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Home My WebLink AboutPCD 89-06; NESSIM RESIDENCE; Planning Commission Determination (PCD)•CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. (For Dept. Use Only) Use Only) Master Plan ........ ........._________ Specific Plan ............. Precise Development Plan... Tentative Tract Map ........ .._________ Planned Development Permit Non-Residential Planned Development Permit ........ ._________ Condominium Permit......... Special Use Permit......... D Redevelopment Permit....... Tentative Parcel Map....... AdministrativVariance.... General Plan Amendment...... Site Development Plan....... Zone Change................. Conditional Use Permit...... Hillside Development Permit. Environmental Impact Assessment................ Variance.................... D Planned Industrial Permit... Coastal Development Permit.. T Planning Commission Deter... I- -I 2) LOCATION OF PROJECT: ON THE r WEST i SIDE OFJ HIGHLAND AVENUE (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN ELM STREET AND HIGHLAND AVENUE I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:1 PARCEL *2 OF CARLSBAD LAND MAP *1661 PARCEL MAP *9739 4) ASSESSOR PARCEL NO(S).f 156-190-57 5) LOCAL FACILITIES' 1 1 6) EXISTING GENERAL' RLM 7' PROPOSED GENERAL' RLM I MANAGEMENT ZONE PLAN DESIGNATION I 'LAN DESIGNATION ______ ____________ .23 8) EXISTING ZONINGI R -1 ACREAGE PROPOSED ZONING! 110) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 112) PROPOSED NUMBERJ 113) TYPE OF I RESIDEN AL RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS! I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL I N/A 1 16) PROPOSED COMMERCIAL ________ N/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE Ln/a 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 TRAFFIC 0 1 20) PROJECT NAME: I NESSIM RESIDENCE 21)BRIEF DESCRIPTION OF PROJECT: I Single family residence and araae e 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) GARY NESSIM NAME (PRINT OR TYPE) DESIGN MAILINWESS MAILING ADDRESS Highland Drive P.O. Box 240 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE CARLSBAD CA 92008 729-3333 CARLSBAD CA 92008 729-895 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATU DATE FOR CITY USE ONLY I I FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED 60 DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I DATE FEE PAIDJ L13k I RECEIPT NO.1 933 1 ARFM0008.DH 4/89 / City of Carlsbad Fee 1 .2075 Las Palmas Drive Carlsbad, CA 92009 (619) 38 -1161 $330.00 PLANNING DEPARTMENT PLANNING COMMISSION DETERMINATION 2ompk-te Description of Project (attach additional sheets if necessary) SINGLE FAMILY RESIDENCE RELOCATION ON SAME SITE Location of Project 2987 HIGHLAND AVENUE CARLSBAD, CA Legal Description (complete) PARCEL *2 OF CARLSBAD LAND MAP *1661, PARCEL MAP *9739 Local Facility Management Zone Assessors Parcel Number 1 156190-57 Zone General Plan Existing Land Use R-1 RLM RESIDENTIAL Proposed Zone Proposed General Plan Site Acreage .23 ACRES Owner Applicant Name (Print or Type) Name (Print or Type) GARY NESSIM 4 DESIGN Mailing Address Mailing Address 2987 HIGHLAND AVE. P.O. BOX 240 City and State Zip Telephone City and State Zip Telephone CARLSBAD CA 92008 729-3333 CARLSBAD CA 92008 729-8955 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE AY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIC TUAE DATE Sj.QNA URE DATE Date Akctio Rec'd ReEëiV' By Fees Received Receipt No. ((/i7 I 'OJECT NUMBER (S) rep WESTLAND TITLE COMPANY 4660 La Jolla Village Dr. Suite 350, S.D., California 92122 (619) - 535-2000 1 - (800) - 356-3449 RE: VILLAGE REALTORS YOUR NO. 2987 HIGHLAND DRIVE OUR NO. CRLSB1D, CA DATE: ATIN: GARY NESSIM AMENDED UPDATED 108156-1 11/16/89 F, ui i; ;+'• i) d In response to your above referenced application for a Policy of Title Insurance, Westland 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 below 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 as set forth in Exhibit A attached. 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. DATED AS OF November 7, 1989 At 7:30 A.M. The form of Policy of Title Insurance contemplated by this report is: ( ) California Land Title Association Standard Coverage Policy. ( ) American Land Title Association Loan Policy. American Land Title Association Residential Title Insurance Policy. ( ) American Land Title Association Owner's Policy Form B. DON STEVENS/WADE SWCKWELL TITLE OFFICERS ab -- ORDER NO.: 108156-1 ab The Estate or interest in the land hereinafter described or referred to covered by this report is: Title to said estate or interest at the date hereof is vested in: GARY STEVEN NESSIM, an unmarried man The Land referred to in this report is situated in the State of California, County of San Diego and is described as follows: Parcel 2 of Parcel Map No. 9739, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 28, 1980 as File No. 80-67483 of Official Records. ORDER NO.: 108156-1 ab At the date hereof Exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Second Installment, General and Special taxes for the fiscal year 1989-90. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5. (cartnencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement for slopes and incidental purposes in favor of CITY OF GARLSBAD, recorded December 19, 1968 as File No. 222614 of Official Records, described as follows: A 10 foot strip as shown on Parcel Map No. 9739. 