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HomeMy WebLinkAboutHDP 91-04; PASCO; Hillside Development Permit (HDP)-ernan ez PE 438 F d JtPP , " CITY OF CARLSBAD ,. " LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) {For De~t. (For De~t. Use On y) Use On y) 0 Master. Pl an ............... 0 ~eneral ·Plan Amendment ...... " .. " 0 Specific Plan ............. 0 Site Development Plan ....... 0 Precise Development Plan ... 0 Zone Change ................. 0 Tentative Tract Map ........ 0 Conditional Use Permit ...... D Planned Development Permit ~ Hillside Development Permit. -.11-:~o/ 0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment ................ 0 Condominium Permit ......... 0 Vari ance .................... 0 Special Use Permit ......... 0 Planned Industrial Permit ... D Redevelopment Permit ....... D Coastal Development Permit .. [i] Tentative Parcel Map ....... 8>1 0 Planning Commission Deter ... 0 Administrative Variance .... 2) LOCATION OF PROJECT: ON THE I East ISIDE OFI Adams Street I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Hoover Street I AND I Tamarack Avenue I (NAME OF STREET) (NAr~E OF STREET) 3) BRIEF LEGAL DESCRIPTION' I Lot 7 Block C of Bella Vista, City of Carlsbad,County of . San Diego State of r.l'IH fornia accorrlinQ r.o Man No 211)2 I 4) ASSESSOR PARCEL NO(S). I 206-180-09 I 5) LOCAL FACILITIES [2J 6) EXISTING GENERAL I RLM MANAGEMENT ZONE PLAN DESIGNATION I 7~ PROPOSED GENERAL,I RLM LAN DESIGNATION I 8) EXISTING ZONINGI R-1-15 19) PROPOSED ZONINGIR-1-15 110) GROSS SITEI 0.949 acl ACREAGE 11) PROPOSED NUMBER OF/ -/12) PROPOSED NUMBER/ 2 113) TYPE OF / Residenti~l RESIDENTIAL UNITS OF LOTS SUBDIVISION , 14) NUMBER OF EXISTING RESIDENTIAL UN1TSI I (RES IDENTIAL none COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL I OFFICE/SQUARE FOOTAGE n/a I 166 PROPOSED COMMERCIAL SQ ARE FOOTAGE I n/a I ' ARFMOOOS.DH 4/89 ' CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I -0-I 19) PROPOSED INCREASE IN AVERAGE DAILY '---_---'I TRAFFIC I 20 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS __ 2, . 20) PROJECT NAME: I nla ~--------------------------------------------~ 21)BRIEF DESCRIPTION OF PROJECT: I Minor subdivision of one parcel into two lots. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) Victoria Fernandez NAME (PRINT OR TYPE)~Wayne Pasco, RCE MAILING ADDRESS PO BOX 395 CITY AND'STATE Cardiff, CA ZIP " TELEPHONE ciTy AND STATE ZIE-TELEEHONE 92007 (619) 436-9606 Solana ~each, CA ,92075 259-8212 I 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. FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE /-1DP- 1;;1 A ') /II I rt1 Prv 5 M.S $,7 ./ FEE REQUIRED 5:70.c9(5) SIGNATURE DATE FEB 22'1991 CZllY OF CA~lSBAD ~~GiNEEllING COUNTG~ DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQU I RED L-I ___ 3~7 __ 0 __ . __ c/ __ O---, .... DATE FEE PAID I 'Z-Lc.-Cf I RECEIPT NO. I ss"3 L ARFMOOOB.DH 4/89 e City of Carlsbad _46····II.t.;.24·@II··,t4·" DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Applicant Li~t fe n,ames and addresses of all persons having a finanCial interest in the application. V lC: 6f4a Fe~AN.J;::;Ez 2. Owner \It the names and addresses of all persons having any ownership interest in the property involved, i c..ro';':, A.. £e.JZ.NANP€.Z= .. CAgp , FE;J c.A. Cf J, D01 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRMOOO13 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 • • (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes _ No K If yes, please indicate person(s) ___________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust. ~r, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Print or type name of owner Print or type name of applicant FRMOOO13 8/90 APPLICANT: AGENT: MEMBERS: DISCLOSURE FORM Victoria Fernandez Name (individual, partnership, joint venture, corpor~tion, syndication) POBOX 395 Cardiff, CA 92007 Business Address (619) 436-9606 Telephone Number Wayne Pasco, RCE 29577 Name 531 North Highway 101, Business Address (619) 259-8212 Telephone Number ~ASCO ENGINEERING.; ::):NC·. v Solana Beach, CA 92075 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 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, De'sign Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT BY Victoria Fernandez Agent, Owner, Partner L ,. _. \,.. e e QR1\N'.;E CDASl' 'lTrIE a:I4PANY 7474 EL.