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HomeMy WebLinkAbout1983-04-19; City Council; 7353; Declaration of Intention to Hold Public HearingCIT OF CARLSBAD — AGENC 3ILL AR* 73&3 MTG. 4/19/83 OEPT. CA TITLE: DECLARATION OF INTENTION TO HOLD PUBLIC HEARING RE: NUISANCE ABATEMENT CHAPPEE AUTO WRECKING nPPT HO CITY ATTY \/ flQ CITY MGR. ^=8- QLU >oo:a.a. o< oo RECOMMENDED ACTION: Adopt Resolution No.setting a public hearing regarding nuisance abatement for the May 17, 1983 Council meeting. ITEM EXPLANATION Our office has been requested to take zoning enforcement action against the owners of the auto wrecking yard located at 7200 Ponto Drive (Chappee). After discussing the matter with the Director of Building and Planning it is our recommendation that nuisance abatement proceedings be instituted rather than a criminal action. In our opinion nuisance abatement proceedings are more effective at eliminating major zoning violations in certain circumstances. The first step in initiating these proceedings is for the Council to declare its intention to hold a public hearing. Next, a public hearing will be held and based on the evidence presented at the hearing the Council will decide if a nuisance exists and if so, order abatement. If the property owner does not abate the nuisance within the time specified by Council an action may be filed in Superior Court or the City may abate the nuisance itself and charge the cost to the property owner. The action in Superior Court will be for a court order to abate and to pay the costs incurred by the City in enforcing the law. The action before the Council tonight is merely to set the public hearing for the second Council meeting in May. No evidence or statements should be taken until the May 17, 1983 meeting. EXHIBITS Resolution No. Exhibit A: Notice of Illegal Use of Property Exhibit B: Request for enforcement action from Land Use Planning Manager plus attachments Exhibit C: Memo regarding non-compliance r? o>^ COen o> ps.1 Q l^- ^ <£Z ° Ul ZO ?~ > CC5 t < OO ^ u.IL • _j 13 ' i_ >• UJ <5 "jo"giSoz O " <= I- m> I- e/3 > c 0 S 1 2 3 4 5 6 7 8 9 10 11 12 5 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.7195 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO HOLD A PUBLIC HEARING ON THE ABATEMENT OF NUISANCE: MAINTENANCE OF A WRECKING YARD IN VIOLATION OF THE ZONE CODE. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the City has the power at both common law and by statute to abate nuisances. --- 2. That the City Council has established its procedures for the abatement of certain nuisances with the City limits. 3. That every violation of Title 21 of the Carlsbad Municipal Code is declared by law to be a public nuisance. 4. That a potential nuisance exists due to the existence of a wrecking yard on property located at 7200 Ponto Drive (assessor's parcel no. 214-160-28), contrary to the provisions of Title 21 of the Carlsbad Municipal Code. 5. That the City Council will hold a public hearing on May 17, 1983 at 6:00 p.m. in the City Council Chambers at 1200 Elm Avenue, Carlsbad, California, to consider whether or not the condition constitues a public nuisance. 6. That the Director of Building and Planning of the City of Carlsbad will cause this resolution to be posted according to law, and also cause notice to be sent to the property owners that the City Council will hold a public hearing on May 17, 1983 to determine whether or not the conditions constitutes a public nuisance. Said notice shall be mailed at least five days prior to the hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. That, based on the facts presented at the public hearing, the City Council will determine whether or not a public nuisance exists, and if it finds that a public nuisance does exist, that the City Council will order that it be abated at the expense of the person creating it and will determine how the cost of the abatement will be collected according to applicable laws. 8. That the Director of Building and Planning and the Land Use Planning Manager will provide appropriate testimony at the public hearing. PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting held on the 19th day of April , 1983, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City CjLerk ^(SEAL) -2- STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Aletha L. Rautenkranz I. / , City Clerk of tin- City of Carlsbad, County of San Die-go, State of California, hereby c-ertify that I have compared the foregoing copy with the original .