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HomeMy WebLinkAboutHDP 92-14A; KIPPER RESIDENCE; Hillside Development Permit (HDP) (2)W CI'f OF CARLSBAD qr LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) I o Master Plan C] Specific Plan E] Precise Development Plan Q Tentative Tract Map o Planned Development Permit C] Non-Residential Planned Development F1 Condominium Permit F1 Special Use Permit o Redevelopment Permit O Tentative Parcel Map O Administrative Variance M General Plan Amendment Local Coastal Plan Amendment Site Development Plan 0 Zone Change 0 conditional Use Permit Hillside Development Permit [J Environmental Impact Assessment rl Variance 0 Planned Industrial Permit Coastal Development Permit Planning Commission Determination Q List any other applications not specificed V2JLl I 2) LOCATION OF PROJECT: ON THE I East SIDE OF Ma rm 01 Court (NORTH, SOUTH EAST, WEST)(NAME OF STREET) _______________________ BETWEEN El Fuerte St.I AND Bolero Street (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 215-4 93— 01 5) LOCAL FACILITIES 6 J 6) EXISTING GENERAL PLAN J 7) PROPOSED GENERAL PLAN ' 0 C h n g e MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING P C 9) PROPOSED ZONING fl c han GROSS SITE 1. 05] ac. ACREAGE 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 1 12) PROPOSED NUMBER OF LOTS 1 13) TYPE OF SUBDIVISION Re s (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 15) PROPOSED INDUSTRIAL F N/A 16) PROPOSED COMMERCIAL IA OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE P :inr REQUIRiNG...*S PRICK FRM00016 8/90 • 73/ CITY OF CARLSBAD TRW LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 1 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I 10 I (R \LFA ce. 20) PROJECT NAME:* Kipper grading plan. 21) BRIEF DESCRIPTION OF PROJECT: Developer proposes to construct one sLngle family residence on an existing lo.t in an existing residential neighborhood. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT 15 THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE 7YIj C// jJ 5 SIGNATURE f 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) - Michael S. Kipper Same as Owner MAILINGADDRESS 2095 West Vista Way #212 MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Vista, CA 92083 (619) 631-3045 CERTIFY THAT! AM THE LEGAL OWNER I CERTIFY THAT I AM ThE EEGAL OWNER', REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND OORRECr TO THE IS TRUE AND CX)RRECF TO THE BEST OF BEST Of MY KNOWLEDGE. MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 1d 5 /7 Q 0/ / iYuth cu- S - k12puc 101) ) - FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED /2o.c rfF 50.00 Ali' tj /o2.cO TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. I OCT20 192 DATE STAMP APPLICATION RCEEE RECEIVED BY: K . . PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Kipper Residence, La Costa APPLICANT NAME: -- Michael S. Kipper 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. Client intents to build a 3,500 sq.ft. "slab on grade" single family house on an existing lot in La Costa. This project - will be required to obtain a Grading Permit, a Hillside Dev. Permit, In-fill Grading Permit in addition to a Building Permit due to the lot constraints. There are many existing homes in this area that have had the constraints similar to this project. CEVD OCT 2 0 192 L Rev. 4/91 4/91 ProjDeec.frm City of Carlsbad - Planning 134--partm4en 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. 'Pl.c Print) The following information must be disclosed: OCT 2 0 12 Applicant crt 'i List the names and addresses of all persons having a financial int6rest irillie 1ptioi. Michael S. Kipper 2095 West Vista Way #212 Vista, CA 92083 2. Owner List the names and addresses of all persons having any ownership interest in the property involved, Michael S. Kipper 2095 West Vista Way #212 Vista, CA 92083 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. N/A 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 4 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and Council within the past twelve months? Yes - No .j. If yes, please indicate person(s)_________________________________________________ Person is defined u: 'Any individual, firm, copartnership, loint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit' (NOTE: Attach additional pages as necessary.) tcJct) Signature of Owner/date Signature of applicantdate Michael S.. Kipper Michael S. Kipper Print or type name of owner Print or type name of applicant FRM00013. 8/90 -0 V - C.