HomeMy WebLinkAboutZC 212; E JEFFERSON BTWN. LAGUNA & HOME R-3 TO R-P; Zone Change (ZC), . ..--: .. ~--1 -~--i
Rec. , ..
APPLICATION NO. ZONE CH!\NGE_ 'A,{! -~/2-
CITY OF CARLSBAD
(Please Type or Print)
1. REQUEST: Zone Change from the present exj s t i ng_Q.~-_~-=-___ _
zone(s) to the K-P ~~--------------_________________ zone(s)
2 . LOCATION: The subject property is generally located -on the 1.3'Z.
E~~--c sid e 0 f :r ~~~o \oJ bet wee n lA.G:.\,) lY!.\
and b\. Qt1. E-P]"V
3. ASSESSOR'S NUMBER: Book'Z..o'3 Page2..01 Parcel 1,_
13.00 k ---Page Parcel ---------(If more~ please list
on bottom of this page).
4 . PROPERTY OVJNCZ'S SIGtJATIIRE _l\~dress City Zip Phone iDKl[s .]-.: . ..k_ 34,-,-~"-'-'~"'-"-'~"--SS--CA-t1J-"-S&o---l\-~-""<::>--'-'-E-"-~---=-~'-'--\'---=-' 1 <:>
5. APPLICANTS SIGNATURE:
I hereby declare that all information contained within this
application is true.
Name Address ~ity Zip Phone
Representing (Company or Corporation)
Relationship to P~.~e~r~tYL-O~~~ln~e~r~(s~·~) __________________________ __
6 . 1st his Y' e que s t -c 0 n sis ten t vJi t h the 'G en era 1 P 1 a nan d a p p 1 i cab 1 e Specific Plans? __ ~~~=~~ __________________________________ ___
Pl ease note: As pe r Secti on 21.52030 of the Ci ty Code, the
Planning Director must find that this request is consistent
with the General Plan or applicable Specific Plans, or the
application shall not be accepted. This determination may
be appealed to the Planning Commission and City Council.
The City of Carlsbad Planning Department would appreciate the oppor-
tunity to work with the applicant throughout the Planning Stages of
the proposed development. In an effort to aid the applicant, the
Planning Department requests that it be given an opportunity to
evaluate and discuss the application and plans prior to submittal.
This request is not a requirement; however, it may avoid major re-
drafting or revision of the plan whicll only serves to lengthen the
processing time.
ATTACHMENTS: 7)ewhufsl
CD Supplemental Information Form ~-;dnning 21
Preparation Check List -P' . .;'dii.ng 30
Procedures -Planning ~.,
FORM Plann;ng_ ::1 ____ Date of Planning Commission Appr-oval
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BY
. ,
~ OF r.ARLSGAD
REQUEST FOR REFUN~
FOR ZC-212
3.32.030 REFUND
.'. :. ...
(A) WHEN NOT OTHERWISE PROHIBITED BY LAW, THE tITY COUNCIL MAY AU-
THQRIZE ~ REFUND·OF ALL OR PART OF ANY FEE COLLECTED PURSUANT
TO THt CARLSBAD M0NICIPAL CODE IN ACCORD WITH THE PROCEDURES
OF THIS SECTION. . ,
...
(B) A HRITTEN REQUEST FOR REFUND SIGNED BY THE PERSOn PAYING THE'
FEE SHALL BE FILED \'IITH THE CITY t·1AUAGER SETTING fOKTH THE
FActs AND ·REASONS \':rn CH JUST I FY THE· REQUES T . ..
ce) THE CITY MANAGER SHALL INVESTIGATE THE REQUEST AND FORWARD IT
TO THE CITY COUNCIL WITH HIS RECOMMENDATION.
