HomeMy WebLinkAbout1981-07-07; City Council; 6654; 8 Lot Tentativel Map & Planned Unit DevelopmentAGENDA BILL
INITIAL; BH:ar
AGENDA BILL NO: (0foQ J' DEPT. HD.
DATE: JULY 7, 1981 CTY. ATTY.
DEPARTMENT: PLANNING CTY. MGR.
Q)t7^
SUBJECT: 8 LOT TENTATIVE TRACT MAP AND 5 UNIT PLANNED UNIT DEVELOPMENT
CASE NO: CT 80-46/PUD-27 APPLICANT: SWAB
STATEMENT OF THE MATTER:
This item is a request for an eight lot tentative tract map and 5 unit planned
unit development located on the east side of Highland Drive between Elm Avenue
and Elmwood Drive in the R-1-10,000 zone. Two of the lots have existing single
family residences, three will be developed as single family residences in the
future and the remaining three lots would consist of a common driveway,
recreation facility and recreational vehicle parking space.
The applicant was dissatisfied with the Planned Unit Development Ordinance
requirement for a common recreation facility. As a compromise, the Planning
Commission allowed the landscaping on the site to be used as a 50% credit to
count towards meeting recreation requirements. No other problems were found
with the project.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any
significant environmental impacts and, therefore, has issued a Negative
Declaration, dated May 14, 1981, which was approved by the Planning Commission
on June 10, 1981. A copy of the environmental documents is on file in the
Planning Department.
FISCAL IMPACT
The applicant will provide all required public improvements to the project.
Also, the applicant has agreed to pay a public facilities fee to offset the
costs of providing all other public services.
RECOMMENDATION
Both the Planning Staff and Planning Commission recommend that this application
be APPROVED and that the City Attorney be directed to prepare documents
APPROVING CT 80-46/PUD-27, per Planning Commission Resolution Nos: 1815 & 1816.
ATTACHMENTS
1) PC Resolution Nos: 1815 & 1816
2) Staff Report dated, June 10, 1981
COUNCIL ACTION:
7-7-81 Council directed the Attorney to prepare documents approving CT 80-46/PUD-27,
per Planning Cocmission Resolutions No. 1815 and 1816.
1 PLANNING COMMISSION RESOLUTION NO. 1815
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA,' RECOMMENDING APPROVAL OF A
3 TENTATIVE SUBDIVISION MAP TO CREATE FIVE SINGLE-FAMILY
LOTS AND THREE COMMON LOTS ON PROPERTY GENERALLY LOCATED
4 ON THE EAST SIDE OF HIGHLAND DRIVE BETWEEN ELM AVENUE
AND ELMWOOD DRIVE.
5 APPLICANT: SWAB
CASE NO: CT 80-466 • ;
7 WHEREAS, a verified application for certain property to
8 wit:
9 That portion of Tract 121 according to Map No. 1661 filed
March 1, 1915
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has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
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WHEREAS, said verified application constitutes a request a
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provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 10th day of
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June, 1981, hold a duly noticed public hearing as prescribed by law
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to consider said request; and
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WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map and Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning(*>& . •
Commission as follows:
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A) That the above recitations are true and correct.
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B) That based on the evidence presented at public hearing, the
25 Commission recommends APPROVAL of CT 80-46, based on the
following findings and subject to the following conditions:
26
Findings:
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1) The proposed tentative map is consistent with the city's genera!
28 plan since the site is designated by the land use element for
residential low-medium density and, as conditioned, the project
is consistent with all other general plan elements.
2) The site is physically suitable for the type of development sin'
the site is adequate in size and topography to accommodate the
project without creating any significant environmental impacts.
3) The design of the subdivision will not cause any serious health
problems since the project meets all public health
requirements.
4) The project is consistent with all city public facility policie
and ordinances since:
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a. Adequate water, gas and electric service will be available
7 to serve the development.
8 b. All necessary-public improvements will either be provided
or required as conditions of approval.