*>®SpJ-Uti.pn /J."-> passed and adopted by .said City Council, at a .regular meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office: that the same contains a full, true .'and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 2.0th (|ay of ...April/.. 1983.. ( SI- AI, I City Clerk C CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 VINCENT F. BIONDO. JR. (619) 438-5531 CITY ATTORNEY DANIEL S. HENTSCHKE ASSISTANT CITY ATTORNEY March 25, 1983 Eugene C. and Margaret M. Chappee 654 North Highway 101 Encinitas, California 92024 RE: NOTICE OF ILLEGAL USE OF PROPERTY Dear Mr. and Mrs. Chappee: Our office has been informed by the Land Use Planning Manager that you are illegally using your property at 7200 Ponto Drive, Carlsbad/ California (assessors parcel number 214-160-28) for an automobile wrecking yard. That use is a violation of Section 21.24.010 of the Carlsbad Municipal Code. A violation of the Carlsbad Municipal Code is a criminal offense. In addition, any 'use maintained contrary to the provisions of the Carlsbad Municipal Code constitutes a public nuisance. As a public nuisance it is subject to abatement upon an order by the City Council and the cost of the abatement can be charged to the owner of the property. In the past, the auto wrecking use was maintained pursuant to the conditional use permit issued by the City Council of the City of Carlsbad on January 16, 1973. That conditional use permit specifically provided that it would be valid for a ten year period. That permit expired on January 16, 1983. On September 29, 1982 and again on December 14, 1982 the Land Use Planning Manager gave you notice of the upcoming expiration of the conditional use permit for this use and of the need for you to cease the use and remove the wrecked automobiles by January 16, 1983. On February 25, 1983 the Land Use Planning Manager sent you a letter formally notifying you of the expiration of your conditional use permit and requesting the immediate removal of the auto wrecking yard from the premises. On March 23, 1983 EXHIBIT A Mr. and Mrs. Chappee RE: Illegal Use March 25 / 1983 Page 2 the Land Use Planning Manager forwarded a request for legal enforcement to our office because you had failed to comply with his demands for removal of.the illegal use from your property. Based on the evidence presented to us by the Land Use Planning Manager we have concluded that you're illegally using your property for the maintenance of an automobile wrecking yard and you have been given sufficient time to cease using your property in that manner. Because of your failure to comply with the requests of the Land Use Planning Manager we are compelled to inform you that if the illegal use of your property at 7200 Ponto Drive is not terminated immediately, we will be left with no other recourse than to take all necessary and appropriate steps to institute legal proceedings against you. In order to give you a chance to avoid that result we have established April 8, 1983 as the deadline for removal of all illegal uses from the property located at 7200 Ponto Drive, Carlsbad, California. We regret that we have had to send this letter and sincerely hope that you will comply with our request. If you have any questions with regard to this matter please don't hesitate to contact our office. Very truly yours, VINCENI^F. BIONDO, JR. ~"':y Attorney DANIEL S. HENSCHKE Assistant City Attorney rme c:Land Use Planning Manager City Manager Mayor and City Council EXHIBIT A MEMORANDUM DATE: March 23, 1983 TO: City Attorney FROM: Michael J. Holzmiller, Land Use Planning Manager SUBJECT: Chappee Auto Wrecking Nuisance On January 16, 1983, the conditional use permit (CUP-64) allowing the operation of the Chappee Auto Wrecking facility on Ponto Drive expired. This CUP had been conditioned so as to expire ten years from the date of its approval (January 16, 1973). Although our office has informed Mr. Chappee of this expiration in writing on three different occasions (attached letters), the business continues to exist as it has over the past several years. This conditional use permit was granted when the area known as Ponto (including the subject property) was zoned M (industrial). Section 21.42.010(6)(B) of the Zoning Ordinance allows auto storage or impound yards in M zones upon approval of a CUP. On March 6, 1974, this area was rezoned from M to RD-M (Residential density-multiple). This is the zoning that presently covers the property. RD-M zoning does not allow for auto wrecking uses or their extension or renewal. The Ponto area has several businesses that do not conform to the existing zoning. Our staff has recently been working on a program to set abatement dates for such nonconforming uses in the area. Others in the area are also allowed through CUP, and will be removed upon the expiration of their respective CUP's. Mr. Chappee's use, however, is the most undesirable and unattrac- tive use in the area, as shown on the attached pictures. Vehicles of all types, in various state of disrepair and dis- mantlement, clutter the entire acre parcel and are clearly visible from every direction. An eight-foot high solid fence along the westerly property line does little to hide junk vehicles which are piled up to fifteen feet high. The entire lot is visible from northbound Carlsbad Boulevard, an eligible scenic highway, per the Scenic Highway Element of the General Plan. To the east, no attempt has been made to buffer the view of the lot from the 382-unit Lakeshore Gardens Mobile Home Park and the AT&SF Railroad, which passes directly by the site. Our office has received complaints from surrounding property owners due to unsightliness and the extreme fire hazard. Discussions with the California State Fire Insurance Commission has indicated that the hazardous situation resulting from this yard has increased fire insurance rates of surrounding properties $1000 - $2000 per year. EXHIBIT B The Land Use Element of the General Plan designates this area for medium-high density residential uses. Recently, a tentative tract map for a 354-unit condominium was approved just to the south of this property. In addition, a specific plan for the commercial area to the east (at 1-5 and Poinsettia) was approved. The area is beginning to take shape according to the approved General Plan. As such, this land use is becoming less and less compatible with the uses developing around it. I request that since this use is operating without a permit, since it does not conform to the zoning on the site, and since it is incompatible with uses developing in the area, your office pursue nuisance abatement proceedings per Section 6.16 of the Carlsbad Municipal Code, or whatever action you believe is most feasible to remove this use. Please let me know if we need to do anything additional. MJH:PJK:kb Attachments 1. Chappee Auto Wrecking Data Sheet 2. City Council Reso. No. 3053 3. Location Map 4. Letter to Eugene Chappee, dated February 25, 1983 5. Letter to Eugene Chappee, dated December 14, 1982 6. Letter to Eugene Chappee, dated September 29,1982 7. Photgraphs of Chappee Auto Wrecking cc: Marty Orenyak •2- 7 EXHIBIT B f Chappee Auto Wrecking Data Sheet Owner: Eugene C. and Margaret M. Chappee 654 N. Highway 101 Encinitas, CA 92024 Address: 7200 Ponto Drive Carlsbad, CA 92008 Legal Description:All that portion of the south two-thirds of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government Survey approved October 25, 1875, and further described in the files of the City Clerk. A.P.N.:214-160-28 Acreage: .92 ac. Site Description: The site is umimproved except for an 81 high masonry block wall. Car bodies are stacked generally above the fence line, in some places to a height of approximately 20 feet. There are no water or sanitation (sewer) services to the site. Zoning:RD-MSubject Property: North: RD-M South: RD-M East: A-1-8 (County) West: RD-M General Plan: The Land Use Element of the General Plan show the subject property as medium high density residential. The subject use is in conflict with this designation (and was, in fact, in conflict with the General Plan designation of Residential at the time of the original Conditional Use Permit approval). Environmental Status: This project was originally submitted to the City prior to CEQA requirements being applied to private discretionary acts. 2 3 4 5 6 7 8 9 XO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 51 32 £ ^SOLUTION O? THE CITY CC CIL OF .THE CITY C. CARLSBAD, CALIFORNIA, Ai^.JUNCING FINDINGS, GRANTING AM APPEAL OF A