(D) -THE CITY COUNCIL MAY GRANT THE REQUEST IN WHOLE OR IN"PART IF
THE), FIND THAT:
(1) THE FEE WAS PAID UNDER A MISTAKE OF LAW OR FACT; OR
(2) THE CO~SIDERATJON FOR WHICH ~HE FEE WAS PAID HAS NOT
BEEN RECEIVED AND THE CITY HAS NO MORAL CLAIM TO THE
HONEY; OR
(3) 11 IS INAPPROPRIATE AND "INEQUITABLE TO RETAUi.Tl-1E'FEE,
~ WHICH IN GOOD CONSCIENCE, ~QUITY ·AND JUSTICE SHOULD BE
. RETURNEDi OR
(~) A REFUND IS NECESSARY TO PREVENT AN EXTREME HARDSHIP
UPON THE PERSON PAYING THE FEE FOR WHICH SUCH PERSON
IS NOT RESPONSIBLE.
(E) UPON RECEIPT OF AN AUTHORIZATION FROM THE CITY COUNCIL, THE
CITY TREASURER SHALL MAKE, THE REFUND. (ORD. 1184 S i,' 1975).
DATE
DATE
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CITY OF CARLSBAD
1200 EI m Avenue
Carlsbad, CA. 92008
(714) 729-1181
ehaSing No. _______ _
Dept. No. _________ _
Vendor No. _________ _ REQUEST FOR WARRANT
The Director of Finance is hereby requested to draw a warrant payable
To: DONALD Or:WlURS'r
3425 SeQ.crest. Dri VG
Car1eb",.o, Cl'... 92008
IN PAYMENT OF THE FOLLOWING: ACCOUNT NO. AMOUNT
Cancellation
for rezoning
Authorized By:
City Manager
Requested By:
De/?artment Head
of their
(ZC-212) •
applica'i:ion ~1-000-4801 $155.00
11~5 00 TOTAL _>,_;.}_e _______ _
Approved By:
Purchasing Agent
• CITY OF CARLSBA~
REQUEST FOR REFUND
• •
REFUND HAS BEEN REQUESTED I N THE At-lOUNT. OF $ ._...:./_S_' _5_ . ....;0:..--0' _____ -..:...
BY tJoNt:tlcl . t/t'wAl-1YSt
FOR 2 C; -')../):....
:' ~
0'
3.32.030 REFUND
CA) WHEN NOT OTHERWISE PROHIBITED BY LAW, THE CITY COUNCIL MAY.AU-
THORIZE·~ REFUND OF ALL OR PART OF ANY FEE COLLECTED PURSUANT
TO THE CARLSBAD IltUNICIPAL CODE IN ACCORD VllTH THE PROCEDURES
OF THIS SECTION. . .
....
(B) A \'/R I TTEN REQUEST FOR REFUND SIGNED BY THE PERSOi! PAY H~G THE'
FEE SHALL BE FILED VIlTH HlE CITY r·~M~AGER SETTING FORTH THE
FACtS AND. REASONS WHICH JUSTIFY THE REQUEST, .
ec) THE CITY MANAGER SHALL INVESTIGATE THE REQUEST AND FORWARD IT
TO THE CITY COUNCIL WITH HIS RECOMMENDATION,
(D) -THE CITY COUNCIL MAY GRANT,THE REQUEST IN WHOLE OR IN PART IF
THEf FIND THAT:
(E)
..:
(1) THE FEE WAS PA,ID UNDER A fltISTAKE OF LAVI OR FACT; OR
(2) THE CONSIDERATION FOR HHICH .THE FEE HAS PAID HAS NOT
BEEN RECEIVED AND THE CITY HAS NO MORAL CLAIM TO THE.
HOr~EY; OR
(3) IT IS· INAPPROPRIATE AND 'INEQUITABLE TO RETAIN':nIE ·FEE,
~ WHICH IN GOOD CONSCIENCE, ~QUITY ·AND JUSTICE SHOULD BE
. RETURNED i OR .
(~) A REFUND IS NECESSARY TO PREVENT AN EXTREME HARDSHIP
. UPON THE PERSON PAYING THE FEE FOR WHIC~ SUCH PERSON
IS NOT RESPONSIBLE.
