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HomeMy WebLinkAbout1992-06-17; Planning Commission; Resolution 3410I! e 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3410 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP CREATING A 65 LOT, 61 UNIT SINGLE FAMILY RESIDENTIAL SUBDMSION ON PROPERTY GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE BETWEEN ESTRAL DRIVE AND AVIARA Dm. CASE NAME: AVIARA PLANNING AREA 28 CASE NO: CT 90-31 7 I1 WHEREAS, a verified application for certain property to wit: a 9 Portions of Sections 33 and 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California 10 11 has been filed with the City of Carlsbad and referred to the Planning Commission; and 12 13 WHEREAS, said verified application constitutes a request as provided by Tit 21 of the Carlsbad Municipal Code; and 14 \I WHEREAS, the Planning Commission did, on the 17th day of June, 1992, ho 15 I/ a duly noticed public hearing as prescribed by law to consider said request; and 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimor and arguments, if any, of all persons desiring to be heard, said Commission considered : factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissi, recommends APPROVAL of CT 90-31, based on the following findings and subject the following conditions: .... i / I1 e 0 1 2 3 4 FiIldillD: 1. The project is consistent with the City‘s General Plan and Master Plan 177 since th proposed density of 1.38 du’s/acre is within the density range of 0-4 du’s/aa specified for the site as indicated on the Land Use Element of the General Plan, is : or below the growth control point of 3.2 du’s/acre, and below the Master Plan 17 maximum density specified for the site of 1.44 du’s/acre. 5 6 2. 7 8 9 10 11 12 3. 4. 13 The site is physically suitable for the type and density of the development permittc through Master Plan 177. The Planning Commission has, by inclusion of an appropriate condition to this projec ensured that the final map will not be approved unless the City Council finds th sewer service is available to serve the project. In addition, the Planning Commissic has added a condition that a note shall be placed on the final map that buildir permits may not be issued for the project unless the City Engineer determines th, sewer service is available, and building cannot occur within the project unless sew( service remains available, and the Planning Commission is satisfied that tl. requirements of the Public Facilities Element of the General Plan have been m insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsb: Unified School District. l4 11 5. Park-in-lieu fees are required as a condition of approval. l5 11 6. AU necessary public improvements have been provided or will be required 16 18 7. The applicant has agreed and is required by the inclusion of an appropriate conditic 1’7 conditions of approval. - to pay a public facilities fee. Performance of that contract and payment of the fee w enable this body to find that public facilities will be available concurrent with ne( 19 as required by the General Plan. 20 21 8. The proposed project is compatible with the surrounding future land uses sin surrounding properties are designated for single family residential development on t: General Plan. 22 23 24 25 9. This project will not cause any significant environmental impacts and a Negati Declaration has been issued by the Planning Director on June 20, 1991, and by t Planning Commission on June 17, 1992. In approving this Negative Declaration t Planning Commission has considered the initial study, the staff analysis, all requir mitigation measures and any written comments received regarding the significz effects this project could have on the environment. 26 27 PC RES0 NO. 3410 -2- 28 i/ 0 0 1 2 3 4 5 6 7 8 9 10 IO. This project is consistent with the City% Growth Management Ordinance as it has bee conditioned to comply with any requirement approved as part of the Local Facilitic Management Plan for Zone 19. 11. As discussed in the staff report, the grading for CI' 90-31 substantially complies wit the mass grading approved on the Aviara Phase 11 Master Tentative Map (CI' 89-37 12. The Tentative Tract Map, CT 90-31, satisfies all requirements of Title 21, Title 20 ar! the Subdivision Map Act. 13. As discussed in the staff report, the design of CT 90-31 is consistent with the inta of Master Plan 177. 14. The project CI' 90-31 is in compliance with the underlying East Batiquitos Lagoc Local coastal Program. 15. No interior CNEL noise level of any residence will exceed 45 &A when openings : the exterior are closed. 17 It AI 16. There are overriding considerations that allow approval of the development ew create an aesthetically undesirable view for the noise impacted residents due to i 13 18. No residential property will experience an exterior noise level exceeding 65 d€ 17 residential property. 