Loading...
HomeMy WebLinkAboutHDP 91-21; 4584 ADAMS STREET; Hillside Development Permit (HDP)V ciTy OF CARLSBAD FOR. PAGE 1 OF 2 LAND USE REVIEW APPLICATION ft ri 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT tier rtrt,r, Master Plan Specific Plan Precise Development Plan E Tentative Tract Map E Planned Development Permit Non-Residential Planned Development Condominium Permit • Special Use Permit • Redevelopment Permit • Tentative Parcel Map 0 Administrative Variance F1 General Plan Amendment Fj Local Coastal Plan Amendment f7 Site Development Plan 71 Zone Change Conditional Use Permit Hillside Development Permit E Environmental Impact Assessment Variance F1 Planned Industrial Permit 0 Coastal Development Permit F7 Planning Commission Determination [J List any other applications not specificed 'FOR E?T USE ONLY) 2) LOCATION OF PROJECT: ON THE WEST SIDE OF ADAMS STREET (NORTH, SOUTH EAST, WEST)_______________________ (NAME OF STREET) _ BETWEEN HOOVER STREET AND PARK DRIVE (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I PARCEL 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL MAPS PAGE 10178. FILED JUNE 27, 1980. 4) ASSESSOR PARCEL NO(S). 206-192-25 5) LOCAL FACILITIES 1 6) EXISTING GENERAL PLAN R- 1-15j 7) PROPOSED GENERAL PLAN TA 1 MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING -1-15 9) PROPOSED ZONING [R-1-15J 10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 1 12) PROPOSED NUMBER 1 13) TYPE OF SUBDIVISION =P1 RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS I 1 15) PROPOSED INDUSTRIAL N/A 1 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE No'rL A PROPOSED poicr REOMM Th&T MU1PtZ APPUCA21OS BE FU.ED MUST BE SUBMTFTED PRIOR TO 330 P.M. k PROPOSED PROJECT REQUIRG THAT OM.Y ONE AZCt11ON BE FILAD hKW BE SLJBMTFED PRIOR 1X) 400 P.&t FRM00016 8/90 / CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE r 72% 1 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 . 00 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 10 20) PROJECT NAME: 4584 ADAMS STREET 21) BRIEF DESCRIPTION OF PROJECT: J SINGLE FAMILY RESIDENCE LOCATED ON A COASTAL HILLSIDE LOT. 22) IN THE PROCESS OF REVIEWING APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONE EVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPER J1ED4HS.-APPICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE ___________ SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) U.S. COMMUNITY SAVINGS BANK JEFFREY SMITH, DAEDALUS DESIGN GROUP MAILING ADDRESS MAILING ADDRESS 515 ENCINITAS BOULEVARD 2942 HARDING STREET, SUITE A CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE ENCINITAS, CA 92024 (619)943-8282 CARLSBAD, CA 92008 (619)720-9337 [CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNER's REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION Is TRUE AND CORRECT TO THE IS TRUE AND CORRECr TO THE BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE, 4J —bATE iSIGNAtIE DATE// I 21• 1 I tiv~** FOR CITY USE ONLY "o-'s 'v FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED tJL Nj ': çJLSBA) o. ciô __________________ 1fF 41"). 00 r•[fl: L1 DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I 3 O. QO DATE FEE PAID 1 /0 .- 22- 7,1 RECEIPT NO. ' Vo2 -- I i - 10 199 NORTH AMERICAN TITLE COMPANY 3033 FIFTH AVENUE, SUITE 100 SAN DIEGO, CA. 92103 (619) 260-6500 .CAL WEST ESCROW .320 NO HIGHWAY 101 • ENCINIT.AS, CALIFORNIA ATTENTION: LORRAINE YOUR REF: 12119-L OUR NO. 30-62137-98 MISCELLANEOUS PRELIMINARY TITLE REPORT DATED AS OF SEPTEMBER 4. 1991 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATIO STANDARD COVERAGE-POLICY - TITLE OFFICER: E. F. FONTES 30-62137-98 ~J- 0 , 'i! ATTENTION EFFECTIVE IMMEDIATELY TO BETTER SERVE YOU, OUR VALUED CUSTOMERS, WE HAVE CHANGED OUR DRAFT ACCOUNT TO IMPERIAL BANK. PLEASE CONTACT YOUR TITLE OFFICER OR SALES REPRESENTATIVE TO EXCHANGE YOUR EXISTING DRAFTS FOR OUR NEW DRAFTS FROM IMPERIAL BANK. THANK YOU. 30-62137.