HomeMy WebLinkAbout1985-09-17; City Council; 8331; Zone Change - Carlsbad Inn Beach Clubm e e cn
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n CI~ ~ OF CARLSBAD - AGENC :BILL
ZONE CHANGE FROM R-3 TO 0-S
ZC-327 - CARLSBAD INN BEACH CLUB TITLE: \B# 8331
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IEPT. PLN
RECOMMENDED ACTION:
The Planning Commission is recommending that the City Council introduce Ordinance No. 9773 , APPROVING ZC-327.
ITEM EXPLANATION
The applicant is proposing a zone change from R-3 to 0-S (Open
Space) on a 2244 sq.ft. lot located on the west side of Ocean Street approximately 200 feet south of Elm Avenue. The zone change would allow implementation of a CUP (conditional use permit) for a beach club facility serving the Carlsbad Inn located nearby. The conditional use permit, resolution attached, was approved by the Planning Commission on August 28, 1985. The conditional use permit
would permit several wood decks for passive recreation for tenants, 2420 cubic feet of beach equipment storage, and would include an equipment check-out counter (reduced site plan attached). The existing R-3 zone would not permit these uses. The applicant would also provide public access between Ocean Street and the beach.
In approving the zone change and the conditional use permit the Planning Commission found that the project is compatible with sur- rounding residential uses. They felt that residential units in this area all had similar decks to those being proposed at the
beach club. They indicated that the 0-S zone was appropriate
because it is less intense than the existing R-3 zone. They also felt that the public access provided by the applicant was a major benefit to the community. The Planning Commission had final approval on the conditional use permit but the zone change is necessary for the applicant to be able to implement the project.
Staff recommended denial of both the conditional use permit and zone change because it was felt that a people-oriented use such as a beach club is more intense and would not be as compatible with residential uses as the existing residential designation. In terms of zoning, staff felt the 0-S zone was being utilized to expand a commercial use (Carlsbad Inn) into a residential area. Staff also felt that the area proposed for the 0-S zone was too small to jus- tify a break in this continuous band of R-3 zoning along this side of Ocean Street.
For further information please see the attached report to the Planning Commission.
ENVIRONMENTAL IMPACT
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated July 18, 1985, which was
approved by the Planning Commission on August 28, 1985. A copy of
the environmental documents is on file in the Land Use Planning Office.
Page 2 of Agenda Bill No. r33 I
FISCAL IMPACT
The increased need for city capital facilities resulting from this development will be offset by the payment of the public facilities
fee. Any capital facilities related directly to this development
will be constructed and paid for by the developer.
Increased operating expenses related to this development will be offset to some extent from increased tax or fee revenue generated by the development. No detailed economic impact analysis of this development has been conducted at this time so predictions of the portion of operating expenses covered by additional operating
revenue created as a result of this project cannot be made.
EXHIBITS
1. Location Mar,
2. Ordinance NL. 7773
3. Planninq Commission Resolution No. 2468
4. Planning Commission Resolution No. 2469
5. Staff Report to Planning Commission dated August 14, 1985
6. Reduced CUP Exhibits
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-LOCATION MAP^
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ORDINANCE NO. 9773
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING
MAP FROM MULTIPLE FAMILY RESIDENTIAL TO OPEN
SPACE ON APPROXIMATELY 2,244 SQUARE FEET OF
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
OCEAN STREET APPROXIMATELY 200 FEET SOUTH OF THE
ELM AVENUE/OCEAN STREET INTERSECTION
APPLICANT: CARLSBAD INN BEACH CLUB
CASE NO: ZC-327
The City Council of the City of Carlsbad, California,
ioes ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
smended by the amendment of a zoning map from R-3 (Multiple Family
Residential) to 0-S (Open Space) on property as shown on the map
narked ZC-327 - Exhibit "XI', attached hereto and made a part _. - hereof.
