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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) fô Location of-`Project -. /UQ _________ .......... Legal Description (complete) - /9 (Al (vW%e c1j f1"4 lO __- o r- CzvqtsL/~n . . 47k o'r 11 Existing Land Use Zone General Plan Proposed Zone Zone Propised General Plan Site Acreage t-w 2OZ) I/VkL __ T• . Owner pplicant arn (Print or Type) me (Print or Type) 7L5'4 mAiling Address Mailing Address 13 Z19f7 I . 12)00 csL)c7oP 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 G-0 - 45 SIGNAIURE DATH r~41,2c, Az App TT - _oD Sta --Aslqr€ _ C_as .5 ...- . ........ ...-. __. JTE p HW2- o 7 2 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 - _______________ ________________________________________ ________ •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 / 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: ( I 4MP\R8O - 3(Q . . a 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. - • • 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. S . 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. - -- - ----- • I/I • • /// • 6q • - I 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) 0 0. 0 U, 0 CD 0) a 0 •0 U U, (3 a (Title) 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 -S t.ULt.lLU 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. .. £ ' 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 \\\ "•• 'PROPOSED GARAGE •0 • . P \ VICINITY MAP --- I-'— p 1L I- ; n 4 J I H 1*1 ITT 04, Koo m—W ~j Qa Ion mv H v fill 1