HomeMy WebLinkAbout1985-10-01; City Council; Resolution 8201RESOLUTION NO. 8201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 225 UNIT TENTATIVE TRACT MAP (CT 84-32) AND PLANNED UNIT DEVELOPMENT (PUD-73) ON 85 ACRES ON PROPERTY GENERALLY LOCATED APPROXIMATELY .3 MILES SOUTH OF PALOMAR AIRPORT ROAD AND JUST EAST OF FUTURE COLLEGE BOULEVARD APPLICANT: CARLSBAD LAND INVESTORS CASE NO: CT 84-32/PUD-73.
WHEREAS, on August 14, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2425 recommending to the City
Council that Tentative Tract Map (CT 84-32) and Planned Unit
Development (PUD-73) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
Sepetmber 24, 1985 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Tentative Tract Map (CT 84-32) and Planned Unit Development (PUD
73); and
WHEREAS, an Environmental Impact Report was prepared
and certified on June 4, 1984 as complete in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the California Environmental Quality Act:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
R. That the findings of the Planning Commission in
Resolution No. 2425 constitute the findings of the City Council
in this matter,
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C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 84-32 and Planned Unit
Development PUD-73 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commission
Resolution No. 2425 dated August 14, 1985 marked Exhibit A
attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
1st day of October , 1985 by the following vote, to wit:
AYES :
NOES:
Council Mmbers Casler, Kulchin, and Qlkk
Council Mehers Lewis and Pettine
ABSENT: None
MARY H. &ASLER, Mayor
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 2425
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF FUTURE COLLEGE BOULEVARD. APPLICANT: CARLSBAD LAND INVESTORS CASE NO: CT 84-32/PUD-73
WHEREAS, a verified application for certain property, to
lit:
All that parcel of land designated as "description No. 5,
103.54 acres" as shown and delineated on record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda in the County of San Diego, State of California, according to Map thereof NO. 823, filed in the Office of County Recorder of San . Diego County, November 16, 1896.,
ias been filed with the City of Carlsbad, and referred to the
?lanning Commission; and
WHEREAS, said verified application constitutes a request
3s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 14th day of
dugust, 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 Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby recommends APPROVAL of CT 84-32/PUD-73, based on the following findings and conditions:
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indings:
The project is consistent with the City's General Plan since the proposed density of 2.65 du's/acre is within the density
range of 0-4 du'slacre specified for the site as indicated on the Land Use Element of the General Plan.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro- posed.
The project is consistent with all City public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project .
The Carlsbad School District has written a letter, dated August 30, 1984, stating that school facilities will be
available to this project.
Park-in-lieu fees or parks dedication is required as a
condition of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the
General Plan.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design Guidelines Manual.
This project will not cause any significant environmental impacts as the applicable mitigation measures identified in
EIR 83-8 and certified by the City Council on June 4, 1984 have been incorporated into the project.
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Zondi tions :
Approval is granted for CT 84-32/PUD-73, as shown on Exhibits
"A" - "C", dated June 7, 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. Building elevation exhibits shall be submitted for approval by the Land Use Planning Manager prior to issuance of any building permits.
This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
This project is approved upon the express condition that
building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are availabie at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated 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 August 30, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City or
dedicate park land if acceptable to the City Council, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Land Use Planning:
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval.
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The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building
permits.
A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the
final map.
and adjacent to the project. Said map shall show all lots and streets within
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to installation of such signs.
Trash receptacle areas, for the recreation lots shall be
enclosed by a six-foot high masonry wall with gates pursuant
to City standards. Location of said receptacles shall be
approved by the Land Use Planning Manager.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director.
The applicant shall submit a street name list consistent with
the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
The project shall provide bus stop facilities at the
intersection of College Boulevard and Cobblestone Way to the
satisfaction of the North County Transit District. Said
facilities shall at a minimum include a bench, free from
advertising, and a pole for the bus stop sign. The bench and
pole shall be designed in a manner so as to not detract from
the basic architectural theme of the project and said design
shall be subject to the approval of the Land Use Planning Manager and North County Transit District.