SECTION 2: This project is approved upon the express
zondition that the applicant shall pay a public facilities fee as
required by City Council Policy No. 17, dated August 29, 1979, and
amended on April 2, 1982, on file with the City Clerk and
incorporated herein by reference, and according to the agreement
executed by the applicant for payment of said fee a copy of that
agreement dated March 5, 1985, is on file with the City Clerk and
incorporated herein by reference.
promised, this application will not be consistent with the General
Plan and approval for this project shall be void. Said fees shall
be paid based on the April 2, 1982 version of Policy No. 17.
If said fee is not paid as
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 17th day of *-r ,
1985, and thereafter
' PASSED AND ADOPTED at a regular meeting of said City
Council held on the 24th day of Sew r , 1985, by the
following vote, to wit:
AYES: Council Wrs Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
City Clerk
(SEAL)
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5 MARY H. CASLER, Mayor
. R-3 to
.-,
CARLSBAD 11. 2C-327 EXYIBIT X
8-14-85
ZC-327
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EXHfBlT X 8-14-85
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PLANNING COMMISSION RESOLUTION NO. 2468
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL
TO OPEN SPACE ON 2,244 SQUARE FEET OF PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET
APPROXIMATELY 200 FEET SOUTH OF THE ELM
AVENUE/OCEAN STREET INTERSECTION.
OF A ZONE CHANGE FROM MULTIPLE FAMILY RESIDENTIAL
APPLICANT: CARLSBAD INN BEACH CLUB
CASE NO: ZC-327 - --
WHEREAS, a verified application for certain property, to
#it:
A portion of unnumbered Block in the town of Carlsbad, in
the City of Carlsbad, County of San Diego, State of California, according to the Map thereof Number 535, filed in the Office of the County Recorder of San Diego County; and that portion of Ocean Street as shown on said
map, closed to public use,
nas been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 14th day of
August, 1985, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, RE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
€3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL ZC-327, based on the following
findings and subject to the following conditions:
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?indings:
1) The proposed Open Space zone which is generally regarded as less intense than the existing residential zone would be compatible with surrounding residential uses.
?) Since the proposed Open Space zone is regarded as the lowest
intensity use relative to all other potential zone
possibilities, it is concluded that it would be consistent
with the existing RH, Residential High General Plan
designation.
3) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on July 18, 1985 and approved by the
Planning Conmission on August 14, 1985.
:ondition :
L) Approval is granted for ZC-327 as shown on Exhibit "X", dated
August 14, 1985, incorporated herein by reference and on file
in the Land Use Planning office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanniny Conmission of the City of Carlsbad, California, held on
:he 14th day of August, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus,
PlcFadden, Smith, Rombotis ti Hall.
NOES: None.
ABSENT : None.
ABSTAIN: L' Heureux.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COklMI SS I ON
iTTEST :
1ICHAEL J. HOLZMILLER
JAND USE PLANNING MANAGER
?C RES0 NO. 2468 -2-
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PLANNING COMMISSION RESOLUTION NO. 2469
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A BEACH CLUB
FACILITY WHICH INCLUDES DECKING AND BEACH EQUIPMENT STORAGE ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF OCEAN STREET, APPROXIMATELY 200
FEET SOUTH OF THE ELM AVENUE/OCEAN STREET INTERSECTION.
APPLICANT : CARLSBAD INN BEACH CLUB CASE NO: CUP-271
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 14th day of August, 1985, hold
a duly noticed public hearing to consider said application on
property described as:
A portion of unnumbered Block in the town of Carlsbad, in
the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof number 535,
filed in the office of the County Recorder of San Diego, County, and the portion of Ocean Street as shown on said
Map, closed to public use,
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-271.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP-271, based on the following findings
and conditions:
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'indinqs:
) The requested use would enhance the appearance and safety of
the project site and could also likely reduce the potential
congestion impact that the 198-room Carlsbad Inn would have
on the adjacent beach.
) The proposed use has been designed with adequate buffers to ensure compatibility with adjacent residential properties.
) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the
Land Use Planning Manager on July 18, 1985 and approved by
the Planning Commission on August 14, 1985.
onditions:
Approval is granted for CUP-271, as shown on Exhibits "A" and
"B", dated March 13, 1985, incorporated by reference and on
file in the Land Use Planning Office. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
The applicant shall eliminate the two parking spaces located
at the front of the property along Ocean Street. The
applicant shall prepare a detailed landscape and irrigation
plan for this portion of the property per the City Landscape
Design Guidelines Manual. This landscape plan shall be
submitted to and approved by the Land Use Planning Manager
prior to building permits.
