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HomeMy WebLinkAboutHDP 92-01; BURTON RESIDENCE; Hillside Development Permit (HDP)- I w QTY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR (LHCK BOXES) (FOR DEPT USE ONLY) FOR E?T SE OL{' O Master Plan O Specific Plan i7 Precise Development Plan Tentative Tract Map Planned Development Permit Non-Residential Planned Development O Condominium Permit Special Use Permit O Redevelopment Permit O Tentative Parcel Map Administrative Variance 0 General Plan Amendment Local Coastal Plan Amendment 71 Site Development Plan Zone Change Conditional Use Permit jX Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit 0 Coastal Development Permit Planning Commission Determination List any other applications not specificed 2) LOCATION OF PROJECT: ON THE SIDE OF B'1-i3i L. c&J (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN I,4-(ON10-?—/1 AND (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). I 2 - '''O 5) LOCAL FACILITIES 6) EXISTING GENERAL PLAN 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING 9) PROPOSED ZONING A/ 4. 10) GROSS SITE I 57 ACREAGE 11) PROPOSED NUMBER. OF 1 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION A Iv - RESIDENTIAL UNITS I OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL /t/A (16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE A PWPO) PWJECF REQUIRING ThPIT MXTIPU APPUC&MONS BE PU.W M= K WJMCMM PRIOR TO 330 P.M. A PRCO) PROJECT REQIJIRThIG 7W Ot4X ONE APPLICATM BE PUM MUST BE SUNKTTM PRIOR TO 4Q PM. FP.M00016 9/90 4 r CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 CF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC (/(9 20) PROJECT NAME: ) -U R 21) BRIEF DESCRIPTION OF PROJECT: • S7 9--e , C1944F-i-; ,3c . ,O.A177.4<— ,47 Q. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CI'rr' STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW 30ARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY -I IS THE SUBJ,CT OF IS APP CATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE ,---- ->' SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Li i-i 7" 4o 4 4'w ut' MAILING ADDRESS MAILING ADDRESS 3A4 g '1' CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE ac64z7 Cl* 92 9O 9 '72 —07f c,q I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION I CERTIFY THAT C AM THE LEGAL OWNER's REPRESENTATIVE AND THAT All THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE IS TRUE AND 00 TO THE BEST OF MY OWDGE.(/(/ BEST OF MY IQC SIGNATIJRE Y/-2_ SIGNATU /-3/-9Z_ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED RECEIVED HDP ?Z JAN 3 1 1992 fz ___________ DATEpM p E RECEIVED BY: TOTAL FEE REQUIRED I ê31O. I DATE FEE PAID J / 3 i /"fZ.-. RECEIPT NO. I / O o PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: ic.i2—rS cR' APPLICANT NAME: p o i9 - 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. oft P4,C-et - - '- /2 /Ec- 2/ 77L /7LIr fr,4i,19( 4g, 4V/7'f '?C/J7?,.,C -'c iç tij r-- ?1Z 2J / 9FA/i7,4-e J2f• Rev. 4/91 ProDesc,frm City of Carlsbad Jii 11.11ng Dta-partment 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: Applicant List the names and addresses of all persons having a financial interest in the application. G A. L1J21OJJ ?3Z'1 /I- Lt Ci Ave-- Ck2c , q 7/ 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 . (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 - If yes, please indicate person(s) Person is defined as: Any individual, firm, copartnership,jointventure, 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: A;,,lh additional pages as necessary.) //- /-3,'--9Z 7 2~T Signature of Owner/dté Signature of applicant/date 7'VAJ ç Print or type name of owner Print or type name of applicant FRM0001 1 4/91 Policy No. IL Effective Date 3/12190 PLANNING DEPARTMENT ADMINISTRATIVE POLICY Fences DEFINITIONS Feiice - A crtical barrier or enclosure constructed of any material which supports no other load other than its own weight. 2. Wall - A solid fence. 3. 