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HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61571 PLANNING COMMISSION RESOLUTION NO. 6157 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A FIRE 4 STATION ON PROPERTY GENERALLY LOCATED ON A 5 0.5-ACRE VACANT SITE AT 7201 RANCHO SANTA FE ROAD APPROXIMATELY 0.5 MILE SOUTH OF SAN ELIJO 6 ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: FIRE STATION NO. 6 7 CASE NO.: CUP 05-13 g WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified application with 9 the City of Carlsbad regarding property described as 10 That portion of Section 31, Township 12 South, Range 3 West, San Bernardino Base and Meridian, in the City of Carlsbad, 12 County of San Diego, State of California described in the corporation grant deed from the Daon Corporation to the City 13 of Carlsbad, a municipal corporation, recorded March 8,1984, as instrument number 84-85792 and also shown as being the 14 "Not A Part" Parcel on sheet 25 of 45 sheets of City of Carlsbad CT 99-04-01 Villages of La Costa - La Costa Oaks South Map No. 14379 filed April 29, 2002, as File Number 16 2002-0358064 in the Office of the County Recorder of said County 17 ("the Property"); and lo in WHEREAS, said verified application constitutes a request for a Conditional Use 20 Permit as shown on Exhibits "A" - "K" dated August 16, 2006, on file in the Planning 21 Department, FIRE STATION NO. 6 - CUP 05-13, as provided by Chapter 21.42 and/or 21.50 22 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and £/*J 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CUP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES FIRE STATION NO. 6 - CUP 05-13, based on the following 6 findings and subject to the following conditions: 7 Findings: o 1. That the requested use is necessary or desirable for the development of the community, is 9 essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the 10 proposed use is to be located, in that the project will provide a permanent replacement for the temporary Fire Station No. 6 and will maintain needed fire protection for the east La Costa area as required by City Growth Management Program standards. In addition, the project is completely surrounded by open space habitat preserve and is not adjacent to any existing use, although restriction on siren use has been 13 required to mitigate noise impacts, primarily on future homes to the north. Due to its sensitive location, the project incorporates design features that respect project 14 surroundings, such as low-impact lighting and a compatible plant palette. Accordingly, the project complies with the following General Plan provisions: a. Public Safety Element, Fire and Emergency Medical Services Goal A.2: "A 16 City which optimizes the organization and delivery of emergency services." b. Public Safety Element, Fire and Emergency Medical Services Objective B.2: 17 "To maintain an initial response emergency travel response time of five (5) minutes."1 Q10 c. Land Use Element, Growth Management and Public Facilities Goal A.2: "A j 9 City which maintains a system of public facilities adequate for the projected population." 20 d. Land Use Element, Overall Land Use Pattern Goal A.2: "A City which provides for an orderly balance of both public and private land uses...and ensures that all such uses, type, amount, design, and arrangement serve to __ protect and enhance the environment, character, and image of the City." e. Noise Element, General Policy C.I: "Control harmful or undesirable sounds 23 through the planning and regulatory process with emphasis on noise/land- use compatibility planning." 24 f. Open Space and Conservation Element, Special Resource Protection Goal A.1: "A city that protects environmentally sensitive land and buffer areas." g. Open Space and Conservation Element, Water Quality Protection Program C.3: "Utilize Best Management Practices (BMP) for the control of storm water pollutants." 27 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site, which consists of a 0.5-acre City-owned parcel, proposed access easement to Rancho Santa Fe Road and proposed use of a portion of the PCRESONO. 6157 -2- right-of-way of former Rancho Santa Fe Road, provides sufficient room for 2 employee, visitor, and emergency vehicles in terms of access, maneuvering, and parking, and sufficient building space to house fire station emergency vehicles and 3 personnel, subject to the front yard setback exception. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to <- adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been sensitively designed with respect 6 to its surroundings, which consists entirely of open space for native habitat preservation, as demonstrated by the following: 7 a. The project's landscape palette consists entirely of species compatible with adjacent native plants. b. The design of the fire station building, through the use of boxed eaves and 9 exterior walls with minimum one-hour fire rating, for example, obviate the need for fuel modification zones. 10 c. The project features low-pressure sodium lighting, directed away from the surrounding habitat preserve, d. All grading and improvements for the project's access to Rancho Santa Fe Road are contained within an existing, mostly disturbed access easement. 13 In addition, while the project is completely surrounded by open space and is not adjacent to any existing use, a project mitigation measure, which is also a condition 14 of approval, prohibits emergency personnel from employing sirens until they enter Rancho Santa Fe Road as a way to minimize noise impacts on the nearest uses, which are existing homes approximately 0.25 mile to the south and future homes no closer than 200 feet to the north. 17 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project will generate only 30-35 average daily trips (ADTs) and will take access from Rancho Santa Fe Road, a prime arterial roadway. Further, the City's Transportation Division has determined the project is not expected to substantially decrease the road's level of service or 20 capacity nor cause a violation of City Growth Management Program traffic standards. This determination applies also to the addition of a signalized intersection on Rancho Santa Fe Road, which is necessary to provide adequate fire station access. Although the signalized intersection does not meet City Engineering Department spacing requirements, the fire station's low ADT, combined with 23 coordination of the proposed signal with existing nearby signals along the road, will ensure that the project will not significantly impact traffic volume and flow during 24 peak travel periods. Further, the existing dirt access easement that connects the fire station site with Rancho Santa Fe Road is proposed to be improved to accommodate fire station apparatus. 