HomeMy WebLinkAboutPlanning Comm Rpts./1995/09/27 (7)
PLANNING COMMISSION AGENDA STATEMENT
Item 3
Meeting Date 9/27/95
ITEM TITLE:
Public Hearing: Home Occupation Permit PCM-96-03; Appeal from a
denial by the Director of Planning of a home occupation permit to
establish an office from which to wholesale used cars from the residence
at 2263 Mountain Ridge Road - Troy K. Pyles.
The applicant has requested a home occupation permit to establish an office from which to
conduct the business of wholesaling used cars from his residence at 2263 Mountain Ridge Road.
The application has been denied by the Director of Planning, and the applicant has appealed the
denial to the Planning Commission.
In the case of home occupation permits, the Planning Commission's decision is final and cannot
be appealed to the City Council.
The Environmental Review Coordinator has concluded that the proposal is exempt from
environmental review as a minor alteration in land use (Class 5, CEQA Guidelines).
RECOMMENDATION: That the Planning Commission adopt attached Resolution
PCM-96-03 denying the appeal in accordance with the findings contained therein.
BACKGROUND:
Mr. Pyles original letter of request to the Planning Director, dated June 30, 1995, is attached as
Exhibit C.
The Planning Director's letter of denial, dated July 7, 1995, is attached as Exhibit B. The
reasons the request has been denied are stated in that letter as follows:
1. The home occupation regulations (CVMC 19.14.490) refer to "customary" home
occupations, and cite several typical examples such as handicrafts, laundering,
home cooking, or a secondary office of a doctor, architect or like professional.
Auto wholesaling is not considered to be similar in nature to these customary
categories of home occupations.
Page 2, Item ~
Meeting Date 9/27/95
2. You state that vehicles would be stored off-site. However, the opportunity for
a vehicle or vehicles to be stored at or around the residence, thereby creating a
nuisance in the neighborhood (see CVMC 19.14.490C, "or other causes") would
be difficult if not impossible to monitor or control, and would therefore argue
against auto wholesaling as a home occupation irrespective of the fact that it does
not fit within the customary categories.
Mr. Pyles appeal statement and supplemental letter dated July 19, 1995, are attached as Exhibit
A. The basis for the appeal as stated in the letter are as follows:
1. The office activity intended to be conducted at my residence is:
a. similar in nature to the customary office activity typically approved, and;
b. would cause zero impact to the neighborhood unlike other typically
approved activities.
2. Paranoia about storing vehicles on my property is unfounded and unprofessional.
I have stated in writing that I do not plan to store vehicles on my property. For
you to continue to suggest that I would need monitoring to ensure that I was an
honest individual is a personal attack on my integrity that has no basis.
The City's Home Occupation regulations (CVMC 19.14.490) read as follows:
"In any R zone, a customary home occupation may be permitted subject to a home
occupation permit granted by the planning director which is merely incidental and
secondary to residence use. Each such permit shall be accompanied by the Required
Filing Fee(s). The following are typical home occupations: fine arts, handicrafts,
dressmaking, millinery, laundering, preserving, home cooking, route salesman; or
secondary office of a doctor, dentist, lawyer, architect, engineer, teacher or member of
another recognized profession. The home occupation shal1 not:
A. Involve the use of power equipment using motors of more than a total of one
horsepower capacity or the equivalent thereof, unless a use permit therefor shall
have been issued by the planning commission;
B. Generate vehicular traffic in excess of that associated with a residential use;
C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke
electrical interference, or other causes;
Page 3, Item ~
Meeting Date 9/27/95
D. Permit any external display products, merchandise, or any sign to identify the
home occupation. A home occupation permit shall be revoked by the planning
director upon violation of any requirement of this chapter, or upon any conditions
or limitation of any permit issued, unless such violation is corrected within fifteen
days of notice of such violation, and any such permit may be revoked for
repeated violation of the requirements of this section or of the conditions of such
permit.
