HomeMy WebLinkAbout1998-01-21; Planning Commission; Resolution 4222-
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PLANNING COMMISSION RESOLUTION NO. 4222
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
STORY BUILDINGS CONTAINING A TOTAL OF 184,000
SQUARE FEET FOR OFFICE, RESEARCH AND
DEVELOPMENT, AND WAREHOUSE USES ON 11.55 ACRES
GENERALLY LOCATED ON THE EAST SIDE OF FLEET
STREET BETWEEN ARMADA DRIVE AND LEG0 DRIVE
WITHIN PLANNING AREA 2 OF THE CARLSBAD RANCH
SPECIFIC PLAN IN THE COASTAL ZONE AND LOCAL
FACILITIES MANAGEMENT ZONE 13
CASE NAME: CARLSBAD RANCH LOTS 9 & 10
CASE NO.: SDP 97-14
WHEREAS, KOLL Real Estate Group , “Developer”, has filed a
application with the City of Carlsbad regarding property owned by the Carltas Cc
“Owner”, described as
DEVELOPMENT PLAN NO. SDP 97-14 FOR FOUR TWO-
Lots 9 and 10 of Carlsbad Tract No. 94-09, Carlsbad Ranch
units 2 and 3 per map no. 13408, filed April 1, 1997, in the
Office of the County Recorder, as file no. 1997-147754, in the
City of Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devc
Permit as shown on Exhibits “A” - “L” dated January 21, 1998, on file in the
Department, Carlsbad Ranch Lots 9 & 10, SDP 97-14 as provided by Chapter 21.a
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of Januar
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 tl
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 E
Commission APPROVED, Carlsbad Ranch Lots 9 & 10, SDP 97-14 I
the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envir
settings, is consistent with the various elements and objectives of the General I
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrow
traffic circulation, in that the project design complies with the requiremen
Carlsbad Ranch Specific Plan and all other requirements applicable to the
as all required building and landscape setbacks which have been incorpor:
the site design. The Carlsbad Ranch Specific Plan was found to be in COI
with the General Plan and contains a detailed description of the plan's COI
with the General Plan in Section I. H.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that all applicable code requirements have been met. Required parking is 1
onsite. Building coverage is proposed at 16.6 percent for lot 9 and 19.86 pe:
lot 10 and the development standards of the Carlsbad Ranch Specific Plan :
up to 50 percent building coverage if all parking is provided :
Approximately 11 percent of the parking area on lot 9 and 10 percent on IC
be landscaped while only 3 percent is required and a total of 29 percent of
of lot 9 and 20 percent of lot 10 will be landscaped.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that berming, landscaping, a screen wall and the
placement are proposed to screen the loading area. Berming and landsca
also proposed to screen the parking areas except where it would conflict w
distance requirements. Adequate vehicle circulation has been pro1
accommodate vehicle and truck, turning movements on site. Access to the
be provided from Fleet Street. Pedestrian connections to the overall pc
circulation system of the Carlsbad Ranch have been provided.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that the proposed use is consistent with
analyzed in the circulation analysis prepared for Program EIR 94-01
Carlsbad Ranch Specific Plan. With required street improvements the
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specific impacts can be mitigated to a level less than significant. O\
considerations were previously adopted for the cumulative impact to 1-5 and
5. The Planning Commission finds that:
a. there was an EIR certified in connection with the prior Speci
Amendment (SP 207(A)) and related actions;
b. the project has no new significant environmental effec not analyzed as si
in the prior EIR ; and
c. none of the circumstances requiring Subsequent or a Supplemental E:
CEQA Guidelines Sections 15 162 or 15 163 exist;
6. The Planning Commission finds that all feasible mitig3tion measures 01
alternatives identified in EIR 94-01 which are appropriate to this Subsequen
have been incorporated into this Subsequent Project.
7, The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility poli
ordinances since:
a. The project has been conditioned to ensure the building permits will not ’
for the project unless the District Engineer determines that sewer s.
available, and building cannot occur within the praject unless sewel
remains available, and the District Engineer is satisfied that the require!
the Public Facilities Element of the General Plan ha1.e been met insofa
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availa.bility of school fa(
the Carlsbad Unified School District.
c. All necessary public improvements have been provided or are req
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an ap
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be ,
concurrent with need as required by the General Plan.