4. A Deed of Trust to secure an indebtedness of $101,200.00, recorded August 16, 1988 as File No. 88-403199 of Official Records. - DATED: August 10, 1988 TRUSTOR: GARY STEVEN NESSIM, an unmarried man TRUSTEE: SERRANO RECONVEYANCE CEMPANY, a California Corporation BENEFICIARY: HC4E SAVINGS OF AMERICA, F.A., a Corporation 5. A Deed of Trust to secure an indebtedness of $20,001.00, recorded May 8, 1989 as File No. 89-241506 of Official Records. DATED: May 2, 1989 TRUSTOR: GARY STEVEN NESSIM, an unmarried man TRUSTEE: EQUITABLE DEED (X14PANY, a California Corporation BENEFICIARY: SECURITY PACIFIC NATIONAL BANK, a National Banking Association 6. The ccmnunity interest, if any, of the spouse of the Vestee herein shown. 7. The effects of documents, proceedings, liens, decrees or other matters which do not specifically describe said land, but which may affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence of such matters has not been ccxnpleted and will require a statement of information fran GARY STEVEN NESSIM in order to caiiplete this report. (NOTE: The need for this information is widely misunderstood and mis interpreted. The information therein is of a confidential nature and will be so kept by the canpany. We are not prying into the personal affairs of the parties. However, the processing of any order includes matters indexed by name only. A canpiete statement of information enables the caTany to eliminate those matters which appear to affect our party, but in reality only affect a party with a similar name. The statement of information furnishes information which enables the ccinpany to expedite the searching and examining process.) (Continued) SCHEDULE B CONTINUED ORDER NO. 108156-1 ab TX INFORMATION 1989-90: Code area: 09000 Parcel No: 156-190-57 Land: $104,040.00 Inrovements: $ 22,888.00 Personal Propert IT: $ 0.00 Etions: $ 7,000.00 1st Installment: $ 643.76 PAID 2nd Installment: $ 643.76 OPEN NOTE: A) Policy charge will be based on short term rate 80%. WESTIAND TITLE COMPANY 4660 LA JOLLA VILLAGE DR. #350 SAN DIEGO, CALIFORNIA 92122 (619) 535-2000 103 Ijj ATIN: OUR NO: 108156-1 REF.: NESSIM The above numbered report (including any supplements or amenanents thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association Loan Form Policy of Title Insurance. )DAT~'f AS 19 DON SThVENS/WADE S'IO(i(WELL TITLE OFFICER ab NOTE I: The only fee conveyances in the past six (6) months are NONE. NOTE II: This report is preparatory to the issuance of an ALTA Policy of Title Insurance. We have no knowledge of any fact which would preclude the issuance of said ALTA Policy with Indorsement No. 100 attached. There is located on said land the following: A SINGLE FAMILY DWELLING 2987 HIGHLAND DRIVE CARLSBAD, C?. FR COMMONWEALTH I LAND TITLE INSURANCE COMPANY A Reliance Group Holdings 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 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 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: 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 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: I. (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 POLIC' (REVISED 10-17-70 AND 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVER? 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. LCH 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 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 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 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. Form B-2210-1 (Rev. 10-84) ED - LIUT . p -1--;; -..SOj75f032 Cc . r —w S2k4645 . / / . :5118CNc 52W. 204, Y 7,99 . 0 / \ 6 _ mE ,v. , kA PMI282 0 O® \ • . . , •. E.COR. Phi 2I 2 5P4.9 ,vc524',p 17 / 84./ .TT2/'.27 5S'J,O °N /1 A j 10'?7' ze 73 ELM AV E. IV ZOO 1 ol 17 ul -ç c_.&c 'J Iv :2 Z " TT7 7........................v 196.21 V 0 - zi 0 0 ® P 1 p,o°k° 0 I I .3'do'a7e 1 '27 I_ _J LI N.55275, .59./.57 _4v;;'.-,'2,f/ • • _I -, OAK : AV E. / -I'm . .• -. I - . I CITY OF CARLSBAD 1200 ELM JI&NUE CARLSBAD, CALIFO IA 92008 4385621 REC'D FROM/? DATE ACCOUNT NO. DESCRIPTION AMOUNT r 1309 11/13/85 0001 01 02 RECEIPT NO. 97783 TOTAL /JY ) APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure' form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any. of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either' general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or merriber: of the joint venture. Should one or more of the parties be a privately held corporation. (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full name and address of the corporation, the place of. its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. DISCLOSURE FORM APPLICANT: GARY NESSIM Name (individual, p es4+p, jen4—e.c4.w.t.e., corpora -thn, sn-eficat;) 2860 State Street, Carlsbad, CA 92008 Business Address 619-729-3333 Telephone Number AGENT: 4 DESIGN Name 2979 State Street, Carlsbad, CA 92008 Business Address 619-729-8955 Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) 1)We understand that if this project is located in the Coastal Zone, we will apply for Coastal Commission Approval prior to development. We acknowledge that in the process of reviewing this application, it may be necessary for members of City' Staff, Planning Commissioners, Design Review Board members, or City Council,fl?embers to inspect and enter the property that is the subject of this application. 