In the event of denial of any permit, or the revocation thereof, or of objection to the
limitations placed thereon, appeal may be made in writing to the planning commission,
whose decision shall be final. "
DISCUSSION:
The staff position with respect to this request has not changed. The regulations do not allow
external display of products (19.14.490D), and it would be impossible to monitor or control
vehicle storage related to such a use (how would a "stored" vehicle be distinguished from a
resident or guest vehicle in the neighborhood?) In fact, this dilemma has prompted staff to
include with various other proposed draft amendments to the Home Occupation regulations, a
specific prohibition against auto wholesaling from the home. These amendments will be
presented for Commission and Council consideration in the next few months.
The staff recommendation is to deny the appeal.
Attachments
Planning Commission Resolution PCM-96-03
Locator
Exhibit A - Appeal Statement and Supplemental Letter dated July 19. 1995
Exhibit B - Planning Director's Letter of Denial dated July 7, 1995
Exhibit C - Original Letter of Request dated June 30, 1995
Disclosure Statement
(m:\home\planning\ann\pcm9603.rpt)
RESOLUTION NO. PCM-96-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
DENYING AN APPEAL OF A HOME OCCUPATION PERMIT TO
ESTABLISH AN OFFICE FROM WHICH TO WHOLESALE USED CARS
FROM THE RESIDENCE AT 2263 MOUNTAIN RIDGE ROAD WITHIN THE
P-C PLANNED COMMUNITY, SINGLE FAMILY RESIDENTIAL ZONE
WHEREAS, a duly verified appeal was filed with the City of Chula Vista Planning
Department on July 20, 1995 by Troy K. Pyles, and;
WHEREAS, said application appeals the decision by the Planning Director to deny an
application for a home occupation permit to establish an office from which to wholesale used
cars from the residence at 2263 Mountain Ridge Road within the P-C Planned Community zone,
and;
WHEREAS, the Environmental Review Coordinator has determined that this project is
a Class 5 exemption from environmental review as a minor alteration in land use under the
California Environmental Quality Act (CEQA), and;
WHEREAS, the Planning Director set the time and place for a hearing on said
application and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city and its mailing to property owners within 500
feet of the exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely September
27, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission, and;
NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION
DOES hereby find, determine, resolve, and order as follows:
I. Findings.
A. The home occupation regulations (CVMC 19.14.490) refer to "Customary" home
occupations, and cite several typical examples such as handicrafts, laundering,
home cooking, or a secondary office of a doctor, architect or like professional.
Auto wholesaling as a primary rather than secondary office use and involving
"products" which cannot be stored indoors is not considered to be similar in
nature to these customary categories of home occupations.
B. The Home Occupation regulations do not allow the external display of
merchandise (CVMC 19.14.490D). The opportunity for a vehicle or vehicles to
be stored at or around the residence, thereby creating a nuisance in the
neighborhood (see CVMC 19.14.490C, "or other causes") would be difficult if
not impossible to monitor or control, and would therefore argue against auto
wholesaling as a home occupation irrespective of the fact that it does not fit
within the customary categories.
II. Denial of Appeal.
The Planning Commission hereby affirms the decision of the Planning Director and
denies the appeal.
III. A copy of this resolution shall be transmitted to the applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 27th day of September by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher II, Chair
Nancy Ripley, Secretary
(m: \home\planning\ann\pcm9603 .res)
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT T K Pyl PROJECT DESCRIPTION,
C) APPLICANT, roy. es MISCELLANEOUS
PROJECT 2263 Mountain Ridge Road Request: A home occupation permit for
ADDRESS,
wholesale vehicle dealers office.
SCALf, FilE NUMBER,
NORTH 400' PCM.96.03
EXHIBIT A
APPEAL STATEMENT AND SUPPLEMENTAL LETTER
DATED JULY 19, 1995
.
