HomeMy WebLinkAboutV 328; MORSE, LARRY D.; Variance (V)A Pf L IC A T I OWN vI
REQUEST
O Zone change 0 Precise Develoent Plan
• General Plan Amendment C) Specific Plan
• Tentative Tract Nap 0 Site Deve1opient Plan
o Planned Unit Develoaiient q Conditional Use Permit
o Major Condominium Permit Variance
O Minor Condominium Permit El Planning Onission Determination
0 Master Plan 0 Special Use Permit
-0 Major -Condominium Conversion::: . : ................: .. ... ::
Complete Description of project (attach additional sheets if necessary) -
Location of - j )
.. 67
C /r . .. . ............:. . :: . . ..... : . .
Legal Description (complete)
.73 . 4 .
O1'A/3/
77 f J. -,e-1. _
Zone C eral Plan
-9 -3
Eistang Land Use
Proposed Zone Proposed General Plan Site Acreage
Owner - - Applicant
Iame (Print or jpe) Name (Print or Type)
Mailing Address Mailing Address -
ST - - 034 /ia/. -
City and State Zip Telephone
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City and State Zip Telephone
Q. 372
I CER'ITFY THAT -I AM rJit- OWNER'S RE2PESENTIVE ' I CERT= THAT I AM THE LEGAL OWNER AND
THAT ALL THE ABOVE INFORMATIC IS TRUE AND THAT ML JF ABOVE INFORMATION IS THJJE
AND CORRECT '10 THE BEST OF MY KNOWLEDGE AND CORRECT '10 THE BEST OF I'1 KNOWLEDGE
SI 'lURE DATE SIGNATURE DATE
De 2½p ication Rec P ce & By Fees Pecved Beceipt W
L L__ Case n ber. - -: -:-- -, - - - - -. -
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If after the informatior ou have ubmitted has been rev , wed, it is determined
• 'that ofurther informatio required, you will be so ad
APPLICANT:
AGEN-4
D, e: /,,eró
Name (in'dividual/ partners, joint venture/corporation, syndication)
AS 77,/
Business Address
f3 -z 3
-Telephone Number
Name
I ?
- ---
Telephone Number - -
MEMBERS:*
Name ;(individual, partner, joint ITome Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home- Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We 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. -
• H• c%1z - • 2.D~—
BY
•
Agent, O•:ner,partner
3) General Plan Land Use
.1
2)
UPPLEMFNPAL INFORMATION FOI4
1) Gross Acres (or square footage, if less than acre)
4) By law a Variance may be approved mly if certain facts are found to exist.
Please read these requirements carefully and explain how the proposed
project rreets 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 intended use that do not
apply generally to the other property Or class of use. in 'the same vicinity
and zie: .
b) Explain why such variance is necessary for the preservation and
enjoyment of a substantial 'property right possessed by other property in
the same vicinity and zone ut 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
improvenprits in such vicinity and zcne in whi h the pro-1pear Ly is. looatc?d
.. .. . . . 17 .
rd
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d) Explain why the granting o such variance will not aver
cQnprehensive. generjl P1)n:
Lthe
-t ~b~ ,
IT. GENERAL BEQUIREMENTS One (1) copy of colored site plan (24"x36")
A. Site Plan: Shall include the following information: F. One (1) copy of colored elevations (24"x36") - Namd address of applicant, engineer and/or
architect, etc. One (1) copy each of 8 1/2"xll" site plan and elevations
- All easements One (1) py of 8 1/2"x11" location map (suggested scale - Dimensioned locations of:
access, both pedestrian and vehicular, showing 1:200" - vicinity maps on the site plan are not acceptable)
service areas and points of ingress and egress x Environmental Impact Assessment Form ($100) off-street parking and loading areas showing
location, number and typical dimension of spaces, Public Facility greement; 2 copies: One (1) notorized
and wheel stops. original, One (1) reproduced copy. - distances between buildings and/or structures Disclosure Statement - building setbacks (front, rear and sides)
- location, height, and materials of walls and fences Photostatic copy of deed with complete legal description of -. location of freestanding signs - all driveways to scale on adjacent and across the . subject Property or other form of description acceptable to
street properties for a distance of 100 feet beyond the Planning Director.
