HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62501 PLANNING COMMISSION RESOLUTION NO. 6250
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 06-02 FOR THE DEVELOPMENT
4 OF A CHURCH AND CHILD DAY CARE CENTER LOCATED
WITHIN VILLAGE T OF THE RANCHO CARRILLO MASTER
PLAN ON PROPERTY LOCATED ON THE NORTHEAST
6 CORNER OF EL FUERTE STREET AND RANCHO PANCHO
IN LOCAL FACILITIES MANAGEMENT ZONE 18
7 CASE NAME: PALOMAR KOREAN CHURCH
CASE NO.: SDP 06-028
9 WHEREAS, Palomar Korean Church LLC, "Developer/Owner," has filed a
10 verified application with the City of Carlsbad regarding property described as
11 Lot 103 of Carlsbad Tract No. 93-04, Rancho Carrillo Village
12 "Q", in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13551, filed in the
13 Office of the County Recorder of San Diego County, March 31,
1998
14
("the Property"); and.
16 WHEREAS, said verified application constitutes a request for a Site Development
17 Plan as shown on Exhibits "A" - "K" dated March 7, 2007, on file in the Planning Department,
18 PALOMAR KOREAN CHURCH - SDP 06-02 as provided by Chapter 21.06/Section
19 21.53.120 of the Carlsbad Municipal Code and the Rancho Carrillo Master Plan; and
20
WHEREAS, the Planning Commission did, on the 7th day of March, 2007 , hold
21
„,_, a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Site Development Plan.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission APPROVES PALOMAR KOREAN CHURCH - SDP 06-02
based on the following findings and subject to the following conditions:
3
Findings:4
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
g not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
7 traffic circulation, in that the proposed development of a 25,493 square foot building
for a church and child day care center meets the minimum development standards
for the Community Facilities zone and that adequate separation of uses would
o ensure compatibility with the adjacent residential and open space land uses. The
site is General Plan Land Use designated and Master Plan zoned for Community
10 Facility uses and the proposed uses provide worship and child care services to the
residents of the community.
11
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building, required parking, and landscaping can fit within the
10 boundaries of the developable portion of the property with no need to encroach into
required setbacks.
14
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
15 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is completely surrounded by landscaping
and open space and all of the proposed development fits within the buildable
17 portion of the lot. No special conditions will be necessary to adjust the requested
uses for compatibility with existing or future uses.
18
4. That the street systems serving the proposed use is adequate to properly handle all traffic
19 generated by the proposed use, in that the proposed uses will generate 918 average
daily trips which can be supported by El Fuerte Street and Rancho Pancho. The
project is accessed via El Fuerte Street, a secondary arterial roadway and Rancho
2\ Pancho, a local street.
22 5. The project is consistent with the Citywide Facilities and Improvements Plan,-the Local
Facilities Management Plan for Zone 18 and all City public facility policies and
23 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
25 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.
26
6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
27 Code Section 14.28.020 and Landscape Manual Section IB).
7. The Planning Director has determined that:
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a. the project is a subsequent activity of a project for which a program EIR was
2 prepared (Rancho Carrillo Master Plan - MP 139 and its amendments), and a
notice for the activity has been given, which includes statements that this activity
3 is within the scope of the program approved earlier, and that the program EIR
adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]
^ and
b. this project is consistent with the Rancho Carrillo Master Plan cited above;
6
c. EIR 91-04, Rancho Carrillo, was certified in connection with the prior project or
7 plan; ^
Q
d. the project has no new significant environmental effect not analyzed as significant
9 in the prior EIR;
10 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist.
1 _ 6. 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
13 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.
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Conditions:
15
1 , Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit whichever occurs first.
17
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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 further condition issuance of all
2Q future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
21 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
22 or a successor in interest by the City's approval of this Site Development Plan.
23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
24 and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
25 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.26
27 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
28
PC RESO NO. 6250 -3-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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 Site Development Plan,
(b) City's approval or issuance of any permit or action, whether discretionary or
9 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
j2 approval is not validated.
