 6 Local Facilities Management Plan designate that a single family residence be constructed, whereas the no project alternate would leave the site vacant. -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. Date LIST MITIGATING MEASURES riF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM fIF 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 Signature MG:kd -10- CAS™). DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I l^El^KI VBl> (To be Completed by APPLICANT) Jf\^ 11 ]99Q Applicant: Carroll Mc Henry CITYOLQARLSBAD , . . ^ , , . , 4407 Heritage Lane DEVELOP. PRoc. SERV. DIV. Address of Applicant: Z •. San Diego, CA 92130 Phone Number: f 619 ) 455-7790 Name, address and phone number of person to be contacted (if other than Applicant): GENERAL INFORMATION: (Please be specific) Project Description: Grading plan to accommodate a single family residence. Project Location/Address: 2637 Obelisco Place Carlsbad, CA 92009 Assessor Parcel Number: 215 . 460 . 22 General Plan/Zone of Subject Property: ^ / Local Facilities Management Zone: ^ Is the site within Carlsbad's Coastal Zone? no Please describe the area surrounding the site to the North: Single Family Residence East: Single Family Residence South: Vacant Lot West: Single Family Residence List all other applicable permits & approvals related to this project: N/A ENVIRONMENTAL IMPACT ANALYSIS Please /\nswer 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. Y£S NO I) Could the project significantly impact or change present or future land uses in the vicinity of the activity? The proposed residence is in conformance with EXPLANATION: present land uses in the vicinity and will not impact or change future land uses in the vicinity. 2) Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: '^^^ subject property is not used for recreation, and the proposed project will increase the aesthetic value of the area. 3) Could the activity affect the functioning of an established community or neighborhood? The proposed residence is in EXPLANATION: conformance with the surrounding neighborhood and therefore will not affect its functioning. 4) Could the activity result in the displacement of community residents? EXPLANATION* "^^^ construction of one single family residence does not result in the displacement of community residents. 5) Could the activity increase the number of low and moderate cost housing units in the city? i-vm >u>-rTnu The proposed residence is in conformance with tArLANAIlON: other residences in the neighborhood and will not affect the number of low and moderate cost housing. 6) Could the activity significantly affect existing housing or create a demand for additional housing? EXPLANATION* This project involves the construction of one single family residence which will not affect existing housing or create a demand for additional housing. 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: All features of the subject property are typical of the area. 8) Could the activity significantly affect an historical or archaeological site or Its settings? EXPLANATION: The subject property is not in an historical or archaeologically significant area. 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION* subject property is not in an area of a' known scarce natural resource. YES m 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION* subject property is not in an area significant to fish, wildlife or plant resources. 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: There are no endangered plant or animal species on the subject property. 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION* This project involves the construction of one single family residence which will not change any of the above mentioned city features. 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: The subject property is not used for agriculture and thus the project will not affect any agricultural lands. 14) Could the activity serve to encourage development of presently undeveloped areas or Intensify develop- ment of already developed areas? EXPLANATION: subject property is in an area that is almost entirely developed and thus the project will not encourage or intensify development. Y£S _NQ 15) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? EXPLANATION* ^'^^ project involves the construction of one single family residence and will not require a variance from established environmental standards. 16) Is the activity carried out as part of a larger project or series of projects? EXPLANATION: This project involves the construction of one single family residence and is not a part of a larger project or series of projects. 