-98 California Assembly Bill 512 ("AB 512 11 ) is effective on January 1, 1990. Under AB 512, all title companies may only make funds available for monetary disbursal in accordance with the following rules: 1. Same Day Availability. Disbursement on the date of deposit is allowed only when funds are deposited to NATC in cash or by electronic transfer (wire). Bear in mind that cash will be accepted from customers only under special circumstances as individually approved by management. 2. Next Day Availability. If funds are deposited to NATC by cashier's checks, certified checks, or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against an FDIC insured bank). 3. 3-7 Banking Days Availability (Regulation CC). If the deposit is made by checks other than those described in Paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. This requires a "hold" on some checks of 3-7 banking days or longer in some instances. Personal checks, drafts, private corporation and company checks, and funding checks from mortgage companies that are nat teller's checks are among those checks subject to such holds. (For further details, consult Chapter 598, statutes of 1989.) Note: The above guidelines are in conformity with those issued by the Department of Insurance for all California Title Insurers. 30-62137-98 ORDER NO. 30-62137-98 SCHEDULE A 1. THE ESTATE. OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AS TO PARCEL A AND AN EASEMENT AS TO PARCEL B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: US COMMUNITY SAVINGS BANK, A CALIFORNIA CORPORATION 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A° 30-62137-98 0 0 EXHIBIT UAII PARCEL A: PARCEL 2 OF PARCEL MAP NO. 10178, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO. 80-204290 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY 20 FEET OF THE MOST SOUTHERLY 120.45 FEET OF PARCEL 1 OF PARCEL MAP NO. 10178, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO. 80-204290 OF OFFICIAL RECORDS. 30-62137-98 0 O ORDER NO. 30-62137-98 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL PROPERTY TAXES FOR FISCAL YEAR 1991-1992, WHICH ARE A LIEN NOT YET PAYABLE. 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. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES, AND APPURTENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOUS DEEDS OF RECORD. AFFECTS EASEMENT PARCEL B. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, ASPROVIDED IN THE DEED RECORDED OCTOBER 6, 1941 IN BOOK 1252, PAGE 315 OF OFFICIAL RECORDS. PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS IN FAVOR OF: SAN DIEGO CONSOLIDATED GAS & ELECTRIC COMPANY AFFECTS: BLOCK "E" OF BELLAVISTA, AS PER MAP THEREOF NO. 2152, DISTANT THEREON 1.28 FEET SOUTHERLY FROM THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE FROM SAID POINT OF BEGINNING NORTH 73 DEGREES 23 1 33" EAST, 480.9 FEET, MORE OR LESS TO -THE EASTERLY LINE OF SAID LOT 18 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS PROVIDED IN THE DEED RECORDED APRIL 11, 1944 IN BOOK 1652, PAGE 472 OF OFFICIAL RECORDS. PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS IN FAVOR OF: AS RESERVED THE EXACT LOCATION OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 30-62137-98 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS, RECORDED SEPTEMBER 28, 1978 AS FILE NO. 78-414397 OF OFFICIAL RECORDS. DATED: SEPTEMBER 19, 1978 BY & BETWEEN: THE CITY OF CARLSBAD AND FRANK RENN REGARDING: CERTAIN PUBLIC IMPROVEMENTS 7. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS AND EGRESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE DEDICATION PROVISIONS ON THE MAP OF SAID TRACT. AFFECTS: THAT PORTION OF SAID LAND HEREIN DESCRIBED ADJOINING ADAMS STREET 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS, RECORDED AUGUST 20, 1980 AS FILE NO. 80-266482 OF OFFICIAL RECORDS. DATED: JULY 3, 1980 BY & BETWEEN: FRANK RENN AND THE SAN DIEGO COAST REGIONAL COMMISSION REGARDING: AN AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW AND ANY OTHER OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 22, 1984 AS FILE NO. 84-319689 OF OFFICIAL RECORDS. AMOUNT: $43,500.00 DATED: AUGUST 7TH, 1984 TRUSTOR: SHAWN MORRISON, A SINGLE MAN; MICHAEL RUTTENBERG, AN UNMARRIED MAN AND RICHARD MC NEAL, AN UNMARRIED MAN TRUSTEE: CAL-WEST MORTGAGE CO., A CALIFORNIA CORPORATION BENEFICIARY: FRANK RENN AND CONNIE MARIE RENN, HUSBAND AND WIFE AFFECTS: PARCEL "B" 10. A