13 6. 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
14 body.
7. This approval shall become null and void if building permits are not issued for this
16 project within 36 months from the date of project approval. Approval for Phase Two
improvements shall become null and void if building permits are not issued for
17 Phase Two within 10 years from the completion of Phase One. Subsequent
development of Phase Two, after permit expiration, shall require a Site
Development Plan Amendment.
19 8. Approval is granted for SDP 06-02 as shown on Exhibits "A" - "K" dated March 7,
20 2007, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
21 conditions.
22 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
23 Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities.
24
10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
26 that Plan prior to the issuance of building permits.
27 11. 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
PC RESO NO. 6250 -4-
time of the application for the building permit, and that water and sewer capacity and
2 facilities will continue to be available until the time of occupancy.
3 12. 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 as
<- shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
6
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
7 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.8
9 14. 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
10 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 18, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
13
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
14 concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
16
16. Developer shall submit to the City a Notice of Restriction executed by the owner of the
17 real property to be developed. Said notice is 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 Site Development
Plan by Resolution No. 6250 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
20 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.
23 17. 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
24 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
26 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
27 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.
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19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
2 including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
3
20. Developer shall construct, install, and stripe not less than 110 parking spaces, as shown
4 on Exhibits "A" - "K" dated March 7, 2007.
21. The child day care center shall limit the daily number of children onsite to 48
6 children.
Engineering
8 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Site Development Permit (SDP), must be met prior to approval of a
grading or building permit, which ever occurs first.
10
General
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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 from, the City Engineer
12 for the proposed haul route.
14 23. Unless specifically allowed, no variance from City Standards is authorized by virtue
of approval of this Site Developmet Permit.
15
, 24. Developer shall install sight distance corridors witin Lot 103 and in accordance with City
Engineering Standards. Developer shall record the following statement on the
17 development site plan:
"No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
18 encroach within the area identified as a sight distance corridors as defined by City of
Carlsbad Engineering Standards."
The limits of the sight distance corridors shall be reflected on any improvement,
2Q grading, or landscape plan prepared in association with this development and the
above note included.
21
Fees/Agreements
25. 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
24 drainage tributary to and discharging from the subject project.
25 26. 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 sight
distance corridors as shown on the development site plan over/within Lot 103. The
27 deed restriction document shall be in a form acceptable to the City Engineer and shall:
a. Clearly delineate the limits of the sight distance corridors on a plat to be
28 attached to the deed restriction;
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b. State that the sight distance corridor is to be maintained in perpetuity by the
2 underlying property owner; and
c. State that objects along the sight distance corridor will not restrict or impede the
3 ability of motorist at the intersection to identify approaching vehicles
pursuant to Caltrans sight distance and City sight distance corridor
standards.
c 27. The private storm drain and enhanced paving improvements proposed within a
dedicated city water easement will require encroachment agreement(s) to be
6 recorded prior to issuance of building permits.
7 28. Developer shall cause property owner to process for recordation a City Storm Water Best
Management Practice Maintenance Agreement for the perpetual maintenance of all storm
water treatment control and applicable site design and source control, post-construction
9 permanent BMP's prior to the issuance of a grading permit or building permit, whichever
occurs first for this Project.
10
Grading11 8
, 2 29. 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 Intent (NOI) for the
13 start of work has been submitted to the State Water Resources Control Board.
14 30. Based upon a review of the proposed grading and the grading quantities shown on the
development 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
16 permit.
17 31. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
° pursuant to best management practices as referenced in the "California Storm Water Best
, n Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
20 and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
21 a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
23 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
24 fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
2f. Federal, State, County and City requirements as prescribed in their respective
containers.
27 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
28
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32. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
3 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
t- the project.