8. 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 ac
requirements established by a Local Facilities Management Plan prepared pur
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avail:
public facilities and will mitigate any cumulative impacts created by the project.
9. This project has been conditioned to comply with any requirement approved as pi
Local Facilities Management Plan for Zone 13.
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10. The project is consistent with the Comprehensive Land Use Plan (CLUP:
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the a
shall record a notice that the property is subject to overflight, sight and ~
aircraft operating from McClellan-Palomar Airport. The project is compal
the projected noise levels of the CLUP; and, based on the noise/land use corn
matrix of the CLUP, the proposed land use is compatible with the airport, in
project site falls outside the 60 CNEL noise contours and the proposed lam
compatible use at these noise levels .
11. A growth management park fee of 40 cents per square foot of non-re
development will be collected at the time of building permit issuance, Thii
be used to construct recreational facilities to offset the demand created by er
within Zone 13.
12. The Planning Commission has reviewed each of the exactions imposed on the C
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro,
13. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
14. The project complies with the development standards and design guidelinr
Carlsbad Ranch Specific Plan (SP 207(A)).
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s), as necessary, to mi
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify? protect, del
hold harmless the City of Carlsbad, its Council members, officers, employees, agc
representatives, from and against any and all1 liabilities, losses, damages, demand:
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Site Development I
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a
Developer/Operator’s installation and olperation of the facility permitted
including without limitation? any and all liabilities arising from the emission
facility of electromagnetic fields or other energy waves or emissions.
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The Developer shall provide the City with a reproducible 24" x 36", mylar coy
Site Plan as approved by the final decision making body. The Site Plan shall rc
conditions of approval by the City. The Plan copy shall be submitted to the City :
and be approved prior to building, grading, final map, or improvement plan s1
whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24" x 36" blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devc
Permit and signed approved site plan.
Building permits will not be issued for development of the subject property u:
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy
The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as ame:nded from time to time, and any devc
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill thle subdivider's agreement to pay th
facilities fee dated July 30, 1997, a copy of which is on file with the City Clel
incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The ar
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
This project shall comply with all conditions and mitigation measures which are
as part of the Zone 13 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limite
following:
a) A growth management park fee of 40 cents per square foot of non-re,
development will be collected at the time of building permit issuanc
fee will be used to construct recreational facilities to offset the
created by employees within Zone 13.
Approval of SDP 97-14 is granted subject to the approval of CDP 97-31. SDP
subject to all conditions contained in the Planning Commission Resolution for 1
31.
1 1. Prior to the issuance of the Building Permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sa.
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan and Coastal Developmen
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by Resolutions No. 4222 and 4223 on the real property owned by the Develo]
Notice of Restriction shall note the property description, location of the file c
complete project details and all conditions of approval as well as any conc
restrictions specified for inclusion in the Notice of Restriction. The Planning Dil
the authority to execute and record an amendment to the notice which mc
terminates said notice upon a showing of good cause by the Developer or suc
interest.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall \n
pursuant to City standards. Location of said receptacles shall be approvec
Planning Director prior to building permit issuance. Enclosure shall be show
building plans to be of similar colors andor materials to the project to the satisl
the Planning Director prior to building permit issuance.
13. An exterior lighting plan including parking areas shall be submitted for Planning
approval prior to building permit issuance. All lighting shall be designed
downward and avoid any impacts on adjacent homes or property. The maximu
of all light fixtures shall not exceed 30 feet.
14. No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chie
Planning Director.
15. The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t:
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
17. Building identification andor addresses shall be placed on all new and existing 1
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
18. Prior to the issuance of building permits the Developer shall prepare and record
that this property is subject to overflight, sight and sound of aircraft operati
McClellan-Palomar Airport, in a form meeting the approval of the Planning Din
the City Attorney (see Noise Form #2 on file in the Planning Department).
19. The Developer is aware that the City is preparing a non-residential housing in
(linkage fee) consistent with Program 4.1 of the Housing Element. The apy
further aware that the City may determine that certain non-residential projects n
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to pay a linkage fee, in order to be found consistent with the Housing Eleme
General Plan. If a linkage fee is established by City Council ordinance and/or r
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developme
existing development, in which case, the fee shall be paid on approval of the f
parcel map or certificate of compliance, required to process the non-resident
whichever pertains. If linkage fees are required for this project, and they are not
project will not be consistent with the Gleneral Plan and approval for this prc
become null and void.