CLAIM OF MECHANIC'S LIEN: AMOUNT: $5,800.00 CLAIMANT: ANDREW ANTHONY LUKETIC RECORDED: NOVEMBER 30, 1990 AS FILE NO. 90-638824 OF OFFICIAL RECORDS 30-62137-98 11. A CLAIM OF MECHANIC'S LIEN: AMOUNT: $20,324.75 CLAIMANT: DIXIELINE LUMBER COMPANY RECORDED: DECEMBER 13, 1990 AS FILE NO. 1990-0664252 OF OFFICIAL RECORDS. A NOTICE OF PENDING ACTION TO FORECLOSE SAID LIEN, RECORDED MARCH 7, 1991 AS FILE NO. 1991-0099414 OF OFFICIAL RECORDS. COUNTY: SAN DIEGO NORTH COUNTY JUDICIAL DISTRICT COURT: MUNICIPAL CASE NO.: 113903 12. A CLAIM OF MECHANIC'S LIEN: AMOUNT: $4,257.00 CLAIMANT: JOE GALLEGOS RECORDED: JANUARY 16, 1991 AS FILE NO. 1991-0021794 OF OFFICIAL RECORDS 13. A CLAIM OF MECHANIC'S LIEN: AMOUNT: $11,747.39 CLAIMANT: HUTTIG WOOD WINDOWS, A DIVISION OF HUTTIG SASH & DOOR COMPANY, A DELAWARE CORPORATION RECORDED: FEBRUARY 08, 1991 AS FILE NO. 1991-0060982 OF OFFICIAL RECORDS A NOTICE OF PENDING ACTION TO FORECLOSE SAID LIEN, RECORDED APRIL 23, 1991 AS FILE NO. 1991-0183376 OF OFFICIAL RECORDS. COUNTY: SAN DIEGO NORTH COUNTY JUDICIAL DISTRICT COURT: MUNICIPAL CASE NO.: 115485 14. A NOTICE OF GRADING VIOLATION RECORDED MAY 14, 1991 AS FILE NO. 1991-0226093 OF OFFICIAL RECORDS, FOR SPECIFIC VIOLATIONS OF CHAPTER 11.06 ARE AS FOLLOWS: 1. CMC 11.06.030 GRADING DONE WITHOUT FIRST HAVING OBTAINED A GRADING PERMIT FROM THE CITY ENGINEER. 2. CMC 11.06.030 (8)(A) FILL EXCEEDS THREE (3) FEET IN VERTICAL HEIGHT. 3. CMC 11.06.030 (8) (C) FILL DOES CHANGE OR ADVERSELY AFFECT THE EXISTING DRAINAGE PATTERN. 30-62137-98 . 4. CMC 11.06.030 (8) (D) TOE OF FILL IS CLOSER THAN THREE (3) FEET TO AN EXTERIOR PROPERTY LINE. 5. CMC 11.06.030 (8)(E) FILL DOES NOT EXCEED ONE HUNDRED CUBIC YARDS OF MATERIAL PER EACH EIGHT THOUSAND SQUARE FEET OF AREA. 15. ANY CLAIM OR ALLEGATION THAT THE TRUSTEE'S DEED FROM CAL-WEST MORTGAGE CO. TO US COMMUNITY SAVINGS BANK, A CALIFORNIA CORPORATION, DATED 05-02-91, RECORDED MAY 02, 1991 AS FILE NO. 1991-0203881 OF OFFICIAL RECORDS, WAS A FRAUDULENT TRANSFER IN BANKRUPTCY PROCEEDINGS BY OR ON BEHALF OF KURT E. NIELSEN AND KATHLEEN D. NIELSEN, HUSBAND AND WIFE AS JOINT TENANTS (FORECLOSED OWNER), WITHIN ONE YEAR FROM THE DATE OF RECORDATION OF SAID DEED. END OF EXCEPTIONS - NOTES & REQUIREMENTS FOLLOW *** - 30-62137-98 . O NOTE S AND REQUIREMENTS IF NORTH AMERICAN TITLE COMPANY IS ASKED TO HOLD MONEY FOR TAXES AT THE CLOSE OF ESCROW, WRITTEN APPROVAL BY THE BORROWER/SELLER MUST BE SUBMITTED PRIOR TO CLOSING. THE CHARGE FOR A POLICY OF TITLE INSURANCE, IF ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC TERM INSURANCE RATE. GENERAL AND SPECIAL PROPERTY TAXES FOR THE FISCAL YEAR 1990-1991 HAVE BEEN PAID. AMOUNTS FOR PRORATION PURPOSES ARE: TOTAL AMOUNT $628.98 FIRST INSTALLMENT: $314.49 PAID SECOND INSTALLMENT: $314.49 PAID EXEMPTION: $-O- CODE NUMBER: 09000 PARCEL NUMBER: 206-192-25 THIS REPORT IS INCOMPLETE. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES INDICATED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON KURT E. NEILSEN & KATHLEEN D. NIELSON, HUSBAND AND WIFE AS JOINT TENANTS EFFECTIVE JULY 1, 1985, PURSUANT TO A NEW STATE LAW (SECTION 480.3 OF THE REVENUE AND TAXATION CODE), ALL DEEDS AND OTHER DOCUMENTS THAT REFLECT A CHANGE IN OWNERSHIP, MUST BE ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT, Q BE COMPLETED BY THE TRANSFEREE. 30-62137-98 . 0 IF THIS SPECIAL REPORT IS NOT PRESENTED AT THE TIME OF RECORDING, AN ADDITIONAL RECORDING FEE OF $20.00, AS REQUIRED BY LAW, WILL BE CHARGED. PRELIMINARY CHANGE IN OWNERSHIP FORMS, INSTRUCTIONS ON HOW TO COMPLETE THEM, AND A NON-EXCLUSIVE LIST OF DOCUMENTS THAT ARE AFFECTED BY THIS CHANGE, ARE AVAILABLE FROM THE COUNTY RECORDER'S OFFICE OR THE OFFICE OF THE COUNTY ASSESSOR. 30-62137-98 . 0 "? OUR WIRING INSTRUCTIONS FOR THE ABOVE FILE IS AS FOLLOWS: IMPERIAL BANK INGLEWOOD OFFICE 9920 LA CIENEGA BLVD. INGLEWOOD, CA. 90301 ABA 122201444 ACCOUNT NO. 16-123935 ATTN: SAN FRANCISCO REFER TO: NORTH AMERICAN TITLE COMPANY BRANCH NO. 930-01 TITLE/ESCROW NUMBER:_________________________ 30-62137-98 O 19 Commonwealth L Land Title Insurance Company CLTA Preliminary Report Form EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mort,age because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to compl' with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I) 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: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (C) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (REVISED 10-17-70 AND 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured. claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy.) 