6 33. 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)"
7 report, prepared by a civil engineer with current registration in the state of
California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard
Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego
9 Region of the California Regional Water Quality Control Board (RWQCB) and City of
Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or
10 RWQCB. The SWMP shall include measures to avoid contact, filter, or otherwise treat
said pollutants from storm water, to the maximum extent practicable, for the post-
construction stage of the project in perpetuity. At a minimum, the SWMP shall:
12 a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
13 that could be impacted by this project;
c. recommend site design, source control and treatment control Best Management
*4 Practices (BMP's) that will be implemented with this project to avoid contact,
i r filter, or otherwise treat said pollutants from storm water to the maximum extent
practicable before discharging offsite;
16 d. establish specific operation and maintenance procedures for for all applicable
site design, source control and treatment control BMP's in addition to
17 handling spills and routine clean up. Special considerations and effort shall be
applied to employee education on the proper procedures for handling clean up and
disposal of pollutants;
19 e. propose a city approved mechanism to ensure long-term maintenance of all post
construction BMP's that includes maintenance and operation records that are
20 required to be maintained for a minimum of five (5) consecutive years, in
perpetuity; and
f. identify how post-development runoff rates and velocities from the site will not
22 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
23
Dedications/Improvements
24
34. The Developer shall design and construct public water facilities substantially as shown
on the development site plan to the satisfaction of the District Engineer. Proposed public
25 facilities shall be reflected on public improvement plans.
27 35. 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.
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36. Prior to issuance of a grading permit, or building permit, which ever occurs first,
2 Developer shall have designed, apply for and obtain approval of the City Engineer, for the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
3 Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. The structural pavement design of the aisle ways shall be submitted together
with required R-value soil test information and approved by the City Engineer as part of
<- the building or grading plan review whichever occurs first.
6 37. Based upon a review of the proposed improvements on the Site Development Plan, a
Right-of-Way (ROW) permit for this project is required for the replacement of the
existing driveway with an alley-type driveway per City of Carlsbad standard GS-20,
and public water improvements. Developer shall apply for and obtain a ROW
permit from the City Engineer prior to issuance of a building permit.
9
Utilities
10
38. 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
i ^ Authority capacity charge(s) prior to issuance of Building Permits.
13 39. The-Developer shall design and construct public water facilities within public right-of-
way or within minimum 20-feet wide easements granted to the District or the City of
14 Carlsbad. At the discretion of the District Engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
40. The Developer shall provide separate potable water meters for each separately owned
unit. The locations of said services shall be reflected on public improvement plans.
17
41. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
° determine if fire protection measures (fire flows, fire hydrant locations, building
in 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
20 satisfaction of the District Engineer.
42. The Developer shall install potable water services and meters at a location approved by
_ the District Engineer.
23 43. Prior to occupancy, Developer shall install 1 potable water meter for Commercial use
and 1 irrigation meter to irrigate the common areas (Property Owner's Association).
24
44. 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 site plan.
27
45. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the development site plan to the satisfaction of the
District Engineer.
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Special Conditions
2
46. Prior to building permit issuance, the Developer shall remove the existing ± 1'
3 retaining wall and concrete pad within the easterly Right-of-Way of El Fuerte Street
just north of the intersection with Rancho Pancho Road and return the public right-
of-way to a standard condition.
47. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
6 the development site plan are for planning purposes only. Developer shall pay traffic
impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
7 Carlsbad Municipal Code, respectively.
o
Code Reminders
9
48. Developer shall comply with all applicable provisions of federal, state, and local laws and
10 regulations in effect at the time building permits are issued, including but not limited to
the following:11
•, ~ 49. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
13 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of
the City Engineer.
14
50. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
16 51. Approval of this request shall not excuse compliance with all applicable sections of the
17 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
18
52. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
20
53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
21 ; Code Section 18.04.320.
22 54. Any signs proposed for this development shall at a minimum be designed in conformance
23 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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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 fees/exactions. 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 fees/exactions 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 7th day of March 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
KER, Chairperson
PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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