City of Chula Vista
Planning Department
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Date R~ceived ;;;z~-~- ." /
Fee Pa,d :.? .cc .d;r?~';'/
Receipt No. /Y'Y.5-;>~-
Ca se No: /t" /?'7 -9/.- -r~ OJ
Appeal Form
Appea1 from the decision of:
~ Zoning 0 Planning
Administrator Commission
H 1&'1'?O''''TT<:
clI,o.. 1? E:",~1)>oJ...S
o Design Review
Committee
Appellant:l\<.c'I K. '?YL~
Address:
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Request for: DMI!:" ocC~"'A"'''''''' "'F'~ ~.T 13...s~I..,(Q5 l..IC-l:....... s.. CL"I"S$IF'> ~ ""TI..... C'4f'I>JC~
Example: zone change, variance, esign review, etc.
Please state wherein you bel ieve there was an error in the decision of I!ZA OPC [JDRC
for the property located at: ZZ.~3 "'t>....~..... 1;!..i::>au-~. C+NL'" 1.l,'T1\ cA
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To:
Planning Department
Do Not Write In This Space
Date Appeal Filed:
Case No:
Date of decision:
Receipt No:
The above matter has been scheduled for public hearing before the:
Planning Commission City Council on
Planning Commissi~n Secretary City Clerk
(This form to be filed in triplicate.)
PL-60
Rev. 12/83
HIGHPOINTE RESTORATIONS
2263 Mountain Ridge Road
Chula Vista, CA 91914
619-482-9828
Robert A. Leiter
Director of Planning
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
July 19, 1995
Dear Sir:
The forms and $350 fee for appeal of the decision rendered on my Home
Occupation Permit request are enclosed.
My appeal is based on:
1. The office activity intended to be conducted at my
residence is:
A. similar in nature to the customary office activity
typically approved
and
B. would cause zero impact to the neighborhood unlike
other typically approved activities.
2. Paranoia about storing vehicles on my property is unfounded
and unprofessional. I have stated in writing that I do not
plan to store vehicles on my property. For you to continue
to suggest that I would need monitoring to ensure that I was an
honest individual is a personal attack on my integrity that has
no basis.
In order to perfect my appeal I will need copies of all the Home
Occupation Permits issued in the past 24 months. Please provide these
as soon as possible but no later than two weeks from today.
I am very interested in the update of the home occupation regulations
you mentioned. Please provide me a copy of the draft of the revised
regulations that the Planning Department has or intends to present to
the Planning Commission. Copies of all the back up information that
will be provided to the Commission describing the problems to be
solved, justification and benefits of the proposed changes, and pro's
and con's of the various alternatives considered are also requested.
~j;;/
/,~ . Pyles
cc: W.R. Nevitt Esq.
EXHIBIT B
PLANNING DIRECTOR'S LETTER OF DENIAL
DATED JULY 7,1995
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cm OF
CHUA VISTA
PLANNING DEPARTMENT
July 7, 1995
Mr. Troy K. Pyles
2263 Mountain Ridge Road
Chula Vista, CA 91914
Subject:
Business License for Auto Wholesaling at 2263 Mountain Ridge Road
Dear Mr. Pyles:
Thank you for your letter of June 30, 1995, regarding your request to obtain a business license
to wholesale automobiles from your home at 2263 Mountain Ridge Road. With respect to the
issues raised in your letter, please note the following:
1. The home occupation regulations (CVMC 19.14.490) refer to "customary" home
occupations, and cite several typical examples such as handicrafts, laundering, home
cooking, or a secondary office of a doctor, architect or like professional. Auto
wholesaling is not considered to be similar in nature to these customary categories of
home occupations.
2. You state that vehicles would be stored off-site. However, the opportunity for a vehicle
or vehicles to be stored at or around the residence, thereby creating a nuisance in the
neighborhood (see CVMC 19. 14.490C, "or other causes") would be difficult if not
impossible to monitor or control, and would therefore argue against auto wholesaling as
a home occupation irrespective of the fact that it does not fit within the customary
categories.