~. BUv.D .. ,~MESA,. -CA , ... 464-5353 --------------------------~~ ~R~ER~~·-------------------- PASCOE ENGINEERING '531 N. HIGHWAY 101 SOIANA HEArn, CA. Attention: WAYNE Dated as of ~ 19, 1991, at.7:30 a.m. Yoor No.: AIlNvtS sr. Our No.: 894339-S rate: JANUARY 23, 1991 . SDjRJ , In response to the· above referenced awlication for a policy of title insurance, ORANGE CXlAST TITI.E Ccnpany of San Diego hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurarx::e descri.Qirg . the larrl arrl the estate ,or interest. therein hereinafter set forth, insuring against loss whidl nay be sustained by reason of any defect, lien or ena.nnbrance not sho;.m or referred to as an ExceptioI:'! belaN or ,.not excluded fram coverage p..rrsuant to the printed Schedules I Corxtitions arrl stip.l1ations, of said policy fonns. . 'Ihe printed Exceptions am ExclUSionS, frc:it'l the'· Coverage of said RJliey 'or· Policies· ... are SE?t forth in Adden:hp:n.1 attadled. COpies. of the--Policy fonns should 'be· read. 'Ibey are available fran the office which issued this report. . . . ." '!his report (am any SlWlements or arrerrlrrerits hereto) is ,issued solely ~or the p.n:p::>se of facilitatinJ the issuance of a policy of title insurance arrl no liability is asstnred hereby. If it is desired. that liability be assune::l prior to the issuance of a policy of title insurance, a Birrler or Ccmn.itment should be requested. ORANGE ~ TITI.E CXl1P;NY' 'OF SAN·"b~ v.··-,/, i /; ~~ ... _./ N~:v,.,~;,/}~ . '--':; b.· . , ,,,,,,.x.1 .. .....-...-.----. GlEN SWAN Title Officer , , . ,Title to said estate or interest at the date hereof·is vested in: VICIDRIA FERNANDEZ, AS HER SOIE AND ~~ :mDPERIY '!he estate or interest in the larrl be.l:einafter described or :referred' to in this Report is: A FEE FEB 22'1991 ,I&1AL DESaUPrION ORDER ID. 8943'39-S' '!he lam :referred to in thiS, Report ,is situated in, the state of California, cnmty of San Diego, arx:l is described as follows: ' ." . rm 7 IN BLOCK C OF BEI.1A VISTA, IN 'lEE CI'IY OF CARISBAD, a:xJNI'Y OF SAN DIEm, STATE OF CALIFORNIA, Aca::>RDING 'ID MAP 'iHEREOF NO. 2152, FIIED IN 'lEE OFFICE 'OF 'lEE a:xJNI'Y RECORDER OF ,SAN DIEm axJNI'Y, MARa! 7, 1929.,' RJ 6/28/90 " ~ . Ol'~ NO. 894339-5 • • • & r:rHREE ··e. At the date hereof exceptions to coverage in adlltion to t;he Exceptions am Exclusions in said' policy form walld be as ~ollCMS:.. . . 1. General arxl special taxes, the secorrl installlrent roN payable, l::u~ oot yet due, for the'fiscal year 1990-91. 2. 'Ihe lien of SUW1emental taXes i if any i asse5sed p.rrsuant·· to the "ProviSicn3 . of~ . . .. ~. 3'.5 (c:x:rtm3nCirg with Section 75) of the Revenue:am 'Taxation'Code of the state of california. 3. .AN FASEMENr FOR 'l'EI.EFHONE AND/OR EIECIRIC roIES AND LINES, AND FOR smER, WATER AND/OR GAS MAmS AND PIPE LINES AND RIGHTS mCIDENI'AL 'lHEREIO AS RESERVED m A ooaJMENI' REroRDED 5EPI'El1BER 16, 1944 IN B:lOK 1745, PAGE 197 OF OFFICIAL RECX)ROO. AFFECIS: J.J:Jr 7 . '!HE EXACI' IDC'ATION AN:p. ~ OF SAID FASEMENr IS'. NO!' DISCJ:.CSED OF RECORD. . 4. Arrj defects, liens or encumbrances which may affect th~ l~ herein by :reason of the 'canmunity p:i-cpel:ty interest of the spc:m;e of the vestee herein, if marriE1d. . '... .... ,...... '.' '.' ... ~..., . . . 5. '!he effect of documents, proceed..in;r-;, liens, decrees or other matters whidl do . not specifically describe said 'larxl, rut Which, if'any db exiSt, may"affect the title or inpose .liens or .. encurri::>rances thereon. -'!he name search 'necessaJ:y to ascertain the existence· of such' matters has' nOt' been . ca:rpleted am requires a statemant of identity fran VICIDRIA FERNANDEZ in order to cxxrp1ete this report. 