DTiftsosuject site.
. - existing curbs, gutters, sidewalks and existing . PropertyOwners'-List-and-Self-Adhesive-Labels
Ut needed for Site Development Plan, Special Use paving widths within 100 feet on adjacent and across Permit andMinor Condominium Permit) 1) a typewritten list of the the street properties. names and addresses of all property owners and occupants - typical street section within a 300 foot radius of the exterior boundaries of the - any existing median islands within 100 feet of property involved. The list shall include the San Diego subject site, County Assessor's parcel number for each parcel, which - nearest cross streets on both sides with p]us or shall be obtained from the latest Assessor's rolls. minus distances from subject site, 2) .m
separate copies of typewritten self-adhesive labels - location of all buildings within 100 feet of subject (four copies for condominium conversions) of the names and properties. addresses of all property owners and occupants listed. For - cinity map showing major cross streets any address other than a single family residence, apartment - a suemary table indicating the following or suite number must be included. ix Nor TYPE ASSESSOR'S information: 0 0 PA1EL NUMBER ONES, site acreage
cxst.n(.1 zone and land use ON 200 otRedju Map propórcd land use Tt needed fte Development Plan, Special Usepermit total building coverage Minor Condominium Permit). A map to scale not less building sq.-footage than 1' = 200' showing each lot within 300 feet of the percent landscaping
nOmber of spaces parking exterior boundaries of the subject property. Each of these lots shall be ccnsecutivelv numbered and correspond with sq. footage of open/recreational
. space (f applicable) the property owners list. The scale of the map may be reduced to a scale acceptable to cubic footage of storage space the Planning Director if the required scale is impractical. (if applicable)
B. Preliminary Grading and Drainage Plan (24'x36") 0. For residential projects within Vista, San Marcos,
EncinitasorsanDieguito School Districts, the alicant - existing and proposed contours on the site and within 755M indicate wnether he prefers to dedicate land for 100 feet of the boundaries of the site, school facilities, to pay a fee in lieu thereof, or do a - elevations of the site combination of these. If the appliant prefers to dedicate existing on-site trees; those to be removed and those land, be shall mggest the specific land. to e saved.
C. Preliminary Landscape and Irriqation Plan* (24"x36") r residential projects within the Carlsbad Unified School
District, the alicant shall submit-written confirmation location 6Ii€ing areas and typical pant materials that school facilities will be available and serve the (quantity and size) project at time of need, - location of areas to be irrigated
, Preliminary Title Report 0, 3uildiry_Rlcvatlons and ploor Plans* (24 11x36")
IP53r p11(15 WTth square bootaqes inc'uded Qwo Proof of sewer availability if located in the Leucadla - location attc size of storage areas County Water Distrjct. - allbuildings structures, walls and/or fences, signs lights. and exterior ALL EXHIBITS K,15.r BE FOLDED IN A SIZE NOT '10 EXCEED %
r"reco'ding return to;
ity OF. 'Carlsbad
00 Elm Ave.
ar1sbad, CA 92008
4,
FILE COPY: AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /CT day of______________
19f1 by and between
,
(name of developer-owner)
a ,hereinaftér referred to as
(Cororat.on', partnership, etc.)
)
"Developer" whose address is 3S /f
(street) L 9S7 , 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
Aveniej 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 pr oses a development project as follows:
7tILY
60
'I
on said Property, which developmen carries the pro osed name
of 7
and is hereafter referred to as "Development" and
WHEREAS, Developer filed on the Oay of_____________
19 -, 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 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 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
aret 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.
--, Imp,
• 4
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-
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 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
•Q1-sbadMunicipa1 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.
•
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
Municipa3. 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.
.
4 . 0•
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 in
writing, and shall be dated and signed by the party giving such
notke 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 .
E . ...
Nail, 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 theProperty, 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 • •
I/I • -'
6.,.
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 City Manager
ATTEST:
ALET4.A L- NZ, Cit clerk
APPROVED AS TO FORM:
-ENT F. BIONDO, JR.1. -
,City Attorney
4 •••• .. 4
O çLIFORNIA ) SS
) ,•,,.,' ...........