16 property is noise impacted and does not meet the Carlsbad noise standards f; notified in writing prior to purchase, and by deed disclosure in writing, that tl 15 17. The project is conditioned such that all purchases of the impacted property shall 1 I* visibility from the Interstate 5 freeway and obstruction to impacted homeowner view 12 though noise policies are not being met because the overheight sound wall wou l8 ll CNEL. 19 1/ conditions: 20 21 22 23 24 25 26 27 1. Approval is granted for CT 90-31, as shown on Exhibits "A" - "F", dated Ju 17, 1992, incorporated by reference and on file in the Planning Departme1 Development shall occur substantially as shown unless otherwise noted in the conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of t Tentative Map as approved by the Planning Commission. The Tentative Map sh reflect the conditions of approval by the City. The Tentative Map copy shall submitted to the City Engineer and approved prior to building, grading, final map, improvement plan submittal, whichever occurs first. PC RES0 NO. 3410 -3- 28 /I 0 0 3. A 500' scale map of the subdivision shall be submitted to the Planning Director pric 1 to the recordation of the final map. Said map shall show all lots and streets withi and adjacent to the project. 2 3 4. This project is approved upon the express condition that the final map shall not t: approved unless the City Council finds as of the time of such approval that sew( 4 service is available to serve the subdivision. 5 5. This project is also approved under the express condition that the applicant pay tk 6 public facilities fee adopted by the City Council on July 28, 1987 and as amende from time to time, and any development fees established by the City Council pursual 7 to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted 1 implement a growth management system or facilities and improvement plan and 1 €3 fulfill the subdivider's agreement to pay the public facilities fee dated October 11 1990, a copy of which is on file with the City Clerk and is incorporated by th 9 reference. If the fees are not paid this application will not be consistent with tl. General Plan and approval for this project will be void. 10 11 6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the fin map as required by Chapter 20.44 of the Carlsbad Municipal Code unless previous June 1,1989. 12 excluded by the Parks Agreement between the City and Aviara Land Associates, datt 13 14 15 16 17 18 7. The applicant shall provide school fees to mitigate conditions of overcrowding as pa of building permit application. These fees shall be based on the fee schedule in effe at the time of building permit application. AU or a portion of said fees may be waiw subject to the approval of the Carkbad Unified School District. 8. Water shall be provided to this project pursuant to the Water Service agreeme: between the City of Carlsbad and the Carlsbad Municipal Water District, dated Mi 25, 1983. 19 1 9. This project shall comply with all conditions and mitigation required by Master Pk and any future amendments to the Plan made prior to the issuance of buildi~ 177 and the Zone 19 Local Facilities Management Plan approved by the City Coun permits. 20 on December 22, 1987, incorporated herein and on file in the Planning Departme 21 22 23 24 25 26 27 10. If any condition for construction of any public improvements or facilities, or t payment of any fees in lieu thereof, imposed by this approval or imposed by law I this project are challenged this approval shall be suspended as provided Government Code Section 65913.5. If any such condition is determined to be inva: this approval shall be invalid unless the City Council determines that the projf without the condition complies with all requirements of law. PC RES0 NO. 3410 -4- 28 11 I1 0 0 1 2 3 4 5 6 11. Approval of this request shall not excuse compliance with all sections of the Zonin Ordinance and all other applicable City ordinances in effect at time of building perm issuance. 12. The applicant shall establish a homeowner‘s association and corresponding covenant conditions and restrictions. Said CC&R’s shall be submitted to and approved by tf specifyins Master homeowners association or Planning Area 28 neifiborhoc homeowner’s association maintenance responsibility for all natural and manufacture project open space areas. Planning Director prior to final map approval. The CC&R’s shall include provisio~ 7 8 9 10 11 12 13 14 15 13. 14. 15. 16. The applicant shall annex the Aviara Planning Area 28 open space into the Avia Master homeowner‘s association concurrent with the recordation of the hal map. The applicant shall prepare a detailed landscape and irrigation plan which shall 1 submitted to and approved by the Planning Director prior to the issuance of gradir or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free fro weeds, trash, and debris. Existing onsite trees shall be retained wherever possible and shall be trimmed and/( topped. Dead, decaying or potentially dangerous trees shall be approved for remov at the discretion of the Planning Department during the review of a Master Ph submitted showing existing onsite trees. Those trees which are approved for remov shall be replaced on a tree-for-tree basis as required by the Planning Department. 