1990-91·TAX INFOR1ATION: roDE AREA PARCEL NO. 1st lNSTAUMENl' 200 lNSTAUMENl' lAND VAIlJE ~ EXEMPI'IONS : 09000 :. 206-180-09. : $1,486.63 PAID $1,486.63 NOT PAID : $254,689.00 $-0- $-0- e " ",e ~ mA.9l' 'l'I'l7.E CDII?MY 7474 EL CAJtfi BIJ7D IA MESA, CA 464-5353 --------------------------~~ ~~~~u·~-------------------- PAS<DE ENG~ 531 N. HIGHWAY 101 SOIANA BFAaI, CA. Attention: WAYNE Dated. as of JANUARY 19, 1991, at 7:30 a.m. Yoor No.: ~ ST. ()Jr No~: '89433,9-S· Date:: JANUARY, 23", 1991 SDjRJ In response to the above referenced awlication ,for a policy' of title insuraooe, ORANGE OOAST TITLE carpaiIy' of 'San Diego hereby ,reports that it 'is preparEid to issue, or cause to be issued, as of the date hereof, a ~licy or ~licies of Title Insurance describirg the larrl' an:l the estate or interest 'therein hereinafter set forth, insurirg against loss which may be sustained "by"'reason of' 'any -defect,' lien or encumbrance rXJt shCMI'l or referred to as an Exception belCM or not exc1u:lai fram coverage . prrsuant to the printed Schedules; . 'Con::litions arrl stipllations of said policy fonns. , ," , .. , '!he printed Exceptions arrl Exclusions fran the coverage of said ~licy or Policies are set forth in Adden::lurn 1 attached. Copies' of the Policy fonns should be read. '!hey are available fran the office,.~ch iSSued this .report.' , '!his report (an:i any SUWlerrents or am::rrlrrents hereto) is issued Solely for the p.n:pose of facilitatinj the issuance of' a policy' of title ,insuraooe an:i no liability is assliIred hereby. If it is deSiriid' that liabiiity be as&nred prior to the issuance of a policy of title insurance, a BWer or Ccmnitrnent should be requested. GlEN'SWAN Title Officer Title to said estate or .interest at the date hereof is ~ ih: VICIORIA FERNANDEZ, AS HER SOIE AND SEPARATE PROPERI'Y ~ estate or int,e:rest in the l.arrl bel:einafter ,described or, referred to m this Report is': A FEE FEB,22 '1991. , . -, t~ DESaUPfioo • ORDER NO. 894339-8 '!be larrl. referred to in this Report is situated in the state of california, CWnty of san Diego, arrl is described as follows: ' ' r.ar 7 m BLOCK C OF BELIA VISTA, m '!HE CI'IY 'OF CARISBAD, OXJNI'Y OF 'SAN "DJ::EOO,' STATE OF CALIFORNIA,' AexnRDING 'IO MAP 'IHEREDF NO. 2152, FIIED m '!HE OFFICE OF '!HE CXXJNI'Y REX:::ORDER OF SAN DJ::EOO CXUNI'Y, MARCli 7, 1929. RJ 6/28/90 . ). " '. dmm~. 894339-S • • • ~ 'IHREE • .. . . . At the date hereof exceptions to CXTVerage in acklition to t;he Exceptioos and Exclusions in said policy form would be as ~ollows: , . 3. AN FASEMENl' FOR 'I'EI.EHiOOE AND/OR EIECIRIC roIES AND LmES I AND FOR SEHER, WATER AND/OR GAS MAINP AND PIPE LmES AND RIGHI'S INCIDENrAL 'lHEREro AS RESERVED m A IXXlJM:ENI' REXX>RDED SEPI'EMBER 16, 1944' m B:X)K 1745, PAGE 197 OF OFFICIAL RECDIIDS. AFFECl'S: I.DI' 7 'IHE EXACT IOC'ATIOO AND ~ OF SAID FASEMENI' IS NOl' DISCI:.QSEJ) OF RECDRD. - 4. Nrj' defects, liens or encumbrances wch may affect the lam herein by reason of the.camnunity prcpert.y interest of the SpO..lSe of· the vestee herein, if married •. 5. '!he effect of dc:x::uroonts, p:roceed.in;Js, liens, decrees or other· matters which do not specifically describe, said lam, rut which, if any do exist, may affect the title or inpose liens or encUni:>rclnces thereon. :'Ihe naire search necessary to ascertain the, existence of such matters has not been c;x;:mpleteq. arrl .requires a_ statement of identity fran VICIORIA :FERNANDEz"'ln order ~ cctrplete ~ ~rt.' 1990-91 TAX INFORMATIOO: CODE AREA PARCEL NO. 1st mSTAU.MENI' 200 mSTAU.MENI' lAND VAIDE lMPROV.EMENI'S EXEMPrIOOS 09000 : 206-180-09 : $1,486.63 PAID : $1,486.63 NOT PAID :, ,$254,689 .• 00 $-0- $-0- 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. 