UPON RECEIPT OF AN AUTHORIZATION FROM THE CITY COUNCIL J THE
CITY TREASURER SHALL MAKE. THE REFUND .. (ORD. 1184 S 1,·1975).
X· ,
··SIGNATURE OF APPLICANT DAlE
DEPARTMENT HEA'D DATE
'. \
C IT)' ~1I\NAGER DATE
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i-t i CITY OF CARLSBAD I ! I 1200 ELM AVENUE • CAR LSBAD. CALI FORNIA 92008 t ~ 729-1181 > I I ,
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I ( A/C. NO. DESCRIPTION AMOUNT i "
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1"d-378 TOTAL /~Tr--
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APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time of SUbmitting their application .
. ~'i'hen this. form has been completed and signed, the information will be relied
upon by them in determining if a conflict may exist, so please ensure that
all of the informa·tion is completed and accurate. If at anytime before a
final action on your application has been rendered, any of the information
required by this disclosure changes, an amendment reflecting this change must
be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, its legal
address and the name and address of each individual person who is a general
and/or limited partner or member .of the joint venture.
Should one or more of the parties be a privately "held corporation (IO share-
holders or less) or a real estate syndication, then please state the state of
incorporation or syndication, corporate number, date of incorporation or
syndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full name and address of the
corporation, the place of its incorporation, number of shareholders, and the
name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
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If after the information you have submitted has been
that further information is required, you will be so
reviewed, it is determined a~~_US--~
APPLICANT:
AGENT:
MEMBERS:
~~-V'~Q'~~~~
Business Address
Telephone Number
Name
Business Address
Telephone Number
Name (individual, partner, joint
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
Home Address
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
relied upon as being true and correct until amended.
BY
Agent, Owner, Partner
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2)
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SUPPLEMENTAL INFORMATION FORM
CHANGE OF ZONE
Gross Acres (or square footage if less than acre) 6\:>C'k) ~f'Plt .. lnc.
Present Zone e.--.s Proposed Zone .'"Q.-P --~--~------------~---------------------
3) . General Plan Land Use Designation
4)
5)
6)
7)
Source of Water Supply ~'\.I:" 0 \"=-6o..ru.!?tSo..o
Types of 'Protective Covenants to be Recorded _~~C~~~E __________________ _
Transportation Modes Available to Service the Development
0"1
8) School District Serving the Property
CA 'CtJ ~~~ Q l) Y\ l \= ~ \ E:..~ Sc...Ir-\.Otl \ '1) \ ~ -C TU <:-""T'
9 1 This application for a Change of Zone is supported by the
following reasons:
a} Such a' Zone Change is warranted because . \\'{.~. 14~o·· \~ (bE.ttE.~ C;u n:e.o . 6.~
b} Such a Zone Change will be in the interest of furtherance of
public welfare because .. Bli-n'£.'l .. : . -Su'" 't:'~ t~-:"::,-·---~--.,.-rp'-Tl.Q'-· -~--~-'''''''6''"\-(:!\-__ --(::),-, -~-£..------
c) The permitted uses in this proposed reclassification will not be
detrimental in ~ny way to surrounding propertie~ because
. '\\\E.. . \\~e.\~~ Q¢' \HE....· ?fZ..()e-e.lL\\~ \'" \\'\~----
, -,.,
d) The property in this application is more suitable for the
proposed zone than the existing zone because . ··SE~ ~) L\~G'e---------
e) v.lhat were the original deed rest-riction, .if any, concerning the
type and class of permitted uses on the subject property?
(Give expiration date of these' restrictions) . -----------------lVu"'\ "i.-
FORM PLl\NN] NG 21 Dl\'l'E OF PLl\NNING COJl.1MISSION APPHQVAL
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PREPARATION CHECK LIST
GENERAL PLAN N~ENDMENT/ZONE CHANGE
DOCUMENTS REQUIRE:D FOR SUBMI'I'TAL:
11) Application with supplemental information sheet completed.
/2) Environmental Impact Assessment or Report with Fees (if required).
~3) Phot6st~bic copy of deed with complete legal description of
subject property or other form of description acceptable to the
Planning Director.
