HomeMy WebLinkAbout2010-01-20; Planning Commission; Resolution 66541 PLANNING COMMISSION RESOLUTION NO. 6654
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN (SDP) TO DEMOLISH AN EXISTING
4 SINGLE FAMILY RESIDENCE AND TO ALLOW FOR THE
5 DEVELOPMENT OF A THREE-UNIT DETACHED SINGLE-
FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT
6 ON A .469 GROSS ACRE INFILL SITE ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF DATE
7 AVENUE AND EAST OF GARFIELD STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1
8 CASE NAME: DATE BLUFFS BEACH HOMES
9 CASE NO.: SDP 09-03
10 WHEREAS, Cal Structures, Inc., "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Jiao Yu, "Owner," described as
12 Lot 2 in block "T" of Palisades Number 2, in the City of
13 Carlsbad, County of San Diego, State of California, according
to map thereof No. 1803, filed in the office of the County
14 Recorder of San Diego County, August 25, 1924. Excepting
therefrom the northeasterly one-half thereof
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A"-"W," dated December 16, 2009, on file in the Planning
19 Department, Date Bluffs Beach Homes SDP 09-03/CDP 08-25 as provided by Chapter
20
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
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„» WHEREAS, the Planning Commission did, on December 16, 2009 and January
23 20, 2010 , hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26
relating to the Site Development Plan.
27"
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
e B) That' based on the evidence presented at the public hearing, the Planning
Commission APPROVES DATE BLUFFS BEACH HOMES SDP 09-03
6 based on the following findings and subject to the following conditions:
Findings:
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
not be detrimental to existing uses or to uses specifically permitted in the area in which
10 the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 3-unit detached single-family air-space
condominium project is consistent with the various goals and objectives of the
General Plan as demonstrated in the staff report (Table A). The project will not be
detrimental to existing uses or to uses specifically permitted in the area in which the
13 proposed use is located in that, the proposed use is a use permitted within the
existing R-2 zone and the proposed 3-unit detached single-family condominium
14 project is compatible with the single-family homes to the north, east and south and
single-family/two-family condominium project to the west. The project will not
adversely impact the site, surroundings, or traffic circulation in that the project
i s complies with all applicable development standards and is adequately parked onsite
and will only generate 30 Average Daily Trips (ADT).
17
That the site for the intended use is adequate in size and shape to accommodate the use, in
18 that the subject site is adequate in size and shape to accommodate the proposed use
in that the project complies with all of the development standards of the Planned
Development Ordinance and the Beach Area Overlay Zone as demonstrated in the
2Q staff report (Table B). The proposed height is below the 30-foot height limitation
established by the Beach Area Overlay Zone for roof pitches greater than or equal
21 to 3:12, and 24 feet in height for roof pitches less than 3:12 (flat roofs).
22 3. That all 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 proposed 3-unit detached single-family air-
24 space condominium project has been designed in compliance with the
development and design standards of the Planned Development Ordinance and
25 Beach Area Overlay Zone of the Carlsbad Municipal Code. The project is
compatible with existing permitted uses. Unit A is setback 10 feet from the
26 proposed 3 foot street dedication along Date Avenue. In addition, the project
will be fully landscaped along the perimeter of the project site.
4. That the street systems serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that the project will take access off of Date
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Avenue. The existing street system will be adequate to handle the 30 Average
2 Daily Trips generated by the proposed three-unit detached single-family
airspace condominium project. On-site circulation consists of a private drive
3 aisle to provide direct access to the three two-car garages and 3 exterior parking
spaces. All public facilities including curb, gutter, and sidewalk are conditioned
to be built or improved along Date Avenue.
5. That the Planning Director has determined that the project belongs to a class of
6 projects that the State Secretary for Resources has found do not have a significant
impact on the environment, and it is therefore categorically exempt from the
7 requirement for the preparation of environmental documents pursuant to Section
15332 (In-fill Development Projects) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
o 15300.2 of the state CEQA Guidelines do not apply to this project.
10 6. 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
11 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
,3 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.
14 Specifically,
15 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,
17 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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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
on building permit.