0//We consent to entry for this purpose. PWe declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and maybe relied upon as being true and correct until amended. - BY ow1ev' Agent, Owner, Partner . 1P DISCLOSURE FORM APPLICANT: GARY NESSIM Name (individual, partnership, joint venture, corporation, syndication) 2860 STATE STREET, CARLSBAD, CA 92008 Business Address 729-3333 Telephone Number AGENT: 4 DESIGN Name 2979 STATE STREET, CARLSBAD, CA 92008 Business Address 729-7855 Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) t We understand that if this project is located in the Coastal Zone, I we will apply for Coastal Commission Approval prior to development. AN We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council embers to inspect and enter the property that is the subject of this application. I We consent to entry for this purpose. ti'We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. / BY - IMPORTANT NOTE CHECK ALL SUBMITTALS PBE SURE ALL THE REQUIRED INFORMATION AND KATERIALS HAVE BEEN SUBMITTED WITH YOUR APPLICATION. INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE COMMISSION OR COUNCIL. YOU WILL BE NOTIFIED IN WRITING WITHIN 30 DAYS OF SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE. Applicant Disclosure Form - All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Circulation Impact Analysis - All applications which propose an increase in the traffic generation rate of 500 vehicles or more over existing traffic generation for the site -must submit a Circulation Impact Analysis. This Analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Hillside DeveloDment Permit - A Hillside Development Permit is required for all projects with a slope of fifteen percent or more and an elevation differential greater than fifteen feet. Check with City staff if you are uncertain whether or not your proposed project site requires a hillside development permit. If required follow the instructions provided on the application form. Environmental Impact Assessment Form - All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental. Impact Reports. Follow the instruction provided with the application form. Coastal Development Permit - Projects within the coastal zone boundary may require a Coastal Development Permit. For most projects, application is made to the State Coastal Commission. Forprojects within the Coastal Zone Boundary and the City's Redevelopment Area, application for a Coastal Development Permit is made with the City. Follow the instructions on the application form. Applicants requiring Coastal Development Permits may wish to obtain a Coastal Development Permit Handbook available at the Development Processing Counter for nominal fee. ARFM0008.DH 4/89 Suii Diego . ASSOC1VIiON OF BRIEF GUIDE OF VEHICULAR GOVERNMENTS TRAFFIC GENERATION RATES FOR THE SAN DIEGO REGION Suits 524, Security Pacific Plaza 1200 Third Avenue San Diego, California 92101 JULY 19u (619) 236.5300, NOTE This list only represents a g uide of average or estimated, traffic generation rates for tend uses (emphasis on acreage and building Square footage) in the San Diego region These rates are subject to change as future documentation becomes available or as Ioc$i sources are updated For more specific Information regarding traffic data and trip rates, please refer to the San Diego Traffic Generators manual. Always check with local jurisdictions for their preferred or applicable rates. ESTIMATED WEEKDAY VEHICLE HIGHEST PEAK HOUR % (plus IN:OUT nbc) LAND USE TRIP GENERATION RATE Between 7-9 A.M. - Between 4-I P.M. Agriculture (Open Space) 2/acre" Airports - Commercial 12/acre, 100/flight. 70/1000 sq ft 6%(64) 7% (5:5) General Aviation 4/acre. 2 flight. 6/based aircraft Heliports 100/acre" Automobile Car Wash 900/site. 6001acre" 4% (5 5) 9%(55) Gasoline 750/station. 1301pump" 6%(55) 12% (5 5) Repair & Sales (Dealer) 60/1000 sq. ft .400/acre, SO/seivice staIr 8%(64) 10%146) Banking Bank (Walk-in only) 150/1000 sq ft. 1000/acre " 4% (7 3) 8%(46) Bank (w/Drive- through) 20011000 sq ft. 1500/acre 5%(64) 10%(55) Drive-through only . 300/050 one-wey)/l11ne 3% (5 5) 13% (55) Savings I Loan 60/1000 sq ft . 600/acre" 2% 9% Drive-through only 100 (50 one-wey)/iane - 4% 15% Cemeteries 5/acre' Church (Or Synagogue) 15/1000 sq ft . 40/acre -. (triple rates 4% (8 2) 8%(55) for Sunday. or days of assembly) Commercial/Retail Centers Super Regional Shopping Center 40/1000 sq. ft.. 400/acre 2% (7 3) 9%(55) (More than 60 acres, more than 600.000 sq ft . w/usually 3+ - major Stores) Regional Shopping Center 50/1000 sq ft.. 500/acre 2% (1 3) 9%(5.5) (30-60 acres. 300.000-600.000 sq. ft.. w/usually 2+ major stores) Community Shopping Center 10/1000 sq ft.. 700/acre -. 3%(64) 10%(55) (10-30 acres. 