Loading...
HomeMy WebLinkAbout2008-01-16; Planning Commission; Resolution 63701 PLANNING COMMISSION RESOLUTION NO. 6370 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT 06-25 TO ALLOW FOR THE 4 DEMOLITION OF AN EXISTING RETAINING WALL AND 5 CONCRETE SLAB, AND THE CONSTRUCTION OF A NEW 5,210 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON 6 PROPERTY GENERALLY LOCATED ALONG THE SOUTH SHORE OF THE BUENA VISTA LAGOON, SOUTHWEST OF 7 THE INTERSECTION OF JEFFERSON STREET AND LAS FLORES DRIVE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 9 MANAGEMENT ZONE 1. CASE NAME: HAGEY RESIDENCE 10 CASE NO.: CDP 06-25 11 WHEREAS, Edward H. Hagey, "Developer/Owner" has filed a verified 12 application with the City of Carlsbad regarding property described as: 13 That portion of Tract Map No. 3 of Laguna Mesa Tracts, in 14 the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921, more 15 particularly described as follows: 17 Commencing at the Southeasterly corner of Parcel 1 described in a Deed to Leo S. Karlyn, recorded August 7,1991 as File No. 18 1991-0398331 of Official Records; thence along the Southerly j 9 line of said Parcel 1 and the Southerly line of Parcel 2 of said Deed, North 89° 27' 37" West, 230.29 feet to the Westerly line 20 of Parcel 2 of said Deed; thence along said Westerly line North 19° 15' 50" East, 79.19 feet to the True Point of Beginning; 21 thence along the Westerly, Northerly and Easterly lines of Parcel 2 of said Deed the following courses: North 19° 15' 50" East, 67.47 feet; thence North 65° 53' 16" East, 192.44 feet; 23 thence South 89° 27' 18" East, 8.33 feet; thence South 0° 32' 42" West, 15.08 feet; thence South 26° 04' 28" West, 12.18 feet 24 to the Easterly line of Parcel 1 of said Deed and a point on the arc of a non-tangent 970.00 foot radius curve, concave 25 Westerly, a radial line to said point bears North 84° 34' 57" 2(. East; thence Southerly along said Easterly line and the arc of said curve through a central angle of 5° 57' 45" a distance of 27 100.94 feet; thence continuing along said Easterly line South 0° 32' 42" West, 17.34 feet; thence North 89° 27' 37" West, 204.88 28 feet to the True Point of Beginning. Also shown as: 2 Parcel 2 of Certificate of Compliance recorded June 11, 1993 3 as Document No. 1993-0370517. 4 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal 6 Development Permit as shown on Exhibits "A" - "N" dated January 16, 2008, on file in the 7 _ Planning Department, HAGEY RESIDENCE - CDP 06-25, as provided by Chapter 21.201.040o 9 of the Carlsbad Municipal Code; and 10 WHEREAS, the Planning Commission did, on January 16, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and 12 WHEREAS, at said public hearing, upon hearing and considering all testimony 13 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 14 relating to the CDP. 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 17 Commission of the City of Carlsbad as follows: 18 A) That the foregoing recitations are true and correct. 19 B) That based on the evidence presented at the public hearing, the Commission 20 APPROVES HAGEY RESIDENCE - CDP 06-25 based on the following findings and subject to the following conditions: 21 22 Findings; 23 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project consists of demolition of an 24 existing retaining wall and concrete slab, and the construction of a new 5,210 square foot single-family residence on a lot designated for residential development; no 25 agricultural activities, sensitive resources, geological instability, flood hazard, or 2fi coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise 27 damage the visual beauty of the coastal zone. 28 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that an irrevocable offer of dedication for a 15 foot wide lateral PC RESO NO. 6370 -2- public access way has been made a condition of approval in order to provide the 2 public with the right of lateral access along the lagoon edge. 3 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 4 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. While steep slopes are located on western half of the property, none of the slopes meet the criteria necessary to restrict development, i.e., the 40% slope areas 7 proposed for development have elevation differentials less than 15 ft., consists of an area less than 10,000 sq. ft. in size, are not comprised of any prominent land form features, and are not considered "dual criteria" slopes. Furthermore, no evidence of landslide or slope instability is identified on the site, nor is it located in an area susceptible to accelerated erosion, floods, or liquefaction. 10 4. The project is consistent with the provisions of the Coastal Shoreline Development 11 Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that no portion of the proposed single-family residence has been sited any further seaward then those allowed by a line drawn between the adjacent structures to the north and south; and an irrevocable offer of dedication for a 15 foot wide lateral public access way has been made a condition of approval in order to provide the public with the right of 14 lateral access along the lagoon edge. 15 5. 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 17 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 18 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, 20 a. The project has been conditioned to provide proof from the Carlsbad Unified 21 School District that the project has satisfied its obligation for school facilities. 22 b. 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. 24 c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of 25 building permit. 6. The Planning Commission finds that the project, as conditioned herein, is in 27 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated January 16, 2008 including, but not limited to the following: The 28 proposed density of 3.57 dwelling units per acre (1 du) is below the RMH density range of 8-15 du/ac, and below the RMH GMCP of 11.5 du/ac used for the purpose PC RESO NO. 6370 -3- of calculating the City's compliance with Government Code Section 65863. At the 2 RMH GMCP, 3.22 units would be permitted on this 0.28 acre (net developable) property. However, consistent with Program 3.8 of the City's certified Housing 3 Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are deposited in the City's Excess c Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and 6 there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to 7 satisfy the City's share of the regional housing need. Q 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 9 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 10 degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions: 12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a \ 3 grading or building permit, whichever occurs first. 14 1. 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 i s 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 17 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 18 conditions or seek damages for their violation. No vested rights are gained by Developer Q or a successor in interest by the City's approval of this Coastal Development Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 21 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. 23 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 24 regulations in effect at the time of building permit issuance. 25 4. 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 27 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 28 all requirements of law. PC RESO NO. 6370 -4- 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 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 Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or t- nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 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.o 9 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. 10 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 13 8. 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. 9. This project shall comply with all conditions and mitigation measures which are required 16 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 17 10. 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 19 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 20 facilities will continue to be available until the time of occupancy. 