20. Prior to building permit issuance the Developer shall submit a soli
management plan for review and approval by the Planning Director. The p
provide the following:
a) The approximate location, type and number of containers to be
collect refuse and recyclables.
b) Refuse and recyclable collection methods to be used.
c) A description and site plan for any planned on-site processing fac
equipment (balers, compactors).
d) A description of the types of recycling services to be provid
contractual relationships with vendors to provide these services.
e) The estimated quantity of was8te generated and estimated quan
recyclable materials.
This plan shall also evaluate the feasibility of the following d
programs/measures:
i) Source separated green waste collection.
ii) Cardboard recycling.
iii) Programs which provide for the separation of wet (disposal
dry (recoverable) materialis.
iv) Where feasible, providing compactors for non-recyclables ta
the number of trips to disposal facilities.
21. Prior to occupancy the developer shall submit a final security plan for rev
approval of the Carlsbad Police Department. The plan shall include info
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about internal security programs, security systems and devices and a1
information required by the Police Depalrtment.
22. Prior to building permit issuance the developer shall submit evidence that
implement the following air quality mitigation measures:
a) Provide commuter information areas on site for employees.
b) Implement flexible or staggered employee shift start and finish times
to reduce the number of vehicle trips generated by the project du
morning and evening peak hour commute.
c) Develop a trip reduction plan to achieve 1.5 AVR (Average vehicle ric
23. The Developer shall provide a bus stop to service this development at the
indicated on the project plans to the satisfaction of the North County Transit Di:
the Planning Director. Said facilities shall include a bus shelter, a bench f
advertising, and a pole for the bus stop sign. The bench and pole shall be de;
enhance or be consistent with the basic architectural theme of the project.
The design of the required bus shelter shall be compatible with the
architecture. Plans for the bus shelter design shall be submitted to the 1
Director and the North County Transit District for review and approval
the issuance of a building permit for the project. The bus shelter ,
constructed prior to occupancy of the project.
24. Compact parking spaces shall be located in large groups, and in location;
marked to the satisfaction of the Planning Director.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions,
approval of this Site Development Plan and Coastal Development Permit, must be 1
to issuance of any building permit.
25. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condil
requirements the City Engineer may impose with regards to the hauling operation
26. The developer shall provide for sight distance corridors at all project drivc
accordance with Engineering Standards and the Engineering Site Deve
PlanRreliminary Grading Plan and shall record the following statement on tl
Architectural Site Development Plan (revise Site Note No. 4) and Prel
Landscape Plan:
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"NO structure, fence, wall, tree, shrub, sign, or other object over 30 ir
above the street level or vegetation having a canopy of less than 8 feet
shall be placed or permitted to encroach within the area identified as a
distance corridor in accordance with City Standards and the Engineering
Development PlanRreliminary Grading Plan of this plan set.
underlying property owner shall maintain this condition."
27. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance v
Council Resolution No. 9 1 -3 9.
28. The developer shall pay all current fees and deposits required.
29. The developer shall comply with the City's requirements of the National :
Discharge Elimination System (NPDES) permit. The developer shall pro1
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved to the satisfa
and by the City Engineer, in accordance with the following:
A. Fossil type filters shall be installed at storm drain
inlets/inverts, as shown on the Engineering Site Development
PlanRreliminary Grading Plan.
30. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parking area and
with an ADT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
31. Reciprocal access easements and mainte:nance agreements shall be executed
developer and adjacent property owners for the shared driveway access ala
Street (at Lot 11). Depending on property ownership, these easeme
agreements shall be executed in accorda~nce with the following:
a) If different property ownership - Reciprocal access easements
maintenance agreements shall be executed with the developer
adjacent property owner.
b) If same property ownership - Covenants for reciprocal access
easements and maintenance agreements shall be executed wit1
developer.
32. The raised median "nose" for the proposed northerly driveway for Lot No.
be relocated so that it does not encroach into the existing 10' General Ac
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Public Utility easement. This revision shall be shown on the mylar Engineel
Development PladPreliminary Grading Plan.