For these reasons, we must unfortunately deny your request. This decision may be appealed to
the Planning Commission. If you wish to appeal this decision, you will need to file an appeal
form and statement, along with a fee deposit of $350.00 within 12 days of the date of this letter.
Principal Planner Steve Griffin would be happy to assist you in this regard. He can be reached
at 691-5257.
You should be also be aware that the Planning Department, along with the City Attorney's office
and Police Department, are presently working on an update of the home occupation regulations
which will address activities such as auto wholesaling, as well as other issues that have arisen
with home occupations in recent years. The update will be scheduled to be considered by the
Planning Commission and City Council within the next few months. You may wish to state
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5101
~ ~........Rlr>d!rlPar
Mr. Troy K. Pyles
-2-
July 7, 1995
your position to the Planning Commission and City Council during the hearing process on the
proposed home occupation amendments noted above. We will keep your name and address on
file and notify you of the hearing dates once they have been scheduled.
Wd LL
Robert A. Leiter
Director of Planning
cc: Steve Griffin, Planning
Ann Pedder Pease, Planning
Ruth Fritsch, Office of City Attorney
Richard Coulson, Police
Attachment: CVMC 19.14.490
(m: \home\planning\nancy\py lcs)
CITY OF CHULA VISTA
EXHIBIT C
ORIGINAL LETTER OF REQUEST
DATED JUNE 30,1995
, '
HIGHPOINTE RESTORATIONS
2263 Mountain Ridge Road
Chula Vista, CA 91914
619-482-9828
Planning Director/
Zoning Administrator
City of Chula Vista
Planning Department
276 Fourth Avenue
Chu1a Vista, CA 91910
June 30, 1995
Dear Sir:
In accordance with the prov1s10ns of section 19.14.490, approval of
a Home Occupation Permit is hereby requested to permit establishment
of a Wholesale Vehicle Dealer's office at the above address zoned
PC. Time is of the essence in this matter and a written reply is
requested by July 10, 1995.
Please objectively consider the following points in making your
determination:
1. A Wholesale Vehicle Dealer operation bears little resemblance to
a Retail Vehicle Dealer's operation. There is indication that your
staff is not fully aware of the differences. As a result, requests
for approval to establish a wholesale only office may possibly be
erroneously judged based on the common vision of a retail sales lot.
2. The guiding Principles governing the exercising of the
provisions of the zoning title include that potential nuisances are
to be measured factually and objectively to protect any uses from
being arbitrarily excluded or persecuted solely on past
characteristics of such uses. (Ref. 19.02.030) There is an
indication that some may tend to adversely view this application
based on an arbitrary characterization of a Wholesale Vehicle
Dealer's office as a nuisance.
~
3. There is an indication that a potential lack of staff to provide
oversight to approved Home Occupation operations may cause you to
take a negative view toward this proposed use of my property. This
concerns me because:
A. The zoning title does not provide for denial of this request
for such a reason.
B. It implies the perceived necessity to provide unusual
oversight to my home office use based on problems previously
encountered in dealing with others (ie. arbitrary
characterization).
4. It is neither my intent nor a DMV requirement to display
vehicles for sale on the property. Please refer to enclosure (1);
an excerpt from DMV publication OL 248. Note that a display area is
not required by the DMV for wholesale only. This is further
confirmed by enclosure (2); DMV form OL 12. In the wholesale
business, sales ag7 ,ments are typically made
Retail Vehicle Dea~~r sales establishments.
phone, FAX or at
5. To minimize risks and capital requirements, my intent is to
purchase vehicles based on orders received. Thus, I will typiQally
have a buyer lined up prior to purchasing at auctions. I anticipate
that I may also encounter unusual opportunities to acquire some
highly desirable vehicles at bargain prices for which no immediate
buyer is lined up. These vehicles may need to be stored briefly
while locating a buyer. Furthermore, vehicles purchased for
shipment out of state will typically have to be stored briefly
awaiting truck transportation. I intend to use offsite storage to
meet such needs.