16 17. The developer shall install street trees at the equivalent of 40-foot intervals along : public street frontages in conformance with City of Carlsbad standards. The tre, 17 shall be of a variety selected from the approved Street Tree List. l8 19 18. ’ Preliminary landscape plans shall be submitted. 19. All landscape plans shall be prepared to conform with the Landscape Manual a] 20 or high use. Mulches shall be used and irrigation equipment and design shall promc plants (see Landscape Manual) shall be limited to areas of special visual importan 22 20. Landscape plans shall be designed to minimize water use, Lawn and other zone 21 submitted per the landscape plan check procedures on file in the Planning Departme1 23 water conservation. 24 21. All herbicides shall be applied by applicators licensed by the State of California. 25 26 27 PC RES0 NO. 3410 -5- 28 22. 1 2 3 23. 24. 4 7 6 5 26. 8 9 25. lo 27. 11 12 13 28. 14 15 16 17 18 19 20 30. 21 29. 22 31- 23 24 25 26 27 28 PC a 0 The applicant shall pay a landscape plan check and inspection fee as required 1 Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plaI improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and sh, match the grading plans in terms of scale and location of improvements. The number of trees in a residential project shall be equal to or greater than t number of residential units. As part of the plans submitted for building permit plan check, the applicant sh include a reduced version of the approving resolution/resolutions on a 24" x 3 blueline drawing. Said blueline drawing(s) shall also include a copy of any applical Coastal Development Permit and signed approved site plan. The applicant shall submit a street name list consistent with the City's street naI policy subject to the Planning Director's approval prior to final map approval. Prior to recordation of the first final tract map the owner of record of the prope within the boundaries of this tentative map shall prepare and record a notice that tl property is subject to overflight, sight, and sound of aircraft operating from McQelk Palomar Airport in a manner meeting the approval of the Planning Director and t City Attorney. The applicant shall post aircraft noise notification signs in all Sa: andlor rental offices associated with the new development. the number and locatic of said signs shall be approved by the Planning Director. Prior to issuance of a grading permit or the recordation of the fjnal map, the projc applicant shall obtain a Coastal Development Permit that approves development tl is in substantial conformance with this City approval. The Coastal Permit shall required to be submitted to the City Planning Department for review prior to 1 issuance of a grading pennit. Prior to final map approval or the issuance of a grading permit for CX 90-31, 1 Aviara Phase I1 Tentative Map (CT 89-37) must be recorded as a final map. The project currently shows only one retaining wall, located in Lot 7. The projecl approved subject to the condition that no additional retaining walls greater than t feet in height, within the front, rear, or sideyard setback areas shall be pennitt unless specifically approved by the Planning Commission during subsequent I development plan review. If the project is developed under a custom lot sa program, any retaining walls greater than two feet in height must be specific; RES0 NO, 3410 -6- e 0 approved by the Planning Director during administrative review of the custom 1 development. 2 32. This project is approved subject to the condition that grading proposed as part of a future site development plan over the subject property shall be in substani 3 conformance with the grading approved through this tentative map. 4 5 6 7 8 9 10 33. 34. This project is approved subject to the condition that those portions of Lots through 27,55 and 63 which are located within Coastal Commission deed restric areas and those podons of Lots 17 through 24 and 56 through 63 which cont, manufactured slopes that are adjacent to Coastal Commission deed restricted are shall be required to be placed under an open space easement which shall prohibit 2 encroachment for development in perpetuity. Any future site development p processed for these lots shall be required to locate project fencing outside of the dc restricted areas. Details of the transparent fence material for the sound wall shall be submitted review and approval by the Planning Director prior to issuance of building pemi 11 12 13 14 15 35. Prior to the recordation of the first final tract map, the owner of record of property within the boundaries of this tentative tract map shall prepare and recor notice that this property is subject to noise from the Interstate 5 freeway, in a man meeting the approval of the Planning Director and the City Attorney. The applic shall post freeway noise notification signs in all sales and/or rental offices associa with the new development. The number and locations of said signs shall be appro. by the Planning Director. 