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The applicant has agreed and.is required by the inclusion
10 of an appropriate condition to pay a public facilities fee
Performance of that contract and payment of the fee will
11 enable this body to find that all other public facilities
will be available concurrent with need as required by the
12 general plan
13 d. School facilities will be available to serve the project,
per letter from the Carlsbad Unified School District, date
14 October 30, 1980, on file in the Planning Department.
15 5) The project will not cause any significant environmental impact
and a Negative Declaration has been issued by the Planning
16 Director on May 14, 1981, and approved by the Planning
Commission on June 10, 1981.
17
General Conditions:
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1) Approval is granted for CT 80-46, as shown on Exhibit(s) A and
19 B, dated November 13, 1980, incorporated by reference and on
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
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2) This project is approved upon the express condition that the
22 final map shall not be approved unless the City Council finds a
of the time of such approval that sewer service is available to
23 serve the subdivision.
24 3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City
25 Council Policy No. 17, dated August 29, 1979, on file with the
City Clerk and incorporated herein by reference, and according
26 to the agreement executed by the applicant for payment of said
fee a copy of that agreement dated November 12, 1980, is on fil
27 with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will not be
28 consistent with the General Plan, and approval for this project
shall be void.
:e
X 4) The applicant shall pay park-in-lieu fees to the city, prior tp
the approval of the final map as required by Chapter 20.44 of
2 the Carlsbad Municipal Code.
3 5) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable city
4 ordinances in effect at time of building permit issuance.
5 6) Approval of this tentative tract map shall expire eighteen
months from the date of City Council approval unless a final
6 ' is recorded. An extension may be requested by the applicant.
Said extension shall be approved or denied at the discretion o
7 the City Council. In approving an extension, the City Council
may impose new conditions and may revise existing conditions.
8
Engineering Conditions;
9
7) This project is approved upon the express condition that
10 | building permits will not be issued for development of the
subject property unless the City Engineer determines that sewe
11 capacity is available at the time of application for such
permits and will continue to be available until time of
12 occupancy. This note shall be placed on the final map.
13 8) The developer shall enter into a lien contract for the future
improvement of a half street width of Highland Drive along the
14 subdivision frontage prior to approval of the final map.
15 9) No lot in this subdivision may be further subdivided. This no^e
shall be placed on the final map.
16
10) The private driveway and all common lots shall be maintained b
17 the homeowner's association. This responsibility shall be
clearly stated in the CC&R'S as required by a condition of
18 approval of PUD-27, Resolution No. 1816.
19 11) All residential lots in this project shall derive sole access
from the private driveway. A note to this effect shall be
20 placed on the final map.
21 12) The private driveway shall be a minimum of 20 feet wide for a
minimum distance of 20 feet from the right-of-way line before
22 tapering to 14 feet.
23 13) The common private driveway shall be paved with a minimum 2 inch
hot asphalt concrete overlay prior to the occupancy of any
24 additional units. Areas to be widened shall have a minimum
structural section of 4 inch aggregate base and 2 inches of
25 asphalt concrete.
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PC RESO 11815 _3_
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the Fire Department.
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15) The private driveway shall be kept clear of parked vehicle.s at
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Fire Department;
14) A fire hydrant shall be provided at a location to be approved
all times and shall have posted "No Parking/Fire Lane/Tow Away
Zone" according to the requirements of Section 17.04.040 of th
Municipal Code.
'16) A street name shall be approved and posted for the private
driveway and all lots shall be addressed on the approved stree
name.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on tie
10th day of June, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose, Friestedt, and L'Heureux.
NOES: .None.
ABSENT: None.
ABSTAIN: None.
ATTEST: V
MARY MARCUS, Chairman
CARLSBAD/ PLANNING .COMMISSION
JAMES"C.HAGAMftNT/Sgcrotary
/CARLSBAD PLANNING COMMISSION
PC RESO #1815 -4-
3,4.
1 PLANNING COMMISSION RESOLUTION NO. 1816
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA," RECOMMENDING APPROVAL OF A
3 PLANNED UNIT DEVELOPMENT TO CREATE 5 SINGLE FAMILY LOTS
AND THREE COMMON LOTS ON PROPERTY GENERALLY LOCATED ON .
4 THE EAST SIDE OF HIGHLAND DRIVE BETWEEN ELM AVENUE AND
ELMWOOD DRIVE.
