HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56121
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PLANNING COMMISSION RESOLUTION NO. 5612
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED AT THE NORTHERN TERMINUS
OF HIGHLAND DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: DUNN RESIDENCE
CASE NO: HDP 02- IO
WHEREAS, James Dum, “Developer”/“Owner,” has filed a verified application
with the City of Carlsbad regarding property described as:
That portion of the northwest quarter of the southwest quarter
of Section 31, Township 11 south, Range 4 west, San Diego
meridian, in the County of San Diego, State of California,
according to the United States Government Survey, approved
April 5, 1881, together with a portion of Lots 4 and 5 of Cedar
Hill addition to the town of Carlsbad, according to Map
thereof No. 532, filed in the office of the County Recorder of
San Diego County, April 25, 1888, all being in the City of
Carlsbad, County of San Diego, State of California and
described as per Grant Deed recorded September 25, 1962 as
File No. 164830 of official records filed in the office of the
County Recorder of San Diego County, State of California,
described herein as Deed 1, along with that portion described
per Corporation Grant Deed recorded April 9,1963 as File No.
60557 of official records, filed in the office of the County
Recorder of San Diego County, State of California, described
herein as Deed 2, and as shown on Record of Survey 13744,
recorded May 7,1992 as File No. 92-27634 filed in the office of
the County Recorder of San Diego County, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “J” dated April 21, 2004, on file in the
Carlsbad Planning Department, DUNN RESIDENCE - HDP 02-10, as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 21st day of April, 2004,
consider said request; and
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WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Hillside Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES DUNN RESIDENCE - HDP 02-10 based on the following
findings and subject to the following conditions:
Findinw :
1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map.
3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that grading provisions for steep slopes allow
disturbance if mandatory findings to allow exceptions can be made. The project
qualifies for an exception because a soils investigation has determined that remedial
grading is necessary to stabilize the slope area for at least 75 years or the life of
proposed structures. Grading of the slope is also essential to the development intent
and design because the single-family lot is undevelopable without slope stabilization
due to past undocumented fill which has eroded over time. No interruption of a
significant wildlife corridor will occur. The proposed slope combined with two 6'
high retaining walls at the base of the slope avoids impacts to sensitive vegetation
located on steep slopes further to the north. The project is conditioned to comply
with the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban
Runoff Management Program (JUMP) to avoid increased urban run off,
pollutants and soil erosion and to require a Storm Water Management Plan to
address filtration of anticipated pollutants through utilization of best management
practices.
4. That the proposed development or grading will not occur in the undevelopable portions of
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in
that pursuant to Section 21.203.040A(2)(a), the project qualifies for an exception as
stated in Item 3 above.
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5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that hillside development standards
pertaining to development over the top edge of manufactured slopes and slope edge
building setbacks are not applicable to the proposed structures because the slope is
not located along the perimeter of the property. The 7:l top of slope setback
standard does not apply to this project due to the limited width of the buildable pad
area. Utilization of the entire building pad width, exclusive of a storm drain
easement and setbacks, is necessary to ensure reasonable use of the property.
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that although remedial grading necessary to stabilize a developable building pad
consists of some grading on steep to moderate sloping bluffs to the north of the
proposed development, the graded 2:l slopes will resemble existing conditions, be
revegetated with native vegetation, and remain undeveloped open space.
7. That the site has unusual geotechnical or soil conditions that necessitate corrective work
that may require significant amounts of grading, in that the Geotechnical Report
prepared by Vinje & Middleton Engineering for the site specifies that remedial
grading (10,000+ cubic yards) consisting of removal and recompaction of
undocumented fill is required to stabilize a buildable pad for a single-family
residence and accessory structures.
8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
9. The Planning Commission/City Council hereby finds that all development in Carlsbad
benefits from the Habitat Management Plan, which is a comprehensive conservation plan
and implementation program that will facilitate the preservation of biological diversity
and provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
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preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
10.
Conditions:
Note:
1.
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5.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or fwrther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Hillside Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development PermitEoastal Development Permit
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development different from this approval, shall require
an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Hillside Development Permit,
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6.
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(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Department a reproducible 24” x 36” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Addendum, and Mitigation Monitoring and Reporting Program, CDP 02-42 and is
subject to all conditions contained in Planning Commission Resolutions No. 5611 and
5613 for those other approvals incorporated herein by reference.