206-180-09 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES'FEE THIS AGREEMENT is entered into this ~(d. day of_-::l-_?d __ ..:.... __ 19~ by and between ___ ,....:V..::i..:..ct_o;.....r_i __ a.....:F;.....e_r_na..;,.n,....:d...:.e_z ______________ _ (Name of Developer-Owner) a sole owner , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) POBox 395, Cardiff, CA 92007 wh 0 s e add re s s i s---,-__ ...,.-____________ -:-:-:-:----:-:--:----=--:----::--:--:- (Street) (City, 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. ,;/1T~£SS£TH : 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 on said Property, which development carries the proposed name of ____ ~N~/~A ___ _ and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the ____ day of _________ , 19_1 with the City a request for~TEen~t~a~t~i~v£e~P~a~r~c~e~l~M~ap~ ______________________ ___ hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City 'CQuncii find that a:ll public faclVltlE:S Tlecassc.ry ttl 'Serv~ '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 js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Pol icy 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 -- not be able to make any -such finding witnout T'tnancH'! ';:':'$ fS-;'-i:.ilt.~ ';..1. i;~: 1 v' ,,, •. ~h .,,...~ .. ~.~I'I<'" ;>1-1" f'~(";1-itip,,: (Inn ther~for8 Develooer proposes to help satisfy t:!l~ Liener-al Plan as implemented. by Council Policy No. 17 by Dayment of a Dub1ic .' . 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 II 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 I, 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 convers~o~ shall be paid prior to the issuance of a condominium conversion permit as provided in Chapt~r 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 agre~ment, 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 pri or 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 II • 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. Th is agreement and the fee pa i d pursuant hereto are requi red 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 wi~h 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 I I i J I . , 1 \ \ Developer to comply with any requirements of other public agencies as evidence I . r of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. ~ REV 3-1-88 4 ·C'" ••• 6. All obl igations 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 p~rsonal 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 I f not ice given to Developer by personal deli very 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 ~hould 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 alien 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 ,/ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Victoria Fernandez (name) By:)td~L~ Sole Owner (Title) By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD, a municipal corporation of the State of Cal ifornia By: MARTIN ORENYAK For City Manager ..... ,(Notari al 'ack~o~l~dge~ent o( execut'i on~b.?"DEVELOPER-OWNER must be attached.) REV 3-1-88 6 LEGAL DESCRIPTION Lot 7 in Block C of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the offiee~of the County Recorder of San Diego County, March 7, 1929. REV 3-1-88 7 I I. It 1 1 agreement is executed in San Diego County, California IN WITNESS WHEREOF, this as of the date first written above. DEVELOPER-OWNER: Victoria Fernandez (name) (Titl e) By: (Titl e) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: AL ACKNOWLEDGMENT CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager NO. 201 00 'his 'he Q/ day of Je.-6V:::U~ __ 19 OZ (before me, ~G. fncCo I tOUj h=-rY1{'~hJ t~e u7~ersigned N,otary Public, personally appeared ~ OFFICIAL SEAL JM1~T G Me COllOUGH-MURPHY NOTARY PUBLIC -CALIFORNIA SA~i DIC':GO COUNTY V\Ct:oV-l~ faNl1t\JDEL. - 7 personally known to me o proved to me on the basis of satisfactory evidence to be the personN whose nam~) ~--:-subscribed to the within instrument, and acknowledged that _::2.t+-L-__ executed it. WI' NESSmy~aodott;'l1f~A . ~ ~ (5 --)\1±--/-c119~~r+-------':"~(~--M--ot ry's Signature ' ..... · ... ~*~~~2~~:;;;..:::;>-;.Y"'~.r-., ... 