HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4284*
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PLANNING COMMISSION RESOLUTION NO. 4284
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 97-23 TO CREATE AND
DEVELOP A 9-LOT RESIDENTIAL SUBDIVISION ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF THE INTERSECTION OF MAGNOLIA AVENUE
AND ADAMS STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: MAGNOLIA SUBDIVISION
CASE NO.: CT 97-23
WHEREAS, Michael D. O’Gara, “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Ettore S. Bertagnolli and G
Bertagnolli, husband and wife as joint tenants, “Owner”, described as
A portion of Lots 13 and 17, Block “B” per map 2027.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati
Map as shown on Exhibit(s) “A” - “C” dated July 1, 1998, on file in the Planning De
MAGNOLIA SUBDIVISION, CT 97-23, as provided by Title 20 of the Carlsbad h
Code; and
WHEREAS, the Planning Commission did, on the 1st day of July 199;
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tr
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Tentative Tract Map.
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.
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B) That based on the evidence presented at the public hearing, the Con
APPROVES MAGNOLIA SUBDIVISION, CT 97-23, based on the fc
findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdi.
conditioned, is consistent with and satisfies all requirements of the General F
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in tha
proposed project’s effective density of 4.67 du/ac is consistent with the Gene
through the application of the special density allocation criteria containel
General Plan; 2) the project is designed in accordance with all ay
requirements of the City’s Subdivision regulations; 3) the proposed lots s
yard setbacks comply with all applicable requirements of the City’s
regulations; 4) the project complies with Section 21.10.015 governing
dwelling units; and 5) the project provides all public improvements nece;
serve the proposed residential development.
2. That the proposed project is compatible with the surrounding future land use:
surrounding properties are designated for €UM (Residential Low - Medium)
residential and TR/O (Travel Recreation/Office) development on the Gener
and the proposed project is a residential development with a proposed dt
4.67 dwelling units per acre, which is consistent with the RLM Gene1
designation through the application of the General Plan special density a1
criteria and is designed to be compatible with the surrounding similar sing1
detached land uses.
3. That the site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential development at thl
proposed, in that the proposed lots all exceed the minimum lot size require]
the zone and can easily accommodate the proposed structures while prov
required front, side, and rear yard setbacks, and the project complies with
standards for lot configuration, street widths, grading and drainage
development.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquire(
public at large, for access through or use of property within the proposed subdil
that the project has been designed such that there are no conflicts with any
easements.
5. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future pz
natural heating or cooling opportunities in the subdivision, in that the project
dominated by westerly wind patterns which will allow the utilization of
heating and cooling opportunities and the dwelling units have been desig~
oriented to maximize the passive heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing 1
by this subdivision, the housing needs of the region, and balanced those housil
against the public service needs of the City and available fiscal and envirc
resources.
8. That the design of the subdivision and improvements are not likely to cause su
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the site contains no habitat and does not serve as a wildlife m
corridor.
9. That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the pro
been designed in accordance with City required sewer and drainage f
Pursuant to City Engineering standards, the project is conditioned to coml
National Pollution Discharge Elimination System (NPDES) standards to
any discharge violations.
10. The Planning Commission finds that the project, as conditioned hereil
conformance with the Elements of the City's General Plan, based on the followinj
a. Land Use: The project is consistent with the City's General Plan 5
proposed density of 4.67 ddacre is consistent with the General Pla
designation through the application of the special density allocation
contained in the General Plan Land Use Element as the project is COI
with the objectives, policies, and general land uses and programs e:
in the Land Use Element and does not exceed the maximum allocr
more than an additional 25%;
b. Circulation: The project is consistent with the Circulation Elemen
General Plan in that 1) the project will provide dedications
improvements for Magnolia Avenue and Adams Street, thus provi
adequate circulation around and within the project, and 2) the pra
provide all required parking for the residential units on-site; and
C. Housing: That the project is consistent with the Housing Element of thc
Plan and the Inclusionary Housing Ordinance as the Developer 1
conditioned to enter into an Affordable Housing Agreement to provide
restrict one second dwelling unit as affordable to lower-income househol
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11. 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 the final map will not be a
unless the City Council finds that sewer service is available to serve the
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cann
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
b. Statutory School fees will be paid to ensure the availability of school fac
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.
12. 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 a1
requirements established by a Local Facilities Management Plan prepared pm
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.
13. This project has been conditioned to comply with any requirement approved as pi
Local Facilities Management Plan for Zone 1.
14. That the project will provide sufficient additional public facilities for the dc
excess of the control point to ensure that the adequacy of the City’s public facil
will not be adversely impacted, in that the Local Facilities Management Plan i
1 anticipated the development of the subject site at the proposed dens
consequently, anticipated the facilities requirements of the project as p
making the provision of additional facilities beyond those already identifie
adopted Zone 1 Local Facilities Management Plan unnecessary.
15. That all necessary public facilities required by the Growth Management Ordin:
be constructed or are guaranteed to be constructed concurrently with the need
created by this project and in compliance with adopted City standards, in that thc
is conditioned to comply with all applicable requirements of the Local 1
Management Plan for Zone 1 and no additional facilities beyond those ider
the Zone 1 Plan are required.