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. Safety Rjjpg - An open 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 side 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 conform to the definition of a safety railing. APPROVED BY: Mg MEME100 0101 JG:af . is Order No. 210264-03 Escrow No. BURTON Guardian Title Company 1660 Hotel Circle North, Suite 321 San Diego CA 92108 619-574-5985 STEVE BURTON 2324—A LA COSTA AVENUE CARLSBAD1 CA 92009 Attn: STEVE BURTON Dated as of .January 23 1992 at 7:30 A.M. In response to the above referenced application for a policy of title insurance Q U A R D I A N TITLE COMPANY hereby reports that it is preparei to issue or cause to be issued as of tie nate 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 defects lien or encumbrance not shown or referred zo 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 Exclus tons from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms sooulu be read. They are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely or 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. All policies of title insurance issued by First American Title Insurance Company. The form of policy of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy GUARDIAN TITLE COMPANY LAURA SWAN, Title Officer . . Order No. 210264-03 SCHEDULE A Escrow No. BURTON 1. The estate or interest in the land described or referred to in this schedule covered by this report is A FEE 2. Title to said estate or interest as of the date hereof is vested in: STEVEN G. BURTON AND CAROL A. BURTON, husband and wife as joint tenants 3. The land referred to in this report is situated in the County of San Diego State of Cali-Pornia and is described in Exhibit "A": Pags I . . Order No. 21024-03 EXHIBIT "A" Escrow No. BURTON Lot 707 of LA COSTA MEADOWS UNIT NO. 4, in the City of Carisbath County of San Diego, State of California,according to Map thereof No. 737 filed in the Office of the County Recorder of San Diego County .July 19 1972, Page 2 . . Order No. 210264-03 SCHEDULE B Escrow No. BURTON At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the Pace page of this report would be as cllows: I. a. Second installment general and special district taxes for the fiscal year 1991-92 now p jable1 but not yet due. b. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 2.5 (commencing with Section 75) of the Revenue and Taxation code of the State of California. 1.01 First installment general and special district taxes: for the fiscal year 199I-92 delinquents if not paid. i.02 Supplemental taxes for the fiscal year 1991-92 assessed pursuant to the provisions of Chapter 23 (commencing with Section 75) of the Revenue and Taxation Cede of the State of California. First installment: $210.91; all due and payable March 02 1992; delinquent: March 03, 1992; penalty: $21.09. Second installment: $210.91; all due and payable June 30, 1992; delinquent: JuIg 01 1992i pena!t: $31.09. 2. The relinquishment on said Map of rights of access from said property to Argonauta Way. 3. Covenants. conditions and ry3t7ictions, but deleting restrictions l ary.. based upri race, color, religion or national origin, as contained in an instrument recorded August !Or 1972 as File No. 210711 o4 Oviiiial Records. Said instrument provides that aviolaton thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 4. A Deed of Trusi dated JuUj 26, 1991 to secure an indebtedness of 200,000.0' and any other oblig ations secured thereby, recorded July 29, 1991 as File No. 1991—)370701 of Official Records. Tvustor: STEVEN (. BURTON AND CAROL A. BURTON, husband and wife as joint tenants Trustee CHICAOO TITLE INSURANCE COMPANY, a Corp. Beneficiary: RANCHO SANTA FE NATIONAL SANK Pag 2 . . Order No. 210264-03 SCHEDULE B (Continued) Escrow No. BURTON NOTE NO 1: The effect of documents, proceedings; liens or decrees or other matters which do not specifically describe said land, but which: if any do exists ma& affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence ej such matters has not been completed and requires a statement of identity from STEVEN G. BURTON AND CAROL A. BURTON in order to complete this report. 1991-92 TAX INFORMATION: Fiscal Year: 1991-92 Area code: 09053 Parcel No.: 215-460-16-00 Land value: 1317,322.00 Improvements: $0.00 Exemptions: 0,00 1st installment: 51, 6Q. 73 NOT PAID (DELINQUENT) 2nd installment: si,660.73 NOT PAID 1991-92 SUPPLEMENTAL TAX INFORMATION: Fiscal Year: Area code: Parcel No. 1st installment 2nd installment 1991-92 09053 819-002-51-81 5-210. 91 NOT PAID 210. 