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. Valid Only If Schedules A, B and Cover Are Attached Form 2210-1 (CA) Rev. 3-89 (EXHIBIT A CONTINUED ON BACK) . CLTA Preliminary Report Form EXHIBIT A (Continued) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (REVISED 1017-70 AND 10.17.84) SCHEDULE OF EXCLUSIONS FROM COVERAGE (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b), or (C) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, Us pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge: provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the excercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date—unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material Hen coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets,, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. NORTH AMERICAS111 TITLE COMPANY Fonii B-fbi (Rev. 10-84) POOR QUALITY ORIGINAL (S) - a-,- L:J i0 L / SZ59 I- r . , .t_ cw ' O7 /. a .. -0.6A 4W A' da S7Z 7 • Cy — .,c'dc,_jbAIk &Sg,4 Pw Af øi.' .0 - N --.•••-- _••__4•_F• • '4•. — •at, jow - -.I - f•,- — .- _.-.,,$ -,w• N-' - .'r • .•tt.i.2a. .SS. S%SS. _ ........ _•% .-.1•••• '••.' •v• _•._ — .4• j~ a.v 'p' •i;N -' ­W — •__._10 — —7- 4___ .v.cvr - —si c ,,, ,-• • - '- . •N AV ea A 4.y4.& - crp r4avoo7j - ccWL '\ ' çxS U — — I I • -. , ?fCtL irr ru.iviii 'C A () ?,M SHEET / /SHEETS c'q,9E — a v#•,- - c._,,--• Pc_ 1°,4f. MS 3Z • ----• e•$O I..._.' .. Jo IWIJPW ,_a. ' ' a # .Q d44tS 7A ___ .a o MVW aP •S. J.S / / —••— — 4"E •'' €mww -- • '4,r,3 -- ___ AP — .' if "This ptat is for-vour aid in locating your land wit? _.•. ______ 4 reference to streets arid other parcels. While this plat is believed to be ccect, the Company as- Nsures no liability for ànV lou occurring by reason $RvEYo3 CERT/FICAT4 1cetegeun' • ONc 4LO Y O "' fl'F c.waw' dMF — AWA9hP.VVV4XW — — .- FSWP.dt — IIS AY _4 *'4W .W.?W 4F 7W.% - ,...'vrn mf. •.* - AW .e z . W Cli)' &dcINEER3 CFT/PJcAT • 1 %)' 6#.4 444 C.7)' Ac rA-,- ?*Wr ? S — MVIW pi '- \' --- -/_.; .•• 50a'W P .4N7 1PhI. UL ti ll 'I I. . l [TI Oic'%&._ - ?JWP.*.L / fm 4 IIW5 df7b ' '' uqYA4a PPSJ W - rU - CITY OF CARLSBAD 1200 CARLSBAD LAGE DRIVE CARLSBAD, CSFORNIA 92008 438-5621 REC'D FRO I I LL DATE ACCOUNT NO. DESCRIPTION AMOUNT 4911 VY22/9 0001 01 02 cPRT 119 RECEIPT NO. 8402 TOTAL 3 6 6 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 application-complete. When the app.1icition is complete, the processing period will stP1upojJ La4e—oiflimpletion l-etter. Applicant Signature: Staff Signature: Date: ioZ'J To be stapled with receipt to application Copy for file 0 0 Carlsbad DISCLOSURE STATEMENT APPLICANTS 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. (P/ease Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. U.S. Community Savings Bank 315 Encinitas Boulevard Encinitas, CA 92024 2. Owner -• List the names and addresses of all persons having any ownership interest in the property involved. U.S. Community Savings Bank 515 Encinitas Boulevard Encinitas, CA 92024 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. Fred Hervey Sun World Corporation 900 Magoffin Avenue El Paso, Texas 79901 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. N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 (Over) Disclosure Statement Page 2 [;I 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 ,. If yes, please indicate person(s) Person is defined as: Any individual, firm, copartnership, joint venture. essoiation social club, fraternal organization, corporation, estate, trust, receiver, 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.) Signati,r Owner/date Larry J, Wiest U.S. Comntunity Savings Bank Print or type name of owner el- re of applicant/date P9RX. 9. SMITH:. Print or type name of applicant FR.M00013 8/90 . 