4) Fee: $100.00 plus $5.00 per lot.
5)
6)
7)
8)
C 2?
9)
10)
300 Foot Radius Map - A map to scale not less than 1" = 200'
showing each lot within 300 feet of the exterior boundaries of
the subject property, and each lot within 300 feet of the
exterior boundaries of the subject property shall be consecutively
numbered to correspond with the property owner's list.
Property Owner's and Occupant's List -Two copies of a typewritten
list on self-adhesive (Avery) labels of the names and addresses of
all persons owning property (as shown on the latest equalize
assessment roll) and persons in possession, if different, within
a 300 foot radius of the exterior boundaries of the subject
property. The latest equalized assessment roll is available in the _
office of the Assessor of San Diego, 1600 Pacific Highway,
Room 103, San Diego, CA o , 236-3771.
Disclosure statement.
A 'vlritten statement by the City Engineer that he finds there is
adequate Sewer capacity available for the proposed use at the
site or that he--finds that the proposed use and site can be
adequately served byaltgrnative city approved onsite sewer
system. Applicant, please>no-t::e, this determination must be
done prior to submitting applica~i9n and it may require prep-
aration on your part to provide sutf'i-e;Lent evidence to the
City Engineer. It .is suggested you make-e~ contact with the
Engineering Deaprtment for such determination.
For residen~ia~ projects within Vista, San Marcos, Encinitas or
San Diegui to Sc~ol Districts, ·the applicant shall indicate
whether he prefer~land for school facilities, to pay a fee in
lieu thereof, or do~a combination of these o If, the applicant
prefers to dedicate land, he shall suggest the specific land.
For resid~ntial projects within the Carlsbad Unified School
District, the appli&ant shall submit written confirmation that
school facilities wil~ be available and serve the prject at
time of need.
Public Fac'ili ty Secured reement: Secured agreement with
application submittal secu 'ty (bond, cash deposit, etc)
prior to tentative approval.
FORM PLANNING 30
• -PROCEDURES
1) Application to Planning Cornmission: In an effort to aid the
applicant, the Planning Department requests that it be giyen an
opportunity to evaluate and discuss the application in its various
stages of development prior to submittal. It is more effective if
applicant meets directly with staff; however, written or telephone
communication is acceptable. It is the responsibi'lity of the
applicant to make the initial contact for such meeting.
2) Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3) Review: After accepting the application staff will submit it to
the department review board (DCC)' to ascertain if further information
is necessary. Staff will attempt to conclude this review within
two weeks, but in no case shall the review period be longer than
30 days from receipt of application.
4) Notice; Upon completion of the application review, the applicant
will b·e informed by letter if further information is required if
any, or if the application is complete what date it will be heard
by the Planning Commission.
5) Planning Commission Calendar: The Planning Commission adopts an
annual calendar that indicates application closing dates, staff
review dat.es, a staff recommended review dates as well as Planning
Commission hearing dates. The date your request will be heard is
selected from this calendar. You may acquire this calendar at the
Plan~ing Department.
6) Staff Review: Staff prepares a report for the Planning Commission.
This report is reviewed by the Departmental Coordinating COlnmittee
(DCC), which is made up of representatives from the departments of
Planning, Engineering, Fire, City Manager and other as may be
necessary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon completion of this
review, staff will prepare final staff recommendations to be sub-
mitted to the Planning Commission. The final report with rec-
ommendations will be available at the Planning Department five days
prior to the Planning commission hearing (Friday afternoon prior to
the Planning Commission meeting date).
7} Hearing: The Planning Commission meets every 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Planning Commission will either make a recommendation and forward
to City Councilor take final acfion.
8) . Appeals: Final actions by the Planning 90mmission may be appealed
to the City Council,·provided such appeal is filed within ten
llO) days after the Planning Commission actipn. The applicant
should review with staff the procedure on the various types of
applications.
9) Final Decision: The City will notify the applicant and property
owner of the final decision.
