Loading...
HomeMy WebLinkAboutCT 02-28; La Costa Condominiums; Tentative Map (CT) (40)WERTZ MCDADE WALLACE MOOT BROWER LAWYERS A PROFESSIONAL CORPORATION ! Sandra J. Brower j Amberlynn Deaton 1 John P. Fiske Richard T. Forsyth Sarah H. Lanham Joseph C. Lavclle John S. Moot Elaine A. Rogers John H. Stephens Bruce R. Wallace John Ross Wcrtz Pamela Lawton Wilson Senior Counsel J. Michael McDade Rebecca Michael Evan 5. Ravich Fred Mahady, Jr. June 2, 2010 JUN 042010 Community & EconomicDon Neu, Planning Director Development Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: CALSO La Costa Condominiums Dear Mr. Neu: Thank you, Jane Mobaldi and Jason Goff for your prompt consideration and reply to my letter of May 26, 2010. Our client, Kwan So, greatly appreciates the City's willingness to agree that the time extension of the development permits is not necessary. Mr. Kwan is eager to proceed with the project. Your swift response to this matter will allow him to concentrate on the necessary grading and building permits. Again, thank you for your time and consideration. 'Very Rebecca Michael cc: Jane Mobaldi, Carlsbad Assistant City Attorney Jason Goff, Carlsbad Planning Department [217903vl/1519-022] 945 Fourth Avenue, San Diego,.California. 92101 Telephone 619-233-1888 • Facsimile 619-696-9476 • wwwwertzmcdade.com CITY OF V CARLSBAD Planning Department www.carlsbadca.gov May 27, 2010 Rebecca Michael Wertz McDade Wallace Moot & Bower 945 Fourth Avenue San Diego, CA 92101 RE: CALSO LA COSTA CONDOMINIUMS LETTER (MAY 26, 2010) Dear Ms. Michael, The city's project planner and I have reviewed and discussed the findings of your letter with Assistant City Attorney Jane Mobaldi. Based on the facts presented in your letter we are in agreement that the extension of the related discretionary permits (SDP 03-18x2, CP 03-13x2, HDP 02-14x2 and HMPP 06-06x1) associated with the tentative map (CT 02-28x1) for the La Costa Condominium project for which a final map has been recorded are not necessary. Therefore, effective immediately, we will remove the item from the Planning Commission hearing tentatively scheduled for July 7, 2010, and withdraw applications CT 02-28x2, SDP 03- 18x2, CP 03-13x2, HDP 02-14x2 and HMPP 06-06x1. Sincerely, DON NEU Planning Director Paul Klukas, Planning Systems, 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008 Jane Mobaldi File copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® WERTZ MCDADE WALLACE MOOT ! BROWER LAWYERS A PROFESSIONAL CORPORATION Sandra J. Brower Amfaerlynn Deaton ]ohn P. Fiske Richard T. Forsyth Sarah H. Lanham Joseph C. Lavelle John S. Moot Elaine A. Rogers John H. Stephens Bruce R. Wallace John Ross Wertz Pamela Lawton Wilson J. Michael McDade Rebecca Michael Evan S, Ravich Fted Mahady, Jr. May 26, 2010 VIA EMAIL Don Neu, Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: CALSO La Costa Condominiums Dear Mr. Neu: We represent Kwan L. So, owner of property for which a final map was recorded on July 22, 2008 pursuant to La Costa Condominiums - CT 02-28x1 ("tentative map"). Accompanying the tentative map were Site Development Plan, Condominium Permit, Hillside Development Permit, and Habitat Management Plan Permit, [SDP 03-18x1, CP 02-13X1, HDP 02-14x1 and HMPP 06-06 ("development permits")]. This letter is in response to the Planning Department's letter of May 18, 2010 advising Mr. Paul Klukas that the time extension application for the development permits has been tentatively scheduled for a hearing by the Planning Commission on July 7, 2010. BACKGROUND Original Approvals The original approval date of the tentative map and development permits was February 4, 2004. The tentative map resolution (Planning Commission Resolution No. 5555) set forth as condition 73: "73. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final." None of the development permit resolutions (Nos. 5556, 5557 and 5558) sets forth an expiration condition. [217534v 1/1519-022] 945 Fourth Avenue, San Diego, California 92101 Telephone 619-233-1888 • Facsimile 619-696-9476 • www.wertz.mcdade.com Don Neu, Planning Director May 26, 2010 Page 2 First Time Extension Prior to the expiration of the twenty four months set forth in the tentative map resolution, a request for an extension was submitted to the City; the project description included the tentative map and the development permits. The first time extension was approved on February 21, 2007. The tentative map resolution (Planning Commission Resolution No. 6245), set forth as condition 13: "13. This Tentative Map Extension is granted for a period of two (2) years retroactively from April 13, 2006 through April 13, 2008." The development permit resolutions (Nos. 6246, 6247, and 6248) set forth as condition 8: "8. This approval shall be null and void upon the expiration of Tentative Map CT 02-28x1." Second Time Extension In March of 2008, prior to April 13, 2008, a