100.000-300.000 sq ft.. w/usually I major store and detached restaurant) Neighborhood Shopping Center 120/1000 sq. ft. 1200/acre' 4%(64) (Lou than 10 acres. less than 100.000 sq. ft., w/u$u*lly grocery store I drug store) Commercial Shops 4011000 sq. It.. 4001acre 3%(6 4 ) 9,11111155) (also strip commercial) Grocery Store 150/1000 sq ft . I500/acre " 3% (7 3) 1 11"11105) Convenience Market 500/1000 sq ft.' 6% (5 5) 9%155) 10% (5 5) Discount 70/1000 sq. it .700,acre" 2%($4) Furniture Store 6/1000 sq It, 100/acre" 4%(64) 9%(55) Lumber Store 30/1000 sq ft.. 150-acre" 7% (6 4) 9%(55) Hardware/Paint Store 60/1000 sq It . 600/acre" 304 (6 4) 9%(55) Garden Nursery 4011000 sq. ft.. 90/acre" 3%(64) 10%(5.5) Education University (4 years) 2 S'studenl. 100 acre' 10810 (9 1) 9%(37) Junior College (2 years) I 6'student. 80'acre' 12% (9 II 20%(82) 8%(3 7) 14%(37) High School I l'sfudent. 50/acre' 24% (7 3) 7% 13 7) M,ddIe.'iunior High 1 0/student. 40/acre" 26% (6 4) 5% (3 7) Elementary 1 4 student 60/acre" " 17% IS 51 18%(S 51 Day Care 3/child. 70/1000 sq It MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado. Del Mar. El Cajoni, Encinitas, Escondido. frnprintal Belch. La Mosa, Lemon Grove. National City, Oceanside, Poway. San Diego, San Marcos. Santee. Solana Beach. Vista and County of San Diego ADVISORY/LIAISON MEMBERS California Department of Transportation. U S. Department of Defense and Tijuana/Baia California None. Hospitals General 20 bed 20/1000 sq It 20.ac'e 94 18 21 tt, (3 7) ConvslescenllNurslnQ 3be" 6% )riCulIrIal lnth(rl5)/8u31r*!S Park (commercial Included) 15/1000 sq it 200'ac?e • 12' 15 2) 12% 1? 8) Industrial Park (no commrc(al) 811000 q ft 90,acre ' ) 12916 (2 8) Industrial Plant (multiple shifts) 1011000 sq It 120-acre (8 2) 15% (3 7) ManulacturingJAUImbIY 41000 sq ft. 60/acre" 27 0 9 1) 20% (19) Warehousing 5/1000 sq it . 60,acre" 15% (7 3) 25%(461 Storage 2'1000 sq It 0 21vault. 30 acre' 51 1 (5 5) 9110 (5 5) Science Research & Development 81 100050 It 80 acre 16' (9 I) 14%)) 9) Admi mist ration/COrporate Headquarters 711000 sq II 100/acre" 18% (9 I) 16% (1 9) Library 4011000 sq ft.. 400/acre" 2% (7 3) 14 (55) Lodging Hole) (w/convention faCili ties/ restaurant) 101room 300'acce 6'. 1A 1 8'.k (64) Mole) 9/room. 200'ecre 8'. 14 6) 9". (64) Resort Hotel 6/room, 100/acre' 5% (6 4) 7% (1 8) Military 2.5 military & civilian personnel 91,019 I) 10% (2 8) Offices Standard Commercial Office 20/1000 sq if . 300/acre 14% (9 1) 1314 (2 81t (less than 100.000 sq (I) Large (high-rise) Commercial Office 17/1000 sq If . 600iacre 13'0 (9 1) 140,6 (2 6) (more than 100.000 sq ft./8 stories) Government (Civic Center) 30/1000 sq If " 9", (9 1) 12%(37) PoSt Office 150/1000 sq ft." 799 (55) 6%(55) Department of Motor Vehicles 180/1000 sq ft .900/acre" 6% f6 4) 11% (48) Medical 50/1000 sq ft. 500/acre' 6'. (8 2) 10%(371 Parks City (developed) 50.acre' Regional (undeveloped) Siacre 4'. 89 111 Neighborhood 5/acre" Amusement (Theme) 80/acre. 130/acre (summer only)" San Diego Zoo 115/acre See World 80/acre' Rec-cstion Beech Ocean or Say 6001000 It shoreline. 60 acre* 11% (4 6) Beach Lake (fresh water) 50'1000 ft shoreline. 5/acre' Bowling Center 301ane. 300/acre" 7'r (7 2) tO"'. (4 6) Campground 4/campsite" 4% 6'. Golf Course 8'acre SOOicoursP" f'• (A 2) 9". (3 7) Marinas 4'berlh. 20 'acre " 3'. 9". (3 7) Racquetball/Health Club 4011000 sq ft . 300/acre. 40/court 4% [S 4) 90 (6 4) Tennis Courts 30'1000 sq ft. 30/court" 406 Sports Facilities Outdoor Stadium 50.acre. 02/seal' Indoor Arena 30/acre. 0 t/seet' Racetrack 40/acre, 0 6/seal' Theaters (multiplex) 80/1000 sq ft.. 1 .8/seat' 0 3% 8%(731) Residential Single Family Detached 10/dwelling unit' B'8(28) I(r'. (73) (average 4 DU/acre) Condominium 8/dwelling unit' 8 (2 8) 10%(7 31 (or any muttl-farnUy less than 200U.'acre) Apartments 6/dwelling unit' 8'I (2 8) 11% (73) (or any multi-family units more than 20 DU/acre) Mobile Home S'dwellsng unit. 40/acre' 9'. (3 7) II". (6 1) Retirement Community 4dwelltng unit" fluirat Estate . i2'welurn, unit" Congregate Car. Facility 21dwelling unit" 3% (r) 4) '• (5 51 Restaurants Quality 1001000 sq ft. Soofacre' " ". (61) 801s (7 3) Sit down, high turnover 300'1000 sq II. 1200 acre' (5 5) 6% 16 41 Ft Food (w/drive'through) 100.' 1000 sq ft 3000 acre'" " ( "I Transportaloru Facilities Bus Depot 25 1000 sq It Truck Terminal 10'10OO sq ft. 60/acre" 91O II 6) 8611 (5 5) Wale'oort • 170/berth. 12acre" Transit Station (Rai) 300.acre" 14% (7 3) 15% (3 71 Primary source San Diego Traffic Generators *'Other sources ITE Trip Generation Report. Trip Generation Rates (otruer aaencues) various SANDAG a CALl RAN5 slu'd'e' rerinrls nrril entirrintelt . TABLE 13.10.020(c) Type of Building, Structure or Use (1) Each space of a trailer court or mobilehome park (2) Each duplex (3) Each separate apartment in an apartment house (4) Each housing accommodation designed for occu- pancy by a single person or one family, irrespective of the number actually occupying such accommodation (5) Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals Without cooking facilities With cooking facilities (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty per- sons or any fraction thereof) (7) Restaurants: No seating Seating Delicatessen or fast food, using only disposable table- ware: No seating Seating (8) Automobile service stations: Not more than four gasoline pumps More than four gasoline pumps (9) Self-service laundries, per each washer Equivalent Dwelling Units 1.00 2.00 1.00 M M111 I .1 I&i 1.33 2.67 2.67 plus 1.00 per each 7 seats or fraction thereof 2.67 2.67plus 1.O0 per each 2l seats or fraction thereof 2.00 3.00 .75 358-1 (Carisbsd$-88) . 