-day of September 81,befQre me,
aNotar)rPub1tc Stté Calorria,
sworn, personally appeazed Zary D Morse and _______, known to me to be the persor whose name 15".t the within instrument and ac1cnow1dged to me e)ecxte4 the same
"OLIC', CALIFORNIA
ENCIED
D"Imbs, 14, 110 Notary Pub
(seai)
.4
EXHIBIT "A's
LEGAL DESCRIPTION
• •' •• Z1
73/ z' h4 2 .-/
11
. 0
TITLE ORDER
a .
flLE/PCE (t r. .._1L O
RECORDED REQUEST OF Mu I!2 & JUT CO.
APR 10 9:00 AM'63
SERIES 4 BOOK 1963
OFFICIAL RECORDS
SAN DIEGO COUtJTY, CALIF. DO A. S. GRAY, RECORDER
ESCROW NO.........1F-238 Esc.
AFTER RECORDING MAIL TO
Mr. and s.Larry P.....Morse
41. Box.2.096..........................................................
Lancaster-, ..... Ca:lltorniz ---------------- * ---------- SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT DEED
By this instrument dated February 21, 1963 for a valuable consideration,
PEGGY B. MORROW, a married woman and MARY JANE BURGETT, a married woman
hereby GRANTS to
LARRY D. MORSE and SARANNE C. MORSE, husband and wife, as Joint Tenants
The following described Real Property in the Slate of California, County of San Diego.
The Northeasterly 73 feet of Lot B, Block 2 of PALASADES HEIGHTS,
according to the Map thereof No. 1777, filed in the Office of
the County Recorder January 11, 1924.
Affix
IRS
$ 0 j
• . . P !Fk -'
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. STATE OF CALIFORNIA
}
COUNTY OF t~2 S5.
On 62;z7.o.5 before me,
the undersigned, a Notary Public in and for said County and State
personally appeared
- " Peggy P Morrow
.................
known to me Id 'be' the personj.) whose name(.) is/am subscribed Mary Jai1i
to the wfhir.inaftument, a&d acknowledged to me that h.'she/they
exetufed the same. -
WITNESS my hand ndOfficial seal,
(Seal) (Individual) ..._..
Fred B. Kiarer / STATE OF CALIFORNIA
.................. I COUNTY OF Los Angeles
Notary Public
AOn March 2nri .l93 before me, the under-
YLomrnission Expires August 11, 193 I signed, a Notary Public in and for said County and State, personally
appealed
MARY JANE BURGL.TT
0-LT.6I I I
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UI
known to me
to be the person __.._wliose name 1S subscribed to the within
instrument .and acknoh')eaged that she executed the same.
' WITNESS hjL-ndoIIieiai seaL—_'2
Signati
523 6.60 .. Name fTyped or Printed)
Notary Public in and or said County and State
Tuy Co:sr:c:i Tprcs Pirtl 23, 1
'me 1, 1
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CITY Oi CARLSBAD
PALISADES HEIGHTS BLKS I&2
MAP 1777
SCALE IIN. 50 FT.
CASE NO.: V-328 DATE RECEIVED: 10-6-81
APPLICANT : MORSE, Larry D.
REQUEST: 5' setback instead of 10'
Posted: Compliance:
Filed: Filed:
NEGATIVE DECLPRZTION:__________________________
Posted: Notice of Determination:________
ENVIRONMENTAL IMPACT REPORT:__________________
Notice of Notice of Notice of
Preparation: Determination:___________
PLANNING CO4MISSION
1. Date of Hearing:// -/ g - I
2. Publication:./1- -7 8
3. Notice to Property Owners:_'- -
4. Resolution No. I_88
(Continued to:__________________________
5. Appeal:
Date: Z1- ACTION:
1. Date of Hearing:—
2. Notices to City Clk ................. .
3. Agenda Bill: ..........
4. Resolution No .....Date:
5. Ordinance NO ..................Date:
[WOR9 110
Staff Report to Applicant:
Resolution to Applicant:
ACTION:__________
• ____
EXISTING. EXISTI 4G
RESIDENCE GAA-E
26 ,
73*
•: • -
32'
42 1
27' 1
•?