26 5. That a fire station use at the proposed site is a compatible land use with Villages of 27 La Costa Master Plan uses according to the Final Program Environmental Impact Report for the Villages of La Costa Master Plan (2000) MP-98-01. 28 PCRESONO. 6157 -3- As permitted by Carlsbad Municipal Code Section 21.42.050, an exemption to the 2 front yard setback applicable to this project (based on the proposed project zoning of R-l-20,000), to allow a reduction from 20 feet to a minimum 5 feet 5 inches, is 3 acceptable for the following reasons: a. Front and rear property lines are not parallel, causing the lot depth to be less on one side of the lot than the other. Combined with other yard standards, - building space requirements, and the need to provide adequate access around the building for fire vehicles, the lot configuration limits building 6 footprint options and causes the building to be at an angle to the front property line. 7 b. A proposed front setback under the required 20 feet will occur only along one-half of the building frontage. The proposed minimum front setback of 5 feet 5 inches will occur at the northwest corner of the front of the building; 9 heading east, as the proposed building angles away form the property boundary, the front yard will increase in depth so that the required 20-foot 10 setback minimum will be achieved at approximately the building's midpoint, which is at the west side of the fire station's garage. At the east end of the building, the front setback will be approximately 35 feet. j 2 c. The minimum setback will not impact any adjacent uses. d. Because fire station front yard landscaping extends 15 feet beyond the front 13 property line to the proposed access drive, the substandard yard will not be obvious; instead, the project will appear to have a complying front yard 14 setback along its entire frontage. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) in that the project features a drought-tolerant plant palette that is sensitive to the fire station's natural 17 surroundings, a mix of trees, shrubs, and ground cover that provide beautification, shade, and screening, a native hydroseed mix for erosion control, and vegetated areas to capture and filter runoff pollutants. 19 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 20 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. 22 Conditions: 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 24 building or grading permits, whichever occurs first. l. 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 27 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 28 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PCRESONO. 6157 -4- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Conditional Use Permit. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development c- shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. g 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly 1 . or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 16 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 19 approval is not validated. 20 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 21 22 7. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 23 format. 24 8. Prior to the issuance of a building permit, the Developer/Owner shall provide proof to the Director from the San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 26 9. This project shall comply with all conditions and mitigation measures which are required 27 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.28 PCRESONO. 6157 -5- 10. Building permits will not be issued for this project unless the local agency providing 2 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 3 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. 4 , 11. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a 6 substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the 7 Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 9 12. This approval shall become null and void if building permits are not issued for this 10 project within 18 months from the date of project approval. 11 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping 13 features as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 15 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans.16 17 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 1 g substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 19 16. Prior to the issuance of a grading or building permit, whichever should occur first, 2^ Developer shall submit to the City a Notice of Restriction to be filed in the office of the 2| 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 22 Conditional Use Permit CUP 05-13 by Resolution No. 6157 on the property. Said Notice of Restriction shall note the property description, location of the file containing 23 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 25 terminates said notice upon a showing of good cause by the Developer or successor in interest. 26 17. Developer shall report, in writing, to the Planning Director within 30 days, any address 27 change from that which is shown on the permit application. 2° 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal PCRESONO. 6157 -6- Code Chapter 21.105. Location of said receptacles shall be approved by the Planning 2 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 3 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 4 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 7 including building, access, and parking areas. All lighting shall be designed as low- pressure sodium and full cut-off to reflect downward and avoid any impacts on adjacent 8 homes or property. y 21. Developer shall pay for and install a fence along the access road extending from the I Q fire station site to Rancho Santa Fe Road. Appearance and materials of the fence shall be subject to Planning Director review and approval. The purpose of the fence II is to prevent unwanted access and dumping and direct animals to a wildlife undercrossing. 12 22. This approval is granted subject to the adoption of the Mitigated Negative Declaration 3 and Mitigation Monitoring and Reporting Program for ZC 05-12, MP 149(U), and 14 HMPP 06-01, approval of ZC 05-12, MP 149(U), and HMPP 06-01, and is subject to all conditions contained in Planning Commission Resolutions No. 6154, 6155, 6156, and 15 6158 for those other approvals incorporated herein by reference. 