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HomeMy WebLinkAboutHDP 90-06; OLMSTEAD 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 E Specific Plan ............. Precise Development Plan... E Tentative Tract Map........ Planned Development Permit E Non-Residential Planned Development Permit........ E Condominium Permit......... E Special Use Permit......... Redevelopment Permit....... Tentative Parcel Map....... Administrative Variance.... -I -I General Plan Amendment ...... .._________ Site Development Plan ..... ­ Zone Change ................. .._________ Conditional Use Permit ...... .._________ X­,Hillside Development Permit. Environmental Impact Assessment................ Variance.................... E Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE J —1 SIDE OF VL1zs.Ljo r, (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN c-DE.JC(Ah. J AND (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:J L01 4-t' LA..Cc -t. \/k VkS UIJiT 4, M 1sP o, P I L49D.iO 1 T7 4 4) ASSESSOR PARCEL NO(S).j .22, '2.60 C', 5) LOCAL FACILITIESJ J 6) EXISTING GENERAL___________ 7) PROPOSED GENERAL________ MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONING f9) PROPOSED ZONING 10) GROSS SITE •ee ACREAGE 11) PROPOSED NUMBER OF J12) PROPOSED NUMBER 13) TYPE OF [ RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS Q I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL 0 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFK0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE { .& A 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS f I it I 20) PROJECT NAME: I c_Sito tZsbLac 21)BRIEF DESCRIPTION OF PROJECT: JW,JC I w / Arrcc4tJ 2 C2 eA6 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) 9pz. LifJt.J MAILING ADDRESS MAILING ADDRESS 44z tZ' tt ST CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE '1iai 142-o 'P b(z CA q7(cq?,tq?-(Z,7j 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 MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGN TUE DATE ************************************************************************************** FOR CITY USE ONLY CE1VO FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED CITY OF CARLSBAD DEVELOP.. PRflC DATE STAMP APPLICMi 'R?EIVED RECEIVED BY: 1 1147" 6i ;-~ I TOTAL FEE REQUIRED /c77 ] DATE FEE PAIDI iioI RECEIPT NO.1 1 ARFM0008.DH 4/89 IIITI— .44 D _ Residential Title Insurance Policy Fidelity National Title Insurance Company A Stock Company RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCES OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between you and Fidelity National Title Insurance Company ("the Company"). It applies only to a one-to-four family residential lot or a condominium unit. If your land is not either of these, contact us immediately. The Policy insures you against certain risks to your land title. These risks are listed on page one of the Policy The Policy is limited by: 1. Exclusions on page 2 2. Exceptions in Schedule B 3. Conditions on pages 2, 3 and 4 You should keep the Policy even if you transfer the title to your land. If you want to make a claim, see Item 3 under Conditions on pages 2 and 3. 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: Fidelity National Title Insurance Company, National Claims Administration 2100 S.F. Main St.. Suite 400 irvine, ('A 9 7'14 RESIDENTIAL TITLE INSURANCE POLICY One-To-Four Family Residences TABLE OF CONTENTS Page OWNER'S COVERAGE STATEMENT I COVERED TITLE RISKS I COMPANY'S DUTY TO DEFEND AGAINST COURT CASES I SCHEDULE A INSERT Policy Number, Date and Amount I. Name of Insured 2. Interest in Land Covered 3. Description of the Land SCHEDULE B - EXCEPTIONS INSERI Page EXCLUSIONS 2 CONDITIONS I. Definitions 2 2. COfltIflU,ltIOfl of C ovei,Ige 2 3. -low to Make a Claim 2 4. Our Chufte When You Notify Us of a Claim '. 3 Handling a Claim or Court Case 6. Limitation of the Company s Liability 7. iransfer of Your Rights 3 ti. Arbitration 4 9. Our Liability is Limited to This Polk v 4 10dM -120 American Land Title Assuciation - Residential Title Insiii,incc' Policy - 1987 S SQ*IIJLE TMAM sr Total fee for Title Search, Examination and Title Insurance: $760.00 Policy Amount: $260,000.00 POLICY NO. 120-11523 120-1 Policy Date: May 1, 1989 at 3:59 P. M. Case No.: 8906117-G The Policy amount will automatically increase by 10% of the amount shown above on each of the first five anniversaries of the Policy Date. 1. Name of Insured: JEAN PAUL OINSThD, Trustee of the Genraine T. Olmsted Trust of 1988 2. You interest in the 1ar1 covered by this policy is: 3. The estate or interest to herein is at the Date of Policy vested in: JEAN PAUL OLNSThD, Trustee of the Germaine T. Olmsted Trust of 1988 4. The land referred to in this Policy is described as follows: SEE ATTACHED DESCRIPTION FORM T-1200 (8-81) American Land Title Association - Residental Title Insurance Policy - 1987 Schedule A I . Lot 479 of CARLSBAD EAC 72-20 LA 0.STA VALE UNIT NO. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the Office of the County Recorder of San Diego County, June 3, 1974. EXCEPTING THEREFROM all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights other hydrocarbon substances, geothermal steam, all underground water, and all products derived from any of the foregoing, in or under or which may be produced from the property which underlies a place parallel to and 500 feet below the present surface of the property together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from the property or any other land, including the right of to whipstock or directionally drill and mine from lands other than the property, oil, water, or gas wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to r3ri11, retunriel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper five hundred (500) feet of the subsurfaces, as reserved in the deed from Daon Corporation, a Delaware Corporation, recorded January 20, 1982 as File No. 82-016443 of Official Records. 4/20/89 lef S . Policy No. 120-11523 In addition to the Exclusions, you are not insured against loss, cost, attorneys' fees, and the expenses resulting from: i. Any rights, interest, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens are not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. saEtxJI.E "B" PARr II EXEPI'IONS: 1. General and Special taxes, a lien not yet payable, for the fiscal year 1989-90. 