HomeMy WebLinkAbout1995-04-05; Planning Commission; Resolution 37591
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PLANNING COMMISSION RESOLUTION NO. 3759
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON WITHIN
MASTER PLAN
CASE NAME: POINSETI’IA SHORES - AREA “B-2”
CASE NO: CP 94-02
WHEREAS, a verified application has been filed with the City of (
CONDOMINIUM PERMIT, CP 94-02 FOR 16 CLUSTERED
PLANNING AREA “B-2.” OF THE POINSETTIA SHORES
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Planc
Development as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the E
Commission did on 5th day of April, 1995, hold a public hearing on property descr
A portion of Lot 79 of Map No. 11616 in the City of Carlsbad,
County of San Diego, State of California, as recorded
September 12, 1986 as File No. 86-402404, per Certificate of
Compliance recorded October 17, 1989 as File No. 89-561703.
WHEREAS, at said public hearing, upon hearing and considering all te:
and arguments, if any, of all persons desiring to be heard, said Commission consid1
factors relating to CP 94-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the P
Commission APPROVES Condominium Permit, CP 94-02, based on the fo
findings and subject to the following conditions:
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Findings:
Condominium Permit
I. That the granting of this permit will not adversely affect and will be consisi
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, mast1
and all adopted plans of the City and other governmental agencies, in
proposed project implements the approved Poinsettia Shores Master :
consistent with the provisions, standards and design criteria of the
Development Ordinance (Chapter 21.45 of the Municipal Code), the Zone
Facilities Management Plan documents including the Zone 9 Finance Plan,
West Batiquitos Local Coastal Program as certified by the Coastal Commi
2. That the proposed use at the particular location is necessary and desirable to
a service or facility which will contribute to the long-term general well-bein
neighborhood and the community, in that buildout of the Master Plan will co
to the long term general welfare of the area by providing development consist
the City’s General Plan. The project represents a diversified element
Poinsettia Shores community. The location for this use is reflected in the
General Plan and Master Plan for the site, which was amended and appr
appropriate action of the City Council in 1994 at duly noticed public hearin,
Plan is divided into residential planning areas and open space areas,
Condominium Permit for Planning Area “B-2” accurately and properly imp
the approved Master Plan.
3. That such use will not be detrimental to the health, safety, or general we
persons residing or working in the vicinity, or injurious to property or improy
in the vicinity, since the project is partial buildout of a comprehensive mas1
which will provide major infrastructure and public improvements that will 4
the general welfare of the City. In addition, the project is designed to functia
applicable City standards and will be consistent with the City’s General Plr
4. That the proposed Planned Development meets all of the minimum devell
standards set forth in Chapter 21.45.090, the design criteria set forth in
21.45.080, and has been designed in accordance with the concepts containec
Design Guidelines Manual, in that no deviations or modifications frl
development standards of Chapter 21.45 are involved and all design criter
been satisfied including: (a) a functional relationship between stn
landscaping and open space areas; (b) the provision of adequate usable ope1
street systems, recreational opportunities and adequate resident and guest 1
spaces; (e) compatibility with existing and future permitted land uses wh
creating a disruptive element to the community; (d) the provision of an i
street system that does not dominant the project’s design or conflict wi
recreational areas, trail areas, parking locations or other common areas
project; (e) the provision of adequate recreation facilities; and (f) structures t:
promote architectural harmony.
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5. That the proposed project is designed to be sensitive to and blend in with the
topography of the site, and maintains and enhances significant natural resol
the site, in that the site of the subject planning area has been mass graded
no significant natural resources or sensitive topographic considerations are i
6. That the proposed project’s design and density of the developed portion of
is compatible with surrounding development and does not create a disharmo
disruptive element to the neighborhood, in that all applicable provisi
complied with so that no disruptive elements will be created by the build01
Master Plan.
7. That the project’s circulation system is designed to be efficient and well in
with the project and does not dominate the project, in that the proposed cir
system meets all standards while not dominating the project or adversely in
any of the project’s features or amenities.