33. All monument signs shall be installed at !locations as shown on the Engineeri~
Development PlanRreliminary Grading Plan.
34. In accordance with Condition No. 32 above, the proposed monument sign lo(
the south side of the proposed driveway for Lot No. 10, shall be relocated s
does not encroach into the sight distance sight line as shown on the Engineel
Development PlanRreliminary Grading Plan. This revision shall be show]
mylar Engineering Site Development PladPreliminary Grading Plan.
35. All existing and proposed easements shall be shown on the mylar Prel
Landscape Plan, in accordance with the Engineering Site Deve
PlanRreliminary Grading Plan.
36. The Architectural, Preliminary Landscape and Engineering Site Deve
PlanRreliminary Grading Plan’s shall be combined and numbered as I
Development Plan mylar plan set.
37. This project is within the proposed boundary of the Cannon Road West Br
Thoroughfare Fee District. This project is required to pay a fair share con
towards the construction of Cannon Road in accordance with the proposed fee
Developer shall enter into an agreement with the City providing that, if the fee di
not been formed prior to issuance of building permits for the project, the owner ~
a fee, in an amount currently estimated to be $210.0O/ADT attributabll
project, subject to potential increase or decrease at time of building per1
correspondingly increased fee, or reimbursed), and shall enter into an agreen
the City not to oppose the formation of ,a fee district and pay the project’s f
contribution towards the construction of Cannon Road in accordance with th
adopted fee program.’’
Water:
38. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow demand
met.
39. The Developer shall be responsible for all fees, deposits and charges whicl
collected before andor at the time of issuance of the building permit. The Si
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
40. Sequentially, the Developer’s Engineer shall do the following:
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A. Meet with the City Fire Marshal and establish the fire protection requi
Also obtain G. P. M. demand for domestic and irrigational needs from apI
ate parties.
B. Prepare a colored reclaimed wate:r use area map and submit to the
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvemen
meeting must be scheduled with thle District Engineer for review, corn
approval of the preliminary system :layouts and usages (i.e. - GPM - EDU;
41. This project is approved upon the express condition that building permits wil
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are avE
the time of application for such water service and sewer permits will continl
available until time of occupancy. This note shall be placed on the final map.
Fire:
42. Prior to the issuance of building permits, complete building plans shall be app~
the Fire Department.
43. Additional on-site public water mains and fire hydrants are required.
44. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing public water mains and fire hydran
plan should include off-site fire hydrants within 200 feet of the project.
45. Applicant shall submit a site plan depict.ing emergency access routes, drive-
traffic circulation for Fire Department approval.
46. An all weather, unobstructed access road suitable for emergency service vehicles
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations cease I
condition is corrected.
47. All required water mains, fire hydrants and appurtenances shall be operationa
combustible building materials are located on the construction site.
48. Prior to building occupancy, private roads and driveways which serve as require1
for emergency service vehicles shall be posted as fire lanes in accordance 1
requirements of Section 17.04.020 of the C,arlsbad Municipal Code.
...
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49. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
50. An approved automatic fire sprinkler system shall be installed in buildings h
aggregate floor area exceeding 10,000 square feet.
General:
51. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time; if any of such conditions fail tl
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s apl
this Site Development Plan.
Standard Code Reminders:
52. The Developer shall pay a landscape plan check and inspection fee as required b!
20.08.050 of the Carlsbad Municipal Code.
53. This approval shall become null and void if building permits are not issued
project within two (2) years fiom the date (of project approval.
54. Approval of this request shall not excuse compliance with all applicable sectioI
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
55. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
56. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered fiom adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic I Directors of Community Development and Planning.
57. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the I
Department.
58. Any signs proposed for this development s:hall at a minimum be designed in conf
with the City’s Sign Ordinance and the Crlrlsbad Ranch Specific Plan and shal
review and approval of the Planning Director prior to installation of such signs.
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The project is subject to all applicable provisions of local ordinances, including but not 1
the following:
59. The developer shall exercise special care during the construction phase of this I
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of January 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Savary, WI
Compas and Nielsen
NOES:
ABSENT:
ABSTAIN:
ING COMMISSION
ATTEST:
MICHAEL J. H~ZMI~ER
Planning Director
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28 PC RES0 NO. 4222 -13-