No food or beverages shall be sold or provided onsite.
Beach equipment and decking will be for the sole use of Carlsbad Inn tenants. No equipment shall be rented or no
commercial use shall take place onsite.
The stairway access to the beach shall be open to the general public and maintained in good condition by the property
owner
Hours of operation for the beach club facility will be no
earlier than 9:00 a.m. and no later than 9:00 p.m. daily.
All beach equipment shall be stored indoors. The deck shall be closed and locked to prevent access between 9:00 P.M. and
7:OO A.M.
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C RES0 NO. 2469 -2-
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3) This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the
Land Use Planning Manager on a yearly basis to determine if
all conditions of this permit have been met and that the use
does not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the Land
Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked
at any time after a public hearing, if it is found that the
use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended
for a reasonable period of time not to exceed five years upon
written application of the permittee made not less than 90 days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the
public's health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
no limit to the number of extensions the Planning Commission
may grant.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
?lanning Commission of the City of Carlsbad, California, held on
:he 14th day of August, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus,
McFadden, Smith, Rombotis & Hall.
NOES : None.
ABSENT: None.
ABSTAIN: L'Heureux.
4TTEST :
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
L J. HOLZMILLER LAND USE PLANNING MANAGER
?C RES0 NO. 2469 -3-
APPLICATION SUBMITTAL DATE:
l!QX€l 12--'385
STAFF REPORT
DATE : AUGUST 14, 1985
TO: PLANNING COMPISSION
FROY : LAND USE PLANNING OFFICE
SUBJECT: ZC-327/CUP-271 - CARLSBAD INN REACH CLUB - Reauest for
approval of a zone change and conditional use permit to allow a beach club facility, located along the west
side of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean Street intersection.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2468 and 2469 DENYING ZC-327/CUP-271 based on the findings contained therein.
11. PROJECT DESCRIPTION
cd
The applicant is requesting approval of a zone change from R-3,
Multiple-Family Residential, to 0-S, Open Space and a conditional
use permit to allow a beach club facility on a 2,244 square foot site located as described above. private facility as part of the Carlsbad Inn Beach and Tennis Resort and has been designed to accommodate the owners and guests use of the beach during their stay. As shown in Exhibit "A", the proposed project would consist of 960 square feet of beachfront wood decking for sunning ar?d passive recreation, 2420 cubic feet of enclosed space for storage of recreation equipment,
landscaping and two parking spaces. The proposed project would also include design treatments featuring, an entry gate with
carriage lights, balustrade railings, vine covered trellises, and
french window panes. The facility would be staffed by an attendant to verify the room status of guests, handle disbursement, collection and maintenance of beach recreation equipment and will be responsible for maintenance of the beach club. Two to three electronic video surveillance cameras and an intercom, monitored at the Carlsbad Inn hotel desk 24 hours per day, are also planned for security purposes.
f The project is proposed as a
As part of the proposed project, the applicant is willing to dedicate an easement for public access along the existing 1; stairway located along the northern side of this property. ,i' ~
As discussed above, the project site is currently developed with a beach stairway access along its northern side. This accessway
is used regularly by the public for beach access, however, it is currently not dedicated for such public use. The remainder of the property is sparsely vegetated with ice plant and other limited vegetation. Overall, the site is in a relatively unmaintained state. The properties to the north and south of
the site are developed with multi-family residential dwelling
(rental) units. Both adjacent residential properties include patio decking along the beachfront. The property to the east, across Ocean Street is in the process of being developed with the Carlsbad Inn Beach and Tennis Resort.
111. ANALYSIS
Planning Issues - Zone Change
1) Is the proposed 0-S zone consistent with the RH General Plan designation?
2) Will the proposed land use be compatible with surrounding
land uses?
D I SC US S I ON
The proposed 0-S, Open Space zone is not an implementing zone for
the RH, Residential High, 20-30 du/ac land use designation and
f is, therefore, inconsistent. If Open Space is determined to be
an appropriate zone for this property, the general plan should
be changed to 0-S. This should occur before the adoption of an
0-8 zone.
