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Home My WebLink AboutHDP 90-04; BROOKS RESIDENCE; Hillside Development Permit (HDP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) Master Plan ............... Specific Plan ............. Precise Development Plan... Tentative Tract Map........ Planned Development Permit Non-Residential Planned Development Permit........ E Condominium Permit......... Special Use Permit......... Redevelopment Permit....... Tentative Parcel Map....... E Administrative Variance.... General Plan Amendment ...... .._________ Site Development Plan ..... ...._________ Zone Change ............... ..._________ Conditional Use Permit ...... ._________ ET"'Hillside Development Permit. iItP9ô Environmental Impact -I Assessment................ Variance .................... .________ Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE 1SIDE OF (NORTH, SOUTH, EAST, WEST) , BETWEEN At4.( JU'L j AND (NAME OF STREET) (NAME OF STREET) 5) LOCAL FACILITIES 6) EXISTING GENERAL J 7) PROPOSED GENERALI________ MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONINGJ 77 1 9) PROPOSED ZONING - 10) GROSS SITE I/. 3c2 ACREAGE 11) PROPOSED NUMBER OFIx,..crj12) PROPOSED NUMBERJ J13) TYPE OF - I RESIDENTIAL UNITS . T\IJ OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL I 16) PROPOSED COMMERCIAL I I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L 1 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 4/19 20) PROJECT NAME: 21)BRIEF DESCRIPTION OF PROJECT: J 22) OWNER 23) APPLICANT NAME (PRINT OR /ç NAME (PRINT OR TYPE) MAILING ADDRESS MAILING AE&, CITY AND STATE ZIP TELEPHONE CITY AND 'A ZIP TELEPHONE c I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY SIGNATURE KNOWLEDGE. DATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED JAN 22 1990 CITY OF CARLSBAD DEVELOP. PROC. SERV. DIV. DATE STAMP APPLICATION RECEIVED RECEIVED BY: aL TOTAL FEE REQUIREDf DATE FEE PAID I/22_ I RECEIPT NO.I'5/(/ I ARFM0008.DI-I 4/89 If you want toe a claim, see Item 3 under Conditions on 2. You do not owe any more premiums for the Policy. This sheet is not your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail your rights and obligations and Our rights and obligations. Since the Policy—and not this sheet—is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If you have any questions about your Policy, contact: CHICAGO TITLE INSURANCE COMPANY Owner's Your Title Insurance Pol a legal contract between Infornation you and Chicago Title IWnce Company. Stile ei It applies only to a one-to-four residential lot or condominium unit. If your land is not either of these, contact us immediately. The Policy insuresyou against certain risks to your land title. These risks are listed on page one of the Policy. The Policy is limited by: • Exclusions on page 2 • Exceptions on Schedule B • Conditions on pages 2 and 3 You should keep the Policy even if you transfer the title to your land. tlM?d)t4 t*–'5 .4 . Vi Chicago Title Insurance Company 1J! I 111 West Washington Street Chicago, Illinois 60602 • A •.\ e's ,i'. A b ' 7 ----•:- / Issued by: UNITED TITLE COMPANY 3465 Camino del Rio South Suite 400 San Diego, CA 92108 (619) 284-4000 t- , •\ __$ •( \(' Table of PAGE Contents' t • OWNER'S COVERAGE STATEMENT 1 COVERED TITLE RISKS 1 COMPANY'S DUTY TO DEFEND AGAINST COURT CASES 1 SCHEDULE A INSERT Policy Number, Date and Amount 1. Name of Insured 2. Interest in Land Covered 3. Description of the Land SCHEDULE B—EXCEPTIONS INSERT PACE EXCLUSIONS 2 CONDITIONS 2 and 3 1. Definitions 2. Continuation of Coverage 3. How to Make a Claim 4. Our Choices When You Notify Us of a Claim 5. Handling a Claim or Court Case 6. Limitation of the Company's Liability 7. Transfer of Your Rights 8. Arbitration 9. Our Liability is Limited to This Policy SCHEDULE A ALTA Residential Policy POLICY NO.: 05-0062 -002272 FORM 3091 (6-1-87) SCHEDULE A AMOUNT OF INSURANCE: $675,000.00 PREMIUM: $2,063.75 DATE OF POLICY: DECEMBER 14, 1989 AT: 11:50 A.M. 1. NAME OF INSURED: SHELDON BROOKS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY 2. YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS: A FEE 3. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PLEASE SEE LEGAL DESCRIPTION ATTACHED 410342-41 -1- . LEGAL DESCRIPTION: LOT 108, OF CARLSBAD TRACT 75-4-LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 5, 1976. EXCEPTING THEREFROM ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954 IN BOOK 5215, 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 A QUITCLAIM RECORDED JUNE 30, 1971 AS FILE NO. 141047 OF OFFICIAL RECORDS. EXCEPTING THEREFROM 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, IN LOTS 3 AND 4 WEST HALF OF THE SOUTHWEST QUARTER 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, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY AS RESERVED BY GERNAIN N. GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF IN DEED RECORDED JUNE 27, 1960 AS FILE NO. 129955 OF OFFICIAL RECORDS. 410342-41 -2- SCHEDULE B ALTA Residential Loan icy (6-1-87) FORM 3515 SCHEDULE 13 EXCEPTIONS FROM COVERAGE IN ADDITION TO THE EXCLUSIONS, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. SECOND INSTALLMENT GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1989-90, IN THE AMOUNT OF $2,561.41. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCUMENT RECORDED: MAY 19, 1976 INSTRUMENT/FILE NO. 152036 OF OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 410342-41 -3- 4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $472,500.00 DATED: DECEMBER 12, 1989 TRUSTOR: SHELDON BROOKS TRUSTEE: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION BENEFICIARY: CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION RECORDED: DECEMBER 14, 1989 INSTRUMENT/FILE NO. 89-677360 OF OFFICIAL RECORDS CHICAGO TITLE INSURANCE COMPANY By:/ UNITED TITLE COANT MICHAEL B. BRADY 410342-41 -4- CHICAGO TITLE INSURANCE COMPANY By: 001 I ' ATTEST: Secretary. . -a HOMEOWNER'S INFLATION PROTECTION ENDORSEMENT Attached to Policy No. Issued by CHICAGO TITLE INSURANCE COMPANY If there is a one-to-four family residential structure or condominium unit on the land at Policy Date, the Company modifies the Policy as follows: the Policy Amount shown in Schedule A will automatically increase by 10% on each of the first five anniver- saries of the Policy Dare. This endorsement is made a part of your policy. Except for the change it makes, all other terms of the policy remain the same and apply to this endorsement. Form 2701 CITY OF CARLSBAD 1200 ELM ANUE CARLSBAD, CALIFOLAA 92008 438-5621 REC'D FROM . DATE ACCOUNT NO. DESCRIPTION AMOUNT 979?01/2721/ 94 0001 01 02 C-PRMT 10N0O RECEIPT NO. 95149 TOTAL / Io 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 of 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 app ,J-tib)4flomplete processing period willt.jt the Applicant Siqnature: Staff Signature: Date: To be stapled with receipt to application Copy for file DISCLOSURE FORM APPLICANT: cJf Z (to&) (1Ck Name (individual, partnership, joint venture, corporation, syndication) Po 7 c AGENT: usiness 75c elep hone ame acres S - umber Business Address Telephone Number MEMBERS: ki Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true as being true and correct until amended. BY Arint - flwnpr Prfnar GENERAL INFORMATION This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If you have any questions after reading this, please call Development Processing counter at 438-1161 or review Chapter 21.95 of the Carlsbad's Municipal Code. When a Hillside Development Permit is needed: A Hillside Development Permit (HDP) is required when development is proposed on land with a slope gradient of 15% or greater and a slope height of greater than 15 feet. Development means building, grading, subdivision or other modification of a hillside area. It is highly recommended that you, as an applicant, 1) review Chapter 21.95 and Chapter 11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading) and 2) discuss the Hillside Development with a City Planner before submitting an application for a Hillside Development Permit. The Hillside Development Permit should be submitted concurrently with any permit or application for development of a Hillside area. How your Hillside Development Permit will be Processed Generally the steps involved in reviewing your HDP application are as follows: 1. A Hillside Development Permit application is submitted to the Development Processing counter at 2075 Las Palmas Drive. The application must be submitted with and reference any other permit application such as a building or grading permit, tentative map, etc. All maps submitted shall be folded to 8-112" x 11". Information items required: (a) A completed Hillside Development Permit Application Form (b) Four copies of the slope analysis - Include north arrow and scale (see Section 21.95.020 of Carlsbad's Municipal Code) Acres % Identify slopes 1. 0 to less than 15% slope 2. 15% to less than 25% slope oy oq1 3. 25% to less than 40% slope F1,i4- 4. 