1 16 18 36. This project is located within the East Batiquitos Local Coastal Plan. All developm 17 Endeering - Conditions: design shall comply with the requirements of that plan. 19 20 21 22 23 24 25 26 27 37. Unless a standards variance has been issued, no variance from City Standard, authorized by virtue of approval of this tentative map. 38. The applicant shall comply with all the rules, regulations and design requirement the respective sewer and water agencies regarding services to the project. 39. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities, 40. If the applicant chooses to construct out of phase, the new phasing must be revie7 and approved by the City Engineer and Planning Director. PC RES0 NO. 3410 -7- 28 1 2 3 0 0 41. The applicant shall provide an acceptable means for maintaining the private easemen within the subdivision and all the private: streets, sidewalks, street lights, storm dra facilities and sewer facilities located therein and to distribute the costs of su( maintenance in an equitable manner among the owners of the properties within tl subdivision. Adequate provision for such maintenance shall be included 4th tl CC&R’s subject to the approval of the City Engineer prior to final map approval. 4 42. A note to the effect of the following shall be placed on a separate sheet of the fin 5 map. All improvements are private and are to be privately maintained with tl 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I exception of the following: A. The water main system within the private streets serving the fi hydrants. B. The public storm drain and sewer systems as required per CX 89-3 Specifically, the storm drain and sewer systems within Plover Lane a3 within the portion of Shorebird Lane easterly of the intersection Shorebird Lane and Plover Lane then southefly between Lots 21 and 2 A note shall be placed on the improvement plans stating which utilities are public a which are private. 43. All concrete terrace drains shall be maintained by the homeowner‘s association (if ( commonly owned property) or the individual property owner (if on an individua owned lot). An appropriately worded statement clearly identifying the responsibilj shall be placed in the CC&R’s. 44. Approval of this tentative tract map shall expire twenty-four (24) months from t date of City Council approval unless a final map is recorded. An extension may requested by the applicant. Said extension shall be approved or denied at t discretion of the City Council. In approving an extension, the City Council m impose new conditions and may revise existing conditions pursuant to Sectil 20.12.110(a)(2) Carlsbad Municipal Code. 20 45. The applicant shall defend, indedfu and hold harmless the City and its agen 22 officers, and employees from any claim, action or proceeding against the City or 23 within the time period provided for by Section 66499.37 of the Subdivision Map A the Planning Commission or City Engineer which has been brought against the C City to pay any drainage area fees established as a result of the Master Drainage PI 24 46. Prior to approval of the final map, the owner shall enter into an agreement with t 21 agents, officers, or employees to attack, set aside, void or null an approval of the Ci 25 26 I Update. PC RES0 NO. 3410 27 -8- 28 li I1 ll 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 47. The owner of the subject property shall execute a Hold Harmless Agreement regardir drainage across the adjacent property prior to approval of the final map for th project. 48. The subject property is within the boundaries of Assessment District No. 88-1 (Al: Road). Upon the subdivision of land within the district boundaries, the owner m; pass through assessments to subsequent owners & if the owner has executed Special Assessment District Pass-through Authorization Agreement. Said Agreeme contains provision regarding notice to potential buyers of the amount of tl assessment and other provisions and requires the owner to have each buyer recei and execute a Notice of Assessment and an Option Agreement. In the event that t: owner does not execute the Authorization Agreement, the assessment on the subjc property must be paid off in full bv the owner prior to final map approval. 