second Tentative Map Extension Application was submitted to the City; the project numbers listed in the Application were those of the tentative map and the development permits. Final Map Recorded On July 22, 2008, the Final Map was recorded. CITY It is our understanding that prior to issuance of a grading permit or building permit for the project, the City is requiring the processing and approval of the Tentative Map Extension Application submitted to the City in March of 2008 wherein the project numbers of the tentative map and the development permits were listed (second time extension). However, the City is not requiring the processing of an extension to the tentative map due to the approval and recording of the final map. According to an e-mail dated December 4, 2008 from Jason Goff to Paul Klukas, a copy of which is enclosed, the City's positions are: Original Approvals: "It was not recognized at the time that the original approvals did not include our standard condition of approval addressing the timing of building permits, WERTZ MCDADE WALLACE MOOT [217534v 1 /1519-022] LAWYERS m BROWKR, AFC Don Neu, Planning Director May 26, 2010 Page 3 which reads: This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval." First Time Extension: "Because each of the approving (development permit) resolutions were not explicit in providing a timing mechanism, the timing of the permits reverted back to the City of Carlsbad's Zoning Code under Chapter 21.58 entitled Revocation - Expiration, which renders each permit null and void after 18 months from the date of approval if no time period is specified [Emphasis added] (please see C.M.C. Section 21.58.020). This means (the development permits) expired on August 21, 2008 (18 months from the PC approval on February 21, 2007). However, because your applicant filed a timely application to extend the Tentative Subdivision Map back in March of 2008, and with it all other permits, the other permits have not officially expired and therefore we are able to take (the development permits) on the Planning Commission for the necessary extensions." OWNER Original Approvals: The absence of a condition addressing the timing of building permits is consistent with the Carlsbad Municipal Code: "Unless an earlier expiration date appears on the face of the permit, any development permit which is issued in conjunction with tentative subdivision map for a planned unit development defined by Section 11003 of the State Business and Professions Code shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later...." CMC Section 21.58.020(b) First Time Extension: We find the City's position questionable. Claiming the development permit resolutions were not explicit in providing a timing mechanism, the City asserts that the "if no time period is specified" provision of CMC Section 21.58.020(a)' applies.. If Mr. Goff s position were correct, the "life" of the tentative map would have been shorter than the development permits (April 13, 2008 vs. August 21, 2008). Under what scenario would the City have issued a grading permit or a building permit without the project's subdivision map? 1 CMC Section 21.58.020(a) "Any ...development permit...granted by the planning commission or city council...becomes null and void if not exercised within the time period specified in the resolution granting the application or, if no time period is specified, within eighteen months of the date of approval." [Emphasis added.] WERTZ MCDADE WALLACE MOOT [217534v I /1519-022] "" ' LAWYERS B ROWER,A PC Don Neu, Planning Director May 26, 2010 Page 4 To the contrary, we believe the first time extension development permit resolutions were explicit in providing a timing mechanism. While the City need not have explicitly stated a timing mechanism in view of CMC 21.58.020(b) (set forth above), the City reiterated CMC Section 21.58.020(b) by stating as condition 8 (quoted on page 2 herein) that the permits would be null and void upon the expiration of tentative map. The timely approval and recording of the final map met the timing mechanism of the development permits. The development permits were exercised by the approval and recording of the final map within the time period specified in the resolutions consistent with the "time period specified" of CMC Section 21.58.020(a) (see footnote 1 herein). By their terms, the development resolutions could not become null and void if the final map was approved and recorded. Request: In view of the above, we conclude that the approval and recording of the final map "exercised" the development permits and therefore the processing and approval of the Tentative Map Time Extension application is not required. We respectfully request that the City remove the matter from the Planning Commission agenda and process whatever grading and building permits are necessary for the completion of this project. We would appreciate