FORM: PLANNING 36 DATE 01" PLANNING COMMISSION APPROVAL DEC. 6, 1978.
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R!:CORDING PifEQU!:STEO BY
SO~~ CITIES ESCROW CO. (Carlsbad) 79-2Jb~43
IIU/PAG£ 110 _____ _
""'D WHUf 'IIICCOJloto M~ll. tHI, DUD -'NO UPofLUI O"THIR Will SHOWN IELOW ...... ,\. TA.X ,T"TIMENT' TO: 800~ 19n
RECORDED ~[QU[Sr OF
TERRA TITlE COllPANY
HA .. a r 00..... Mr. & Hra. Donald K. De\lhurst
e,,,. Hs. Lillian Walker
J UN 1 1 B:OO .4M '79
OfFICIAL RfCORDS
SAN DIEGO COUNIY, CALIF. R£CORDER "'i:: I ~!rs. Audie W. Hasaclmeier
L.:J.747 Roosevelt
Tille O,,'r,c~~f9bad, fA 9:jQP#", ~o. J C)ILI",LI-t=-
.J
51'AC[ ABOVE THII LINE ~Oll: I'IICO"O)[~" u.~
BHANT HEED
,-.... ,., TAX 'AIlI
H' i If •• : .. -( RECO'M'if
The uncierc;.i,!!'Hrti ci('(-lnrf''' Ihal Ihr dnr-utl1rnloty I tlll1:<rf't lox j~ ! .. 82.50 ............................... _ .................. _ ............. and i.
[Xl ("011111111('(1 on the ruJl \nlu(" or Ihe inlrrf'''' or propf'rtr (,oll\~)('d. or i~ o romp"I!''' on Ih(' full, ulur Ir.;;'1 lilr ,nine or li('tJ~ or en("lImf,rn"('f"~ r"maininJ( therton at Ihe lime of "alt'. The land.
Irllrml'nl", or rrnh\' i~ lcu,tllf'11 ill o 1I11i1H'Orpnrnl~d nrro !Xl rill' or . Carlsbad .......... . .." . , ... , ,. ontl
rOil A "ALl'ABI.E CO;-'SIIJf:IIATlO'i. rrrri,,1 or "hkh I, h ... .J,y orkno" ""fl'"d.
VIRGINIA L. NICOLET, a widaw
hrrd,y GIIA:'>TIS) 10 DONALD K. DEWHURST and LAEL J. DEHIIURST, husband and wife as
Community Property as to on undivided one-half interest, and LILLIAN WALKER, an
unmarried woman and AUDIE WALKER HASSELfffiIER, an unmarried \loman, as Joint Tenants
as to an undivided one-holf interest.
tht' rnlinwinjl,It'.,·ril,,·,1 rrnl prnpf'tly ill thr City Of CllrlRbnd
c:olJntr III San Diego t Ittn'" IIf Culi/mllla:
Tho WORtor!), 111,.00 foot of tho (ollowing dORCl'1bod proportyl
All tllnt portion of Trnct 117 of Cnrlnhnd J.nnd~, in tlIP City or Cllr\Hhnd,
Ct,"nty or Bnn IHI'I]O, Iltllte or CnlHa.rnln, IIccorliinll to Hnl' tlwrQor No. 1661
rJ.l~d 1n till! Office oE tim county I{llcordllr or 80n lJie!lo County, II/Irch 1, HU,
liB MOre lully described on the -attached Exhibit "Alt compriBins one pose.
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"OR NOTARY 5£A1... OR STAM"
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MAIL TAX STATF.~tr.NTS TO rARTY SHOWN ON TOU.OWtNG 1.11'1f.: lr NO rARTY SO SHOWN, MAII.ASOIRr.CTWAnmr.
