HomeMy WebLinkAboutV 330; PLUMB CONSTRUCTION; Variance (V) (7))00"1
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-AP L I C A T I GIN
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p I
REQUEST
O Zone Change 0 Precise Develonent Plan
O General Plan Amendment C] Specific Plan
O Tentative Tract Nap 0 Site Develoent Plan
o Planned Unit Development 0 Conditional Use Permit
• Major Condominium Permit Variance
• Minor Condominium Permit 0 Planning Cccmission Determination
• Master Plan 0 Special Use Permit
O.Major Condaninium Conversion::.
Complete Description of project (attach additional sheets if necessary)
Con rudio of
Location of Project
.s ,15io....
Legal Descripion (complete)
L+ g T\tbIAJ .4 . _
...... .......
TAssesscrs Parcel imbar
:
Zone General Plan Eistibq Land Use
. d2L.
Proposed Zone Proposed General Plan - Site Acreage
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Owner - •V jpplicant__..
Name (Print orType) Name (Print or 'I'pe)
YYr. + rAr. ieAs . . F1 .m- b hudtol1..
Mailing Address Nailing Address
'6-22. N e-ti or4 A . . 4 D..
VCity and State Zip Telephone City and State Zip Telephone
C&... 730-5,2 , .
I CERTIF! THAT I AM THE LEGAL OWNER AND I CER'IT( THAT I AM THE OWNER'S REPBESENTIVE
THAT ALL THE ABOVE INFORMATION, IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT W THE BEST OF MY KNOWLEDGE AND CORRECT TO THE BEST OF MY KNOWLEDGE
IGNATIJRE DATE SIGNATURE DATE
Date Applioa 'on Rc 'd ..R Fe Received Receiptb
L I Date Al.ct on Receav4 (S f Asigned . . Case Nun'ber
- V 330
Zf after tbe informaton you have submitted has bee viewed, it is detertiined
that further informa a is required, you will be s vised.
APP LICT: 4AJJ5
Name (individual, partnership,.. joint venture, corporation., syndication)
Ad\1t CL (-910
Business Address
- '1-L 52 •1 _±.±i.
Telephone Number .
AGE
Name
2t 2,i
Business Address
- Telephone Number -•
.11,1 T3fl flet -
Name (individual, partner, joint . Home Address
-venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Home Address
r - p
Business Aress 1 .
..
TPJ .-:.. .- -, .-'- . ... - Telephone Number -..
ix
- . .
• ———.- -
(Attach more xore sneets if necessary)
- I/ye deiQla±4 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,,. - - •
plicant -
- - Agent, Owner, Partner -. .
.cuPPLEMErrAL INFORMATION FORM
V VARIANCE
1) Gross Acres (or square footage, if less than acre)
2) Zone ,/ V
3) General Plan Land Use Designation 7
4) By law a Variance may be approved aily if certain facts are found to exist
Please read these requirements carefully and explain how the proposed
project meets each of these facts. Use additional sheets if necessary.
a) Explain why there are exceptional or extraordinary' circuw.stances or
conditions applicable to the property or to the intended use that do not
apply 'generally 0 tle other PrdPertY or clas& of use ir2 same vicinity
and zcxi
/ 7M, /J; I /1 ' :1.1. , - ,V
b) Explain why such variance is necessary for the preservation and
enjoyment of a substaitial -property right possessed by other property in
Una same vicinity and =7 but vfnichen 4 ed to the prop5ty in question:
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c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to -the property or
d) Exlairi why the granting of such variance will not adversely effect the
cortpre)ens en ive g9.l 9 ,,1
Is
•1 . - ..... ..
TITLE 77-124979 IOEE . FILEIPAOE BOOK 1977
EscRow NO. JL.Q... RECORDED REQUEST OF FIRST CALIFORNIA TITLE CO. r
AFflR RECORDING MAIL TO (PR 6 8:00 AM'77
_Tqq§x_kqna1d W. and Patricia L.. SAN DIEGO COUNTY. CALIF.
18413. Serrano HARLEY F. BLOOM
RECORDER
. . I.!
SPACE MOVE FOR RECORDEEI USE ONLY
0 TaAsn1 TAX
IIarn.*Y P. *LbOa Ssceost OCCUMBTA V SSANS R TAX $_24.75
0 COMP 1€ ON FU I VALUE OF PROPERTY CON-
ED N I. VALUE LESS LIENS &ENCIJM:
N IME OF SALE,
California Fiat Rank —
Unincorporated Area Q Cl I_________________
Grant Deed PARCEL NO: 213 460 21 C
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE HAYDEN COMPANY, a Texas Corporation
.
hereby GRANT(S) to RONALD U. WEISS and PATRICIA L. WEISS,
husband and wife as joint tenants
the following described real property in the .