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. An easement as shown on the Map of said land, over the Northeasterly 10 feet, for public utilities and tree planting. 4. An easement as shown on the Nap of said land, over the Northwesterly 10 feet, for drainage. 5. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon, race, color; religion or national origin, as contained in instrument recorded December 9, 1976 as File No. 76-411224 of Official Records. Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 6. Slope and drainage easements together with access rights for the maintenance thereof, as provided for in that Declaration of Restrictions recorded December 9, 1976 as File No. 76-411224 of Official Records. FORM T-1201 (8-81) American Land Title Association - Residential Title Insurance Policy - 1987 Schedule B • S . SQ*XJJLE 8 FJr II 1(ITLTD £'CL. Cz a:. IZO-115X23 7. An easement for the exclusive right to enlace on, under and across the property, transmission lines, cables, conduits, manholes, markers, and other facilities for a community antenna television system and necessary fixtures and appurtenances, and the right to enter thereon to service, maintain, repair, reconstruct, iurove and replace such facilities and purposes incidental thereto, in favor of Daon Corporation, a Delaware corporation, recorded January 20, 1982 as File No. 82-016443 of Official Records. Reference is hereby made to said document for full particulars. The route thereof across said land is not set forth in said document. ACCOUNT NO. NO. DESCRIPTION AMOUNT C) c i - i - oc cc. - JJ b 3003 0I/3iJ9 0001 01 02 C-fRflT 10-O0 RECEIPT NO. 95205 TOTAL ,'; ( CITY OFCARLSBAD 1200 ELM ANUE CARLSBAD, CALIFOWA 9200$ 4385621 REC'D FROM_/ / /- DATE. DISCLOSURE FORM APPLICANT: Name (individual, partnership, joint venture, corporation, syndii1on) c- Business Address Telephone Number AGENT: J+t iJ Name (i 7LQS i.( sD o € o- Business Address i?OGl I Telephone Number MEMBERS: ____ at' ______________________ Nme (individual, partner, joint Home Address venture, corporation, syndication) Business Address elephone Number Telephone Number ame 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. 1/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. W~(107toffwwv I a awmffi BY Agent((Qwrier.) Partner I I DISCLOSURE FORM APPLICANT: G(cJ T' OL"112-LSr cop I g Name (individual, partnership, joint venture, corporatio , syndication) / A0 ( a 4 Zi ? Zc,ec Business Address U2A 0,60 Telephone Number AGENT: Li fl27 iS'L S /c7) iO 1zZ7 1 L Business Address Telephone Number MEMBERS: i\'a Cuc it Name (individual, partner, joint venture, corporation, syndication) Home Address Zc P2 a C-Ic'M O 1ZQ - 4~ i CU4P ?) 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. [/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT BY kQiK Partner 4. IV . 4.. 1 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 Citp at QCarLba DEVELOPMENT PROCESSING SERVICES DIVISION SAME TELEPHONE (619) 438-1161 PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check for $34.0, payable to "City of Carlsbad". 7/87 . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No.2 2 323 0 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2Z day of 1912 by and between a. Al A4 —r-c 1L-tir o Vq 8 6 - (Name of Developer-Owner) a bU P-oi.oa.._ , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address isfl2° Cp&o ¶-c 51 OrL11V2 ('4, 7ZO7 (Street) (Ciy, State, Zip 'Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 . I Wôm on said Property, which development carries the proposed name of______________ and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the day of , 19_, with the City a request for _LLS(D JLoPM..sr Ezirr hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and ,is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a publi' facilities fee. REV 3-1-88 2 I . . NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 3 . I 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 . I 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 GENERAL ACKNOWLEDGMENT NO. 201 State of California eSS. County of San Diego ) OFFICIAL SEAL GINA M NUIFAUL NOTARY PUBLIC - CALIFORNIA SAN DIEGO COtJN1Y My comm. expires JUL 23, 193 On this the 22nd day of January 19_20—, before me, *****Gina M. Nuttall***** the undersigned Notary Public, personally appeared ***Jean_Paul Olmsted Trust of 1988***** D personally known to me proved to me on the basis of satisfactory evidence to be the persorwhose name _is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. . A ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. Title orType of Document Agrmenr_Brween_flve1gpr—flwnr_ and _the _City o THIS CERTIFICATE Carlsbad for the Paymentofapublicfaculties_fee MUST BE ATTACHED Number of Pages 7 Date of Document January22,1990 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above MartinOrenyak,AlethaL.Rautenkranz, 14J U NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O Box 7184• Canoga Park, CA 91304-7184 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California T. 3LW-T t. Tr- c (name) By: By: MARTIN ORENYAK (Title) For City Manager By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) A REV 3-1-88 6 S . EXHIBIT wAw LEGAL DESCRIPTION Lot 479 of Carlsbad Tract 72-20 La Costa Vale Unit 3, in the City of Carlsbad, County of San Diego, State of California, according to the Nap thereof No. 7950, filed in the Office of the the County Recorder of San Diego County, June 3, 1974. REV 3-1-88 7 Paniel Linn 1238 west bush street architect san theo, c a I i ko iiai Transmittal Letter date: TO to: 7ilS LAS 4A4 project: Jk&tZTh ç-ULLS1DE -M(T project ng,_____________ enclosed please find 9 )- drawings (,X letter ( ) specifications ( ) shop drawings ( ) change order ( ) samples ( ) product literature () MOOS description dated action requested.:. ( ) review and comment ( ) revise and resubmit ( ) approval ( ) approved as corrected for your use remarks: en1w,- copy,to: - by: •; I