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LI:l;AI. D[;5(;1I1 PT ION
OlllJl:R NO. 791~('4-F
EXHIBit ~'8,~,~
rhu h'esturly 114.{)O fu<>t or th .. fllllowlllK dus.:rihc,l property:
All that portion of Tract 117 of Carlshao LUIIU5, III tho City of Carlsbad,
County of ~Iln Illogo, Stutu of Cnlifornin, accordln): to mol' thoroof 1\0. IM,I,
filou ill tho \Jfflco uf tlw Coullty Roconlor of Snn UIOKO County, ~Iorch I, 1915,
uoscrlbcd D5 follow~:
lIel:lllnln): Ilt the most Northwesterly corner of sulu rrnct 117, runnlnn. thence
Suuth 80'57'OU" Last ulonl the Northerly lino of said Tract D dlstnnco of
2h2.95 fuet to n point; thence South O'58'OU" West n uistance of 148.(,9 foct;
thence North 89'57'OU" I~"~t to tho I:u~,torly boundary lino of I'ollrth Street, as
suitl Street is shown on sait! Hap No. 1(,61, thence Northerly along th" I:astorly
boundary of said I'ourth Street to t)oo 1'01nt of Beginning.
J:xceptinll frolll ~uill \YtJ~torly 11,1.00 feet tho Northerly 7!l.00 feet thereof.
Aho cxccl'tinjl therefrom that portion de.crlheo in dceu to tho (;lty of (nrlsbud
rucordeu Nay 23, IY67 ns Pile ho, 72H04 of Official ~ccord., belne more particularly
oc>crlbed as follows:
Il"!!i,,nl,,!: at the mo~t 1;orthwtlstorly eorller of sai,l Tract 117; thanco South
O'U5' WoH ul""t tho I:usturly bOlJlluary ef Fourth Street (now I,no"/I U5 Jeffer50n
Street), Il distanco of 114.52 fvot to tho 1HUI: l'OINT OF III:G1NNINl;; ~nld point
bulJl~ thu boxinninl! of 11 tnnuont curvo conclIvu NorthoastorlY, having II radius
of 2b8.31 foot; thenco Southeasterly along snid curvo throulh a centrnl alicia
of 13·50'10", nn nrc distance of 64.79 rellt! thenco North'89'S7' r;eH 7.13 feet
to a poillt 011 the Easterly bounuary of fourth Str~et (now I.IIO'WTl as Jefferson
Streot); thonce North 34'33' Iloot a10nll the linstorly boundary of Fourth I>trllct
(now kno~1 a$ Jefferson Street), 1.15 foet; thence North O'U5' cast alonR the
I:nsterly boundary of I'ourth Street (now known "' Jeffeuon Stre.t), 63.22 feet
tu the TRU~ POINT Of n~GINHJNG.
4/V/79
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II!~rnl)f',llo III,. "ilhin
MAIL TAX STATEMF.NTS TO rARTY SIIOWN ON
N.mfl
1.-1 fO I.~ ('I ....... 7$) .....
FOR NOTARY 5E .. 1. OR ST .. MP
5ttt'f'1 Addf'f'a-t
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Re: Application No. C-23
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Your application for sewer allocation on the Second Phase
Sewer Allocation Program. was approved by the Carlsbad City
Council on December 4, 1979.
TELEPHONE:
(714) 729-1181
'If your project requires a~scretionary per~]}) i.e. .
tentative tract ma , ~lanned Unit Develo ment, condominium
permit, ariance, Conditi~~~l Vs~_~~rmitJ etc. application
for'such perml shal~ be filed within sixty days from December
II, 1979 (on or before February 11, 1980). The applicant is
required to diligently pursue his permit 'to a final decision.
Application for building permit must be filed within forty-
five days from December 11, 1979 (on.or before Janaury 25,
1980), for those projects not requiring further discretionary
permits, or within sixty days after final City action on the
discretionary permit. The applicant is required' to diligently
pursue his permit to a final decision. The City. Council may
extend the time for buildi~g permit applications'an additional
sixty days for major projects.
'If you cannot meet these deadlines you should so indicate on
the application for a sewer permit. If you have any questions
please feel free to contact my office, (714) 438-5591.
Sincerely,
'. ,-;/ ~~~~ /'/ James C. agatnan
Planning Director
JCH:ms