Approval of Tentative Tract No. 84-32 is granted subject to
approval of Specific Plan 195.
The CC&R's shall prohibit the storage of recreational vehicles
in the required front yard setback. A parking area for 40
recreational vehicles/boats located in the unused area near Lot
1 at the north end of the property shall be paved, fenced and
landscaped to the satisfaction of the Land Use Planning Manager. Said parking area shall be for the sole use of the
residents of this project and shall be maintained by the
homeowners association. The homeowners association may charge
residents a small fee for the use of this facility to help
recover naintenance costs. This shall be reflected in the
CC&R' s.
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The developer shall
in the sales office
to the satisfaction
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display a current Zoning and Land Use Map
at all times, and/or suitable alternative
of the Land Use Planning Manager.
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All sales maps that are distributed or made available to the
public shall includ but not be limited to trails, future and
existing schools, parks, and streets.
ngineering Conditions: E
28) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
29) The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
from the street or access road; color of identification and/or
addresses shall contrast to their background color.
If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project are
challenged, this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
Driveway locations on the cul-de-sacs shall be positioned so
there is a minimum of 22 feet for guest parking to one side of each driveway.
Specific site plans for each recreation area and the RV
storage area will be submitted to the Land Use Planning
Manager for approval prior to the issuance of building
permits.
All standards contained in Specific Plan 195 shall be
included herein as conditions of approval of CT 84-32/PUD-73.
The deed for all lots sold in this project shall contain a
navigation easement to the satisfaction of the City Attorney.
The easement shall be referenced in the offer to purchase and shall also be reflected in the CC&R's.
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Upon completion of grading, the developer shall ensure that an
"as-graded'' geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City
Engineer.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer.
The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
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The developer shall construct desiltation/detention basins of
a type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of the final map for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this
project as required by the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for this project.
The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24
hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour and
24 hour storm durations shall be analyzed to determine the .
detention basin capacities necessary to accomplish the desired
results. Detention basins may not be required providing the applicant can demonstrate that downstream facilities can
adequately handle runoff to the satisfaction of the City Engineer.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be
made Prior to issuance of any permit by a Certificate on the Final Map for this project. All land so offered shall be
granted to the City free and clear of all liens and
encumbrances and without cost to the City. Streets that are
already public are not required to be rededicated. Vacation
of 60 foot wide public road and utility easement (Laurel Tree
Lane) shall occur simultaneously with offsite dedication of College Boulevard.
Direct access rights for all lots abutting Cobblestone
Way shall be waived on the final map except for access to the
RV storage area.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City
Engineer. Prior to approval of the final map, the Subdivider
shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the
tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
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Sidewalks
Curbs, Gutters Street Striping
Street Median Improvements
Street Lights Street Trees Water
Storm Drainage
Sewer
Wheelchair Ramps
Street improvements on College Boulevard from the
centerline of Palomar Airport Road to the souther,y curb
return of Cobblestone Way.
Improvements shall be to full-width major arterial street
standards.
Street taper on College Boulevard from the southerly curb return of Cobblestone Way full width improvements, to 600
feet south of the southerly curb return of Cobblstone Way, east half street improvements, (per Exhibit "B") to
arterial street standard.
Street improvements on College Boulevard from 600 feet
south of the southerly curb return of Cobblestone Way, to the southerly curb return of public street "P", east half street improvements (per Exhibit "B" ) to major arterial
street standards.
Street improvements on Cobblestone Way from the centerline of College Boulevard to the westerly intersection of Cobblestone Way with the northwesterly boundary line bearing north 45O31'49". Improvements
shall be to full-width collector street standards with a
68 foot right-of-way.
Street improvements on public street "P" from the
centerline of College Boulevard to the westerly curb
return of public street "Q", full width collector street
standards with a 68 foot right-of-way, per Exhibit 'IB".