40% or greater slopes o. /5 El ffib7 TOTAL 100% 10/89 d . C % Slope = Vertical Distance x Countour Interval x 100 Horizontal Distance (Distance between contour intervals) (c) Four copies of the slope profile(s) - Include vertical and horizontal scale. (d) Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. (e) Show with a site plan, grading plan and building plans and elevations how development fulfills the following Hillside Development and Design Standards (21.95.060) Submit four (4) sets of each plan. 1. Coastal Zone Requirements (if applicable) 2. Contour grading V3. Area or extent of grading 4. Screening graded slopes 5. View preservation and enhancement 6. Roadway design 7. Hillside architecture 8. Hilltop architecture 9. Hillside drainage 10. Man-made slope height and volume of grading cut or fill. Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and filled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following: Cubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in Acres) o - 7,999 Cubic yds./acre 8,000 - 10,000 Cubic yds./acre > 10,000 cubic yds./acre Relative Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unacceptable -2- . . 11. Potential development and design standard modification (1) A completed "disclosure statement" (g) Two copies of a preliminary title report. (h) If Hillside Development Permit is not accompanied by any other permit, also P r&i? include the following information on slope analysis: location, slope and width of driveway, building setbacks, location of any retaining walls and drainage systems. 2. A Development Services counter person generally checks your application for completeness. if your application is incomplete, it cannot be accepted. If your application appears complete, it is accepted. 3. The Hillside Development Permit application is typically reviewed, processed, and approved concurrent with the first permit or application you may have with the City for that hillside area. 4. For approval of a Hillside Development Permit the following findings must be made: (a) That hillside conditions and undevelopable areas of the project have been properly identified. (b) That the development is consistent with the purpose, intent and requirements of the Hillside Ordinance to: (1) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; (2) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. (3) Assure proper design is utilized in grading, landscaping, and in the development of structures and roadways to preserve the natural appearance of hillsides. (4) Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City's cultural and environmental values. (5) Assure hillside conditions are properly identified and incorporated into the planning process. -3- (6) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. (7) Prevent erosion and protect the lagoons from excessive siltation. (8) Encourage creatively designed hillside development requiring a minimal amount of grading. (9) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible with the existing topography. (c) That hillside development is consistent with the Hillside Development and Design Standards (21.95.60) and substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. (d) That development is consistent with the provisions of Section 21.53.230 and 240 of the Carlsbad Municipal Code. Appeal If your Hillside Development Permit is denied, you may appeal the decision of: 1. The Planning Director to the Planning Commission 2. The Planning Commission to the City Council af Hillside.inf Forms-Disk El 1- S . APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the Information will be relied Upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state - the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. I . . DISCLOSURE FORM APPLICANT: l-ILLYJ,(J Nie (individual, partnership, usiness Address Telephone Number AGENT: ame O ,(! E (AM/W IM Business Address á2/ 9 -/r1 Telephon'e Number MEMBERS: Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name nt venture, corporation, syndicatioi Home Address I Telephone Number I Home Address I Business Address I Telephone Number Telephone Number I (Attach more sheets if necessary) [/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the Information contained In this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Owner, Partner HIL•DE DEVELOPMENT PERMIT •CK LIST /P 01 NUMBER 1. Slope Analysis (Lfl 2. Slope Profile (L 3. \Site Plan radinci .lNans, Building Plaks,Ejevations (L each 4. Disclosure Statement L,'-< Title Report (3) ' DATE SIGNATURE