Counly of San Diego . State of California: . .
Lot 681 of LA COSTA MEADOWS UNIT NO. 4 in the County of San Diego, State of .
California, according to lisp thereof No. 7367 filed in the Office of the County
Recorder July 19, 1972.
EXCEPTING from that portion of said lot lying within the East 1/2 of the
( , Southeast 1/4 of Section 25, Township 14 South, Range 4 West, a 1/16th of all
coal, oil, gas and other mineral deposits as reserved by the State of
California in patent recorded April 22, 1954 in Book 5212 Page 490 of Official
Records. The right to the use of the surface including its right to enter
such land to a depth of 500 feet below the surface was released and was quit-
claimed by the State of California to La Costa Land Company by document recorded
June 30, 1971 as file/page no, 141047.
Dated March 15, 1977 THE
Texas. .. L
—' 'UNTY OF Dallas March Z3, I9TL .. ,.. ... ._.._.
ration) ___
STATE OF O.6*AEeMNM Texas STAMP
COUNTY OF_Dallas_f SS
o March _23._1977 before me, the uden,leed, a Notary Public In and for ,aid
Stale, peannatty appeared John P.Thompson,
aa known to toe to be the Pce'ldent, and
known to ore to be - Seoretary of the corporatIon that enectued the within lntromet. I /, known to on to he the per0001 whn executed the within • I
tn.trunrrot on trehaf I of the corporation therein corned, and '
arkoowleilperl to toe that noch corporation executed the within
toatromrnl poanant to ha bylaw, or a reaoktttna of it. board j
MaryLloyd a '
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N.ms (Typed or PnI*tod)
Vila, t
___
I
SPIN!
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---124972 -. ... -
TITLE ORDET NO.T. 3Y? FILE/PACE NO.
8004 1971
ESCROW NO 22 3529 RECORDED REQUEST OF
FIRST CALIFORNIA TITLE CO.
AFTER RECORDING MAIL TO APR 0 8:00AM77
OFFICIAL RECORDS WEISS Ronald V. and Patricia L SAN DIEGO COU'ITY, CALIF. — HARLEY F. BLOOM 18411 Serrano . RECORDER
Y.i1.1a...Par1 ....ça.
SPACE MOVE FOR RECORDER'S USE ONLY
'NSVE, TAX M NARLtT P. ELOOb% stoconots DOCLJI.IE TA Y TRANS R TAX S.. '.1L...... - —
O
C."
,...TB ON PU L VALUE OF PROPERY CON. VEVED OR
X COUP ED N L VALUE LESS LIENS & ENCUM- B NC M (' r N ME OF SALE. BY_ CaI,fo,n F,i Sank
Un.ncorponaiod Are, 0 Cd I__________________
DdrARcEL 213 66021
FOR A VALLAIILF. CONSIDERATION, receipt of 'hh in hereby ichnon.kdged. -
THE HAYDEN COMPANY, a Texas Corporation
Iwrrhv CHANT(S) to RONALD V. WEISS and PATRICIA L. WEISS,
husband and wife as joint tenants
the fIInainp de'crtbc,l real properly in the
Coontc of San Diego . State of CaI,fornia:
Lot 681 of LA COSTA MEADOWS UNIT NO. 4 in the County of San Diego, State of
California, according to Map thereof No, 7367 filed in the Office of the County
Recorder July 19, 1972.
EXCEPTING from that portion of said lot lying within the East 1/2 of the
Southeast 1/4 of Section 25, Township 14 South, Range 4 West, a 1/16th of all
coal, oil, gas and other mineral deposits as reserved by the State of
California in patent reorded April 22, 1954 in Book 5212 Page 490 of Official
Records. The right to the use of the surface including its right to enter
such land to a depth of 500 feet below the surface wag released and was quit-
claimed by the State of California to La Costa Land Company by document recorded
June 30, 1971 as file/page no. 141047,
Dated March 15, 1977 ..iHE HAYDEN COMPANY
STATE OF A'RYA Texas
COUNTY OF Dallas SS. -,a
March 23, 1 1)i I roe. the - d-sic-d.
• ni,t, PulI,c an md In, ,.id c,un,y and Stile. pnon.IIj John P. Thompson
FOR NOTARY SEAL OR STAMP
I. be TI,, pero.n _nknne n.n.._.,......,_.,ub,cn;bed in she within
'd I at c tienatted ,h. smug. ?.A...I,dX, .