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16. That the property cannot be served adequately with a public street without panha]
due to unfavorable conditions resulting from unusual topography, surroundi
development, or lot configuration, in that the site is an in-fill site for wh
surrounding public street system is fully developed with similar singlc
residential development.
17. That subdivision with panhandle lots will not preclude or adversely affect the 2
provide full public street access to other properties within the same block of tht
property, in that the subject lots are the last lots in the block to be developed 2
cannot be served except by the creation of panhandles, and all other lots in
are already served by the existing street system.
18. That the buildable portion of the lot consists of a minimum of 8,000 square fee
meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Municipal Coc
19. That the front, sides, and rear property lines, for purposes of determining requirt
are as shown on Exhibits “A” - “C”, on file in the Planning Department.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Tract Map documents necessary to ma
internally consistent and in conformity with final action on the project. Devt
shall occur substantially as shown in the approved Exhibits. Any proposed devt
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar co1
Tentative Map as approved by the final decision making body. The Tentat
shall reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp1
plan submittal, whichever occurs first.
4. The final map shall not be approved unless the City Council finds as of the timc
approval that sewer service is available to serve the subdivision.
5. 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 ar
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
6. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended from time to time, and any dev
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad pl
Code or other ordinance adopted to implement a growth management system or I PC RES0 NO. 4284 -5-
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and Improvement Plan and to fulfill the subdivider’s agreement to pay thc
facilities fee dated January 15, 1998, a copy of which is on file with the City C
is 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.
7. 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.
8. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
9. If any condition for construction of any public improvements or facilities, or the !
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro1
Government Code Section 66020. If any such condition is determined to be ink
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
10. Approval of CT 97-23 is granted subject to the approval of SDP 97-26. CT
subject to all conditions contained in Planning Commission Resolution No. d
SDP 97-26.
11. 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 sat
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Tentative Tract Map and Site Development
Resolutions No. 4284 and 4285 on the real property owned by the Develop<
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 cond
restrictions specified for inclusion in the Notice of Restriction. The Planning Dirt
the authority to execute and record an amendment to the notice which mo(
terminates said notice upon a showing of good cause by the Developer or suc(
interest.
12. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
is subject to overflight, sight and sound of aircraft operating from McClellan-
Airport, in a form meeting the approval of the Planning Director and the City Attc
13. Prior to the approval of the final map for any phase of this project, the Develo
enter into an Affordable Housing Agreement with the City to provide and deer
one second dwelling unit (on Lot 7) as affordable to lower-income household
useful life of the dwelling units, in accordance with the requirements and process
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in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable
Agreement shall be submitted to the Planning Director no later than August 1
The recorded Affordable Housing Agreement shall be binding on all future ow
successors in interest.
14. The developer must obtain approval of a Second Dwelling Unit permit
required second dwelling unit prior to approval of the Building Permit for th
15. The developer shall comply with all applicable requirements of thc
Landscape Guidelines Manual.
Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering cc
upon the approval of this proposed major subdivision must be met prior to approval c
map.
16. Prior to issuance of any building permit, the developer shall comply 7
requirements of the City's anti-graffiti program for wall treatments if and whe
program is formally established by the City.
17. This project is approved for up to two (2) final subdivision maps for the pur
recordation.
18. If the developer chooses to record a final subdivision map out of the phase show
tentative map, the new phasing must be reviewed and approved or conditionally i
by the City Engineer and Planning Director.
19. Rain gutters must be provided to convey roof drainage to an approved drainage (
street to the satisfaction of the City Engineer.
20. All concrete terrace drains shall be maintained by the homeowners' associatic
commonly owned property) or the individual property owner (if on an ind
owned lot). An appropriately worded statement clearly identifying the respc
shall be placed in the CC&Rs (if maintained by the Association) and on the Fi:
(Note: Whenever CC&Rs are referred to, an alternative covenant
restriction may be used, subject to the approval of the City Engineer.)
21. The developer shall defend, indemnifj and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or it
officers, or employees to attack, set aside, void or null an approval of the 1
Planning Commission or City Engineer which has been brought against the Ci
the time period provided for by Section 66499.37 of the Subdivision Map Act.
22. Prior to hauling dirt or construction materials to or from any proposed construl
within this project, the developer shall submit to and receive approval from 1 PC RES0 NO. 4284 -7-
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Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regard to the hauling operation.
23. The developer shall provide for sight distance corridors at all panhandle or c
driveway locations/street intersections in accordance with Engineering Stand:
shall record the following statement on the Final Map (and in the CC&Rs):
a. "No structure, fence, wall, tree, shrub, sign, or other object over 30 inchc
the street level may be placed or permitted to encroach within the area ic
as a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall main1
condition."
24. The developer shall pay all current fees and deposits required.
25. The owner shall execute a hold harmless agreement for drainage.
26. Notes to the following effects shall be placed on the final map as non-mapping da
A. All improvements are private and are to be privately maintained with the excc
the following:
1. The onsite 8" sewer main within the 15' public utility easement as shorn
tentative map.
B. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available.
27. Drainage, maintenance and hold harmless: The owner of this property on 1
itself and all of its successors in interest has agreed to hold harmless and inden
City of Carlsbad fiom any action that may arise through any drainage and su
damage that may occur on, or adjacent to, this subdivision due to its design, cons
operation or maintenance.
28. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
29. Based upon a review of the proposed grading and the grading quantities shorn
tentative map, a grading permit for this project is required. The developer mu!
and receive approval for grading plans in accordance with city codes and stande
to issuance of a building permit for the project.
30. Prior to issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
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3 1. No grading for private improvements shall occur outside the limits of the suk
unless a grading or slope easement or agreement is obtained from the owner
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develo]
either amend the tentative map or modify the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
32. Additional drainage easements may be required. Drainage structures shall be pro
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
33. The owner shall make an offer of dedication to the City for all public strl
easements required by these conditions or shown on the tentative map. The offer
made by a certificate on the final map for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without co
City. Streets that are already public are not required to be rededicated.
34. The developer shall comply with the City's requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall pro\
management practices as referenced in the "California Storm Water Best Man
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and tc
the following:
a. All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mi
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into sto
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments sl
Federal, State, County and City requirements as prescribed in their r(
containers.
c. Best Management Practices shall be used to eliminate or reduce surface F
when planning any changes to the landscaping and surface improvements
35. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map, and the following improvemc
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a. Half (x) street improvements to Adams Street along the prc
boundary, with any required transitions to existing improvements.
b. Reconstruction of improvements to Magnolia Avenue, including bul
limited to removal and reconstruction of the curb, gutter and/or sidel
and the addition of driveways, drainage outlets and underground u'
connections.
A list of the above improvements shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc
shall be constructed within 18 months of approval of the secured improvement ai
or such other time as provided in said agreement.
Fire Conditions:
36. Prior to the issuance of Building Permits, complete building plans shall be appr
the Fire Department.
37. Applicant shall submit a site plan to the Fire Department for approval, whick
location of required, proposed and existing public water mains and fire hydrar
plan should include off-site fire hydrants within 200 feet of the project.
38. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
39. 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 1
condition is corrected.
40. All required water mains, fire hydrants and appurtenances shall be operation:
combustible building materials are located on the construction site.
41. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance -
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
42. The applicant shall provide a street map which conforms to the following requi
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1
existing intersections or streets. The map shall also clearly depict street cel
hydrant locations, and street names.
43. A monument sign shall be installed at the entrance to the driveway or privs
indicating the addresses of the buildings on site.
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Water Conditions:
44. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Sa
County Water Authority capacity charge will be collected at issuance of applic;
any meter installation.
45. The Developer shall provide detailed information to the District Engineer regardi:
demand, irrigation demand, fire flow demand in gallons per minute, and project6
flow in million gallons per day.
46. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate (
pressure and flow demands can be met.
47. All District pipelines, pump stations, pressure reducing stations and appur
required for this project by the District shall be within public right-of-way a
easements granted to the District or the City of Carlsbad.
48. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirem
b. Prepare and submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District E
and
c. Prior to the preparation of sewer, water and recycled water improveme
the Developer shall submit preliminary system layouts to the District Eng
review, comment and approval.
49. The following note shall be placed on the final map: “This project is approved
expressed condition that building permits will not be issued for developmer
subject property unless the District serving the development has adequate \;c
sewer capacity available at the time development is to occur, and that such M
sewer capacity will continue to be available until time of occupancy.”
50. All potable water and recycled water meters shall be placed within public right-o:
General Conditions:
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 t
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 01
issued under the authority of approvals herein granted; institute and prosecute litj
compel their compliance with said conditions or seek damages for their viol:
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vested rights are gained by Developer or a successor in interest by the City’s apy
this Tentative Tract Map.
Code Reminders:
This project is subject to all applicable provisions of local ordinances, including but no
to the following code requirements.
52. The developer shall exercise special care during the construction phase of this F
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
53. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
54. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for convenil
“fees/exactions.”
You have 90 days from July 1, 1998 to protest imposition of these feedexactions. If yo.
them, you must follow the protest procedure set forth in Government Code Section 6602(
file the protest and any other required information with the City Manager for prom
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fol
procedure will bar any subsequent legal action to attack, review, set aside, void, or an
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in connection ’
project; NOR DOES IT APPLY to any feedexactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 1st day of July 1998
following vote, to wit:
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AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, Savary, and Welshons
6 ll NOES:
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ABSENT:
ABSTAIN:
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"Z> $4 k?' *.* p,, 49 p .. .? >/ :y<*> /$&a& .. * -,T c' .I < ,: 2 <* .. .":/ ,, ~ A.,+4L ~ e:" .re. -i
BAILEY NOM&, Chairperson
CARLSBAD FLAWING COMMISSION
ATTEST:
MICHAEL J. HOBMI~~R "
Planning Director
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28 PC RES0 NO. 4284 -13-