PLANNING COMMISSION .DECISION, AND APPROVING A CONDITIONAL USE PERMIT.FOR AN AUTO WRECKING YARD LOCATED NORTHERLY OF PONTO ROAD AND EASTERLY OF CARLS- BAD BOULEVARD, SUBJECT TO CERTAIN CONDITIO>7S WHEREAS, the Planning Commission of the City of Carlsba on August 22, 1972, by Resolution No. 810, denied an application for a Conditional Use Permit for an auto wrecking yard, submitted by Eugene M. Chappee; and WHERE AS ^--Eugene M^Chappes-appealed said denial to the City WHEREAS,:said appeal was presented-to the City Council at a duly advertised public hearing on September 19, 1972, at which time, after discussion, a motion was made to continue the appeal until October 3, 1972, to allow for correction of an illeg lot split in the subject area; and WHEREAS, the appeal hearing was held on October 3, 1972 and subsequently continued to November 8, 1972, and presented to the City Council on November 21, 1972; and WHEREAS, the City Council announced its intention to grant said appeal and referred the matter back to the Planning Commission for comment; and WHEREAS, the Planning Commission•reported to the City Council a reaffirmance of the previous denial; and WHEREAS, the City Council, after considering all releva factors, made the following findings: 1. Granting the Conditional Use Permit will carry out the intent of the City's zoning ordinance; . 2. The use will not be detrimental to the ' surrounding area; LAP ' ' H • 1 2 3 4 5 6 7 8 9 10 I 11 12- 13 14 15 16 17 18 19 20 21 22 23 2 2 27 28 3. The use has in fact been in' exist- ence for a period of years; 4. The owner was' encouraged to''proceed ' » with- large expenditures for permanent fencing for the use. - • • ' NOW, THEREFORE, BE IT RESOLVED that said appeal is granted and a Conditional Use Permit for an auto wrecking yard located northerly of Ponto Road and easterly of Carlsbad Boulevart will issue for a ten-year period, subject to the following condi- tions: I.;-; That, a future street improvement '.. . - .the--City of Carlsbad and - * ---,^aiip^^ •-' '-:-'"-J^ i!l"- "the ^applicant -be- -entered into covering the total westerly front of Parcel Mo. 16; • • 2 . That the applicant install a water main and one fire hydrant, said fire hydrant to be located to the satisfaction of the- City Fire Chief; 3. That the height limitation of stacked material from ground level not exceed twenty . « feet, as agreed by the applicant; 4. That landscaping on the northeasterly boundary be accomplished for screening pxirposes as ag'reed by the applicant, and subject to the City's Environmental Protection Ordinance; 5. That the approval, of applicant's request be subject to the resolution of a parcel split of subject property. MASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held January'16, 1973, by the following vote, to-wit: '.•''•'.••'•'.'•••-. ' * AYES: Councilman Dunne, McComas , Chase and Frazee. NOES: Councilman Lev/is. '-* . . - --,»,. . -V........ ................ . . ^ - _ f ABSENT: None. DAVID H. DUNNE, Mayor ATTEST: .--,/ .'S/'J4J,sTs G. f//*.f^*t*rs- ..MRGARET.' E. ADAHS h. city, cleric.i,>,^^ .-.- --c "T J . -.. ••— ' ' •/*' -- (SEAtl) EXHIB/r B CHAPPEE AUTO WRECKING EXHIBIT B JT DEVELOPMENTAL SERVICES O Assistant City Manager (714) 438-5508 D Building Department (714) 438-5525 D Engineering Department (714) 438-5541 O Housing & Redevelopment Department 309G Harding St. (714)433-5611 E* Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92000 Citp of Cartebafc February 25, 1983 Eugene C. and Margaret M. Chappee 654 N. Highway 101 Encinitas, CA 92024 • Re: Expiration of Conditional Use Permit for Ponto Auto Wrecking Dear Mr. and Mrs. Chappee: This letter serves as formal notice of the expiration of your conditional use permit (CUP-64) which allowed your auto wrecking facility on Ponto Drive in Carlsbad. As you have previously been informed both verbally and in writing, this permit was granted for a ten-year period, which expired on January 16, 1983. The present zoning on the property (RD-M) does not allow for the extension or renewal of a permit for this type of use. Since this permit expired in January, and you have been aware of the impending expiration of the permit for several months, we must ask that you remove the use immediately. I have enclosed a copy of the approving document of the condi- tional use permit. Please call if you have further questions. 