0 SUBJECT: PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: 4584 ADAMS STREET RESIDENCE APPLICANT NAME: JEFFREY S. SMITH, DAEDALUS DESIGN GROUP This project consists of a single family residence located at 4584 Adams Street, Carlsbad, California. The project's contractor, Mr. Kurt Nielsen, was responsible for the original processing of permits for this project. By various means of deception on the part of Mr. Nielsen and oversight by certain City representatives, this project is currently at 95% completion with respect to the structure and 20% complete with site improvements. Unfortunately no hillside development permit, grading permit, building permit for site walls, or coastal permit were ever submitted by Mr. Nielsen for City and State approval. The project is now under the control of the original construction loan carrier, U.S. Community Savings Bank. The bank will be taking responsibility for obtaining all required permits. The documents within this submittal will be addressing the following topics. A. Site grading for visual appearance, site stability, and erosion control. B. Site drainage for disposal of water runoff from the structure's roof, upper slopes towards the rear of the structure, and diverting offsite runoff entering the project from other lots northwest of our site. C. Fire protection from the native vegetation towards the rear of the structure. D. Landscaping to enhance both the site and structure with respect to visual appearance as viewed by surrounding streets and properties. We are submitting our design solutions with the hopes that they will be evaluated on the basis of attaining compliance within realistic terms. Realizing this project has violated numerous codes and regulations set forth by both State and City regulatory agencies, we feel our response to correcting these inadequacies is the best that can be realized considering the circumstances. We look forward to hearing your comments. I S RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 206192-.25 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 21st day of October , 19 91 by and between U.S. COMMUNITY SAVINGS BANK (Name of Developer-Owner) a Corporation , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 515 Encinitas Boulevard, Encinitas, CA 92024 (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 Carlsbad Village Drive 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: Single family residence on said Property, which development carries the proposed name of 4584 Adams Street and Form Approved By City Council April 22, 1986 89 19 2- Ro. No. 9169 1 . S is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 21st day of October , 191, with the City a request for construction of a single family residence ___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 public facilities fee. 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. Form Approved By City Council April 22, 1986 Reso. No. 9169 2 . . 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. 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 Form Approved By City Council April 22, 1986 Reso. No. 9169 3 . . 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. 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 is 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 Form Approved By City Council April 22, 1986 Reso. No. 9169 4 . S apply to the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference 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. Form Approved By City Council April 22, 1986 Reso. No. 9169 5 DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California U.S. COMMUNITY SAVINGS BANK (name) 74 r__ MARTIN For City Manager S S IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. I (Title) ATTEST: ALETHA L. RAUTENKBANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22 1986 Reso. No. 9169 S State of California CAPACITY CLAIMED BY SIGNER County of _San Diego 0 INDIVIDUAL(S) J CORPORATE OFFICER(S) Sr. Vifle Pres. TITLE(S) O PARTNER(S) o ATTORNEY-IN-FACT O TRUSTEE(S) o SUBSCRIBING WITNESS O GUARDIAN/CONSERVATOR o OTHER: On October 21, 199beforeme, Monica M. Greene, Notary