11. This approval is granted subject to the approval of the Mitigated Negative Declaration ~~ and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolution No. 6369 for those other approvals 23 incorporated herein by reference. 24 12. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 26 13. Prior to the issuance of building permits, the applicant shall apply for and obtain a 27 grading permit issued by the City Engineer. 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 PC RESO NO. 6370 -5- 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 2 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 3 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.4 r 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 6 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 Coastal ' Development Permit by Resolution No. 6370 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 9 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 10 said notice upon a showing of good cause by the Developer or successor in interest. 16. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental 13 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 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 shall be paid prior to recordation of a final map, or issuance of a 17 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 and all approvals for this project shall i n become null and void. 20 17. At issuance of building permits, or prior to the approval of a final map and/or 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 from time to time. 23 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 24 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. 27 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. PC RESO NO. 6370 -6- 20. Prior to the issuance of any permits for the project, the applicant shall submit to the 2 Planning Director a digital copy of the biology report exhibits in Autocad DWG or ESRI- Shape-File Format registered to CCS zone 6 NAD 83. The Planning Director has the 3 discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 4 - 21. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program 6 (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the 7 developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to 9 comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. 10 22. Prior to issuance of a grading permit, the developer shall record a deed H restriction/waiver of public liability in compliance with the requirements of 12 Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone). 13 23. The owner shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), and dedicate a 15 foot wide lateral access 14 easement to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. The lateral access easement shall be located within the first 15 feet (easternmost) of the 100 foot wetland buffer closest to ] g development. 17 24. A minimum 42-inch tall fence shall be installed across the full width of property between the boundary of development and the 100 foot wetland buffer with signs to identify the area as a preserve area. Prior to issuance of a building permit, the ,Q developer shall submit a fence plan to the City, subject to approval of the Fire Marshall and the Planning Director. 20 25. The Final Landscape Plans shall show all slope areas planted in accordance with the 21 slope re-vegetation requirements as outlined in the City of Carlsbad Landscape Manual. 23 26. The plant species Pennisetum setaceum shall be substituted on the Final Landscape Plans with a non-invasive plant species as approved by the City of Carlsbad 24 Planning Director. ^ 27. No permanent irrigation system shall be installed within the 100 foot wetland buffer 2/- area. Temporary above-grade irrigation may be utilized to provide germination and establishment of the plantings. 27 28. Pursuant to Carlsbad Municipal Code Section 21.203.040 (Coastal Resource 28 Protection Overlay Zone), detached residential homes, when located within two hundred feet of an Environmentally Sensitive Area, coastal bluffs or rocky PC RESO NO. 6370 -7- intertidal areas, shall be required to use efficient irrigation systems and landscape 2 designs or other methods to minimize or eliminate dry weather flow. The Final Landscape and Irrigation Plans shall address these requirements as approved by 3 the City of Carlsbad Planning Director. Engineering: General 6 29. Prior to hauling dirt or construction materials to or from any proposed construction site 7 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route,o 9 30. Developer shall include rain gutters on the building plans subject to the City Engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 10 Rain gutters are required to transport roof drainage to Jefferson Street to the maximum extent possible.11 i 2 Fees/Agreements 13 31. 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. 14 32. 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. 17 33. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area * ° shown within the boundaries of the site plan into the existing City of Carlsbad Street i n 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 20 form provided by the City Engineer. 34. Developer shall cause property owner to enter into an agreement to pay the project's proportional share of the cost of undergrounding all existing overhead utility lines along the project boundary. 23 Grading 24 35. 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. 27 36. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water 28 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best PC RESO NO. 6370 -8- Management Practices Handbook" to reduce surface pollutants to an acceptable level 2 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 3 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 hazardous waste - products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, 6 solvents, paints, paint thinners, wood preservatives, and other such 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 Federal, State, County and City requirements as prescribed in their respective containers. 9 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 10 37. 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)." 12 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 13 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 14 pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 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 17 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 maximum , o extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special 20 considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling cleanup and disposal of pollutants. 21 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent 23 practicable. 24 38. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 27 whichever occurs first for this Project. 28 PC RESO NO. 6370 -9- Dedications/Improvements 2 39. Prior to issuance of building permits, Developer shall repair or install or secure with 3 appropriate security as provided by law curb, gutter and sidewalks along all public streets abutting the project site in conformance with City of Carlsbad Standards.4 5 Utilities 6 40. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building 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. 9 41. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 11 Code Reminders: 12 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 14 42. Developer shall pay a landscape plancheck and inspection fee as required by Section 15 20.08.050 of the Carlsbad Municipal Code. 16 43. 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. 18 44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 19 Code Section 18.04.320. 70 45. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 21 the 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 Carlsbad Municipal 22 Code, respectively. 23 24 25 26 27 28 PC RESO NO. 6370 -10- 1 NOTICE 2 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 4 "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 n PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 16, 2008, by the following 16 vote, to wit: 1' AYES: Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, , 8 Montgomery, and Whitton 19 NOES: 20 ABSENT: Commissioner Cardosa 21 ABSTAIN: 22 23 24 JULIE BUKER\ Chairperson 25 CARLSBAD-PLANNING COMMISSION 26 ATTEST: 27 28 DON NEU Planning Director PC RESO NO. 6370 -11-