91 NOT PAID IP this Compenu is requeshad to uisburse funds in connection with this transactions Asembl -4 Sill 512 Chapter 590 Statutes of 1989) mandates rO1d periods for ::hacks deposited to escrow or sub—escrow accounts. The mandatory hold period for cashier's checks: certified checks and taller's checks is one business day. Other checks require a hold peDicd from three to seven business days after the way deposited. NOTE: IF YOU INTEND TO WIRE FUNDS TO GUARDIAN TITLE COMPANY, PLEASE CALL OUR OFFICE AND SEND THE FUNDS TO: FIRST INTERSTATE BANK 4605 LANKERSHIM BOULEVARD NORTH HOLLYWOOD: CA 91602 SAN DIEGO COUNTY TRUST ACCOUNT 437732812 ABA ROUTING NO. 122000213 PLEASE REFERENCE OUR ORDER NUMBER AND THE TITLE OFFICER'S NAME. Page 4 . . Order No. 210264-03 SCHEDULE B (Continued) Escrow No. BURTON LB AH page 01 -. 1. VA C' Ii ~21 • jfJ H1 ZI )IL N • •• 0• •; • JEE \ 133819 winv j.•.•qQ _ • 0 •r - %• • ,I I •0. )- I 0-01 • • •'U') Z • N. • t\ ri / • • '\. D\ N-'-- - *o.*a.,N ' '. h ____3• %\ 1i'N-" • 0• • I ;4 • • • \ • •I •• • N. •,i \ \ : 0 0 • 7 -r,1 ,fl,*N • • • -. • ' • 0 • • :1.z 2 1411 •) . 0 • •0 Y 1Z 74" • ,D IfZ -ø ' • '''a 'I 'Di', •"•' b 2 '. ,iiW • • 'Ff A ' I-_l ow -e • ' ' !1 kill i11#U • N. \\ Q4IPA F- *to -\\ \ • -v kk ld • 0 \ ' 0•• t\\ \. 1' • F $çl;4.' 'cc s, \ ' \\ • ,-• .9ç4•o;,.c • 0 / • • ••ov • •• J 0 Iq it 14 14 — ii PP flfl Oil IN 1 0 — —• • ,01 Us .IZ ,if .010 0 • ..,t/.Pl'1* • 0 • 0 • 0 • .1/ d I71.v PU jy JQ 'Pf.1/ Aviv ..Yj'- .M,bY3f P3 O 777 N P9 ,007 rniixi • 0 • J'fQW r: - 4ôW, I • • : • - • • 0 •o • • ••• • • 0 • 0• • . . PRELIMINARY REPORT GUARDIAN TITLE COMPANY LOS ANGELES COUNTY ORANGE COUNTY I SAN DIEGO COUNTY 1-800-743-7701 -Office 714-776-4900— Office f 1-800-347-2002— Office 1-800-927-0037— Customer Service 714-385-1344— Customer Service L1-800-7884 Customer Service San Diego In The San Fernando Valley From Capistrano Valley 818-704-2800—Office 714-495-9305-Office 619-574-5985—Office 818-704-2860— Customer Service 714-495-9306 -Customer Service 619-232-0770—Customer Service GT123 (REV. 6/91) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 and 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 violationof 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 police 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 claimantand 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 the estate or interest insured by this policy. 4. Unenforceability of the lien of-the insured mortgage 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 comply with 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. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE 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: 1. 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 which may be asserted by 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 RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy 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 • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. 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 exercising the right appears in the -public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 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 - thisdoes not limit the labor and material lien 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 Awpecifically described and referred to in item 3 of Sc le A, or • in streets, alleys, or wat8jWs that touch your land This exclusion does not limit the accesscoverage in Item 5 of Covered Title Risks. . . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE 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 and 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 police 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) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, 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); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage 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 comply with 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. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lion of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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: 1. 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 OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) 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 and 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 police 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. 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, not recorded in the public records at Date of Policy, but known to-the insured-claimant and not disclosed in writingto 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 estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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: 1. 