49. As required by state law, prior to the recordation of a final map over any of t subject property, a segregation of assessments must be submitted for all subdivid lots. By applying for a segregation of assessments, the applicant agrees to pay the f to cover the costs associated with the segregation. A segregation is not required if t applicant pays off the assessment on the subject property prior to the recordation the final map. In the event a segregation of assessments is not recorded and proper is subdivided, the full amount of assessment will appear on the tax bills of & nc lot. 50. Based upon a review of the proposed grading and the grading quantities shown on t tentative map, a grading permit for this project is required. Prior to final m approval, the applicant must submit and receive approval for grading plans accordance with City Codes and standards. Prior to issuance of a building permit i substantial conformance with the approved grading plans. the project, a grading permit shall be obtained and grading work be completed 51. Prior to hauling dirt or construction materials to or from any proposed constructi site within this project, the applicant shall submit to and receive approval from t City Engineer for the proposed haul route. The applicant shall comply with conditions and requirements the City Engineer may impose with regards to the haulj operation. 52. The developer shall exercise special care during the construction phase of this proj to prevent offsite siltation. Planting and erosion control shall be provided accordance with the Carlsbad Municipal Code and the City Engineer. Referer Chapter 11.06. 53. The applicant shall construct desiltation/detention/urban pollutant basin(s) of a t] and a size and at location(s) as approved by the City Engineer. The applicant SI enter into a basin maintenance agreement and submit a maintenance bond satisfactc PC RES0 NO. 3410 -9- 28 0 a 1 2 3 4 54. 5 6 55. 7 8 56. 9 10 11 57. 12 13 14 15 58. 16 17 18 19 I 20 21 22 23 24 25 26 27 28 59. PC to the City Engineer prior to the approval of grading, building permit or final m: whichever occurs first for this project. Each basin shall be serviced by an all-weath access/maintenance road, Additional drainage easements may be required. Drainage structures shall be providc or installed prior to the issuance of grading or building permit as may be required 1 the City Engineer. The owner shall make an offer of dedication to the City for all public streets a] easements required by these conditions or shown on the tentative map. The off shall be made BY A CERTIFICATE ON THE FINAL MAP/PRIOR TO ISSUANCE C ANY BUILDING PERMIT for this project. All land so offered shall be granted to tl City free and clear of all liens and encumbrances and without cost to the City. Stree that are already public are not required to be rededicated. Direct access rights for all lots abutting Batiquitos Drive shall be waived on the fin =P- The applicant shall comply with the requirements of the National Pollutant Dischari Elimination System (NPDES) permit. The applicant shall provide best manageme: practices to reduce surface pollutants to an acceptable level prior to discharge sensitive areas. Plans for such improvements shall be approved by the City Engine occurs first. Plans, specifications, and supporting documents for all public improvements shall 1 prepared to the satisfaction of the City Engineer. Prior to approval of the final me in accordance with City Standards, the applicant shall install, or agree to install ar secure with appropriate security as provided by law, improvements shown on tf Tentative Map and the following improvements: A. The public water main system within the private streets. A note to this effect shall be placed on an additional map sheet on the final map pl the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements list( above shall be constructed within 18 months of approval of the secured improveme: agreement or such other time as provided in said agreement. The design of all private streets and drainage systems shall be approved by the Cil Engineer prior to approval of the final map for this project. The structural section ( all private streets shall conform to City of Carlsbad Standards based on R-value test All private streets and drainage systems shall be inspected by the City, and tl standard improvement plan check and inspection fees shall be paid prior to approv of the final map for this project. prior to approval of the Final Map, issuance of grading or building permit, whichev RES0 NO. 3410 -1 0- -I I1 0 0 60. Prior to final map approval, the tract map for CT 89-37 must be recorded and tt 1 mass grading for CT 89-37, Lot 7 shall be complete and final4 to the satidaction 1 the City Engineer. 2 3 4 5 6 7 8 61. All open space lots (Lots 33 and 64) shall be owned in fee and maintained by tl Aviara Master Association. 62. The following lots have sight distance corridors which restrict height of landscaph and structures to 30" above the street: Lots 1, 7, 35, 38, 48, and 55. TI maintenance of these sight distance corridors shall be the responsibility of tl individual property ownem. A note to this effect shall be placed on the final map. This restriction shall also 1 included in the CC&R's. 9 63. 