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? EXPLANATION* This project will not require certification, authorization or issuance of a permit by any environmental control agency. 18) Will the activity require issuance of a variance or conditional use permit by the City? This project is in conformance with EXPLANATION: present city zoning and standards. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? Hazardous materials will not be used or EXPLANATION: be disposed of on the subject property. 20) Will the-activity involve construction of facilities in a flood plain? x EXPLANATION* '^^^ subject proerty is not in a flood plain. 21) Will the activity involve construction of facilities in the area of an active fault? EXPLANATION: The subject property is not in the proximity of an active fault. 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: Water trucks will be used during grading operations. 23) Will the activity involve the burning of brush, trees, or other materials? EXPLANATION* materials cleared from the subject property will be disposed of at a legal site. No materials will be burned. . 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: This project involves the construction of one single family residence which will not significantly change the quality of the regions'air or water resources. 25) wm the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXPLANATION: This project involves the construction of one single family residence which will not substantially increase fuel consumption. 26) - wm the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: No facilities will be constructed on slopes of 25 percent or greater (See attached Slope Analysis). 27) Will there be a significant change to existing land form? (a) Indicate estimated grading to be done In cubic yards: '^^ ^.Y. _ (b) Percentage of alteration to the present land form: •^^^ . (c) Maximum height of cut or fill slopes: 6: . EXPLANATION: Grading will be minimal to accommodate the proposed residence. 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? EXPLANATION* This project involves the construction of one single family residence which will not substantially increase the use of utilities, sewers, drains or streets. m NO 29) Will the project significantly increase wind or water eros^lon of soils? EXPLANATION: Soils will be protected from erosion by plant- ing and screening of proposed slopes. 30) Could the project significantly affect existing fish or wildlife habitat? EXPLANATION* "^^^ subject property is not within an existing fish or wildlife habitat. 31) Win the project significantly produce new light or glare? This project involves the construction EXPLANATION: of one single family residence which will not produce signif- icant amounts of light or glare. 10 II. STATEMENT Of^N-SIGNIFICANT ENVIRONMENTAL EI^TS 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: N/A 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 jQ.,^ (Persw Completing Report) Wayne Pasco, RCE 29577 Date Signed // Instruct.eia LBS:lh 11 • 9 REVIEW AND COMMENT MEMO DATE: TO: fnA£(2H I9jl990 MUNICIPALWATER DISTRICT t ENGINEERING DEPARTMENT —— GROWTH MANAGEMENT (MEMO ONLY) nRE DEPARTMENT BUILDING DEPARTMENT PARKS AND RECREATION DEPARTMENT NORTH COUNTY TRANSIT DISTRICT CARLSBAD MUNICIPAL WATER DISTRICT ISO6€Cr ^K.€RHtU UTILITIES/MAINTENANCE J FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. HPP ^0^1 PROJECT TITLE: fTvcHEKe^ gesipeKcE APPLICANT: WAljMB PASdOj fL(LE PROPOSAL: <g^fcADIN<^ PLRN To ftmnmry>QDf=rre PI SiNlGjiF Project Planner: Please review and submit written comments and/or conditions to the Planning Department by f\Pfl\L/ IQQO . If not received by that date, it will be assumed that you have no comment and the proposal has hour endorsement as submitted. THANK YOU. ^.^-^O COMMENTS: TMF ^Arrpe. t3?FSr. HA& I2ev^ie^yg?3> PKDJBZJ" PeF&S[T3 ANP ClMhesdE^ (p-lAgfeBO AfcA^ivJST TI-4E Fi^JglT^ 'il J— 6 PLANS ATTACHED Ml 4 J^t^ Q(/U^ REVIEW AND COMMENT MEMO DATE: TO: ENGINEERING DEPARTMENT GROWTH MANAGEMENT (memo only) FIBE DEPARTMENT BUILDING DEPARTMENT PARKS AND RECREATION DEPARTMENT NORTH COUNTY TRANSIT DISTRICT F JAN 1990 CiTY OF trnxmrn COSTA REAL MUNICIPAL WATER DISTRICeNG!PI£Eili^G OEPARli£f^T FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON APELICATIOM NO: /40P-^0-7!) I PROJECT TITLE: ^ /Je^ l^S>^a^^j^(^. APPLICANT: PROPOSAL: Project Planner: Please review and submit written comments and/or conditions to the Planninq Department by <s^~ c^J—'^^ . 