Growth Management
8. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
a) The project has been conditioned to ensure that building permits wil
issued for the project unless the District Engineer determines tha
service is available, and building cannot occur within the project unle!
service remains available, and the District Engineer is satisfied t
requirements of the Public Facilities Element of the General Plan ha
met insofar as they apply to sewer service for this project.
b) Statutory School fees will be paid, or the obligations of the existing
Agreement shall be satisfied, to ensure the availability of school faci
the Carlsbad Unified School District. The Carlsbad Unified School
and the project applicant, Kaiza Poinsettia Corporation, have signed a
Facilities Funding and Mitigation Agreement dated August 29, 1994,
that school facilities will be available to this project.
c) All necessary public improvements have been provided or are reqr
conditions of approval.
d) The developer has agreed and is required by the inclusion of an app~
condition to pay a public facilities fee. Performance of that contr
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
e) Park in lieu fees have already been provided, allowing the appro
development of this planning area,
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1 9. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any a(
requirements established by a Local Facilities Management Plan prepared
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c8
availability of public facilities and will mitigate any cumulative impacts creatl
project.
10. This project has been conditioned to comply with any requirement approve1
of the Local Facilities Management Plan for Zone 9.
Proiects exceeding; - the Growth Control Point-(Section 21.90.045):
11. That the project will provide sufficient additional public facilities for the d
excess of the control point to ensure that the adequacy of the City’s publi’
plans will not be adversely impacted, in that all infrastructure required to se
buildout of the Poinsettia Shores Master Plan, including Area “B-2” h
secured. Consistent with the facilities and financing plans for Local I
Management Zone 9, all necessary services and facilities will be, or curre.
available to serve the proposed development.
~ 12. That there have been sufficient developments approved in the quadrant at (
that approval will not result in exceeding the quadrant limit. The approvi
Poinsettia Shores Master Plan considered the southwest quadrant and corres
availability of dwelling units for development. Since the proposed PI
consistent with the allowed density assigned to the subject planning area
I below the control point to offset the units in the project above the control
~ Poinsettia Shores Master Plan, the southwest quadrant limit will not be e;Y
13. That all necessary public facilities required by the Growth Management 01
will be constructed or are guaranteed to be constructed concurrently with tl
for them created by this project and in compliance with adopted City stand
that the proposed project is in full compliance with the Zone 9 Local F,
Management Plan documents and Finance Plan which consider public f
requirements for the buildout of the master plan. Major infrastructure h
provided and/or secured by the approval of the Poinsettia Shores Master T
Map (CT 94-01).
Landscaping
14. That the project is consistent with the City’s Landscape Manual, adopted by
Council on November 13, 1990.
Coastal Zone
15. That the proposed project is consistent with all applicable policies of tk
Batiquttos segment of Carlsbad’s Local Coastal Program.
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Environmental
16. The Planning Commission finds that:
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a) the project is a residential project consistent with a Community PI
Poinsettia Shores Master Plan) as described in Section 15183 of the
Guidelines;
b) the project is consistent with the Poinsettia Shores Master Plan;
c) there were Mitigated Negative Declarations approved in connection v
I prior approval of the Poinsettia Shores Master Plan;
d) the project has no new significant environmental effect not anal!
significant in the prior Mitigated Negative Declarations; and
e) none of the circumstances requiring Subsequent or Supplemental EIE I CEQA Guidelines Sections 15162 or 15163 exist;
12 17. The Planning Commission finds that all feasible mitigation measures or
alternatives identified in the Mitigated Negative Declarations which are app~ 13 to this Subsequent Project have been incorporated into this Subsequent Prc
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15 Developer contained in this resolution, and hereby finds, in this case, tl
exactions are imposed to mitigate impacts caused by or reasonably related
16 project, and the extent and degree of the exaction is in rough proportionalig
17 impacts caused by the project.
18 Planning Conditions:
19 Approval
18. The Planning Commission has reviewed each of the exactions imposed
2o 1.
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The Planning Commission does hereby recommend approval of the Condo]
Permit for the Poinsettia Shores Project entitled “Planning Area B-2”, date
5, 1995, (Exhibits “A” - “K”, dated April 5, 1995, incorporated by this refe
subject to the conditions herein set forth. Staff is authorized and directed tl
or require the Developer to make all corrections and modifications to the p:
exhibits and/or documents, as necessary to make them internally consiste
conform to Planning Commission’s final action on the project. Developme1
occur substantially as shown on the approved exhibits. Any proposed develc
substantially different from this approval, shall require an amendment
approval. Architectural amendments may be processed according
architectural amendment process outlined in the master plan (pa 75).