$Vt. FIDELITY NATIONAL TITLE INS pURANC&E COMPANY 2763 Camino Del Rio South EP 28 1992 Phone(619) 295-7332 San Diego, California 92108 - North County 748-4110 P.O. Box 85589,S.D., CA 92186-5589 727-1852 & 753-6321 PRELIMINARY REPORT WARRANTY ESCROW 901-B Hacienda Drive Your No. A-3839 Our Number 9218645-A Vista, California Date: September 24, 1992 Attention: Jana Copies to: Capital Bank of Carlsbad 300 Carlsbad Village Drive #107 Carlzbad, California Attn: Luke Matson In response to the application for a policy of title insurance referenced herein, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies or 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 herein or not exclude 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office that issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance for a Policy or Policies 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 or Policies of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY-1990 CLTA Owners JP Loan Policy Binder ALTA LOAN POLICY (4-6-90) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA Loan Policy X ALTA-R ALTA Extended Owners Dated as of September 16, 1992 at 7:30 A.M. BOB WHITMOYER Title Officer/stm OCT 2 0 1992 Pace1 ('•' •:- _J FORM T-911A - Pae I - (Rev. 2-91) PRELIMINARY REPORT PAGE NO. 2 ORDER NO. 9218645—A The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: MICHAEL S. KIPPER, a married man, as his sole and separate property NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in: The land referred to in this report is described as follows: Lot 56 of CARLSBAD TRACT NO. 75-4 OF LA COSTA ESTATES NORTH, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8302, filed in the Office of the County Recorder of San Diego County, May 5, 1976. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as hereinafter shown. 1. General and Special taxes, a lien not yet payable, for the fiscal year 1992-93. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement as shown on the Map of said land, over the Easterly 10 feet, for sewer. 4. An easement for sewer pipeline or pipelines, manholes, laterals, and appurtenances and purposes incidental thereto, in favor of Leucadia County Water District, recorded May 12, 1976 as File No. 76-143526 of Official Records. Affects the Easterly 10 feet. Reference is hereby made to said document for full particulars. 5. Covenants, conditions and restrictions, but deleting restrictions, if any. based upon, race, color, religion or national origin, as contained in instrument recorded Iav 19. 1976 as File No. 76-152036 of Official Records. PRELIMINARY REPORT PAGE NO. 3 ORDER NO. 9218645—A Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 6. An easement for underground facilities and above ground structures for the transmission and distribution of Gas and Electricity and incidental purposes, in favor of San Diego Gas and Electric Company, by document recorded June 22, 1976 as File No. 76-193234 of Official Records. Said easement is described as follows: The Northerly 10 feet, EXCEPTING THEREFROM the Easterly 124 feet thereof. Reference is hereby made to said document for full particulars. 7. A Deed of Trust to secure an indebtedness of $135,000.00, recorded March 27, 1992 as File No. 1992-0176168 of Official Records. Dated: March 26, 1992 Trustor: MICHAEL S. KIPPER, a married man, as his sole and separate property Trustee: CAPITAL BANK OF CARLSBAD Beneficiary: CAPITAL BANK OF CARLSBAD The amount due, terms and conditions of said indebtedness should be determined by contacting the owner of the debt. 8. NOTE: The following matter is shown for information only: An inspection of this property will be made prior to recording the Trust Deed to be insured, if such an inspection discloses any evidence of commencement of a work of improvement, either on-site or off-site, the coverage for mechanic's lien insurance will be deleted from the policy, unless all the necessary documentation for indemnification have been submitted to this company and such indemnification has been formally approved by it, prior to the recording of the Deed of Trust. 1991-92 TAX INFORMATION: Code Area: 9052 Parcel No. 215-493-01 1st Installment: $812.86 POSTED PAID 12/06/91 2nd Installment: $812.86 POSTED PAID 12/06/91 Based on Land: $129,890.00 NOTE: If taxes are posted paid less than 45 days. the Company will hold the tax amount plus delinquency amount until 45 days has elapsed. If taxes have been paid through an impound account or you can provide us with a copv of the cancelled check, this requirement will be waived. gwlk__~ —0 PRELIMINARY REPORT PAGE NO. 4 ORDER NO. 9218645—A NOTE: The wiring instructions listed below are for this specific transaction involving the Title Department of the San Diego office of Fidelity National Title. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated below. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. WIRE TRANSFER INSTRUCTIONS TITLE DEPARTMENT - SAN DIEGO' Receiving Bank : SECURITY PACIFIC NATIONAL BANK Point Loma Office #0451 1180 Rosecrans Street San Diego, California 92106 Bank ABA No. : 1220-000-43 Beneficiary : FIDELITY NATIONAL TITLE COMPANY Account No. : 451-152732 Reference : Title Officer BOB WHITMOYER Title Order No. 9218645-A The charge for a policy of title insurance, if issued through this Title Order, will be based on the Short-Term Rate. -0 - 4 SPECIAL NOTICE California Insurance Code Section 12413. 1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulated the disbursement of escrow funds by Title Companies. Funds received by Fidelity National Title Insurance Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL WE HAVE CONFIRMATION OF OUR RECORDING AND 1. OF THE FOLLOWING: 1. WE HAVE RECEIVED CONFIRMATION OF THE RESPECTIVE INCOMING WIRE. 2. COLLECTION OF A DEPOSITED CHECK. NOTE: On any open credit line or equity credit line loans: Fidelity National Title Insurance Company will require the borrower to turn in any unused checks to the lender and do whatever is necessary to have the lender freeze or terminate the account, otherwise their demand makes us responsible for any checks or cash withdrawals that are outstanding and we will be forced to hold the difference between the principal and the maximum that can be borrowed until the lender has received our payoff check and the account is zeroed. MAP NO 8302 ETTF10 SHEETS CARLSBAD TRACT NO. 75-4 (LA COSTA ESTATES NORTH) 11. ' ITEM SZ,3 ITEVE '4 SEE SHEET NO. 8 \\ \ 5 / 7 ID ' 77 / 114 SHEET N! ' SEE / AM Wr 14 4 cP2 ~i t •a f 1j. -h 15 ' 5j S,I z \\L43;J ( 40 t, Irpr ,Ø1 00 1 So Ames - Album 0 Orr 107 w fo 71 j61. 39 oNgE ON- _ - \ %CA160" 2I4 ES 68 F5, SEW VYW ?.xar . . -' - - goo ' ! / . 00 4 N .j- \t N'01.0N~ 'S 4 7 - \ c c. \ ,rn11 to4 - c- A - r4•ft-L.FazsJ4 .) v ,i ____ Z- '' •" p 7r14 m w -- - - -- 7--r 1 - - — - .. \- 4ft/ \_._ .iPWJJ 4X1q4jI] N5fJ81i / /4 '-.AcitzrL.i/4SrJ " / • - TT3¼- :----- - / / w \... lOtA 38 rJg5O U U Cl) Gd l/7tAOR5 57 ____ /12 iO'9 A00 15 . -1 17 5 ii! EZ77A'S .IV' £45p41f.47 .-,,r S I 4b .1ecording Requested By • if 19930835113 and Return To: 13-DEC -1993 01:24 PM CITY OF CARLSBAD 1200 C1ad Village Drive OFFICIAL RECORDS Carlsbad, CA 92008 1312 SAN DIEGO COUNTY RECORDERS OFFICE ANNETTE EVANS COUNTY RECORDER RELEASE OF AGREEMENT RF 4.00 FEES: 8.00 TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees between the City of Carlsbad and KIPPER, MICHAEL S. (92-36) required by an Application for HDP-9214 and recorded on 12/29/92 , as Document No. 92-0834831 is hereby sed for the following reason: [] Fees Paid and Obligation Satisfied El Application Withdrawn 0 Other DATED: 11/29/93 CITY OF CARLSBAD By - MARflN-ttENYAK N. Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney By -'--- () REVISED 5/92 FRM00021 H o STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On December 6, 1993 , before me, Karen R. Kundtz, Assistant City Clerk, personally appeared Aletha L. Rautenkranz, City Clerk ------------------------------ - personally known to me (or proved to. me on the basis of satisfactory evidence) to be the personf&) whose namefs. is/are— subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in s7/her/-the4-r authorized capacity(4es)-, and that by 1iis/her/the4 signature(s3 on the instrument the person(53, or the entity upon behalf of which the person(-s) acted, executed the instrument. Witness my hand and official seal C EN R. City Clerk '1R City of Carlsbad (SEAL) 0 . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CT 2 0 19 2 CITY OF CARLSBAD ) 1200 Carlsbad Village Drive Carlsbad, California 92008 ) Space above this line for Recorder's use 2 Parcel No. 15-493-01 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of 19--12 by and between Michael S. Kipper (Name of Developer-Owner) a n individual . hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whoseaddressis 2095 West Vista Way, Suite 212, Vista, CA 92083 (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: construction of single family residence on said Property, which development carries the proposed name of Kipper residence and Form Approved By City Council April 22, 1986 Reso. No. 9169 . . 0 is hereinafter referred as "Development"; and WHEREAS, Developer filed on the - K_ day of (xTO2 -. 