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)
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Master Plan
Specific Plan
Precise Development Plan...
Tentative Tract Map
Planned Development Permit
Non-Residential Planned
Development Permit
Condominium Permit
Special Use Permit
Redevelopment Permit
Tentative Parcel Map
^ Administrative Variance...
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IEI
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General Plan Amendment
Site Development Plan
Zone Change
Conditional Use Permit
Hillside Development Permit.
Environmental Impact
Assessment
Variance
Planned Industrial Permit...
Coastal Development Permit..
Planning Commission Deter...
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.