the City's processing of the grading and building permits in a timely manner. The cost and commitment to record the final map were immense. Substantial development fees were paid to the City; easements were recorded in favor of the City and financial guarantees were provided to the City. Our client relied on his understanding that the recording of the final map secured all his approvals. His understanding and reliance were bolstered by the City's inaction to process the March 2008 Extension Application once the final map was recorded. Enclosure cc: Kwan L. So Paul J. Klukas, Planning Systems (via email) Jane Mobaldi, Carlsbad Assistant City Attorney (via email) Jason Goff, Carlsbad Planning Department (via email) Gregg Linhoff (via email) WERTZ MCDADE WALLACE MOOT [217534vl/1519-022] " " "LAWYERS BROWER,APC From: Jason Goff [mailto:Jgoff@ci.carlsbad.ca.us] Sent: Thursday, December 04, 2008 1:42 PM To: Paul Klukas Cc: Chris DeCerbo; Don Neu Subject: Re: Calso CT 02-28x Paul, This is no different then other projects we process in the City. For example, say you have a Tentative Subdivision Map (CT) that is combined with a Planned Development Permit (PD) for architecture. It is possible to record the map and not pull any building permits for the homes. In this case the PD expires and you have a recorded map. To build the homes you'd end up having to go back through the PD process to get the architecture approved again. We cannot grant a blank check with respect to time in pulling building permits on a project. The La Costa Townhomes project, Condition No. 8 of SDP 03-18x1 (PC Resolution No. 6246), which reads: This approval shall become null and void upon the expiration of Tentative Map CT 02-28x1, was placed on each of the associated permits, purely for the purpose of tying each of the permits together with the tentative map should it be allowed to expire. At the time if you'll recall, there was no end in sight for the legal issues that were troubling this project. This condition was added in the off chance that the map was allowed to expire; all other permits would therefore also expire at the same time. It was not recognized at the time that the original approvals did not include our standard condition of approval addressing the timing of building permits, which reads: This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Because each of the approving resolutions were not explicit in providing a timing mechanism, the timing of the permits reverted back to the City of Carlsbad's Zoning Code under Chapter 21.58 entitled Revocation - Expiration, which renders each permit null and void after 18 months from the date of approval if no time period is specified (please see C.M.C. Section 21.58.020). This means SDP 03-18x1, CP 02-13x1, HDP 02-14x1, and HMPP 06-06 expired on August 21, 2008 (18 months from the PC approval on February 21, 2007). However, because your applicant filed a timely application to extend the Tentative Subdivision Map back in March of 2008, and with it all other permits, the other permits have not officially expired and therefore we are able to take. SDP 03-18x2, CP 02-13x2, HDP 02-14x2, and HMPP 06-06x1 on to the Planning Commission for the necessary extensions. In your email you indicate that you are always concerned with noticing the public and taking a matter to the Planning Commission when they have no discretion to deny or change the project. This is not entirely accurate. The Planning Commission can receive comments from the public, consider those comments, and act on them accordingly should they wish too. Please note however that we have every intention to support this project, and to the fullest extent see to it that it is developed as it was originally approved. Furthermore, given the state of the economy we can even support the idea of a longer expiration period should it be necessary. This will need to be further discussed in more detail prior to hearing. We cannot however have an open ended time frame for development of this project; and therefore a condition of approval to this effect must be applied to each of the respective permits. Presently, we have on file SDP 03-18x2, CP 02-13x2, HDP 02-14x2, and HMPP 06-06x1. We have a signed Notice of Time Limits and Disclosure Statement from Kwan L. So. Assuming that he is still the property owner, I think we have everything we need, minus a noticing package to take these extensions to hearing as soon as possible. Please call or email us as soon as possible if you have any questions. Thank you. Jason Goff Associate Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4643 jgoff@ci.carlsbad.ca.us CITY OF V CARLSBAD Planning Department FILE COPY www.carlsbadca.gov May 18, 2010 Planning Systems Attn: Paul Klukas 1530 Faraday Drive, Suite 100 Carlsbad, CA 92008 SUBJECT: SDP 03-18x2/CP 02-13x2/HDP 02-14x2/HMP 06-06x1 - LA COSTA CONDOMINIUMS (TIME EXTENSION) Your