1992 with the City a request for Grading plan-, Hillside Dev. Permit-Grading Permit-, in-fill grading permit approval __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 ifie 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 r' 0,60 0 0 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 Tides 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 Re5o. 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. S. 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 . 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 Ro. No. 9169 0 1 0 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. CITY OF CARLSBAD, a mUnicipal corporation of the State of California DEVELOPER-OWNER: Michael S. Kipper, a married man, as his sole and separate property (name) By: yikcu S. L"&~- Owner-Developer (Title) By: MARTIN ORENYAK For City Manager (Title) ACKNOW LEDGME NT NO 209 State of___________________ County of $9i1) 1t70 On UC7 1e, /9 92, before me, gssm/ 72( AJtYI' /4'ç. DATE NAME, TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC personally appeared /////,9b1. S . *'i PPai. NAME(S) OF SIGNER(S) 0 personally known to me - OR - 'roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/-their authorized capacity(ies), and that by his/e0he4r ---'-'-- signature(s) on the instrument the person(s), Eo., OFFICIAL SEAL ' YAVOI MESSEPSMH or the entity upon behalf of which the person (s) • Notary Public-Ccliforna acted, executed the instrument. SAN DIEGO COUNTY My Commission Expires Witness my hand and official seal. January 16. 1995 - - 11.4 OF NOTARY CAPACITY CLAIMED BY SIGNER 0-INDIVIDUAL(S) O CORPORATE OFFICER(S) - TITLE(S) O PARTNER(S) o ATTORNEY-IN-FACT O TRUSTEE(S) O SUBSCRIBING WITNESS O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 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 f-914,C4/1 dl f?i8/i e. 7,s F6 MUST BE ATTACHED Number of Pages 1 Date of Document A.1O r .!5J re& TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above -e- © 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P. O. Box 7184' Canoga Park, CA 91 304-7184 EXHIBIT "A LEGAL DESCRIPTION LOT 56 OF CARLSBAD TRACT NO. 75-4 OF LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976. Form Approved By City Council April 22, 1986 Reso. No. 9169 7 0 HILLSIDE 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. 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. maps submitted shall be folded to 8-1/2"x 11g. Information items required: A completed Land Use Review Application Form. b. 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 0 0 (3) 25% to less than 40% slope 0 0 (4) 40% or greater slopes 0 0 FRM00011 4/91 Page 1 of 5 .4 Indicate the acreage of lan each slope category TOTAL _.. 100% % Slope = 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. 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 site plan, grading plan, landscape plan, and building plans and elevations how development fulfils 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 ubic Yards of Cut or Fill rading 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 •tive Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unacceptable (11) If Sections 21.95.060(c)(2) and (j)(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. g. Environmental Impact Assessment Form (separate fee required). /'h. Public Facility agreement: Two (2) copies: One (1) notarized original, and /i. 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). 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: a. That hillside conditions and undevelopable areas of the project have been properly identified. b. That the development is consistent with the purpose, intent and requirements of the Hillside Ordinance to: (1) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; (2) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. 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 21.53.230 and /5- 240 of the Carlsbad Municipal Code. Submit a completed "Project Description/Explanation" sheet. FRM00011 4/91 Page 4 of 5 HODE DEVELOPMENT PERMiT CHEC}r 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 reciuired) 5. Site Plan, Grading Plans, Preliminary Landscape Plan. Building Plans. Elevations (5 each) 6. Disclosure Statement 7. Title Report (3 Copies) 8. Application Fees. (Planner to include Application Number and Account Number on receipt) 9. PFF Agreement (2 Copies) (Separate Fee Reauired) The ori ginal PFF Agreement with the application number written in the lower right hand corner and one coy 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 62 CITY OF CARLSBAD --4200 ZLBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 RE?D FROM / /thLL 7M'T / j DATE/2//)/9. ACCOUNT NO. DESCRIPTION AMOUNT Ii PD / (1 / 977 1/20/9 TOTAL RECEIPT NO. 16871