'Y'-·#-·-:: .. - \ I ! \ I \ i i I \ \ \ " a HIllSIDE DEVELOPMENT PERMIT ., OR • HIllSIDE DEVELOPMENT PERMIT AMENDME1'qT INFORMATION SHEET GENERAL INFORMATION )~U ~i1t;lu'UAA 7/)1{jq ,. This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If you have any questions after reading this, please call the Planning Department at 438-1161 or review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development Guidelines. 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 will be Processed Generally the steps involved in reviewing your Hillside Development Permit application are as follows: 1. I A Hillside Development Permit application is submitted to the Planning,Department 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 8-1/2-x 11-. Information items required: F>'. Identify slopes A completed Land Use Review Application Form. Four (4) copies of the slope analysis -Include north arrow and scale (see Section 21.95.020 of Carlsbad's Municipal Code). The slope analysis should be the same scale as the site plan and grading plan. Acres % (1) o to less than 15% slope 0 0 (2) 15% to less than 25% slope 0 0 (3) 25% to less than 40% slope 0 0 (4) 40% or greater slopes 0 0 Indicate the acreage of land in each slope category TOTAL 100% FRMOOO11 11/90 Page 1 of 5 N/1 e. FRMOOO11 11/90 % s.e = Vertical Distance x 100 Horizontal Distance • (Distance between contour intervals) Four copies of the slope profile(s) -Include vertical and horizontal scale. A minimum of three (3) slope profiles (slope cross sections) shall be provided and indexed on the constraints map. See Section 21.95.020(b) of the Carlsbad Municipal Code for additional requirements. 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. Four copies of a preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2" X II" size. The scale should be consistent with all other exhibits. Each landscape plan shall contain the following information: ( 1) Landscape zones per the City of Carlsbad Landscape Guidelines Manual. ( 2) Typical plant species, quantity of each species, and their size for each planting zone in a legend. (Use symbols). ( 3) An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. ( 4) Landscape maintenance responsibility (private or common) for all areas. ( 5) Percent of site used for landscaping. Show with a site plan, grading plan, landscape 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) ( 2) ( 3) ( 4) ( 5) ( 6) ( 7) ( 8) ( 9) (10) Coastal Zone Requirement (if applicable). Contour grading. Area or extent of grading. To define the area or extent of grading, the area in acres, of both cut excavation and fill areas shall be calculated. This calculation shall be noted on the particular cut or fill area. Screening graded slopes. View preservation and enhancement. Roadway design. Hillside architecture. Hilltop architecture Hillside drainage 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: Page 2 of 5 aCubic Yards of Cut or Fill Wl'Grading per Acre of Cut and Fill Area (in Acres) _tive Sensitivity of Hillside Grading Volume a -7,999 Cubic yds./acre Acceptable 8,000 -10,000 Cubic yds./acre Potentially acceptable > 10,000 cubic yds./acre Unacceptable (11) If Sections 21.95.9?oCc')(2) and}D'(4) of the Carlsbad Municipal Code are applicable to the proposed project please provide the written findings required by those sections. (12) Potential development and design standard modification. If requesting a modification to the development and design standards pursuant to Section 21.95.070 provide the necessary findings and plans required by that section. J-/-, /h 1 (g. . . ~~tQ/./..l~~ Envrronmental Impact Assessment Form (separate fee required). .r& \ y. k. Public Facility agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (separate fee required). #'~ z.o UAL c:u~4!V(/V'-1 u4;:'-1~;l& A completed Ildisclosure statemenf'. U;7'--i1 / Three (3) copies of a preliminary title repMr (current within the last six (6) months). If Hillside Development Permit is not accompanied by any other permit, also 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 Planning Department 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. FRMOOO11 11/90 Page 3 of 5 c. d. FRMOOO11 11/90 ( 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. ( 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. 