27 2. If any of the foregoing conditions fail to occur, or if they are, by their termr
28 implemented and maintained over time, if any of such conditions fail to
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implemented and maintained according to their terms, the City shall have tl.
to revoke or modi^ all approvals herein granted, deny or further condition i:
of all future building permits, deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted, instih
prosecute litigation to compel their compliance with said conditions or seek d,
for their violation, No vested rights are gained by Developer or a succe
interest by the City’s approval of this Resolution.
3. The Developer shall comply with all applicable provisions of federal, state, an
ordinances in effect at the time of building permit issuance.
Maps and Exhibits
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop!
Site Plan as approved by the Planning Commission. The Site Plan shall refl
conditions of approval by the City. The Plan copy shall be submitted to tl
Engineer and approved prior to building, grading, final map, or improvemej
submittal, whichever occurs first.
5. The Developer shall provide the Planning Director with a 500’ scale mylar
condominium permit prior to the issuance of grading or building permits, whi
occurs first. Said map shall show all lots and streets within and adjacent
project.
6. The Developer shall include, as part of the plans submitted for any gem
check, a reduced, legible version of the approving resolutions on a 24” x 36” b;
drawing. Said blueline drawings shall also include a copy of any applicable (
Development Permit and signed approved site plan.
Facilities & Services
7. Building permits will not be issued for development of the subject property
the District Engineer determines that sewer facilities are available at the ti
application for such sewer permits and will continue to be available until ti
occupancy.
8. The Developer shall pay the public facilities fee adopted by the City Council c
28, 1987 (amended July 2, 1991) and as amended fiom time to time, ar
development fees established by the City Council pursuant to Chapter 21.90
Carlsbad Municipal Code or other ordinance adopted to implement a b
management system or Facilities and Improvement Plan and to fulfill the subdi7
agreement to pay the public facilities fee dated December 9, 1994, a copy of
is on file with the City Clerk and is incorporated by this reference. If the fel
not paid this application will not be consistent with the General Plan and apl
for this project will be void.
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9. Prior to the issuance of any building permits, the developer shall provide to
proof of satisfaction of the school facilities mitigation obligation.
10. This project shall comply with all conditions and mitigation measures wl
required as part of the Zone 9 Local Facilities Management Plan i
amendments made to that Plan prior to the issuance of building permits, in
but not limited to the Zone 9 LFMP Amendment (LFMP 87-09(A)) that wa!
to the approval of the Poinsettia Shores Master Plan and the Zone 9 Finar
as approved on September 6,1994.
General Conditions:
11. If any condition for construction of any public improvements or facilities
payment of any fees in lieu thereof, imposed by this approval or imposed b~
this residential housing project are challenged this approval shall be suspe
provided in Government Code Section 66020. If any such condition is detc
to be invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
12. The Developer shall establish a homeowner’s association and cones]
covenants, conditions and restrictions. Said CC&Rs shall be submitted
approved by the Planning Director prior to issuance of grading permits or E
permits, whichever occurs first. The CC&Rs shall, incorporate the followin;
(A) No private development shall be permitted within open space areas, a
areas or recreational areas.
(B) All open space and landscaped areas shall be maintained in a heal1
thriving condition, free from weeds, trash, and debris.
(C) A provision stating the City’s right but not obligation to enforce the C
(D) Any amendments to the CC&Rs shall be subject to the review and a]
of the Planning Director and City Attorney.
(E) Guest parking only is allowed on both sides of the 36 foot wide portio1
private street and on the one designated side of the 32 foot wide
street.
(F) Maintenance and liability of all recreation/common areas including cl
facilities such as drainage facilities and devices.
(G) Minimum rental time increment of 26 days.
(H) The provisions required by Condition Nos. 29,30, and 43 of this resc
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Specific Onsite Conditions
13. All visitor parking spaces shall be striped a different color than the assigned r
parking spaces and shall be clearly marked as may be approved by the P:
Director.
14. An exterior lighting plan including parking areas shall be submitted for P
Director approval prior to the approval of any grading or building permi
lighting shall be designed to reflect downward and avoid any impacts on a
homes or property.