21 7. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth
22 in the staff report dated December 16, 2009 including, but not limited to the
following:23 B
a. Land Use - The project is consistent with the City's Residential Medium
Density (RM) General Plan Land Use designation for the property. The
25 RM designation allows residential development at a density range of 4 to
8 dwelling units per acre with a Growth Management Control Point
26 (GMCP) of 6 dwelling units per acre. The project site has a net
developable acreage of 0.463 acre. The project's proposed density of 6.48
du/ac (3 dwelling units) is within the RM density range of 4 to 8 du/ac,
2g but is above the RM GMCP of 6 du/ac used for the purpose of calculating
the City's compliance with Government Code Section 65863. At the RM
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GMCP, 2.78 dwelling units would be permitted on this 0.463 net
2 developable acre property. Although the project exceeds the GMCP for
the RM General Plan Land Use designation by a fractional unit allocation
3 of 0.22 dwelling unit, the General Plan Land Use Element allows the City
to approve residential development at a density that exceeds the GMCP
for the applicable density range, provided the proposed residential
r development complies with the following required General Plan findings:
1) that the project will provide sufficient additional public facilities for
6 the density in excess of the control point to ensure that the adequacy of
the City's public facilities plans will not be adversely impacted; 2) that
7 there have been sufficient developments approved in the quadrant at
densities below the control point so that the approval will not result in
exceeding the quadrant limit; and, 3) all necessary public facilities
9 required by the City's Growth Management Program will be constructed,
or are guaranteed to be constructed, concurrently with the need for them
10 created by this development and in compliance with the adopted City
standards. The proposed project is consistent with the above required
findings in that there have been sufficient developments in the northwest
,2 quadrant that have developed at densities below the GMCP such that the
allocation of 0.22 dwelling units would not result in exceeding the
13 quadrant limit, the project is conditioned to pay the appropriate fees to
comply with City's Growth Management Program, and the City's public
14 facilities plans will not be adversely impacted as the allocation of 0.22
units has already been analyzed and anticipated within the northwest
quadrant.
16 b. Circulation - The project will take access off of Date Avenue will be
17 adequate to handle the 30 Average Daily Trips generated by the proposed
three-unit detached single-family airspace condominium project. On-site
1 8 circulation consists of a private drive aisle to provide direct access to the
three two-car garages and 3 exterior parking spaces. All public facilities
including curb, gutter, and sidewalk are conditioned to be built or
20 improved along Date Avenue.
21 c. Noise - The project is not located adjacent to any noise source and will
have no significant noise impacts. However, the project has been
22 conditioned to comply with the residential exterior noise standard of 60-
dB(A) CNEL and interior noise standard of 45 dB(A) CNEL.
24 d. Housing - The project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the applicant is
25 proposing to satisfy the inclusionary requirement through the payment of
an inclusionary housing in-lieu fee. The project has been conditioned to
26 pay the fee prior to building permit issuance.
2' 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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9. The Planning Commission has reviewed each of the exactions imposed on the
2 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
3 project, and the extent and the degree of the exaction is in rough proportionality to the
impact caused by the project.
4
r Conditions;
6 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
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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
9 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
10 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
property title; institute and prosecute litigation to compel their compliance with said
, 2 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 Site Development Plan.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
14 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
shall occur substantially as shown on the approved Exhibits. Any proposed development,
16 different from this approval, shall require an amendment to this approval.
17 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.18
in 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
20 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
21 unless the City Council determines that the project without the condition complies with
_7 all requirements of law.
23 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
24 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 Site Development Plan,
26 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
27 (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
2° facility of electromagnetic fields or other energy waves or emissions. This obligation
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survives until all legal proceedings have been concluded and continues even if the City's
2 approval is not validated.
3 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.
5 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
6 format (including any applicable Coastal Commission approvals).
7 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.
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9. This project shall comply with all conditions and mitigation measures which are required
10 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
12 10. This approval is granted subject to the approval of CDP 08-25 and is subject to all
conditions contained in Planning Commission Resolutions No. 6655 for those other
13 approvals incorporated herein by reference.