5 APPLICANT: SWAB
CASE NO; PUD-27
6 '
7 WHEREAS, a verified application for certain property, to wit:
8
That portion of Tract 121 according to Map No. 1661 filed March
9 1, 1915
10 has been filed with the city of Carlsbad, and referred to the
11 Planning Commission; and
12 WHEREAS, said verified application constitutes a request as
13 provided by Title 21 of the Carlsbad Municipal Code; and
14 WHEREAS, the Planning Commission did, on the 10th day of June,
15 1981, hold a duly noticed public hearing as prescribed by law to
16 consider said request; and
17 WHEREAS, at said public hearing, upon hearing and considering
18 all testimony and arguments, if any, of all persons desiring to ,be
19 heard, said Commission considered all factors relating to the
20 Planned Unit Development; .and
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
22 as follows: *
23 A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hearing the
Commission recommends APPROVAL of PUD-27, based on the following
25 findings and subject to the following conditions:
26 Findings;
27 1) The proposed residential development at the subject location is
desirable to provide a comprehensively and imaginatively
28 designed project which will contribute to the general well beinc
of the community.
1 2) The proposed development is not detrimental to the health,
safety or general welfare of persons residing in the same
2 "vicinity, nor would the prqject be injurious to property or
improvements in this area.
3
3) As conditioned, all design criteria and development standards
4 the Planned Unit Development Ordinance are met by this project
5 4) The proposed project is consistent with all elements of the
General Plan.
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5) The applicant has agreed and is required by the inclusion of an
7 appropriate condition to pay a public facilities fee.
Performance of that contract and payment of the fee will enabl
8 this body to find that public facilities will be available
concurrent with need as required by the General Plan..
9
6) The project will not cause any significant environmental impacts
10 and a Negative Declaration has been issued by the Planning
Director dated May 14, 1981, and approved by the Planning
11 Commission on June 10, 1981.
12 7) That the landscaping and views provided by this lot constitute
special feature and qualify as credit for meeting open
13 recreational requirements as provided in the Planned Unit
Development Ordinance.
14
General Conditions;
15
1) Approval is granted for.PUD-27, as shown on Exhibit(s) A and B
16 dated November 13, 1980, incorporated by reference and on file
in the Planning Department. Development shall occur
17 substantially as shown unless otherwise noted in these
conditions.
18
2) This project is approved upon the express condition that
19 building permits will not be issued for development of the
subject property unless the City Engineer determines that sewe:~
20 facilities are available at the time of application for such
sewer permits and will continue to be available until time of
21 occupancy.
22 3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit
23 Council Policy No. 17, dated August 29, 1979, on file with the
City Clerk and incorporated herein by reference, and according
24 to the agreement executed by the applicant for payment of said
fee a copy of that agreement dated November 12, 1980, is on fi
25 with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will not be
26 consistent with the General Plan and approval for this project
shall be void.
27
4) Approval of this request shall not excuse compliance with all
28 sections of the Zoning Ordinance and all other applicable city
ordinances in effect at time of building permit issuance.
PC RESO #1816 -2-
1 5) All conditions of approval of Resolution No. 1815, for CT 80-4
are hereby incorporated by reference and shall be complied witji
2 .in their entirety.
Planning Conditions;
4 6) Prior to the issuance of building permits, the applicant shall
submit a final Planned Unit Development Plan, incorporating al .
5 changes required herein, for the approval of the Planning
Director.
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7) The applicant shall establish a homeowner's association and
7 corresponding covenants, conditions and restrictions. Said
CC&R'S shall be submitted to and approved by the Planning
8 Department prior to final map approval.
9 8) The applicant shall prepare a detailed landscape and irrigatio:
plan which shall be submitted to and approved by the Planning
10 Director prior to the issuance of building permits .
11 9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
12
10) The applicant shall install the recreation facilities on the
13 common recreation lot prior to final occupancy of the last uni
of this subdivision. The recreation facilities must comply wil:h
the provisions of the Planned Unit Development Ordinance in
effect at the time of final occupancy of the last unit.