15. Prior to occupancy of the dwelling units within the subject planning area, the
plan recreation center (Area M) and recreational vehicle storage area (Area E
be completed subject to the provisions contained in Condition #I4 of PI
Commission Resolution Number 3747 for SDP 94-03.
Landscape
16. The Developer shall prepare a detailed landscape and irrigation plan in confol
with the approved Preliminary Landscape Plans (Exhibits “J” - “K”, dated 1
1995), the landscape guidelines of the Poinsettia Shores Master Plan, and thl
Landscape Manual. The plans shall be submitted to and approval obtained fr
Planning Director prior to the approval of the final map, grading permit, or b
permit, whichever occurs first. The Developer shall construct and ins1
landscaping as shown on the approved plans, and maintain all landscapin
healthy and thriving condition, free from weeds, trash, and debris.
17. The first submittal of detailed landscape and irrigation plans shall be accom
by the project’s building, improvement, and grading plans.
18. All open space areas, slopes and landscaped areas shall be maintained, and li
assigned, as outlined on the Landscape Exhibits (“J” - “K) dated April 5, I!
19. Prior to final map approval, a landscape plan shall be prepared which PI
additional screening through planting and/or garden walls up to 42” f
southwest portion of Planning Area “B-2” emphasizing mature evergreen lands
to the satisfaction of the Planning Director.
Signs and Identification
20. Building identification and/or addresses shall be placed on all new and e
buildings so as to be plainly visible from the street or access road; cc
identification and/or addresses shall contrast to their background color.
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Miscellaneous Planning Conditions
21. The Developer shall provide bus stops to service this development at locatil
with reasonable facilities to the satisfaction of the North County Transit Dist
Planning Director and City Engineer. Said facilities, if required, shall at a m
include a bench, free from advertising, and a pole for the bus stop sip. Thl
and pole shall be designed to enhance or be consistent with the basic archi
theme of the Project.
22. This project is being approved as a condominium permit for res
homeownership purposes. If any of the units in the project are rented, the m
time increment for such rental shall be not less than 26 days. The CC&Rs
project shall include this requirement.
23. The Developer shall display a current Zoning and Land Use Map in the salt
at all times, or suitable alternative to the satisfaction of the Planning Direc
24. All sales maps that are distributed or made available to the public shall incl
not be limited to trails, future and existing schools, parks, and streets.
Outside Agency Permits
25. Prior to approval of any grading or building permits for CP 94-02, the De
shall receive approval of a Coastal Development Permit issued by the Ca
Coastal Commission that substantially conforms to this approval. A signed
the Coastal Development Permit must be submitted to the Planning Direct01
approval is substantially different, an amendment to Condominium Permit C
shall be required.
Affordable Housing
26. Prior to the approval of any grading or building permits, whichever occurs fi
Developer shall enter into an Affordable Housing Agreement with the
provide and deed restrict 90 dwelling units as affordable to lower-income hou
for the useful life of the dwelling units either in Planning Area “D” of the
Plan (CT 94-10) or an offkte location to the satisfaction of the Con
Development Director, in accordance with the requirements and process set
Chapter 21.85 of the Carlsbad Municipal Code and the Poinsettia Shores
Plan. The recorded Affordable Housing Agreement shall be binding on al
owners and successors in interest.
Engineering Conditions:
27. This project is located within the West Batiquitos Lagoon Local Coastal P
All development design shall comply with the requirements of that LCP.
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28. Unless a standards variance has been issued, no variance from City Stan
authorized by virtue of approval of this site map.
29. The applicant shall comply with all the rules, regulations and design require]
the respective sewer and water agencies regarding services to the project.
30. The applicant shall be responsible for coordination with S.D.G.&E., Pac
Telephone, and Cable TV authorities.
31. The applicant shall provide an acceptable means for maintaining the
easements within the subdivision and all the private: streets, sidewalks, strec
storm drain facilities and sewer facilities located therein and to distribute t
of such maintenance in an equitable manner among the owners of the pr
within the subdivision. Adequate provision for such maintenance shall be i
with the CC&k subject to the approval of the City Engineer prior to is
building permit.
32. All concrete terrace drains shall be maintained by the homeowner's associ
on commonly owned property) or the individual property owner (if on an indi
owned lot). An appropriately worded statement clearly identifying the respa
shall be placed in the CC&Rs.
