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HomeMy WebLinkAboutV 329; JUNIPER BEACH LTD; Variance (V)a L 4 REQUEST 0 Zone Change 0 Precise Develonent Plan o General Plan Zmendrnent 0 Specific Plan o Tentative Tract Nap 0 Site Developrrnt Plan El Planned Unit Development D Conditional Use Permit El Major Condominium Permit Variance o Minor Condominium Permit D'Planning Carimission Determination 0 Master Plan 0 Special Use Permit D.Major Condominium Conversion .-. . . ... Complete Description of project (attach additional sheets if - ç FOUR UNIT CONDOMINIUM PROJECT. Rëtiet s tb .7thtoA popert line adjacent to the alley.The garages will still be 5 from the property line. Location of Project 138 - 140 Juniper Street (Notth-East corner of Juniper and Carlsbad Blvd.) Legal Description (complete) Lot M in ±_2 of PATTSAflFS HTfl'S 4r the -ftynf rr1hd, Cnrrnty of Sr-D.iego, State of California, according to the Map thereof No. 1777, filed in the office of the county redorder of San Diego County, Jjy Assessors Parcel irrer 1,_1924. Zone General Plan Existing Land Use R-3 R-3 R-3 Proposed Zone Proposed General Plan Site Acreage R-3 R-3 .1436 Owner -- Applicant Name (Print or Type) Nan (Print or Type) Jim Hirschberg Jim Hirschberg 'Jailing Address Mai Address P.O. Box 597 P.O. Box 597 City and State Zip Telephone City and State Zip Telephone Carlsbad, CA. 92008 434-4576 Carlsbad, CA. 92008 434-4576 I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE CNER S REPRESENTIVE THAT ALL THE A3DVE flOPTI IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT ID THE BEST OF MY ROWLJGE AND CORRECT TO THE BLEST OF MY KNOWLEDGE SIGNATUFS / DATE, SIGWf , DATE 10/22/81 Da •!d1, Al ij 411 .te A1LCtaon ce.Lved S .Assl9ned Case er . . - L.. If after the information you have submitted has been reviewed, it is deternined that further informatioS required, you will be so adAdked. APPLICANT: Juniper Beach LTD. Name (individual, partnership, joint venture, corporation, syndication) 2942 Harding Street Carlsbad, CA 92008 Business Address 434-4576 Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: . Jim Hirsthbeg 138 Juniper Carlèbad, CA 92008: Name '(individual, partner, joint Rome Address - venture, corporation,. syndication) 2942 Harding Street Carlsbad, CA 92008 Business Address 434-4576 434-4577 Telephone Number Telephone Numbe Niguel A. Elias 140 Juniper - Name Home Address 2942 Harding Carlsbad, CA 92008 Business Address - 729-7571 434-4577 Telephone Number Telephone Number Wayne Vernon 1060-13Vale Terrace Vista, CA 92083 - 724-1342. (Attach more sheets if necessary) I/ce declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. - Agent, th:ner, Partner OIPPL&,EENr. - RMATION FORM• VARIANCE N 1) Gross Acres (or square footage, if less than acre) -6255 sq. ft. 2) Zone R-3 3) General Plan Land Use Designation 30 units per acre 4) By law a Variance may be approved ally if certain facts are found to exist Please read tse requirements carefully and explain hoi..i the proposed project rtets each of these facts. Use additicnal sheets if necessary.. a) Explain why there are excepticnal or extraordinary circumstances or ccriditials applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and ZCTLe: The City wants to put an alley adi aôent tb ou r lo whereby we b) Explain why such variance is necessary for the preservaticn and enjoyment of a substantial property right possessed by other property in the same vicinity and zcne but which is denied to the property in cjaesticn: The adjacent property owners are in need of a proper alley. There is another project before the planning staff which will reauire the same 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 located wants. d) Explain why the granting of such variance will not adversely affect ti-a copre'nensive general plan: The variance will benefit the General After rep-ding return to: City of arlsbad 120t Elm Ave. Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FILE COPY , THIS AGREEMENT is entered into this) day of ur cf 19R !, by aiid between JUNIPER BEACH LTD. (name of developer-owner) a CALIFORNIA LTD. PARTNERSHIP referred to as (Corporation, partnership, etc.) "Developer", whose address is 2942Hardirg_Street (street) Carlsbad, California 92008 , and THE CITY OF (City, state, zip code) 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 B T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 4 Unit Condominium Prolect \f't 4-MAR 80 on said Property, which development carries the proposed name JUNIPER BEACH LTD. and is hereafter referred to as "Development" and WHEREAS, Developer filed on the day of_____________ 19 , with the City a request for____________________________ (hereinafter referred to as 'Request"; and WHEREAS, the Public Facilities Element of the City teneral 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 (saia 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 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 2. V">;Z-q to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings 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 develop- merit 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 fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee 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 0 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 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 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 . .. 4 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. A1] 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 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 Nail, 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. ' qb 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 puccessors 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. • /// . • • • 6 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. CITY OF CARLSBAD, a municipal corporation of the State of California DEVELOPER-OWNER: JUNIPER (Name) By (Title) By — A. Elias = alarrnr (Title) By City Manager ATTEST: LRAUTEN(1Nz,CityCler]c APPROVED AS TO FORM: TO t946 CA (8-74) 1145URANCE - BID-- AND TRU5T STATE OF CALIFORNIA SS. COUNTY OF2' On_/l 1 before me, the undersigned. a Notary Public in and for said State, personally appeared I •-- - - _—) , -) - — '1 -- - / _known to me rL to be 'r2 of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. •, ' '• -. - - .1 / Signature (This area for official notarial seal) OFFICIAL SEAL : ('\ SUWl VANDFR3WG -;) -- tioT.ut I'JBUC - CAL;; . I_ Sii OE.O CCJITY jC ill I)) EP I t EXHIBIT "A" LEGAL DESCRIPTION Lot N in Block 2 of PALISADES UEIGHTS in the. City of Carlsbad, County of San Diego, State of California, according to the Nap thereof No. 1777, filed in the office of the County Recorder, of San Diego County, January 11, 1924 Date ,.­ '- 1CTION:__________ p C! C.\SE NO.: V329 —(iP3I APPLICANT: JUNIPER BEACH LTD. REQUEST: Overhang to property line. Posted: Prior Compliance: Published: Filed: Filed: NEGATIVE DELRTION:___________________________ Posted: . Published: Notice of Determination:________ ENVIRONMENTAL IMPACT REPORT:___________________ Notice of Notice of Notice of Preparation: Completion : Determination:__________ PLANNING COMMISSION 1. Date of Hearing: J/-(8 8/ 2. Publication:// J 3. Notice to Property Ownerst// (, 4. Resolution No. . Date: (Continued to: 5.Appeal:— ACTION: __________ CITY COUNCIL 1. Date of Hearing:........... 2. Notices to City Clerk: ______________ 3. Agenda. Bill:.................... 4. Resolution No.................... 5. Ordinance No........................ CORRESPONDENCE Staff Report to Applicant: Resolution to Applicant: . (si) 2 Ew 2L 1J Vk 111 ri- 1 j 4 Cno - -e •1 Pt (1) Pt (D pp / 7 —3 - A - - - Jr T. I Eugene Roach Architects,nA Associates Solana Beach, California $2075 714481 5501 I --4 / Eugene Roach AchkectsMannezAtA 505 Lam., Santa Fe Associates Solana Beach, California 92075 7144815501 I iT I 110ma , - - I is ~- z. lit -- :tT4 Eugene Roach Architects, Planners AIA 505 Lomas Santa Fe Associates Sol .n Bo.. C&ffomI. 92075 71415501 QUALITY ORIGINAL (S) IT 71 I I I' 1 Ui It) A I P I r a — • 1 I I • :—....V Ono IT -' 11 fl 't '• ' II <I I AM 11 U :c;: ;.5 T • .•.