0 TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (10) Office space in industrial or commercial establish- merits not listed above Divide the gross floor area of the building in square feet by 1800 (II) Schools: Elementary schools For each sixty pupils or fraction thereof 1.00 Junior high schools For each fifty pupils or fraction thereof 1.00 High schools For each thirty pupils or fraction thereof 1.00 (12) In the case of all commercial, industrial and business establishments not included in subdivisions 1 through 10, inclusive, of this subsection the number of equiv- alent dwelling units shall be determined in each case by the city engineer and shall be based upon his esti- mate of the volume and type of wastewater to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permit, issued for any use hereunder. shall include a specific volume of sewage authorized for such use. If said amount is exceeded, it shall be grounds for revocation of the permit. (13) Warehouses: Divide the gross floor area of the building in square feet by 5000 359 LAND' E REVIEW APPLICATIO ORMS I RUCTIONS TO APPLICA S In order to streamline the application process and reduce duplication in filling out application forms the City has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the City: 1. Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. 2. Location of Project: Fill in the blanks with the appropriate direction and street names. For projects located in undeveloped areas not adjacent to streets use the nearest street from which the project will take access. 3. Brief Legal Description: Generally provide a brief legal description of the property such as; Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or, portion of Lot I of Rancho Agua Hedionda Map 1717. Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. 4. Assessor Parcel No.(s): Include all assessors parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessors parcel number(s). Local Facilities Management Zone: Write the number of the facilities management zone within which your project is located. Ask for counter assistance in determining which facility zone your project is located. It is important to know which facility zone includes your project. Each facility zone must have an adopted local facilities management plan before applications can be accepted by the City. Additionally, the adopted facility plan for your zone may contain significant public facility requirements which must be met before your project may be accepted as complete or before construction permits are issued. 6. Existing General Plan Designation: Write down the General Plan Designation(s) for the property covered by your proposed project. Ask for counter assistance if you do-not know your general plan designation. 7. Proposed General Plan Designation: Required only if your project involves a request for a general plan amendment. If so, write in the proposed general plan designation for the property. 8. Existing Zoning: Write down the existing zone plan designation for your proposed project property. Ask counter staff for assistance if you do not now your zone designation. 9. Proposed Zoning: Required only if your project involves a request for a zone change. If so, write in the proposed zone designation(s). 10. Gross Site Acreage: Write down the total acreage of the property over which your proposed project is situated. Not necessary for Zone Code Amendments or Variances. 11. Proposed Number of Residential Units: Required for residential projects. Write down the total number of proposed dwelling or apartment units to be included in the project. Include existing units which are included within the project boundary. 12. Proposed Number of Lots: For tentative tract maps and minor subdivisions only. Write down the number of lots which are proposed to be created. Include remainder parcels, open space and private street lots. ARFM0008.DH 4/89 • 13. Type of Subdivis: For tentative tract and par maps only. Write down the type or typ of uses included within the s ivision. For example: residential or commercial/industrial. 14. Number of Existing Residential Units: Write down the number of existing dwelling or apartment units currently exiSting on the project site. 15. Proposed Industrial/Office Square Footage: For all projects which propose the creation of new industrial buildings. Write in the proposed gross square footage to be applied for industrial/office use. 16. Proposed Commercial Sauare Footage: For all projects which propose the creation of new commercial buildings. Write in the proposed gross square footage to be applied to commercial use. 17. Percentage of Proposed Project in Open Space: Write down the percentage OT gross project site acreage which qualifies as open space per the growth management standards. Not required for Variance Applications. 