Public DATE NAME, TITLE OF OFFICER - E 0., "JANE DOE, NOTARY PUBLIC" personally appeared Larry J. Wiest NAME(S) OF SIGNER(S) personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(X) whose name) is/r subscribed to the within instrument and ac- knowledged to me that he//Thy executed the same in his/"XiCe(r authorized capacity(, and that by his/liK REAL signature(N on the instrument the person(, Pu'IIc - 2 (Ornta orthe entity upon behalf of which the person( AN ,)IEG000uNVV acted, executed the instrument. • . / y Comm. Expires OCT 16,1994 Witness my hand and official seal. 114 77?L 772 . SIGNATURE OF NOTARY SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) US Community Savings Bank ATTENTION NOTARY: Although the information requested below is OPTIONAL, it Could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document City of Carlsbad Public Facilities Fee Agreement MUST BE ATTACHED Number of Pages 7 Date of Document October 21, 1991 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Aletha L. Rautenkranz, Vincent F. Bion - - . © 1991 NATIONAL NOTARY ASSOCIATION •8236 Remmet Ave. • P.O. Box 7184" Canoga Park, CA 91304-7184 EXHIBIT "A" LEGAL DESCRIPTION Parcel ?A!? of Lot Adjustment Plat #424, being Parcel 2 and a portion of Parcel 3 of Parcel Map 10178, in the City of Carlsbad, County of San Diego, State of California, recorded June 27, 1980 as File No. 80-204290 of official records. Form Approved By City Council April 22, 1986 Reso. No. 9169 7 -IILLSIDE DEVELOPMENT PERMIT OR HILLSIDE DEVELOPMENT PERMIT AMENDMENT INFORMATION SHEET 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 the Planning Department at 438-1161 or review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development Guidelines. A opdd rijéd*equfrit'g that mu app applicatioxts filédiius : I 3:30 p m.. A proposed project requiring that only one application be filed must be subrrutted pnor to 400 p m 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. 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, etc2.Ai1 maps submitted shall be folded to 81/2A x 11". Information items required: ~~; z' A completed Land Use Review Application Form. Five (5) 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 Identify slopes (1) 0 to less than 15% slope El 1:1 (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% FRM00011 4/91 Page 1 of 5 %Si Vertical Distance x 100 Horizontal Distance (Distance between contour intervals) Five (5) 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 Sec tion 21.95.020(b) of the Carlsbad Municipal Code for additional requirements. 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. \777 Five (5) copies of a preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11" 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 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. (6) Water Conservation Plan. ~_//f 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 five (5) sets of each plan. (1) Coastal Zone Requirement (if applicable). (2) Contour grading. (3) 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. (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: FRM00011 4/91 Page 2 of 5 Wra bic Yards of Cut or Fill ding 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 to-ve Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unacceptable (11) If Sections 21.95.060(c)(2) and 0)(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. 9. Environmental Impact Assessment Form (separate fee required). h. Public Facility agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (separate fee required). A completed "disclosure statement". /J Three (3) copies of a preliminary title report (current within the last six (6) months). zkz 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. In 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. FRM00011 4/91 Page 3of5 . . (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. 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. 