3A/J MICHAEL J. "tl^LZMILKER Land Use Planning Manager MJH:PJK:kb Enclosure /3 EXHIBIT B 'DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE December 14, 198k Citp of Carltfbab 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008-1989 (619) 438-5591 Eugene C. and Margaret M. Chappee 654 North Highway 101 Encinitas, CA 92024 RE: Expiration of Conditional Use Permit for Ponto Auto Wrecking Dear Mr. and Mrs. Chappee, This letter is a second reminder of the impending expiration of the conditional use permit for Ponto Auto Wrecking. As you have previously been informed, this permit was granted for a ten-year period, which expires on January 16, 1983. ._ The present zoning on the property,.residential density-multiple (RD-M), does not allow for the extension or renewal of this type of use. Therefore this business will have to be removed by January 16, 1983. Please call if you have further questions. * •. • Sincerely, MICHAEL J. IIOL2MILLER Land Use Planning Manager MJH/PJK/ar EXHIflIT B r DEVELOPMENTAL SERVICES O Assistant City Manager (714) 438-5598 O Building Department {714} 438-5525 O Engineering Department (714) 438-5541 O Housing & Redevelopment Department 3096 Harding St. (714)438-5611 f$ Planning Department (714) 433-5591 September 29, 1982 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Cit? of Cartefcafc Eugene C. and Margaret M, 654 North Highway 101 Encinitas, CA 92024 Chappee RE;EXPIRATION OF CONDITIONAL USE PERMIT ON PONTO AUTO WRECKING PROPERTY (APN 214-160-28) Dear Mr. and Mrs. Chappee, The purpose of this letter is to inform you of the impending expiration of your Ponto Auto Wrecking Conditional Use Permit. This permit (CUP-64) was granted for a period of ten years. City Council Resolution No. 3053, approving the permit, was signed on January 16, 1973. As such, it will expire on January 16, 1983. The present zoning, on the property, Residential Density-Multiple (RD-M), does not allow for the extension or renewal of an auto wrecking use, therefore, you will have to remove this use by January 16, 1983. Please call if you have further questions. MICHAEL J. HOLZMILLER Land Use Planning Manager MJH:PK:bw EXHIBIT B MEMORANDUM DATE: April 12, 1983 TO: Dan Hentschke, Assistant City Attorney FROM: . Paul J. Klukas, Land Use Planning Office SUBJECT: Chappee Zone Violation As the attached photographs verify, there has been no change in the condition of the Chappee Auto Wrecking business at 7200 Ponto Drive. It is our uunderstanding that your office gave Mr. Chappee until April 8, 1983, to comply with the RD-M zoning. As of this date, it is evident that he has made no effort to do so. Please contact me if you need further information PJK:kb Attachment EXHIBIT C 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 438-5621 Citj> of Cartebab March 12, 1984 Eugene C. and Margaret M. Chappee 7200 Ponto Drive Carlsbad, CA 92008 Enclosed for your records, please find a copy of the following Resolution No. 7525 , adopted by the Carlsbad City Council on March 6, 1984 . Sincerely, UUL. LEE RAUTENKRANZ, City Clerk LR:adm Enclosures ( 1 ) RESOLUTION NO.7527 - < -I i 3 8 9 10 11 12 1? 14 15 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC NUISANCE EXISTS ON PROPERTY AT 7200 PONTO DRIVE IN THE CITY OF CARLSBAD, DIRECTING THAT THE OWNER OF SAID PROPERTY ABATE SAID NUISANCE, THAT THE NUISANCE BE ABATED AT THE OWNER'S EXPENSE, DECLARING THE BREACH OF AN AGREEMENT BETWEEN THE PROPERTY OWNER AND THE CITY OF CARLSBAD AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE ACTION TO ENFORCE THE ABATEMENT ORDER OR THE CONTRACT OR ENJOIN THE NUISANCE. WHEREAS, the Land Use Planning Office has alleged that a public nuisance exists on property located at 7200 Ponto Drive in the City of Carlsbad owned by Eugene C. and Margaret M. Chappee; and WHEREAS, on April 19, 1983 the City Council of the City of Carlsbad adopted Resolution No. 7195 setting a public hearing regarding nuisance abatement for May 17, 1983; and WHEREAS, notice of said public hearing was given as provided by law; and WHEREAS, on May 17, 1983 at the request of the property owners who presented the Council with a written agreement to remove the yard, the hearing was continued to July 5, 1983, and subsequently continued to August 2, 1983, September 6, 1983, October 4, 1983, November 1, 1983, December 