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. Roftte? Form No. 12599 . I [] 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 IS- /'o -/ç Parcel No. ;r 2.0 7 9,4 .14 ñ77c.ws %/., AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 31)Ta'l day 19 by and between 6. ,441 (Name of Developer-Owner) a5 .t/fli tr.J/-'.9LS . hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is r23 9/7 1/3 CS779 4b (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: 4 ___on said Property, which development carries the proposed name of '1272.'J and Form Approved By City Council April 22, 1986 Reo. No. 9169 S is hereinafter referred as "Development"; and WHEREAS, Developer filed on the ..? / day of , 19 with the City a request for ,'9 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 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 S IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: 77v.A) -. 3jjZi iT. (name) CITY OF CARLSBAD, a municipal corporation of the State of California By: 4ci MARTIN ORENYAK For City Manager. (Title) -, By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: /\j L-I'1JRi'OSE (ER'Ii ji'I(',1ii' State ot C .alilornia Ctiii1yof _______________________________ Oil 11,1111c .111d ____________________ tilk' of the ficcr), pe 11,116 person, kno n to mc (or proved to mc on hc basis of satisfactory evidence) to be the person(s) Whose name(s) is/arc subscribed to the within inslrumcnL and acknowledged to mc that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signaturc(s) on the itistruincilt the person(s), or. (tie entity upon behalf of which the person(s) a''''' OFFICIAL Sk Signature . WITN 1SS my hand and official scat. INOTARY PUBLIC . CALIFOflN1 Virginia DIEGO C. Accetta SAN OTY My Comm. Expires June 7, 1995 2- . EXHIBIT A Lot 707 of LA COSTA MEADOWS UNIT NO. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. , ILLSIDE 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. tiati.:u1tiple: applications b ubèu d prior :.t6:.3:30 p m A pioposed project requumg that only one application be flied must be submitted prior to 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, etc. All maps submitted shall be folded to 8-1/2"x 11". Information items required: a. A completed Land Use Review Application Form. Five (5) copies of the slope analysis - Include north arrow and scale (see Section 2 1.95.020 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 0 0 (2) 15% to less than 25% slope El 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 % Slop = 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 Section 21.95.020(b) of the Carlsbad Municipal Code for additional requirements. L -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. 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 stel.a. 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. r (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 oubicYards of Cut or Fill rading per Acre of Cut and Fill Area (in Acres) R 'ye Sensitivity of H' side Grading Volume A. o - 7,999 Cubic yds./acre Acceptable 8,000 - 10,000 Cubic yds./acre Potentially acceptable > 10,000 cubic yds./acre Unacceptable (11) If Sections 21.95.060(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. Environmental Impact Assessment Form (separate fee required). Public Facility agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (separate fee required). i. .A completed "disclosure statement". .._-' j. Three (3) copies of a preliminary title report (current within the last six (6) months). k. 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: That hillside conditions and undevelopable areas of the project have been properly identified. I;! 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 3 of 5 . . (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 2 1.53.230 and 240 of the Carlsbad Municipal Code. 5. Submit a completed "Project Description/Explanation" sheet. 4 FRM00011 4/91 Page 4 of 5 HIT.•E DEVELOPMENT PERMIT CHECKS 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 Reuired) 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 CITY OF CARLSBAD 1200 CARLSBAD. LLAGE DRIVE CARLSBAD, C FORNIA 92008 438-5621 REC'DFROM_R. bL)1OC" __________ C'-F1i ACCOUNT NO DESCRIPTION AMOUNT V HO V FUq71 V V RECEIPT NO..!785 i,: V : .:VVVV: V;;::. V VVVVV ,V JVVV VV,VVVVV