HomeMy WebLinkAboutV 326; CORSO, JOSEPH J.; Variance (V)REQUEST
O Zone Change 0 Precise Development Plan
O General Plan Amendment E] Specific Plan.
o Tentative Tract Map 0 Site Develonent Plan
O Planned Unit Development 0 Conditional Use Permit
O Major Condoniiniurn Permit Mvariance
o Minor Condominium Permit 0 Planning Commission Determination
C] Master Plan 0 Special Use Permit
Complete Description of project (attach additional sheets if necessary)
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Location of-`Project -.
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Legal Description (complete) - /9
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Existing Land Use Zone General Plan
Proposed Zone Zone Propised General Plan Site Acreage
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Owner pplicant
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mAiling Address Mailing Address
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City 'and State Zip Telep'none City and State Zip Telephone
?z I CERTIFY THAT AM THE LEGAL OWNER AND ICERTFY THAT I AM THE OWNER'S REPPESENTIVE
IHAT ALL THE ABOVE INFOEMATION IS TRUE AND THAT ALL THE ABOVE ThFORMTION IS THUE
AND CORRECT TO THE BEST OF NY (NOWLEDGE AND CORRECT 'It) THE BEST OF NY KNOWLEDGE
SIGNATURE DATE
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UPPLEMENTAL INEORTION FORMS
VARIANCE
1) Gross Acres (or square footage, if less than acre) /0 C 3', .57 'C
2) Zone lo
3) General Plan Land Use Designatic L 1Y)
4) By law a Variance may be approved only if certain facts are found to exist
Please read these requirements carefully and explain 1ici the proposed
project meets each of these facts. Use additional. sheets if necessary.
a) Explain why there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intendd use that do not
apply generally to the other orope ty or 9lass of use in the ame vicinity
and zaie: i2n /
b) Explain why such variance is necessary for the preservation and
enjonent of a substantial property right possessed by other property in
the same vicinity and zone but which is denied to the property in question.
c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is boated.
d) Explain why the granting of such variance will not adversely affect the
A/C. NO. DESCRIPTION AMOUNT
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_______________ ________________________________________ ________ •1
po
/
TOTAL
CITY OF CARLSBAD
1200 ELM AVENUE 0 CARLSBAD, CALIFORNIA 92008 1 -. 729.1181
RECEIVED FROM DATE
I ADDRESS
City of. Carlsbad
IZCO Elm Ave.
Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER.
MokAbda MOIL FRI 9gry AND THE CITY OF CARLSBAD FOR THE 'WWWW PAYMENT OF A PUBLIC FACILITIES FEE
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THIS •AGREEMENT is entered into this day of d4
19 7, by and between
(name of developer-owner)
a / ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is
• (-street)-
, 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.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
Exhibit ;tA ; t c d: eô n ade tOf±h1 gethn,
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City;
and
WHEREAS, Developer proposes a development project as follows:
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on said Property, which development carries the proposed name
Of
and is hereafter referred to as "Development'; and
WHEREAS, Developer filed on the 2?~ay of Z'C4,?4
19 N , with the City a request for _________
(hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that a11 public
facilities necessary to serve a development will be available
- concurrent with need or such development shall not be approved
(said element is on file with the City Clerk and is incorporated
by this reference; and
WHEREAS, Developer and City recognize the correctness of
Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and
incorporated by this reference, and that. the City's public fatfilties 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
2. -
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to help satisfy the General Plan as implemented by Council Poliby
No. 11 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
I. The Developer shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of the buildings or structures to be constructed in the Development -
pursuant to £he Request. The fee shall be paid prior to the
issuance of building or other construction permits -for the develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any Lees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a Lee for conversion of existing buildings or
structures into condominiums in an amount not to exceed 2% 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 for use" as
used in this agreement, except in reference to mobilehome 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 or occupancy for which
3.
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the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome 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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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 fo.r
donation and amount of credit against the fee shall be determined
--byCityp±othth±ssuance of any building or other permits.
Such determination, when made, shall become a part of this agree-
ment. 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
4.
S .
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 services
sUfficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event
the Requests made by Developer are not approved.