18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling unit(EDU) is the average of sewer generated by one house or dwelling. One AU is equivalent to 220 gallons per day of sewer usage. Use the attached EDU chart to determine the sewer usage for your project. Ask for assistance at the counter if you are unsure how to determine your usage. For industrial projects use the following assumptions: a. Undeveloped industrial assume 30 percent building coverage. b. Improved lot industrial assume 40 percent building coverage. C. For shell or unknown industrial building usage assume 1 EDU for each 1800 square feet. 19. Proposed Increase in Average Daily Traffic (.ADT): Write down the projected increase in traffic genration which will result as a consequence of approval of your proposed project. Use the traffic generation rates as determined by the latest San Diego Association of Government Traffic Generation Rate Guide (attached). 20. Pro.iect Name: Fill in the box with the name of the project. Such as Rising Glen or Aviara. If no name is proposed write in the last name of the owner or applicant plus a brief description such as Hauser Condo Conversion or Wickham Residential Subdivision. 21. Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footages or architectural details. For example: a neighborhood commercial center with two drive thru restaurants; or, a single family detached residential project; or, an industrial/office complex with three industrial/office buildings. 22. Owner's Name , Address, Telephone and Signature: To be filled in and Owner's. the owner for all applications. Use the owner's name as it appears on the title report. 23. Applicant's. Name, Address, Telephone and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. Application Submittal Requirements: Attached with the application form are the various submittal checklists for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. ARFM0008.DH 4/89 . DETERMINATION AND JUSTIFICATION THE SUBJECT SITE HAS TWO EXISTING STRUCTURES CONSISTING OF A SMALL ONE STORY RESIDENCE AND A THREE STORY GARAGE. THE SMALLER STRUCTURE IS NON -CONFORMING IN SETBACK REQUIREMENTS. WE PROPOSE TO RELOCATE SMALLER STRUCTURE, CURRENTLY MR. NESSIM'S RESIDENCE, TO ANOTHER LOCATION ON THE SAME SITE WHICH CONFORMS TO THE SETBACK REQUIREMENTS WHILE PROCEEDING WITH PRELIMINARY DESIGN'S FOR RENOVATION OF THE LARGER STRUCTURE. MR . NESSIM HAS STATED HIS REASONS FOR THIS REQUEST IN THE ATTACHED LETTER. NOV 13 1983 9 C!TY OF CARLSBAD DIVLOP. PROC. SERV. DIV. I . NOVEMBER '8, 1989 To WHOM IT MAY CONCERN: RE: 2987 HIGHLAND DRIVE AMONG THE REASONS FOR RELOCATING MY HOUSE LOCATED WITHIN THE FRONT YARD SETBACKS ON THE VERY BUSY CORNER OF HIGHLAND DRIVE AND ELM AVENUE ARE THE FOLLOWING: 1. THE RECENT INSTALLATION OF A TRAFFIC SIGNAL HAS CAUSED INCREASED POLLUTION DUE TO THE DELAYED MOTOR VEHICLE-S AT THE INTERSECTION. 2. MY HOUSE IS PRESENTLY LOCATED 10 FEET FROM THE INTERSECTION AND THE NOISE AND EXHAUST FROM THE CARS AND THE LIGHT FROM THE SIGNAL ARE INTERFERING WITH MY SLEEP AND HEALTH. 3. THERE HAVE BEEN NUMEROUS TRAFFIC ACCIDENTS AT MY INTERSECTION AND RELOCATING MY HOUSE AWAY FROM THE CORNER AND OUT OF THE LINE OF SIGHT OF MY CORNER WILL IMPROVE THE SAFETY OF THAT INTERSECTION AND MY HOME. . LAST YEARS A FULL.! CARLOAD OF KIDS PARTYING THEIR WAY PAST MY CORNER FIRED' A SHOT THROUGH MY KITCHEN WINDOW WHILE I WAS IN THE LIVING ROOM. RELOCATING MY RESIDENCE AWAY FROM THE CORNER AND SEVERAL FEET BELOW ELM AVENUE WILL MINIMIZE THE PROBABILITY OF THIS HAPPENING IN THE FUTURE. THANK YOU FOR YOUR CONSIDERATION NOV t_- l;-E0wc9lv9v 13 1989 CITY OF CARLSBAD DLVLOP. PROC. SERV DIV. 1 . SPECIFIC REQUIREMENTS '11. Fifteen (15) copies of site plan (24" x 36" folded to 8 ,1 11 x il l') shall include the following information: - Name and address of applicant, engineer and/or architect, etc. - All easements - Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. - Distances between buildings and/or structures - Building setbacks (front, rear and sides) - Location, height, and materials of walls and fences WA - Location of freestanding signs p/h. - All driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site - Existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties - Typical street section - Any existing median islands within 100 feet of subject site - Nearest cross streets on both sides with plus or minus distances from subject site - Locatipn of all buildings within 100 feet of subject properties - A vicinity map showing major 'cross streets - A summary table indicating the following information: - site acreage - existing zone and land use - proposed land use - total building coverage - building square footage - percent landscaping - number of parking spaces - square footage of open /recreational space (if applicable) - cubic footage of storage space (if applicable). 2. Fifteen (15) copies of preliminary landscape plan (24" x 36" folded to 8j" x 11") shall include the following information: - Landscape zones per the City of Carlsbad Landscape Guidelines Manual. - - Typical plant species and their sizes for each planting zone. - An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. - Landscape maintenance responsibility (private or common) for all areas. - Percent of site used for landscaping. 3. Fifteen (15) copies of building elevations and floor plans (24" x 36" folded to 8+" x 11") shall include the following information: - Floor plans with square footages included - Location and size of storage areas - All buildings, structures, walls and/or fences, signs and exterior lights. 