Developer shall implement, or cause the implementation of, the Dunn Residence Project
Mitigation Monitoring and Reporting Program.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
At issuance of building permits, or prior to the approval of a final map andor issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing impact fee as
an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as established by City Council Resolution fiom time to time.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
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15.
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Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
Prior to issuance of a building permit, the Developer shall: 1) consult with the United
States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2)
obtain any permits required by the USWFS.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Hillside Development Permit and Coastal Development
Permit by Resolutions No. 5612 and 5613 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
Removal of native vegetation and development of Open Space, including but not limited
to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other
than that approved as part of (the grading plan, improvement plans, biological
revegetation program, landscape plan, etc.) as shown on Exhibits “A” and “D” is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, and (California
Coastal Commission if in Coastal Zone), based upon a request from the Homeowner
accompanied by a report from a qualified arboristhotanist indicating the need to remove
specified trees and/or plants because of disease or impending danger to adjacent habitable
dwelling units. For areas containing native vegetation the report required to accompany
the request shall be prepared by a qualified biologist.
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19.
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21.
A 6’ solid masonry wall with pilasters and cap as shown on Exhibit “I” shall be
installed along the side property lines abutting existing development. Within the
front yard setback, the wall shall not exceed 42.”
If any outdoor lighting that will illuminate the open space to the north is proposed,
the applicant shall submit a lighting plan that identifies the extent of the
illumination based on the location and type of lighting proposed. Lighting of open
space areas shall be minimized to the greatest extent possible.
Construction shall be scheduled to occur outside the bird nesting season (February
15 - August 31) or assure that construction activity will not result in noise levels
above 60 dBA leq at the nest site. If construction is planned during the bird nesting
season, vegetation should be cleared prior to the nesting season. Additionally, if
construction occurs during raptor nesting season (approximately February 1 to
August 30) a qualified biologist shall conduct a pre-construction survey of the
project site and surrounding habitat to determine whether there are active raptor
nests within the area. If an active raptor nest is observed, a buffer shall be
established between the construction activities and the nest so that nesting activities
are not interrupted. The buffer should be a minimum of 500 feet and should be in
effect as long as construction is occurring and/or until the nest is no longer active.
En pineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Hillside Development Permit, must be met prior to approval of a
building or grading permit whichever occurs first.
General
22. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval fi-om, the City
Engineer for the proposed haul route.
23. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
24. Prior to the issuance of a grading permit, the property owner shall enter into an
encroachment agreement with the City for the proposed private drainpipe
connection to the proposed public storm drain.
FeedAgreements
25. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
26. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
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27. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
28. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
29.
30.
31.
Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
All pad drainage shall be designed to flow away from the slope and to Highland
Drive in the event that drainage into any of the yard drain inlets is blocked.
Dedications/Improvements
32. Developer shall cause Owner to make an offer of dedication to the City and/or other
appropriate entities for the proposed 20-foot wide storm drainage easement and water
meter easement shown on the site plan. The offer shall be made by a separate recorded
document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that are already public are not required to be
rededicated. The alignment and size of said easements shown on the site plan are
subject to change. Said easements shall be aligned and sized per the final approved
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33.
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alignments and sizes shown on the City Storm Drain Construction Plans (DWG 413-
9, Project No. 39051) on file with the City.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
The public storm drain, inlets, outlet and other related appurtenances must be
installed prior to the issuance of a building permit. All pipe and related facilities
shall be constructed per Drawing 413-9 (Project No. 39051) on file with the City
unless otherwise directed by the City Engineer. The Developer may construct the
storm drain improvements or allow the City to construct or contractually construct
said improvements. If the Developer chooses to construct said improvements, he
shall, unless otherwise permitted by the City Engineer, execute and record a City
standard Development Improvement Agreement to install and secure with appropriate
security as provided by law, public storm drain improvements per said Drawing to City
Standards to the satisfaction of the City Engineer. Improvements shall be constructed
within 18 months of approval of the development improvement agreement or such other
time as provided in said agreement. The Developer may be eligible for reimbursement
from the City. Reimbursement of any costs must be approved via a reimbursement
agreement with the City prior to the issuance of a grading permit.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a)
b)
c)
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
d)
e)
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f) identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
Water:
37.
38.
39.
40.
- Fire:
41.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Maintain sixty (60) feet from all structures in accordance with the City of Carlsbad
Landscape Manual as shown on Exhibit “A.” Plans shall be submitted to the fire
department for review and approval of the required fire suppression zones.
Code Reminders:
42. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions .”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of April, 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez,
Heineman, Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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