7. Any notice from one party to the other shall. be. 4.n . •i....-.
writing, and shall be dated nd 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 for 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
5.
.
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 inure to
the benefit of, and shall 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 on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
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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
City Manager
(Title)
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ATTEST:
ALETHA L. BAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA
COUNTY OF Sr Dieoo 3 SS.
Augst 27, 1 981 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Joyce_M_ -
known to me
to be the person. _whose name subscribed to the
within instrument and acknowledged that S e executed the same.
-C-'L
SAFECO
FOR NOTARY SEAL OR STAMP
OFHCIAL SEAL /
Little
v pu C.AUFORN;A / 'CPAL OFFicE 4
S; :F3 COtJ4fy
(O \FLS ON JULY 12, 1915
EXHIBIT "A"
LEGAL DESCRIPTION
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AND WHEN RECORDEDMAIL THIS DEED AND. UNLESS OTHER
WISE SHOWN SELOW. MAIL TAX STATEMENTS TO:
NAME Mr. & Mrs. Joseph John Corso
Aeoeesa 1300 Basswood Avenue
CITY& Carlsbad, CA. 92008 STATE
£EJPrE N0_ W Bowc 1980
RECORDED REQUEST 0
WESTLAND TITLE CO.
.M4R 4 8:00 14M'BO
OFFICIAL RECORDS
SAN DIEGO C0U0, CALIF.
VERA L LYLE
RECORDER
.4.00
Title Order No. 3824-D Escrow No. 2-1386-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
TRA,Nspt-a TAX PAID
-68 20 SAN 01300 COUNTY co--o--g The undersigned declares that the documentary transfer tax is ------------------------------------------------------------------- and is
computed on the full value of the inteiest or property conveyed, or is
D computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
D unincorporated area Eg city of crkd-----------------------------------------------------------------------------and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PITA BtJTL1, a married woman as her sole and separate property
hereby GRANT(S) to
JOSEPH JOHI CORM iND J0f'_ IdiURCY COF.SO
husbaid ana wife as JOINT TEN7NTS
the following described real property in the City of Carlsbad
county of San Diego , state of California:
PARCEL 2 of PAREL MIW NO. 9389, in the City of Carlsbad, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County Novewber
15, 1979 as File No. 79-483582 of Official Records being a portion of Lots 13 and 14
of PATJIRSON'S ADDITION to the Tcn of Carlsbad, in tba City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 565, filed in the Office
of the Coutriy Recorder of San Diego County, Septener 22, 1888.
STATE OF CALIFORNIA )
- COUNTY OF SAN DIEGO SS.
March 10, 1980 On________________________________________________ before me,
U)
the undersigned, a Notary Public in and for said County and State,
person-Hy appeared CHARLES THOMAS WILSON
kpown to me to be the person whose name.. _1 is
subscribed to the within instrument, as the Attorney_ in fact of
; _ITA BURTON aka RITA BURTON WILSO
U'
and acknowledged to me th subscribed the name-- of RITZ BURTON thereto as
PATRICIA/I. USTAFSON
5 .1
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SBU
PATRICIA J. GUSThFSON
''t PUBLIC CA I 01' iA
PRNCIPA OFFICE IN
SAN DEG'J COUNTY
1y G miat Expires Jura 25. 1981
Signature of Notary
Assessors Parcel No
MAIL, TAX STATEMENTS TO PARTY SHOWN ON FOI.LOWINC LINE; IF NO PARTY SO SHOWN, _M\11, AS I)LREC ...RI) .E1OVE
Name a ad
Name Street Address City & Stat'
L- (C S.) (9s. 4-75) 3 PI.
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CASE NO.: V-326 DATE REETVED: 8-27-81
APPLICANT: CORSO, Joseph J.