Compatibility of land use is also an issue with regard to the
proposed project. The subject property is presently undeveloped
(excluding the existing stairway), and implementation of the proposed project will intensify the use within this area. The proposed beach club facility is designed to attract hotel guests
desirous of recreating on the deck areas of the beach club facility, thereby intensifying the use of the site. This intensification of use would result in an increase in noise and nuisances, which could lead to compatibility problems with
adjacent residential properties. Residents and property owners
within the vicinity of the subject property have already expressed opposition to the public's use of the existing onsite stairway access to the beach. The surrounding residents have
posted a sign prohibiting public access along this stairway. It is staff's opinion that any further intensification of use on I'
this property would only serve to exacerbate an already existine
nuisance problem.
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In accordance with this concern, staff asked if the applicant had .contacted surrounding property owners. The applicant contends that discussions with adjacent property owners have taken place and that most issues of concern have been resolved through design. However, the applicant has been unable to provide letters of support from adjacent property owners as requested by staff.
Although the design of the project will likely enhance the
appearance and safety of the project site, and could also reduce the potential congestion impact that the 198-room Carlsbad Inn could create on the adjacent beach, staff feels that compatibility problems with adjacent residential properties have not been resolved through project design and will exist with implementation of the proposed project. Further, staff feels that this project would be an extension of a commercial use (hotel) into a residential area.
Staff also feels that the site is too small to accommodate some of the recreational uses permitted in the 0-S zone. The site is only 2244 square feet in size and would split an existing R-3 area in two parts. Staff feels there is not adequate room on the site to buffer potential recreational uses from neighboring properties.
Planning Issues - Conditional Use Permit
7 1) Can the required findings for approval of a conditional use permit be made? Specifically:
a) That the requested use is necessary or desirable for
the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
b) That the site for the intended use is adequate in size
c) That all of the yards, setbacks, walls, fences,
and shape to accommodate the use.
landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained.
d) That the street system serving the proposed use is adequate to properly handle all traffic generated by d the proposed use. 4
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DISCUSSION
As discussed earlier in this report, implementation of the proposed use would enhance the appearance and safety of the project site and could also likely reduce the potential congestion impact that the 198-room Carlsbad Inn would have on the adjacent beach. However, staff has concerns that the project as proposed, would also intensify the use of the subject property, thereby creating potential noise and/or nuisance problems for adjacent residential properties.
Staff acknowledges that the proposed beach club facility would provide an attractive and inviting outdoor recreation alternative for owners and guests of the Carlsbad Inn. However, the proposed beach club cannot be regarded as a use necessary or desirable for the development of the community since it is proposed strictly as a private use facility. Nor can the proposed beach club at this location be regarded as compatible with adjacent uses in view of the potential noise and nuisance impacts that this facility could create for neighboring residential properties. It is staff Is opinion that implementation of this proposed project could be detrimental to existing adjacent residential uses from the potential noise and nuisance impacts associated with hotel guests congregating at . the proposed facility.
In summary, staff believes that the proposed zone is not compatible with the existing R-3 zone located on both sides of the subject property. In addition, staff feels that the purpose of a conditional use permit is to ensure that uses not permitted by right in a particular zone are compatible with surrounding land use. As proposed, the beach club facility is not regarded as being compatible with adjacent residential uses. Therefore, staff is recommending denial of ZC-327 and CUP-271.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on July 2, 1985.