Street improvements on public street "Q" from the
centerline of public street "P" to the cul-de-sac
terminus approximately 300 feet northerly, full width
collector street standards with a 68 foot right-of-way,
per Exhibit "B" .
Street improvements on College Boulevard and Public street
'IP" from the end of paved sections to the centerline of
future Poinsettia Avenue shall consist of full width
grading to top of subgrade and drainage improvements as
required by the City Engineer, per Exhibit "B".
NO. 2425 -8-
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r) Street barricades at t,,e end of paved improvements on
College Boulevard and public street "P". Barricades shall be well lighted by permanent street lights.
Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this tentative map.
Sidewalks (4.5 feet wide) shall be designed and constructed to City standards on all drives and streets within this
subdivision.
The developer shall construct private street accesses to
public streets in such a way as to clearly designate that the private streets are not a portion of the public street system.
The developer shall place a plaque-type sign with the legend,
"PRIVATE STREET BEYOND THIS POINT, at the access point to
private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a
distance of 20 feet. The provisions of this condition shall .
be met to the satisfaction of the City Engineer prior to
issuance of a Certificate of Occupancy for any portion of this
project.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown
on the tentative map all conditions required of the preceding
phases shall be completed unless otherwise approved by the
City Engineer and the Land Use Planning Manager.
The design of all private streets and drainage systems shall
be in accordance with current standards for public streets
(with the exception of width) and shall be approved by the
City Engineer prior to approval of the final map for this
project. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and
inspection fees shall be paid prior to approval of the final map for this project.
All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This respon-
sibility shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot).
An appro qiately worded statement clearly identifying the responsigility shall be placed in the CC&R's.
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Street improvements shall be installed to the satisfaction of
the City Engineer prior to occupancy of any units within the
phased development as follows:
A) Phase One and Phase Two:
1) College Avenue full width from Palomar Airport
Road to Cobblestone Way including drainage, water and
sewer facilities to serve this subdivision.
to the northwesterly boundary line of this subdivision
bearing north 45O31'49".
2) Cobblestone Way full width from College Avenue
B) Phase Three:
Street A, all-weather access with a minimum of
two inch A.C. pavement from the boundary of Phase 111, easterly through Phase 5 to public street "Q", and all
remaining offsite improvements as shown on Exhibit "B".
C) All Subsequent Phases:
Items A and B as mentioned above, and all frontage improvements for that phase.
The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
Some improvements shown on the Tentative Map and/or required
by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without
acquistion of title or interest. The subdivider shall conform
to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be
signed and sealed on their first page. Additionally, the
first sheet of each set of plans shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
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PC RES0 NO. 2425
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Firm:
Address:
City, St. :
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
The developer shall provide the City with a reproducible mylar
copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditions of
approval by the City. The map shall be submitted to the City
Engineer prior to improvement plan submittal and shall be 24"
x 36" in size and of a quality and material satisfactory to the City Engineer.
Prior to recordation of any final map for this development for- this project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the
Tentative Map into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1.
This subdivision contains a remainder parcel. No building
permit shall be issued for the remainder parcel until it is
further subdivided pursuant to the provisions of Title 20 of
the Carlsbad Municipal Code. This note shall be placed on the
final map.
Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension,
the City Council may impose new conditions and may revise
existing conditions.
Streets A and B shall be 36 feet wide to face of curb.
Streets A, B, and Cobblestone Way shall have a minimum centerline radius of 300 feet. Radius shown on the tentative map which are less than 300 feet are specifically not approved. An alternate alignment may be approved by the City Engineer.
Minimum width of street frontage shall be 15 feet on Lot 69 and on Lot 70.
pire Conditions:
)3) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
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The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/Fire Lane-Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval prior to construction.
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,
Smith and Hall.
NOES : Commissioners McFadden & Rombotis.
ABSENT: Commissioner L'Heureux.
QL?&%-& L &U&,
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
YTTEST :
qICHAEL J. HOLmILLER v
LAND USE PLANNING MANAGER
PC RES0 NO. 2425 -12-