4. One (1) copy of 8+" x 11" site plan. . C . SPECIFIC REQUIREMENTS '1 1 . Fifteen (15) copies of site plan (2 14" x 36" folded to 8" x 11 11 ) shall incLude the following information: v' Name and address of applicant, engineer and/or architect, etc. All easements Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. V' Distances between buildings and/or structures Building setbacks (front, rear and sides) ',- Location, height, and materials of walls and fences Location of freestanding signs - -A:il driveways to scale on adjacent and across the street properties for adjstance of 100 feet beyond the limits of subject site - Existir.g curbs, gutters, sidewalks and existing paving widths within 10 feet on adjacent and across the street properties - Typical street section existing median islands within 100 feet of subject site Nearest cross streets on both sides with plus or minus distances from subject site -, Location of all buildings within 100 feet of subject properties A vicinity map showing major cross streets - A summary table indicating the following information: - site acreage - xis'ting zone and land use - proposed lnd use - •total buildfng coverage -. building square footage - percent landscaping - number of parking spaces square footage of open /recreational space (if applicable) - cubic footage of storage space (if applicable). 2. Fifteen (15) copies of preliminary landscape plan (24" x 36" folded to 8 ,2111 x 11 11 ) shall include the following information: - Landscape zones per the City of Carlsbad Landscape Guidelines Manual. - Typical plant species and their sizes for each planting zone. - An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. - Landscape maintenance responsibility (private or common) for all areas. - Percent of site used for landscaping. 3. Fifteen (15) copies of building elevations and floor plans (24" x 36" folded to 81" x 11") shall include the following information: - Floor plans with square footages included - Location and size of storage areas - All buildings, structures, walls and/or fences, signs and exterior lights. 4. One (1) copy of 8+" x 11" site plan. • • 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 Qitp ot Car1bab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS SAME TELEPHONE (619) 438-1161 City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check for $34t.0, payable to "City of Carlsbad". 7/87 . . .4 4• RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 8TH day of NOVEMBER , by and between GARY NESSIM - (Name of Developer-Owner) aN OWNER , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 2987 HIGHLAND AVENUE, CARLSBAD CA 92008 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 . . RELOCATION OF EXISTING RESIDENCE TO NEW LOCATION ON SAME SITE on said Property, which development carries the proposed name of_____________ NESSIM RESIDENCE and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the13 day of , with the City a request for RELOCATION PERMIT 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 js 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. REV 3-1-88 2 . I NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 3 . I 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 I . 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 . . S . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California By: By: MARTIN ORENYAK (Title) For City Manager By: 1' (Title) I ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 0 L 0 03 - (_) cuJ Z ° z 4— u i I- 4 . . -4 _: p Individual Acknowledgment STATE OF CALIFORNIA COUNTY OF 54?-rv i,iJ-, } SS. On this _____ day of /V/, L',/ê-/Z-. , in the year 19 before me, the undersigned, a Notary Public In and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name / ' subscribed to this instrument and acknowledged that ________ executed it. Notary Seal WITNESS my hand and ial seal. ,<H I!!5 CAUFCRNA SAN EGO couNif MyComm.ExplresAug.31, 1993 -; Notary Public in and for said County and State P1-20 . . I- EXHIBIT A LEGAL DESCRIPTION PARCEL 2 OF PARCEL NAP No. 9739, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1980 AS FILE No. 80-067483 OF OFFICIAL RECORDS. REV 3-1-88 . ICY OF TITLE INSURANCE Issued By COMMONWEALTH LPJ'ZD TITLE INSURANCE COMPANY A RELIANCE GROUP COMPANY SCHEDULE A DATE OF POLICY: August 16, 1988 CODE NO.: 2.11) POLICY NO.: 609-005504 AMOUNT OF INSURANCE: $ 135,000.00 ORDER NO.: 103118-1 CHARGE: $ 509.00 TIME: 8:00 A.M. RELATE) POLICY NO.: 408-255146 1. Name of Insured: GARY STEVEN NESSIM 2. The estate or interest in the land which is covered by this policy is: AFEE 3. Title to the estate or interest in the land is vested in: GARY STEVEN NESSIM, an unmarried man 4. The land referred to in this policy is described as follows: Parcel 2 of Parcel Map No. 9739, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 28, 1980 as File No. 80-067483 of Official Records. Countersigned and Validated WESTLAND TITLE CXXvIP?NY BY AUTHORIZED REPRESENTATIVE BERNIE COLEMAN iw OJTA Standard Coverage Policy Form - 1988 Schedule A Form 1156-4 . ORDER NO.: 103118-1 POLICY NO.: 609-005504 iw COMMONWEALTH LAND TITLE INSURANCE CTh'JPANY A RELIANCE GROUP COMPANY 1W0001WOKIN, 01. V. , CM This policy does not insure against loss or damage (and the Cciiipariy will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 1. Taxes or assessments which are not shavn as existing liens by the records of any taxing authourity that leviews taxes or assessments on real property or by the public records. Proceedings by a public agency which may reslult 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., interest or claims which are not shown by the public records but which could by ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumberances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary 1ins, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not s1rvin by the public records. 