33. Prior to hauling dirt or construction materials to or from any proposed cons
site within this project, the applicant shall submit to and receive approval 6
City Engineer for the proposed haul route. The applicant shall comply '
conditions and requirements the City Engineer may impose with regards
hauling operation.
34. Rain gutters must be provided to convey roof drainage to an approved d
course or street to the satisfaction of the City Engineer.
35. Additional drainage easements may be required. Drainage structures s
provided or installed prior to or concurrent with any grading or building pt
may be required by the City Engineer.
36. The applicant shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The applicant shall prov
management practices, as referenced in the "California Storm Watc
Management Practice Handbook", to reduce surface pollutants to an acceptat
prior to discharge to sensitive areas. Plans for such improvements shall be a1
by the City Engineer prior to approval of the final map, issuance of gra
building permit, whichever occurs first.
37. Prior to issuance of any grading or building permit, the design of all private
and drainage systems shall be approved by the City Engineer. The structural
of all private streets shall conform to City of Carlsbad Standards based on
tests. All private streets and drainage systems shall be inspected by the Ci
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standard improvement plan check and inspection fees shall be paid prior issl
any building or grading permit for this project.
38. Prior to occupancy of any unit within this project, the public improven
Avenida Encinas shown on D-337-9 shall be completed to the satisfaction of
Engineer.
Fire Conditions:
39. Prior to the issuance of building permits, complete building plans shall be SI.
to and approved by the Fire Department.
40. Additional onsite public hydrants may be required.
41. Applicant shall submit a site plan to the Fire Department for approval, whicl
location of required, proposed and existing hydrants.
42. Applicant shall submit a site plan to the Fire Department for approval ol
driveways and general traffic circulation.
43. An all-weather access road shall serve the project during construction.
44. All required fire hydrants, water mains and appurtenances shall be operatio1
to combustible building materials being located on the project site.
45. All private driveways shall be kept clear of parked vehicles at all times, a1
have posted “No ParkingFire Lane” pursuant to Section 17.04.020, C
Municipal Code. This provision shall be incorporated into the project’s C(
46. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing :
automatic sprinklers, and other systems pertinent to the project shall be su
to the Fire Department for approval prior to construction.
47. Prior to submittal of water improvement plans, the applicant shall submit to
Department a map, showing the street network, conforming to the following
* 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced
* Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations.
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1 Carlsbad Municipal Water District Conditions:
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48. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow dem;
be met.
49. The developer shall be responsible for all fees, deposits and charges whid
collected before and/or at the time of issuance of building permit. The Sa
County Water Authority capacity charge which will be collected at issr
application for meter installation.
50. This project is approved upon the express condition that building permits wi
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are 2
at the time of application for such water service and sewer permits will con
be available until time of occupancy. This note shall be placed on the fina
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Any revisions to the above referenced and approved water systems analysis 12
51. The developer shall adhere to all conditions as set forth in the Water I!
approved potable water, sewer and reclaimed systems analysis dated March 2
reviewed and approved by the Water District. 13
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The Project is subject to all applicable provisions of local ordinances, including 15
Code Reminders:
limited to the following code requirements:
17 1) Fees:
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52. The Developer shall pay a landscape plan check and inspection fee as req1
Section 20.08.050 of the Carlsbad Municipal Code.
2o ll General:
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building permit issuance, except as otherwise specifically provide herein. 22
53. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
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54. The project shall comply with the latest non-residential disabled access requi:
55. The Developer shall submit a street name list consistent with the City’s strer 25
policy subject to the Planning Director’s approval prior to final map appro1 26
pursuant to Title 24 of the State Building Code.
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Landscape:
56. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file
Planning Department.
Engineerins
57. Based upon a review of the proposed grading and the grading quantities sh
the site plan, a grading permit for this project is required. Prior to issuan
building permit for the project, a grading permit shall be obtained and
completed in substantial conformance with the grading plans.
58. The developer shall exercise special care during the construction phase of this
to prevent offsite siltation. Planting and erosion control shall be prov
accordance with the Carlsbad Municipal Code and the City Engineer. Re
Chapter 11.06.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, held on the 5th day of April, 1
the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas, A
Nielsen, Noble and Savary.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
KIM WhLSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO:
ATTEST:
MICHAEL J. H~LZMKLER
Planning Director
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