10 11 12 64. 13 14 15 16 65. Any encroachment through construction into deed restricted or undisturbed op space for the purpose or grading wiU require an amendment to the tentative map a~ approval of the California Coastal Commission. A note to this effect shall be plat, on the final grading plan Prior to the commencement of any grading activities, the developer shall fence off t deed restricted and undisturbed open space to the satisfaction of the City Engineer a] Planning Director. A note to this effect shall appear on the final grading plans. T existing fencing on the Phase II Master Tentative Map conforms with this conditit if still properly placed and in good repair. The entire subdivision shall be graded concurrent with the first phase/unit of t development. 17 18 19 20 21 22 23 24 25 66. Concurrent with the first phase/unit of development, the main circulation loop Shorebird Lane from Batiquitos Drive to Plover Lane and Plover Lane from Shorebj Lane to Batiquitos Drive shall be constructed to full improvement requirements shown on the tentative map to the satisfaction of the City Engineer and Planni Director. 67. Due to the fact that the storm drain and sewer systems within Plover Lane will public systems within public easements, an encroachment pennit will be required be submitted and approved in order to construct any non-standard improvema within these easements associated with the proposed gating of Plover Lane. 68. Prior to final map approval the applicant shall provide an additional study and desi features as may be required by the City Engineer to increase the desiltation a pollutant reduction capabilities of the existing desiltation basin along the southf boundary of the subdivision 26 27 PC RES0 NO. 3410 -1 1- 28 I1 11 0 0 11 Fire Conditions: 1 ~ I/ 69. Additional onsite public hydrants are required. 2 3 4 5 6 to combustible building materials being located on the project site. 70. Applicant shall submit a site plan to the Fire Department for approval, which depj location of required, proposed and existing hydrants. 71. An all-weather access road shall serve the project during construction. 72. All required fire hydrants, water mains and appurtenances shall be operational PI 7 8 9 10 11 12 13 14 15 16 17 18 73. Brush clearance shall be maintained according to the specifications contained in I City of Carlsbad Landscape Manual. Applicant shall provide a brush clearance pl to the Fire Marshal for approval. 74. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systeI automatic sprinklers, and other systems pertinent to the project shall be submitted the Fire Department for approval prior to construction. 75. Prior to submittal of water improvement plans, the applicant shall submit to the F: Department a map, showing the street network, conforming to the following criter * 400' scale * Photo reduction on mylar J: At least two existing streets and/or intersections shall be referenced on 1 * Maps shall include the following information: map (not a separate vicinity map) Street centerlines Street names Fire hydrant locations 19 21 76. The entire potable and non-potable water system/systems for subject project shall 20 1 water conditions: evaluated in detail to ensure that adequate capacity and pressure for domest landscaping and fire flow demands are met. 22 77. The developer's engineer shall schedule a meeting with the District Engineer and t 23 City Fire Marshal and review the preliminary water system layout prior to preparatil 24 /I of the water system improvement plans. 25 26 78. The developer will be responsible for all fees and deposits plus the major facil: charge which will be collected at time of issuance of building permit. The develol 27 1; PC RES0 NO. 3410 .12- 28 I1 -- I1 0 e 1 shall pay a San Diego County Water Authority capacity charge which will be collectc at issuance of application for meter installation. 2 3 79. This project is approved upon the express condition that building permits will not 1 issued for development of the subject property unless the water district serving tl development determines that adequate water and service is available at the time 4 application for water service and will continue to be available until time of occupanc 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni 6 Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, by t 7 11 following vote, to wit: 8 9 AYES: Vice-Chairperson Noble, Commissioners: Schlehuber, Schram Welshons & Hall. 10 11 12 13 NOES: Commissioner Savary. ABSENT: Chairperson Erwin, ABSTAIN: None. A 14 15 16 d / J7 hl,q &&. fib ,h J 1 L BxLEY NOBC , Vice-Chairperson CARLSBAD PJANNING f COMMISSION 17 18 ATTEST: 19 I 2o I 21 22 PLANNING DIRECTOR 23 24 25 26 27 PC RES0 NO. 3410 -1 3- 28