6. With the exception of the occasional delivery of documents by
services such as Federal Express, UPS, and the Postal Service, this
home office use would generate no traffic in residential areas. It
is anticipated that such deliveries would occur about once or twice
per month. The traffic that would be generated is substantially
less than that generated by secondary offices of professions listed
in 19.14.490 as typical of those envisioned as desirable by the
title.
7. The proposed use conforms to all of the restrictions
19.14.490 for Home Occupations in that:
A. there will be no use of power equipment
B. excessive traffic will not be generated
C. there will be no noise, dust, odor, vibration,
create a nuisance
D. there will be no
or signs. Note: per
a sign for wholesale
listed in
etc. to
external display
enclosures (1) &
only dealers.
of products, merchandise,
(2), DMV does not require
8. I am a Professional Engineer and am employed full time as a
Construction Management Consultant. I have had a strong interest in
automobiles for over 35 years and restore and show award winning
antique autos. A Wholesale Dealer's License is desired for use in a
part time business that is an adjunct to my auto hobby activities
which are conducted primarily at home.
A Business License Application and a Home Occupation Permit
Application are attached for you to complete. The requisite fees
are also attached.
Your favorable consideration and approval of my request will be
greatly appreciated.
Sincerely,
.,.
cc: W.R. Nevitt, Esq.
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An '11p1lc:aUotH!or. BwshID/&-:dealer:k .sa.QltlSlstS':of:.
. .01:12, Part:}., AplJl1caUon for OccupaUonal U~ense
. .OL 2p, part!!. P.ersonal History OuesUoMalre
. 01..21. Par1 C, APpllcatfon for Occupatfonal Uc;ense
. 01.: 25; SurBIy Bond
.' or 01. 94, Cash Bolid
>-.. or OL 64/65, passbook or certificate of deposit
i . CBrtlficatB of Appolntinent .
\''''. Flng~rprint cards
,.
If you are applying for a new Vehlole Delller license, you will also need:"
. E>L124, Certificate of Proposed Franchise (new autoloommerclaland motorCycle
dBalBrs)
. LettBr of Authorization (new trailer and RV dealBrs)
The fenchBdulBls:
$151.00 For an original application
$ 32.00 Fingerprint fee-ifachcatd
$ 70,00 For each branch
'.$ 29.00 For each dealer plate ",
(This figure may vary depending on Ihe country where your business Is
IOda,tBd) . -
NOTE: . Dealer plates are not required. .
$.100.00 New Molar Vehicle Board (for new auto/commercial" and motorcycle
dealBrs only)
. .
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In addlUo~ to completing the application forms and paying the required fees, your
location must meet the following InspectIon requirements:
. Office
_ The placB actually occupied by the dealer where business Is conducted.
(320(b) cve)
_ All books and reoords pertinent to the busIness must be malnUllniltl at the
office, (320(b) CVC)
. DIBpley area (not required If wholesale only)
_ Must be sltuatBd on the same property
_ Must bB of a suHiclentslze to physIcally accommodate vehlcle(s) of a type for
which Ihe dealership Is licensed to sell (409.00 CA Code bl Reoolatrons)
_ Additional display areas are permitted within a radius of 1,000 feet from the
principal place of busIness and any licensed branch locatfon without being
subject to separate IIcenstng. (409.oo(a) CA Code of Regulatfons)
. Sign (Not req91red \f wholessle only)
_ Notless than 2 square faet (11709(a) CV9)
_ ReadablB from a distance of at teast 50 teet (11700(a) CVC)
_ ProvldB Information as to the deale~& name and address (11'709(a) CVC)
_ PBrmanent In nalure, erected on the exterior of the office orthe.dlsplay area.
(408.00 Code of ReQulallons)
. Zoning
_ Your business location musl be zoned for the type 1:Ifbuslness_you wish to
conduct.