. .,
hint. lTypd me I',n.ted) / il...I, I ,
in foe CnosTy State .nd istd m.d . 4' N.tsey PuNt
VAIL TAX same as above Ia c.o'I I
E.NTSTO Na." Ztre,t b
CIt, 10/75 — — - .-.------ —
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After r ecording return to
City of' Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
S CøP7
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into thisday of______________
19, by and between
Bo mb , (-ws .\-ru c; LOt
(Name of Developer)
a Cur 0 r CJ1 0 e\`
(Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
(Street)
(City, state, zip code)
and W \AJeic~
(Name of Legal Owner)
(Corporation, etc.)
hereinafter referred to as "Owner" whose address is
322- . '
(Street)
Th ) C
(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.
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
4 MAR eO ' •,; V-330
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
on said Property, which development carries the proposed name of
and is
hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of_____________
• 19 _, with the City a request for
\J-330
(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 incorporated by this reference);-and
- WHEREAS, Developer, Owner 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'5 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 and Owner have 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
2 .
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Developer and Owner are aware that the City cannot and will not,be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner 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 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. 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 and Owner 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
3.
.
.
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
the development is intended. Developer and Owner shall pay to
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 Lee 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 and Owner 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 and
Owner offer 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
4.
I .
City's General Plan. If the feeis 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- and Owner 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 and Owner 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,
5.
S
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
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or. at such other 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, Owner and the City, and references to Developer,
Owner 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
beve loper s obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate; .
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has
first assumed the obligations of Owner in yiriting in a form
n.j.
MA
6.
acceptable to City.
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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
)1
3
By
/iimJ lt4,ns4iz,s
Title 7
Title
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
CITY OF CARLSBAD, a municipal
corporation of the State of California
By
City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must
be attached.) -
7.;
acceptable to City.
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.
WHEREOF, this agreement is executed in San Diego
STATE OF CALIFORNIA
' COUNTY OF ORANGE
C
.ofl__g.cjiI-J198]
before me, the 'sndersigned, a Notary Public in and for u
a said State, personally appeared_ Ronald W. t'eiss and
Patricia L, weiss C U
r
known to me to be the person S whose name __.. C
'
subscribed to the within instrument and acknowledged to me they
that executed the same OFFICIAL SEAL WITNESS 0C0l)
my hand an Icial eal.
COUT(
'"'
ALBERT ID BERGQUIS
N
TT
OTARY PUBLIC CAUFOR E
Signature
My Comm. expirc3 JUN 24, 1983
51
ALBERT D. BE
Name (Typed or Printed)
ALETHA L. RAUTENKRNZ,
City Clerk
municipal
(This area for oftIcaI notarial seal) ftate of California
-
By
City Manager
rib'
APPROVED AS TO FORM:
TO 1944 CA (8-74)
(Individual). .TlT1€ INSURANCE
AND TRUST
STATE OF CALIFORNIA
COUNTY OF SAN IEG DO }
SS. AcoR COMPANY
On_N TENBER5.,_t981 before me, the undersigned, a Notary Public in and for said R must State, personally appeared JAN C. PLUMB****
W
W X
W .4 0.
11
Signature M Is 'Ii~
(This area for official notarial seal)
known to me
to be the person _.whose name issubscribed
to the within instrument and acknowledged that he
executed the same.
WITNESS my hand and official seal.
OFFiCIAL SEAL
MILUS S BONKER
lJ'ia,.Ai.P NOTARY PUBLIC - CALIFORNIA.
SAN DIEGO COtIN1Y
"-'" My comm. expires FEB 22, 1985
,-O-.c7s,
-
$
CASE NO.: V-330 DATE RECEIVED: 11-5-81
APPLICANT: PLUMB CONSTRUCTION ç.
REQJEST: Fence in excess of 42' front setback
EXE4PT OR EXCEPTED: 1("7( ç ôô( b) (a) , -I
Posted: .......Prior O3lnpliánce: Published:
Filed: . Filed:
NEGATIVE DECLARATION:__________________________ 1
Posted: . Published: of Deteriiination:_______
4
ENVIRONMENTAL IMPACT REPORT:. . ... . .
Notice of Notice of wrtice of
Preparation: Deterthation:______
PLANNING OJNMISSION
1. Date of Hearing 22
2. Publication: JZ/Z.-1
3. Notice to Property Owners.;--/2
4. Resolution NOe _/V1 9
(Continued to:.................
5. 222 22222
CITY COUNCIL
1. Date of Hearing ..........
2. Notices to City C1erk_............
3. Agenda Bill: ....................
4. Resolution No..................
5. Ordinance Nc)....................
Ji4(SI
Staff Report to App1icant:jt ->LJ
Resolution to Applicant:
Date :j PCTION e o RJ
Date: ACTION:
Date: ......
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