:J
•.:,
SIDEWALK
6' GRASS i I
21 1
73'
$'ZT/f /I,4iV E -&ruo(
ONER & EUILiJ±R
LARRY D. MORSE
3639 GARFIiiLD ST.
CARLSIiAD, CA.
iLOT PlAN LOT SIZE 3803 Sq. ft.
Scale 1 /4 11-4' zXlSTihG
hOUS & GARAGE 1048 Sq. ft.
180 Sa. ft.
TOTAL 1228 Sq. ft.
-- 2.9O
____ 30' 1_12.' 14 1 9 11_4
H' 20 '6"
1
*6 11
18* GARFIELD STREET
I
OwNER& BUILDER
LARRY B. MORSE
3639 GARFIELD ST.
CARLSBAD, CA.
J , J, , L.
20 '6"
26
I
73'
27'
ADDI T 10
EXISTING EXIST
RESIDENCE GA RAG
32 jio_L
42 1
DRIVE
WA
PLOT PLAN LOT SIZE 3803 Sq. ft.
Scale 1/4 -4 1 EXISTING
HOUSE & GARAGE 1048 Sq. ft.
ADDITION 180 Sa. ft.
TOTAL 1228 Sq. ft.
- 52 • 9 O.—--
30 12' 19H
ij:6 11
2'
73 1
5 ,
Ci+y of Crkbd
ptarrg
C'
-----------
52.90
flTT'.tttTth 1 Tt
6' GRASS
18' GARFIELD STREET
OWNER & BUILDER
LARRY D. NORSE
3639 GARFIELD ST.
CARLSi3AD, CA.
PLOT PLAN LOT SIZE 3803 Sq. ft.
Scale l/L-L' EXISTING
hOUSE & GARAGE 1048 Sq. ft.
ADDITION 180 So. ft.
TOTAL 1228 Sq. ft.
- -52.90
____ 30' .-12' L191_j
Ic
[ADDITIO20'6"
Ti
11 1 6 11
26'
73 ,
27'
EXISTING EXISTI G
RESIDENCE GARAGE
32 10'
L2' I -I
,DRIVE
WA(
I I
73 ,
I'.
C.
-1 .---.-- 15290 I
5 , - L.!PjK
6' GRASS
18' GARFIELD STREET
LOCATION MAP
36
Ap
105
N
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CASE NO.V 328
APPLncTMORSi VICINITY MAP
- .-"- ---.:-.-= S ?/4 1t "'d EL it 's _
-
OWNER & BUILDER 1LOT PIN LOT SIZE 3803 Sq. ft.
LARRY D. MORSE Scale l/L-L) EXISTING 3639 GARFIELD ST. HOUSE & GARAGE 1048 Sq. ft.
CARLSD, CA. ADDITION 180 Sq. ft.
TOTAL 1228 Sq. ft.
52.90-
30'
j
C
20'6"
I
26 ,
73 ,
27'
ADDI T 10
EXISTING STI
RESIDENCE
• 32' io'_L
L2' I -I
1DRIVE
'WAr I
L.. 44
SIDEWALK
ii 6"
2'
73 1
• 5 ,
6' GRASS p
i8' GARFIELD STREET
OWNER & BUILDER FLOOR PLAN
LARRY D. MORSE Scale Size 1/411 -2'
3639 GARFIELD ST.
CARLSBAD CA.
0 to
j
BATH I BED
DINNING j ROOM I ROOM
ROOM
KITCHEN J
WARDROBE
EXISTING HOUSE WARDROBE
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-
ADDITION
FAMILY
ROOM 1 t
/
1 I
EXISTING
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LIVING
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SL < J4"-4"
-
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WE$7 ELEVA7)otv
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EAST ELEVATIOIV
I 1 - NORD E/EVAT'°
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OWNER & BUILDER
LARRY D. MORSE
3639 GARFIELDST.
CARLSBAD, CA.
ELEVATIONS
Scale l/L"-'
--1
A\.j rn Do
FAMILY ROOM ADDITION
Lb" Cement Slab Floor
1/ 12
MAIN FLOOR PLAN
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South haevation
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