16 23. Developer shall implement, or cause the implementation of, the Fire Station No. 6 Mitigation Monitoring and Reporting Program. Engineering1 o 19 General 20 24. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 22 25. Prior to issuance of any building permit, Developer shall comply with the requirements of 23 the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 24 25 Grading 26 26. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start 27 of work has been submitted to the State Water Resources Control Board. OO 27. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records, and submits a PCRESONO. 6157 -7- recorded copy to the City Engineer of a grading or slope easement or agreement from the 2 owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case, Developer must 3 either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedications/Improvements 6 28. Developer shall comply with the City's requirements of the National Pollutant Discharge 7 Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface 9 pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. 10 Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 13 hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 16 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 17 Federal, State, County and City requirements as prescribed in their respective containers.18 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 20 29. Prior to the issuance of grading permit or building permit, whichever occurs first, 21 Developer shall prepare a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City 23 of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the 24 project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements. b. Include the receipt of "Notice of Intent" issued by the California Regional Water 27 Quality Control Board with a WDID #. c. Recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said PCRESONO. 6157 -8- pollutants from storm water to the maximum extent practicable before discharging 2 to City right-of-way or natural drainage course. d. Establish specific procedures for handling spills and routine cleanup. Special 3 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 4 t- 30. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall prepare a "Storm Water Management Plan (SWMP)." The SWMP shall 6 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 7 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 9 minimum, the SWMP shall: 10 a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. 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 13 maximum extent practicable before discharging to City right-of-way. d. Establish specific procedures for handling spills and routine cleanup. Special 14 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. e. Provide calculations to ensure numeric sizing criteria is met. f. Ensure long-term maintenance of all post-construction BMPs in perpetuity. g. Identify how post-development runoff rates and velocities from the site will not 17 exceed the predevelopment runoff rates and velocities to the maximum extent practicable.18 31. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall design, to the satisfaction of the City Engineer, the structural section for the access 20 aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. 21 32. Prior to occupancy, the Developer shall design and construct a traffic signal on Rancho Santa Fe Road to provide controlled ingress and egress from the Fire Station Facility. The 23 signal shall be interconnected with the traffic signals at San Elijo Road and Avenida Soledad. 24 33. Prior to building permit issuance, in order to accommodate proposed improvements, the Developer shall vacate the half-street portion of old Rancho Santa Fe Road right-of-way directly adjacent to the fire station site and grant a public utility easement for the maintenance and access of existing utilities within the old road right-of-way. 27 34. Prior to building permit or grading permit issuance, the Developer shall acquire an access 28 easement for the fire station driveway to Rancho Santa Fe Road from RECM Corp. and the Center for Natural Lands Management. PCRESONO. 6157 -9- 1 2 Utilities 3 35. Prior to issuance of a building permit, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building 4 sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be <- considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 6 36. The Developer shall design and construct public facilities within public right-of-way or 7 within minimum 20-foot-wide easements granted to the applicable utility district. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 9 37. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 10 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. ,~ 38. The Developer shall install potable water services and meters at a location approved by the District Engineer of Olivenhain Municipal Water District. The locations of said 13 services shall be reflected on public improvement plans. 14 39. The Developer shall install sewer laterals and clean-outs at a location approved by the applicable District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 40. The Developer shall meet with and obtain approval from the Leucadia Wastewater 17 District and/or the Vallecitos Water District regarding sewer infrastructure available or required to serve this project. , 0 41. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. 20 Code Reminders 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 23 42. Developer shall exercise special care during the construction phase of this project to 24 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 2* of the City Engineer. 96 43. Approval of this request shall not excuse compliance with all applicable sections of the 27 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 28 PCRESONO. 6157 -10- 44. The project shall comply with the latest nonresidential disabled access requirements 2 pursuant to Title 24 of the State Building Code. 3 45. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 4 , 46. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 6 Director prior to installation of such signs. 7 NOTICE o Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 9 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 12 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 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 14 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 fees/exactions of which you have previously been given a 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6157 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MO CARLSBAD PL ATTEST: OMERY, Chairperson G COMMISSION DONNEU Assistant Planning Director PCRESONO. 6157 -12-