6, 1983, January 3, 1984, February 7, 1984 and, finally to March 6, 1984; and WHEREAS, at its April 17, 1983 meeting the City Council of the City of Carlsbad approved an agreement between the City o Carlsbad and Eugene C. and Margaret M. Chappee whereby the Chappees agree to remove the wrecking yard from their property located at 7200 Ponto Drive and to bring the property into compliance with the zoning ordinances of the City of Carlsbad; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, based on the evidence presented at the continued public hearings, including the public hearing held on March 6, 1984 it has become apparent to the City Council that the Chappees do not intend to comply with the terms and conditions of their agreement with the of Carlsbad; and WHEREAS, notice of the continued public hearings has been given as required by law; and WHEREAS, special notice of the continued public hearing on March 6, 1984 has been given; and WHEREAS, on March 6, 1984 the City Council held a continued public hearing at which all interested persons were heard and received evidence regarding the existence of a public nuisance at 7200 Ponto Drive, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2. That Eugene C. and Margaret M. Chappee have breached their agreement which was approved by the City Council on May 17, 1983 to remove the wrecking yard and to bring their property at 7200 Ponto Drive into compliance with the zoning ordinances. 3. That a public nuisance is found to exist on property located at 7200 Ponto Drive in the City of Carlsbad. 4. That the condition which constitutes a public nuisance is maintenance of a wrecking yard on property located at 7200 Ponto Drive (assessor's parcel number 214-160-28) -2- •>- 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 id 16 1 17 ° 18 19 20 21 22 23 24 25 26 27 28 Z < contrary to the provisions of Title 21 of the Carlsbad Municipal Code. 5. The owners of the property located at 7200 Ponto Drive are responsible for creating, causing, committing, and maintaining said nuisance. The persons responsible for creating, causing, committing, and maintaining said nuisance are ordered to abate such nuisance on or before April 6, 1984. If said public nuisance is not abated on or before such date the City Manager is authorized to cause the abatement thereof and the expense of abatement shall constitute a lien against the subject property and of personal obligations against the owners of subject property. 6. The City Attorney is authorized and directed to take any legal action appropriate and necessary to enforce this resolution or the agreement between the City and the property owners or to abate and enjoin said public nuisance. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6t:h day of March 1984 by the following vote, to wit: AYES: Council Members easier, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST: MARY H.ASLER' Mayor x. ALETHA L. RAUTENKRANZ, City STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. VTVDTTM 1. 7* . "*'"*''"J', CfFy"f!TeYk of the City of Carlsbad, County of San Die-go, State of California, hereby certify that I have compared the foregoing copy with the original B3SOlution#7527 passed and adopted by said City Council, at ....^..^^ST^lar meeting thereof, at the time and by the vote therein stated, which original Resolution js now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 12thlay of March,...198.4 SKAl.i o>3 £ 5m 0> ig «3 fom ^ ? & <D O -J M MOO) D* 13 (Dpi O DJ 3 O <• rt •O O 0)> a s NJ (D D)O h{ CD iQ 00 $1) (D rt O PJ O 13(D (D 35 • SENDER: Complete items 1, 2, 3, and 4.Add your address in ihe "RETURN TO" space on reverse. (CONSULT POSTMASTER FOI 1. The following service is requested (cbe M Show to whom and date delivered D Show to whom, date, and address c 2. D RESTRICTED DELIVERY (The restricted dclireryfet it charged in oik. the return receipt fee.} T 3L ARTICLE ADDRESSED TO: Eugene C. & Margaret 7200 Ponto Drive Carlsbad, CA 92008 4. TYPE OF SERVICE: QREGISTERED D INSURED HCERTIFIED QCOD O EXPRESS MAIL M. ARTICLE /^ HFEES) ckone). t f delivery.. — it — 9tition to OTAL £ Chappee NUMBER S?<&<2& (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE d Addressee D Authorized agent DATE Of DELIVERY 6, ADDRESSEE'S ADDRESS (Only if requested) 7, UNABLE TO DELIVER BECAUSE: POSTMARK EMPLOYEE'SINITIALS