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11) The applicant shall screen the storage area with a view-
16 obscuring fence and landscaping. This fence and landscaping
shall be installed prior to issuance of a building permit on ai|y
lot in this project.
18 Engineering Conditions;
19 12) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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13) The developer shall comply with all the rules, regulations and
21 design requirements of the respective sewer and water agencies
regarding services to the project.
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14) The applicant shall widen the pavement of the private driveway
23 a minimum width of 14 '. The driveway shall be widened prior t
final occupancy of any lot in this project.
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15) All residential lots in this project shall derive sole access
25 from the private driveway. A note to this effect shall be
placed on the final plan.
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PC RESO #1816 " -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on th
10th day of June, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose, Friestedt and L'Heureux.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
MARY
CARLSI
US, Chairman
PLANNING COMMISSION
S "C .TiAGAMAN, Se^r'etaary
/CARLSBAD PLANNING^COMMjPsSION
PC RESO #1816
STAFF REPORT
DATE: . June 10, 1981
TO: Plannning Commission
F.ROM: Planning Department
SUBJECT: CT 80-46/PUD-27, SWAB - Request for approval of a
Tentative Subdivision Map and Planned Unit Development
to create five single-family lots on the east side of
Highland Drive between Elm Avenue and Elmwood Drive in
the R-l-10,000 zone.
I. PROJECT DESCRIPTION
The applicant is requesting approval of a Tentative Subdivision
Map and Planned Unit Development to create five single-family
lots, and 3 common lots, located, as described above. The
requested 1.36 acre subdivision would provide separate lots for
the two existing single-family homes. The three remaining lots
would be reserved for future single-family development.
The applicant proposes to create three additional lots for
common ownership and maintenance. As shown on'Exhibit A, these
would include a common driveway lot, a storage lot and a lot for
recreation area..
II. ANALYSIS
Planning Issues
1. Is the site physically suitable for the type and
density of proposed development?
2. Does the development satisfy all design criteria and
development standards required by the- PUD Ordinance?
III. DISCUSSION
The purpose of a Planned Unit Development is to facilitate the
development of comprehensively planned projects, emphasizing
imaginative and innovative design by utilizing the natural
features of the site. The subject property is a heavily
landscaped lot sloping upward from Highland Drive providing an
ocean view. The palm-lined driveway, as shown on Exhibit A, is
existing to serve the two homes.
The 1.36 acre property is suitable in size and shape to
accommodate the type and density of the proposed development.
Applying the flexibility of the Planned Unit Development
Ordinance, the applicant is proposing to utilize the existing
driveway, thereby creating irregularly shaped lots and preserving
landscaping. The driveway is below the standard right-of-way
width serving Planned Unit Developments of this size. Staff,
however, believes that the driveway, paved to a minimum width of
14' will be adequate to service this development. Although the
Fire Department indicated that a wider driveway would be
desirable, they felt 14 ft. would be acceptable if the driveway
is posted with no parking signs and widened at the entrance.
Staff also believes that the resulting lots, for future
construction, should be suitable for compatible development
permitted in the R-l zonev
The project, as proposed, satisfies all development standards of
the Planned Unit Development Ordinance, except for
open/recreation space requirements. Both existing homes and the
indicated locations of proposed garage structures would observe
required setbacks. Required resident parking would be provided
in- these garages. Ample area would exist in the proposed and
existing driveways to accommodate guest parking. Storage space
would be provided in a common lot. Staff does not believe
however, that the project meets useable open space requirement.
A development of this size and density would require a provision
of 3000 square feet of common open space. Examples, given by
the.ordinance, of amenities to be provided for recreation areas
include swimming pools, tennis courts, children's playgrounds
and picnic areas. Section 21.45.120(9)(B) of the Planned Unit
Development Ordinance makes the following provision regarding
useable open space:
"The City Council may require the preservation of
scenic natural features such as rock outcroppings,
creeks, wooded areas, vistas or other features deemed
worthy of preservation. Credit for the usable open
space requirement may be given on an equal ratio up to
fifty percent of the requirement."