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. That development is consistent with the provisions of Section 21.53.230 and 240 of the Carlsbad Municipal Code. Page 4 of 5 PROJECf NUMBER 1. Land Use Review Application Form 2. Slope Analysis (4 Copies) 3. Slope Profile (4 Copies) 4. Environmental Impact Assessment Form (Separate Fee required) 5. Site Plan, Grading Plans. Preliminary Landscape Plan, Building Plans, Elevations (4 each) 6. Disclosure Statement 7. Title Report (3 Copies) 8. Application Fees. (Planner to include Application Number and Account Number on receipt) 9. PFF Agreement (2 Copies) (Separate Fee Required) The original PFF Agreement with the application number written in the lower right hand comer and one copy of the title report must be sent to the City Clerk's Office by the Planning Department for review and recordation) 10. Planner to date stamp the application materials and plans. Application materials must be given to data entry as soon as possible on the same day they are submitted. DATE ________ _ SIGNATURE ______________ _ FRMOOO11 11/90 Page 5 of 5 , " PLANNLNG DEPARTMENT ADMINISTRATLVE POLlCY rencc.~ • Polil.-y No . ..1.L ElIcctivc Datc 3/12/90 DEFINITIONS i. ., 3. 4. 5. FLI1CC -.. \ vertical h<lrrier or enclusure CUIlSlrucleu of any malerial which supports nu uther luau uther than its own weight. Wall -A soliu fence . Rdaining Wall -A wall designed to resist the lateral displacement of sailor other materials: said materiuls being substantially equal to the height of the wall. The term "wail" in Scction 21.40.130 of the Zone Code and other applicable sections of the code shall be interpreted to mean retaining walls in addition to solid fences. S,d'dv Railing -An open fence nol to exceed 36" in height. The sniu openings. bcl\\Cen the Illaterials of'h-hich the fence is constructed must not represent less than 70 percent of the total surface of ench five foot linear section when viewed perpendicular to the face of the fence. The lotal height of all walls, fences. retaining walls. and combination fence/retaining walls in a required setback shall not exceed the following limits: ~ A. In a requireu front yaru setback. the total height shall not exceed ~2 inches, (Example -Two 42 inch retaining walls would not be permitted nor a 42 inch retaining wall and another 42 inch fence). B. In ,1 required side and rcar yaru seloack, the total height shall not exceed 6 feet. (Example -A 4 [t. retaining wall and a 5 ft. fence would not be permitted because the total exceeds 6 ft). c. U pan approval of the Planning Director. the total height shall not exceed 6 feet in a required street side yard. Otherwise, the total height shall not exceed 42 inches in a street side yard. (This includes all comoinations of fences and retaining walls). D. A 36 inch safety railing is required on top of all retaining walls thut exceed a height of 3 feet. The maximum height o[ the railmg shall he 36 inches and must conform to the ddinition of a safety railing. APPROVED BY: ~~~ MICHAEL J. LiLLER Planning Director JG:af CITY OF CARLSBAD • 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM ,J ACCOUNT NO. DESCRIPTION AMOUNT I I flIJP //' I .R/ fl-y;fj1 :?Q 1)1 :j'-7rJ 1 . " -. )-I / r -.' i_ I/ , . ----.. I .!j!ffJ -7'/-oC; I 1 .LV.!:.!. Vt.l'LLt'tl 0901 01 ()2 1 ·C-PRi'lT 3"j'Q .. {)O .. 1 I I 1 I I 1 -1 I .. I I I 1 J I .1 -I RECEIPT NO. 3332 TOTAL J76 I -L.... , REC'DFROM~~L~J~/tC~'~h/~~'~=~t,~~_,~~~~~e~\H0:~;6~~~~j,~.G~·~~:'~·~~~~~~ . . . 6(·· • I ~ .....•• _ •• '_ •• ~.. • .. ~ .. ~"''' '. __ ~ ...... .1' .. ,: _ . \ . ACCOUNT NO. , DESCRIPTION' \ RECEIPT NO. 3331 TOTAL AMOUNT I I- I I 05 I lB~~h82 r- I 1- ,/ ...