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1. PROPERTY DATE
"Excludes Wholesale Only Dealer
(In"". Ft.) ~A""" Garaae Area- BInn. Ares- Total Area p~o1v is (Check One) L8sse Or Rental Period
Matn Office leased Rented Owned
Branch No.1 Leased Rented Owned .
Branch No.2 ~ leased Rented Owned
Branch No.3 Leased Rented Owned
proaertv Owner'. Full Name . Owner.. AddreSS Citv relonhnnA No.
MalnOlfoce
Branch No.1 .
B<anch No. 2
Branch NO.3
2. IF PROPERTY IS LEASED OR RENTED, COMPLETE THE FOLLOWING
3. NAME, ADDRESS, AND TELEPHONE NUMBER OF BANK WHERE BUSINESS ACCOUNT IS CARRIED.
NAME OF BANK IADORESS OF BANK I TELEPHONE NO.
IF BANK ACCOUNT IS NOT CARRIED UNDER SAME NAME AS SHOWN ON THIS APPlICATION. UNDER WHAT NAME IS IT CARFUEO?
NAME OF PERSON AUTHORIZED TO DRAW FUNDS OR ISSUE CHECKS FROM ACCOUNTS.
CERTIFICATE BY APPLICANT FOR LICENSE
1. I have an established place of business where I agree ta keep all books and records relating to the business, available for,
and open to inspection by any peace officer during regular business hours.
2. I understand that all Report of Sale or Notice of Acquisition Books and Special Plates issued to me by the Department of
Motor Vehicles are property of the State of Califomia and must be surrendered to any authorized, identified Department
. employee on demand.
3. The main place of business and all branches have offices and display. or dismantling areas situated on the same property
where business related to the type of license issued is transacted. ("Except Wholesale Only dealers)
4. The place of business is properly identified by a sign posted in a conspicuous place in each and every location. Such
signs shall provide information relating to the business name and address so as to enable any person doing business
with me to properly identify the business. (Except Wholesale Only dealers)
5. I agree to notify the Department in writing immediately of any change in location of this business or any addition or
deletion of branch offices and to provide simultaneously a complete description of the new location of this business and
the name of the manger there.
6. I agree to notify the Department in writing immediately of any change in the ownership or in the legal structure of this
business and on request from the Department to submit new application papers proper1y reflecting the changes together
with the required fees.
7. I will maintain on file with the Department an authorization to sell each make of new vehicle that I sell and report on new
vehicle reports of sale.
(NOTE: To be signed by sote owner, partner,
or officer of corporation only)
SIGNED
TITLE .
DATE
WITNESSED BY DMV INVESTIGATOR
(2)
~ C\.OSU vlE ((~REV'2I94'
TI-IE, {OF CHULA VISTA DISCLOSURE S. ..EMENT
You are required to file a Slatement of Disclosure of cenain owner.;hip or financial interests, payments, or campaign
contrihutions. on all mailers which will require discretionary action on the pan of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the propeny which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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. 2. If any per.;on. identified pur.;uant to (1) above is a corporation or pannership.list the names of all individuals owning
more than 10% of the shares in the corporation or owning any panner.;hip interest in the partnership.
3. If any per.;on. identified pursuant to (1) above is non-profit organiution or a trust, list the names of any person
serving as director of the non-profit organiution or as trust~ or benenciary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ No~ If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represent you before the City in this matter.
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WILLI A-~--" R. Nevin
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the
current or preceding election period? Yes_ No.J(, If yes, state which Councilmember(s):
Date:
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ignature of contractor/applicant
Print or
. Pmoll is defillcd as: "AllY uulivjduQ~ finn. co-ptJft1&er$hip, joint w:nlIU't, CWOC;GnOll, lOCUlI club, frtumwl orgtlIaW2liOl&, cDIpOTdliOlI, auue, &nul, rcceiw:r, qndictUe,
this wu:J all>, other cow&l)', ciry QluJ COUlltry. cily mwlicipaJity, tWtrKl, Of 0Ih~ poIidcaJ ~bdbUot&, Of wry other group or combintuion ilCling AI . wW."