The applicant is requesting this 50% credit for preserving the
mature palm trees which presently line the driveway. The
balance of the recreation area would be provided in a common
lot. This area would include a patio and gazebo. Staff does
not feel that the palm trees satisfy the intent of either this
provision or the requirement for recreational area. While staff
considers the trees a desirable feature of the site, it is not
felt that they can be enjoyed in the same fasion as a useable
recreation facility.
It is in utilizing the flexibility of the Planned Unit
Development Ordinance that a subdivision could be created using
the alignment of the existing driveway and saving these trees.
-2-
v
In exchange for this flexibility, the Ordinance requires
provision of extra amenities for these-developments. Recreation
area is one of the most significant of these amenities and one
which staff feels should not be traded for space which cannot be
similarly enjoyed. Staff has, therefore, recommended, as a
condition of approval, that this space be increased to 3,000
sq.ft, to comply with the Planned Unit Development Ordinance.
With this condition, staff believes that the project will comply
with all other development standards of the Ordinance.
The proposed subdivision relates well to the natural features of
the lot, topography, landscaping and views. The proposed lots
are large with adequate open space and' landscaping. With the
added condition to provide additional common recreation area,
the project will satisfy all applicable design criteria.
CCScR'S (Covenants, Conditions and Restrictions) have been
drafted by the applicant, and will be reviewed and approved by
the Planning Director to ensure the compliance to the design
criteria and development standards of the Planned Unit
Development Ordinance of future development.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the project will not
have a significant impact on the environment, and therefore, has
issued a Negative Declaration on May 14, 1981.
V. RECOMMENDATION
It is recommended that the Planning Commission approve the
Negative Declaration issued by the Planning Director and APPROVE
Resolution Nos. 1815 and 1816, recommending APPROVAL of CT
80-46/PUD-27, based on the findings and subject to the conditions
contained therein.
ATTACHMENTS
1) Resolution Nos: 1815 and 1816
2) . Location Map
3) Background Data Sheet . •
4) Disclosure Form*
5) Environmental Documents
6) Exhibits "A" and "B", dated November 13, 1980
CDN:ar
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SUDJECT,
ELH AVE
APPLICANT 5UA.B "•"/C—iM
KO3GROUND DATA SHEET
CASE NO: CT 80-46/PUTT-27
APPLICANT: JAMES SWAB
REQUEST AND LOCATION: Tentative Subdivision Map and Planned Unit Development
on the east side of Highland Drive, between Elmwood Drive & Elm Street.
L2GTiL DESCRIPTION: A portion of Tract 121, according to Map No. 1661
filed March 1, 1915.
Assessors Parcel Number: 156 - 20° - 14 •. . ~.
Acres 1>36 No. of Lots 8
GENERAL PLAN AND ZONING
General Plan Land Use Designation RLM (0-4 du's/ac)
Density Allayed 0-4 Density Proposed ^'^
Existing Zone R-l-10,000 Proposed Zone R-l-10,000
Surrounding Zoning and Land Use: '
Zoning Land Use
North R-l-7500 SFRS/Vacant
South R-l-10,000 SFRS/Vacant
Fast R-l-7500/10,000 SFRS/Vacant
West. R-l-10,000 SFRS/Vacant
PUBLIC FACILITIES
School District Carlsbad TTnifiad '
Water District Carlsbad Unified
Sever Districh Carlsbad Unified EDU's
Public Facilities Fee Agreement, dated .____Nqvember_ 1L2J_JL9J^0_
(Other:
HWIKOMMSOTAL IMt'ACT
X_ Negative Declaration, issued _.May_ JJ ,_19_81_ Lo:j No.
; E.I.It. Certified, dated ; •_
Other, .
O )
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICANT: James R. Swab an individual
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication)
2924 Highland Drive, Carlsbad, CA 92008
Business Address
434-1827
Telephone Number
BRIAN SMITH ENGINEERS> INC. .'
Name
2656 State Street, Carlsbad, CA 92008
Business Address
729-8981
Telephone Number
Name (individual, partner, joint
venture, corporation, syndication)
Home Address
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
telied upon as being true and correct until amended.
//Applicant
^/BRIAN SMITHS-ENGINEERS, INC.
Agent, Owner, Partner