5. Submit a completed "Project Description/Explanation" sheet. FRM00011 4/91 Page 4of5 H1.DE DEVELOPMENT PERMIT CHECK1p COMMENTS PROJECT NUMBER 1. Land Use Review Application Form 2. Slope Analysis (5 Copies) 3. Slope Profile (5 Copies) 4. Environmental Impact Assessment Form (Separate Fee required) 5. Site Plan, Grading Plans, Preliminary Landscape Plan, Building Plans, Elevations (5 each) 6. Disclosure Statement 7. Title Report (3 Copies) 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 corner 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 FRM00011 4/91 Page 5 of 5 . . PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Rev. 4/91 ProjDesc.frm ,/ 0 . City of Carlsbad FT1111 I •t Dopa rt mentIU 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 List the names and addresses of all persons having a financial interest in the application. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 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. FRM0001 1 4/91 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 0 0 (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 - If yes, please indicate person(s)________________________________________ Person is defined as: Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, 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.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRM0001 1 4/91 0 Policy No. .2.1_ Effective Date 3/12/90 PLANNING DEPARTMENT ADMINISTRATIVE POLICY Fences DEFINITIONS Fence - A crtical barrier or enclosure constructed of any material which supports no oilier load other than its own weight. 2. Wall - A solid fence. Retaining Wall - A wall designed to resist the lateral displacement of soil or other materials said materials being substantially equal to the height of the wall. The term 'wall' in Section 21.46.130 of the Zone Code and other applicable sections of the code shall be interpreted to mean retaining walls in addition to solid fences. 4. Snitv Railing - An OCfl fence not to exceed 36" in height. The said openings, between the materials of which the fence is constructed must not represent less than 70 percent of the total surface of each five foot linear section when viewed perpendicular to the face of the fence. 5. The total 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 required front yard setback, the total height shall not exceed 42 inches. (Example - Two 42 inch retaining walls would not be permitted nor a 42 inch retaining wall and another 42 inch fence). B. In a required side and rear yard setback, the total height shall not exceed 6 feet, (Example - A 4 ft. retaining wall and a 5 ft. fence would not be permitted because the total exceeds 6 ft). C. Upon 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 sklc yard. (This includes all combinations of fences and retaining walls). D. A 36 inch safety railing is required on top of all retaining walls that exceed a height of 3 feet. The maximum height of the railing shall be 36 inches and must conforin to the definition of a safety railing. APPROVED BY: JG:af r1InI.w 1fl1RJL DATE 10-22-91 JOB NO. 91-006 ATTENTION PLANNING DEPARTMENT RE HILLSIDE DEVELOPMENT PERMIT SUBMITTAL DADLUS DESIGN GOL 2911 State Street Suite G CARLSBAD, CALIFORNIA 92008 (19) 720.9337 TO CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA WE ARE SENDING YOU 1J Attached LI Under separate cover via_. following items: LI Shop drawings LI Prints 91 Plans 0 Samples 0 Specifications • Copy of letter 0 Change order 0 ______ COPIES DATE NO. DESCRIPTION 5 5 GRADING PLANB S 10-21-91 14 ARCHITECTURAL PLANS W/SITE PLAN 5 10-21-91 5 1 CONCEPTUAL LANDSCAPE PLAN, SLOPE ANALYSIS, SLOPE PROFILES, I TITLE _SHEET, _GRADING/SLOPE _PROFILE _REFERENCE _PLAN 1 10-21-91 4 LAND USE REVIEW APPLICATION FORM 1 10-21-91 10 ENVIRONMENTAL IMPACT ASSESSMENT FORM 3 9--91 15 TITLE REPORT 2 1 10-21-91 1 7 1 PFF AGREEMENT THESE ARE TRANSMITTED as checked below: > LI Resubmit copies for approval LI Submit ______copies for distribution LI Return ______corrected prints LI For approval 0 Approved as submitted El For your use 0 Approved as noted LI As requested 0 Returned for corrections E1 For review and comment 0 O FOR BIDS DUE 19 REMARKS LI PRINTS RETURNED AFTER LOAN TO US COPYTO__________________________________ ,I 9 SIGNED:____________ PRODUCT 240.2 Inc. Grolon, Moss 01471 If enclosures are not as noted, kindly notify 3ZtIeY S.