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: PLAMS VAiFPF T^JFTiWNFh AS AM INTOS/lPIEJF IFMlTfAL PLANS ATTACHED Citv of Carlsbad Planning Department March 20, 1990 Wayne Pasco, R.C.E. 585 N. Highway 101 "A" Solana Beach, CA 92075 SUBJECT: HILLSIDE DEVELOPMENT PERMIT HDP 90-1 - McHENRY RESIDENCE APN: 215-460-22 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. 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 property identified on the constraints map. 3. No development will occur in the undevelopable portions of the site. 4. All development is designed to minimize grading and the alignment of the house will reduce Impact on the slope. 5. 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 Wayne Pasco, R.C.E March 20, 1990 Paae 2 Conditions: 1. Approval for HDP 90-1 is granted as shown on Exhibits "A" - "M", dated March 20, 1990. Development shall occur substantially as shown. 2. All newly created cut and fill slopes must be landscaped and screened from adjoining properties to /the satisfaction of the Planning Director. 3. All retaining walls shall be adequately landscaped and screened per Exhibit "M", dated March 20, 1990. 4. The maximum retaining wall height in the side and rear yard setback shall be six feet. A three foot open safety fencing shall be allowed but at no time shall the maximum solid wall height exceed six feet. The maximum combination wall and open fence height shall be nine feet. Please contact your staff planner, Mike Grim, at (619) 438-1161, extension 4329, if you have any questions. Sincerely, MICHAEL J. HOLZMILLER Planning Director c: Gary Wayne Chris DeCerbo Erin Letsch Crystal/Angelina Scott Schedell MJH:MG:lh hdp901.ltr Citv of Carlsbad Planning Departnnent February 16, 1990 Wayne Pasco, RCE 585 N. Highway 101, "A" Solana Beach, CA This is to inform you that the items previously requested to make your Hillside Development Permit, application no. HDP 90-1, complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the appiication is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request. In the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the information required for this application. The Pianning Department will begin processing your application, as of the date of this communication. Please contact Mike Grimm, at (619) 438-1161, extension 4329, if you have questions or wish additional information. Sincere ICHAEl/J. HOLZMILLER Planning Director MJH:MG/af cc: Gary Wayne Erin Letsch Bob Wojcik Crystal/Angelina Chris DeCerbo Eric Munoz Data Entry 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 4 City of Carlsbad Planning Department February 9, 1990 Wayne Pasco, RCE 535 N. Highway 101 "A" Solana Beach, CA SUBJECT: McHenry Residence - HDP 90-1 Thank you for applying for Land Use Permits in the City of Carlsbad. The Pianning Department has reviewed your Hillside Deveiopment Permit, application no. HDP 90-1, as to its completeness for processing. The application is incomplete. Attached are two lists. The first list is information which must be submitted to complete your appiication. All list items must fae sutmiitted simultaneously at the CommunitY Development Building counter, and to the attention of Erin Letsch. A copy of this list must tte included ¥nth vour submittaL No processing of your application can occur until the application is determined to be complete. When all required materials have been submitted as outlined at>ove, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application wiii be initiated. In addition, please note that you have six months from the date the application was initiallv filed, January 11, 1990, to either re-submit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your appiication complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new appiication must be submitted. The second list is issues of concern to staff. There may be other issues that couid be discovered during project review andior environmental review. Any issues should be resolved prior to scheduling the project for public hearing. Please contact your staff planner, Michael Grim, at (619) 438-1161, extension 4329, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J HOLZMILLER Pianning Director MJH:MGIaf cc: Gary Wayne Erin Letsch Bob Wojcik CrystallAngelina Data Entry Chris DeCerbo Eric Munoz 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 UST OF ITEMS NEEDED TO COMPLETE APPUCATION: No. HDP 90-1 PLANNING: 1. Preliminary landscape plans. ISSUES OF CONCERN PLANNING: 1. Softening of south eievation. 2. Fencetretaining wall combined heighl The Engineering Department is in direct contact with the applicant through the grading permit process.