REQUEST: Add garage to single family dwelling
Posted: ........Prier Cliânce Published:
Filed:
NEGATIVE DEIèRATIC:__________________________
Posted: .. -.-. Published:_____________
ENVMT?L IMPACr: REPORT:___________________
Notice of N6 6f
Preparation: . Canpletion:
Filed:
-
Notice of Detenth]ation:
Notice of
Deteiidxatior:
PLANNING CXXNMSSION
1. Date of
2. Publication:/3&1
oe 3. Notice to Property Owners _&2 1T K jL
40 Resolution No. Date:f
(Continued to: _ ...... ____________
5
CITY COUNCIL
1. Date of Hearing— 1/• ____ ,/
2. Notices to City Clerk ,.3
3.
Agenda Bill: ..............
4 Resolution No - Date -.'/4 I ACTION:
5. Ordinance No0 ..........................Date: ........ ...
p / P
Staff Report to Applicant.
Resolution to Applicant: .............. .....,.
RECORDING REQUESTED BY r f\ )
AND WHEN RECORDEDMAIL THIS DEED AND. UNLESS
WISE SHOWN SELOW. MAIL TAX STATEMENTS TO:
NAME Mr. & Mrs. Joseph John Corso
ADDRESS 1300 Basswood Avenue
CITY &
STATE Carlsbad, CA. 92008 zip L
Title Order No. 3824-D Escrow No. 2-1386-JI
fILE/FiiE NO-_______
BOOK 1980
RECORDED REQUEST OF
WESTLAND TITLE CO.
MR1 4 8:00 AM '80
OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
i/ERA Ii. LYLE
RECORDER
4.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
/2/',!:
GRANT DEED
TRANSFER TAX PAID
20 68 SAN DIEGO COUNTY RECORDER
. The undersigned declares that the documentary transfer tax is $ -------
------- ------------------------------------------------------------- aria is
computed on the full value of the interest or property conveyed, or is
D computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
F] unincorporated area Eg city of ckd------------------------------------------------------------------------------and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RITA BURICI'J, a married woman as her sole and separate property
hereby GRANT(S) to
JOSEPH JOHN CJRSO AND JOYCE M'PY COIlSO
husband and wife as JOINT TENANTS
the following described real property in the City of Carlsbad
county of San Diego , state of California:
PAECEL 2 of PEL DMP NO. 9389, in the City of Carlsbad, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County November
15, 1979 as File No. 79-483582 of Official Records being a portion of 'Lots 13 and 14
of PATSON' S ADDITION to the Tcrn of Carlsbad, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 565, filed in the Office
of the Couthy Recacder of San Diego County, September 22, 1888.
0. 0
C,
I
STATE OF CALIFORNIA
COUNTY SAN DIEGO } ãch 10, 1980 before me, On___________________________________
the undersigned, a Notary Public in and for said County and State,
personally appeared CHARLES THOMAS WILSON
known to me to be the person. whose name----2 s
subscribed to the within instrument, as the Attornev__. in fact of RITA BURTON aka RITA BURTON WILS
and acknowledged to me tha Pe subscribed the name_ RITA BURTON of thereto as
prin6ti111I and his "'wa naro._. as Attorney._._. in fact.
SPFECO
FOR NOTARY SEAL OR STAMP
OFFICiAl. SEAL
PATRICIA J GIJSTAFSON
PUBLIC - CIIFOP.NIA '
PRINCIPAL OFFICE IN
-' SAN DIEGO COUN1Y
My Comlsibn Expires June 26. 1981
PATRICIA/Y. AF SO
Signature of Notary
Assessors Parcel No- ------- —9PT 0
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
Name and address_sown_oza
Name Street Address City & State
L-I (G.S.) (R'-v. 475) 8 p1.
STATISTICS
- \•
OWNER
MR. S MRS_ JOE CORSO
1300 BASSWOOD AVENUE
CARLSBAD, CALWOR$A
92008
SITE ADDRESS
1300 BASSWOOD AVENUE
CAI.SBAD. CAUFORNIA
92008
SITE DATA
SITE AREA 10,65.5 saFr.
!?S71N0 BUILDING 570 SQ.PT.
GARAGE ADDITION 555 SO.Fr.
TOTAL BLDG. AREA 1,125 SQ.FT.
ZONE
ZONE R-1-10
EXISTING
BUILDING
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"•• 'PROPOSED
GARAGE
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