14 11. This approval is granted subject to the approval of MS 08-05 and is subject to all
, <- conditions contained in the approval letter for MS 08-05 signed by the City of Carlsbad
City Engineer incorporated herein by reference.
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12. This approval is granted subject to the approval of PUD 08-08 and is subject to all
17 conditions contained in the approval letter for PUD 08-08 signed by the City of Carlsbad
Planning Director incorporated herein by reference.1 o
19 13. This approval is granted subject to the approval of two minor Coastal Development
Permits for the proposed two second dwelling units located on Unit B and Unit C.
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14. This approval shall become null and void if a Final Parcel Map is not recorded for
this project within 36 months from the date of approval of MS 08-05.
22 15. This approval shall become null and void if building permits are not issued for this
23 project within 36 months from the date of approval of MS 08-05.
24 16. 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
26 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.
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17. At issuance of building permits, or prior to the approval of a final map, the Developer
shall pay to the City an inclusionary housing (in-Iieu) fee as an individual fee on a per
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market rate dwelling unit basis in the amount in effect at the time, as established by City
2 Council Resolution from time to time.
3 18. 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
c 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
6 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.
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19. Prior to the issuance of the final map or grading permit, Developer shall submit to the
City a Notice of Restriction executed by the owner of the real property to be developed.
9 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
10 City of Carlsbad has issued a(n) Site Development Plan by Resolution No. 6654 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
12 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
13 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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20. 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
17 condition, free from weeds, trash, and debris.
18 21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
i Q landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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22. Developer shall establish a homeowner's association and corresponding covenants,
21 conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
23 official CC&Rs that have been approved by the Department of Real Estate and the
Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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c. Failure of Association to Maintain Common Area Lots and Easements. In the event
2 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
3 City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
c particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
6 giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
7 period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
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d. Special Assessments Levied by the City. In the event the City has performed the
10 necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
11 City to perform such maintenance of the Common Area Lots and or Association's
, ~ Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
13 full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
14 payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
16 equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
17 in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
, g invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
20 assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
21 and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
23
e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
24 landscape maintenance responsibilities shall be as set forth in Exhibits "T"-"W."
7S f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
2g prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibits
"A"-"S."
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23. Prior to the issuance of building permits, the Developer shall submit an acoustical
2° analysis which demonstrates that the architectural plans comply with the State of
California interior noise standard of 45 dBA CNEL. The architectural plans shall
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incorporate any additional measures (thicker glazing, sound absorption material,
2 shielding of vents, or artificial circulation system) to attenuate the noise to an
acceptable level'. Where windows are required to be unopened or kept closed in
3 order to meet the interior noise standards, mechanical ventilation and cooling, if
necessary, shall be provided to maintain a habitable environment. The system shall
supply two air changes per hour to each habitable room including 20% (one-fifth)
e fresh make-up air obtained directly from the outdoors. Architectural features such
as sound attenuating walls needed to achieve the exterior noise standard of 60 dBA
6 CNEL on decks and outdoor areas shall be noted on the building plans.
7 24. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
9 requirement.
10 25. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
11 which is in conformance with the City-approved documents and exhibits.
12 26. Prior to parcel map recordation or issuance of a grading permit, whichever occurs
13 first, the Developer shall prepare and process improvement plans for a 3-inch high
asphalt berm along the north side of Date Avenue, from the project site east to the
14 existing asphalt berm. Improvements shall be installed to the satisfaction of the City
Engineer.
16 Code Reminders:
17 27. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.18
,n 28. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
20
29. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23 30. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
24
31. Any signs proposed for this development shall at a minimum be designed in conformance
25 with the City's Sign Ordinance and shall require review and approval of the Planning
26 Director prior to installation of such signs.
27 ...
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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
"fees/exactions."
convenience as
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 January 20, 2010, by the following
vote, to wit:
AYES: Commissioners Dominguez, L'Heureux, Montgomery, Nygaard,
Schumacher, and Chairperson Douglas.
NOES:
ABSENT: Commissioner Baker
ABSTAIN:
FARKftHafiJDOUGLAS,
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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