5. (a) Unpatented mining claims; (b) resrevatians or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, 1 whether or not the matters excepted under (a), (b) or (c) are stn by the public records. CLTA Standard Coverage Policy Form - 1988 Schedule B Form 1156-5 ORDER NO. 103118-1 POLICY NO.: 609-005504 • iw cx)vM)NwFALTH LAND TITLE INSURANCE COMPANY A RELIANCE GROUP HOLDINGS CU4PPNY SCHEDULE B PART II 1. General and Special taxes for the fiscal year 1988-89, a lien, not yet payable. 2. The lien or supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5. (cczimencing with Section 75) of the Revenue and Taxation Code of the State of California. NJTE: All Supplemental Taxes which may have been or will be assessed pursuant to the above are the sole responsibility of the Vestee(s) herein and this company assumes no liability regarding the same UNLESS specifically instructed to do so. 3. An easement for slope easement and incidental purposes in favor of CITY OF C7PLSBAD, recorded December 19, 1968 as 222614 of Official Records, described as follows: A 10 foot strip as shown on Parcel Map No. 9739. 4. A Deed of Trust to secure an indebtedness of $101,200.00, recorded August 16, 1988 as File No. 88-403199 of Official Records. Dated: Trustor: Trustee: Beneficiary: August 10, 1988 GARY STEVEN NESSIM, an unmarried man SERRANO REOJNVEY1NCE CtIP1NY, a California Corporation HCt€ SAVINGS OF AMERICA, F.A., a Corporation CLTA Standard Coverage Form - 1988 Schedule B (Continued) Att• EMORSEr1ENT ed to Policy No. 609-005504 Issued By Q]4VDNWEPLTH LAND TITLE INSURANCE COMPANY The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said policy to the contrary, the amount of Insurance provided by said Policy, as stated in Schedule A thereof, is subject to to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxium amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Carerce Canposite Construction Cost Index (base period 1967) for the month of Septer immediately preceding exceeds such Index for the month of September one year earlier; provided however that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Canpany under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insurance claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Ccnipany of the first notice of such claim, whichever shall first occur. 5. The coverage provided by this endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described inthis policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or, b. The land consists of a residential condcxninium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owners resides or intends to reside. This endorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending the effective date of said policy, unless otherwise expressly stated. Dated: August 16, 1988 Order No.: 103118-1 OountersnY WESTU\ND,QTI'rLE O1PANY BY ( ATJI'HORIZED OFFICER OR AGENT Form 2097 Z't cli —I tat rn .. - rr -i — • ÔA$/.S 7 BEARM'65 7 533.33• — . cI r rr1 t k . j; tL, rT' Ci c- ial I' I ),I —I lb Ing '4 C r -•1 'a b 14 I C 'a '4 A134 01 0IW (AD.) 40' - 4 HIGHLAND V Cl) k o • pail 0 C') U I tt C 'a e \ AZ. .4 Z. \ _4 It *11 TRANSMITTAL LETTER TO: :::j7Y t2 ATTN: ./A-144 DATE: ////7/ PROJECT # WE TRANSMIT: () ( ) FOR YOUR: ( ) ( ) THE FOLLOWING: ( ) ( ) ( ) ( ) HEREWITH ( ) UNDER SEPARATE COVER VIA IN ACCORDANCE WITH YOUR REQUEST APPROVAL ( ) DISTRIBUTION TO PARTIES REVIEW & COMMENT ( ) RECORD ( ) INFORMATION USE DRAWINGS ( ) SHOP DRAWING PRINTS SPECIFICATIONS ( ) SHOP DRAWING REPRODUCIBLES CHANGE ORDER ( ) PRODUCT LITERATURE SAMPLES COPIES DESCRIPTION REMARKS: ,6424 _ ,t6' 221115; WAd4j7 t/ 41z NOV.13 1989 C!TY OF CARLSBAD O.LQP. PROC. sErV; DIV. 2 1Av' -Ji H: L. I 19 ( T IN I • DRIVEWAY LOCATION MAP NOV 13 1933 9 CITY OF CARLSBAD DEVELOpS PROC. SERV. DIV. /AcN-1 1 LO i,LsIWu-J lO' L-M AvøJ \ . . CONSTRAINTS MAP C N/A a. Major ridge lines N/A b. Distant views NA c. Internal views N/A d. Riparian woodlands N/A e. Intermittent drainage course N/A f. 25 - 140% slopes N/A g. Slopes. 40% and above N/A h. Major rock oL!tcroppings I: . Easements (SEE PLAN) N/A j. Fioodplains N/A k; Archaeological sites N/A I. Special planning areas N/A m. Biological Habitats - NOV 1 b 193 9 CITY OF CARLSBAD DELOP. PROC. SERV. DIV. HI Ill Cnt 7 I\I - I 1/ --k------- ATIaJ OK1r4 I- 1f J rii ' fCrJ) if; 1/ H -.J r / 1c7 Ill II 4!~ LMAV1. : vs rAA II 4 - - Avg& LL— LM Av. SITE PLAN - I . .. .: r ? • H U .] -.. IV 7~a it Ii Ui it ______ I ..': . • ,1 2 • 1l______________ Ii 117 .. I :) .........,. .............._c_•_'_•_._- - - •. -.. --.--. •1 _iIl I Li-................-..'-.-,—•..---. ..........._1_•_ Vi' I - ±_ ........----- ...• ' WESI kTON . 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