application has been tentatively scheduled for a hearing by the Planning Commission on July 7, 2010. However, for this to occur, you must submit the additional items listed below. If the required items are not received by June 2, 2010, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1.As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) B) C) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 © IxWlSDP 03-18X2/CP 02-13X27HDP 02-14x2/HMP 06-06x1 - LA COSTA CONDOMINIUMS May 18, 2010 Page 2 D) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, JASON GOFF Associate Planner JG:sm Attachment c: CALSO, LLC, Attn: Kwan L. So, 2683 Costebelle Drive, La Jolla, CA 92037 File Copy I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: . RECEIVED BY DATE: PLANNING SYSTEMS December 11, 2008 Don Neu CITY OF CARLSBAD Planning Director 1635 Faraday Ave. Carlsbad, CA 92008 LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION Dear Don: We received the email response from Jason Goff in regard to the concerns that Calso, LLC has on the need to proceed with time extension actions on the SDP, CP, HMPP and HDP for La Costa Condominiums project, even though the final map has been approved and recorded. We are still concerned over this additional unanticipated process. Please consider the fact that even prior to the approval of the Final Map for CT 02-28x1, the California Legislature approved SB-1185, which extended all approved tentative maps for an additional 24 months (12 of which are automatic). We anticipate that this action tolls all related entitlements together with the CT. Is this not accurate? We appreciate that the Planning Department is agreeing to support the time extensions. But nonetheless, Calso, LLC is subject to financial risk associated with unknown and after-the-fact public input and Planning Commission discretion to reconsider or change a project which has been finaled, and for which substantial funds have been expended in reliance on this final map and the conditions as worded in the approval documents. Paulj. Klukas Director of Planning cc: Ronald Ball, City Attorney Jason Goff Kwan So Gregg Linhof f 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (7160) 931-5744 • info@planningsystems.net From: Jason Goff To: Paul Klukas CC: Chris DeCerbo; Don Neu Date: 12/04/2008 1:42 PM Subject: Re: Calso CT 02-28x Paul, This is no different then other projects we process in the City. For example, say you have a Tentative Subdivision Map (CT) that is combined with a Planned Development Permit (PD) for architecture. It is possible to record the map and not pull any building permits for the homes. In this case the PD expires and you have a recorded map. To build the homes you'd end up having to go back through the PD process to get the architecture approved again. We cannot grant a blank check with respect to time in pulling building permits on a project. The La Costa Townhomes project, Condition No. 8 of SDP 03- 18x1 (PC Resolution No. 6246), which reads: This approval shall become null and void upon the expiration of Tentative Map CT 02-28x1, was placed on each of the associated permits, purely for the purpose of tying each of the permits together with the tentative map should it be allowed to expire. At the time if you'll recall, there was no end in sight for the legal issues that were troubling this project. This condition was added in the off chance that the map was allowed to expire; all other permits would therefore also expire at the same time. It was not recognized at the time that the original approvals did not include our standard condition of approval addressing the timing of building permits, which reads: This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Because each of the approving resolutions were not explicit in providing a timing mechanism, the timing of the permits reverted back to the City of Carlsbad's Zoning Code under Chapter 21.58 entitled Revocation - Expiration, which renders each permit null and void after 18 months from the date of approval if no time period is specified (please see CMC. Section 21.58.020). This means SDP 03-18x1, CP 02-13x1, HDP 02-14x1, and HMPP 06-06 expired on August 21, 2008 (18 months from the PC approval on February 21, 2007). However, because your applicant filed a timely application to extend the Tentative Subdivision Map back in March of 2008, and with it all other permits, the other permits have not officially expired and therefore we are able to take SDP 03-18x2, CP 02-13x2, HDP 02- 14x2, and HMPP 06-06x1 on to the Planning Commission for the necessary extensions. In your email you indicate that you are always concerned with noticing the public and taking a matter to the Planning Commission when they have no discretion to deny or change the project. This is not entirely accurate. The Planning Commission can receive comments from the public, consider those