ATTACHMENTS
1. Planning Commission Resolution Nos. 2468 and 2469
2. Location Map 3. Background Data Sheet 4. Environmental Documents 5. Disclosure Form 6. Exhibits "A" - "D" , dated March 13, 1985
CDD:ad 7/18/85
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CASE No: ZC-327/CUP-271
APPLICANT: CARLSEW INN BEACH CLUB
REQUEST AND LCCATION: Regu est for approval of a zone change and conditional
use pemit to allow a beach club facility at 3037 Ocean Avenue
LEGAL DESCRIPTI~: A portion of unnumbered Block in the town of Carlsbad, in
the City of Carlsbad, Cty of SD, State of CA, according to Map thereof No. 535,
filed in Office of Cty. Remrder of SD Cty; and that portion of Ocean St. as
shown on said map, closed to public use. Am: 203-251-05
Acres 2,244 S.F. Proposed No. of Lot smni t s 1 lot
Land Use Designation
Density Allowed 20-30 du/ac Density Proposed NIA
R-3 Praposed Zone os 4 Existing Zone
Surrounding zoning and Land Use:
zoning Land use
Site R-3 beach stairway/ice plant
North R-3
South R-3
East Fl-3
West l+3
&si/Multi
Resifiulti
Carlsbad Inn
Pacific Ocean
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad m's
Public Facilities Fee Agreement, dated
ENVIK"AL IMPACT ASSFSSbX"lT
March 5, 1985
- Negative Declaration, issued
- E.I.R. Certified, dated
Other ,
DEVELOPMENTAL
SERVICES
1200 ELM AVENUE
CARLSBAD, CA 9-1989
(619) 436-5591 LAND USE PLANNINQ OFFICE
4 .f
Citp of 4Carl$bab
PROJECT ADDRESS/LOCATICN: The project is located dong the west Side
of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean street intersection.
P- DESCRIPTICN: The project is proposed as a private beach club facility as part of the Carlsbad Inn Reach and Tennis Resort. prcposed beach club facility will consist of 960 mare feet of beach- front wood decking to be used by hotel guests for sunning antl passive recreation, 2420 cubic feet of enclosed space for storage of beach recreation equipnent, landscaping, design treatnents and two parking spaces.
The City of Carlsbad has conducted an enviromental review of the
abwe described project pursuant to the Guidelines for Implementation of the California Envirormental Quality Act and the Erwirormentdl Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project will not
have a significant impact CII the environment) is hereby issued for the subject project. Land Use Planning Office.
The
As a result of said
Justification for this action is on file in the
A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City all, 1200 ~lm Avenue, Carlsbad, CA. 92008. Caments frm the public are invited. Please suhnit annnents in writing b the and Use Planning Office within ten (10) days of date of issuance.
IYATD: July 18, 1985
CASE No: ZC-327/CUP-271 Land Use Planning Manager ii
I,
PUBLISH DATE: July 24, 1985
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5/8 1
APPLICANT :
AGfiJp:
Carlsbad Inn, Ltd,, A California Limited Pqtnership
P. 0, box 2089, Del Mar, California 92014
Nauie (individual, partnership, joint vanturo, corporation, syndication)
Busha88 Address
619/755-7778
Telephone Nllmkrrc
Winners Circle Resorts International, Inc. (General Parte)
NaIm
P. 0, Box 2089, Del Mar, California 92014 -. -
BuSh888 Addre8S
619/755-7778
Tolmphona -r .'
James M, Watkins, President
riame *(individual, putnu, joint. Rme Z&drora
venture, coxpration, syndication)
355 14th Street, Del Mar, CA 92014
P. 0, Box 99, Del Mar, CA 92014
Business Address
619/755-3991
Telephone Number Telapbm Sumbmr
Judi Carroll, Director of Development
:he Rome Address
P, 0, Box 5o00, Del Mar, CA 92014
P, 0, Box 2089, Del Mar, CA 92014
3siness Address
619/755-7778
(Atwh mom rhaots if necessary)
IfiIc daclarra uzder pnalty of perjury that tha infomation contained in this ds-
closure is trw and correct and that it will remain true and correct and mayb.
relied upon as being true and correct until aamnded.
Carlsbad Inn, Limited winners Circle Resorts International, Inc, General Partner
Appl icmt
BY - 17
Agent, Orrur, Pugnqr ..
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Ca rls b a d Jo u m a I
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD. CA 92008 0 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Son Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceedina one year
next preceding the' date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Block in the tdw
September 7 5 ....................
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I certify under penalty of perjury that the foregoing IS true and correct. Executed at Carlsbad County of San Diego, State of California on the 7 t'h
Clerk of the Printer
CJ 4slZ September 7.1905
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