comments, and act on them accordingly should they wish too. Please note however that we have every intention to support this project, and to the fullest extent see to it that it is developed as it was originally approved. Furthermore, given the state of the economy we can even support the idea of a longer expiration period should it be necessary. This will need to be further discussed in more detail prior to hearing. We cannot however have an open ended time frame for development of this project; and therefore a condition of approval to this effect must be applied to each of the respective permits. Presently, we have on file SDP 03-18x2, CP 02-13x2, HDP 02-14x2, and HMPP 06-06x1. We have a signed Notice of Time Limits and Disclosure Statement from Kwan L. So. Assuming that he is still the property owner, I think we have everything we need, minus a noticing package to take these extensions to hearing as soon as possible. Please call or email us as soon as possible if you have any questions. Thank you. Jason Goff Associate Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4643 jgoff@ci.carlsbad.ca.us >» "Paul Klukas" <pklukas@planninqsvstems.net> 11/06/2008 10:52 AM >» Hi Don: I left you a short phone message regarding this but haven't heard back yet. Jason Goff informs me that the City is of the opinion that we need to take the SDPx and CPx back through another PC hearing to extend their life, even though the Final Map for the project was recently approved by the City Council and recorded. Please note that the TM was considered by the City Engineer to be extended since a timely extension request had been filed prior to its expiration on 4/13/08. Thus the Final Map went forward for approval and recordation even after the extension date had expired. And the SDP resolution for the project (Reso. #6246) Condition #8 states that 'This approval shall become null and void upon expiration of CT 02-28x1. And the CP and HDP resolutions (Reso #6247 and 6248) also have the same condition. But the TM never expired. It was ultimately finaled. Jason stated a concern with Chap. 21.06.150 which is the SDP expiration section. This section states that "A site development plan shall expire and be of no further force and effect if building permits are not issued and kept active within the time specified in the resolution of approval or if no time is specified within one year from the date of approval". I believe that the conditions above constitute "the time specified in the resolution of approval", etc. And I'm always also concerned with noticing the public and taking a matter to the PC when they have no discretion to deny or change the project. Please let me know what you think on this. Paul J. Klukas PLANNING SYSTEMS 1530 Faraday Ave. #100 Carlsbad, CA 92008 (760) 931-0780 ph Dklukas@Dlanninqsvstems.net PLANNING SYSTEMS LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION April 23, 2008 Jason Goff CITY OF CARLSBAD Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 RE: CT 02-28x2 - LA COSTA CONDOMINIUMS Dear Jason: Pursuant to your request in the letter from Don Neu dated April 10, 2008, enclosed please find the following: 1. Disclosure Statement 2. Notice of Time Limits for Discretionary Permit Sincerely, M/lA PaW J. Klukas Director of Planning Enclosures 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystems.net FILECOPY City of Carlsbad PI a n n i n g D e p a r t m e n t April 10,2008 Paul Klukas Planning Systems Inc. 1530 Faraday Avenue Carlsbad, Ca 92008 SUBJECT: 1st REVIEW FOR CT 02-28x27 SDP 03-18x21 CP 02-13x27 HDP 02-14x27 HMPP 06-06x1 - LA COSTA CONDOMINIUMS Thank you for applying for time extensions on the following Land Use Permits. The Planning Department has reviewed your Tentative Subdivision Map, Site Development Plan, Condominium Permit, Hillside Development Permit, and Habitat Management Plan Permit, application nos. CT 02-28x2, SDP 03-18x2, CP 02-13x2, HDP 02-14x2, HMPP 06-06x1, as4o~- their completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, -correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide the following information listed on the attached pages so that the project can continue to be reviewed. Please contact your staff planner, Jason Goff, at (760) 602-4643, if you have any questions or wish to set up a meeting to discuss the application. DON NEU Planning Director DN:JG:lt CALSO, LLC, 2683 Costebelle Dr., La Jolla, CA 92037 Chris DeCerbo, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CT 02-28x27 SDP 03-18x2/CP 02-13x27 HDP 02-14x27 HMPP 06-05x1 - LA COSTA CONDOMINIUMS April 10,2008 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please have the property owner sign and returned the following documents (see enclosed: a. Disclosure Statement, and b. Notice of Time Limits for Discretionary Permit. Engineering: The Engineering Department has no issues. Fire: — The Fire Departments has no issues.