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HomeMy WebLinkAbout1986-02-18; City Council; 8524; Appeal of Condition of approval of use permitOF CARLSBAD - AGENC BILL OZ) AB# &3TA i MTfi 2/18/86 DEPT PLN APPEAL OF A CONDITION OF APPROVAL OF A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF AN ELEMENTARY SCHOOL ON VILLAGE M and N OF THE CALAVERA HILLS MASTER PLAN - CUP-280 DEPT. HP. £& PITY ATTY \l 55 CITY MGR.«^- os o oo RECOMMENDED ACTION: The Planning Commission and staff are recommending that the City Council direct the Attorney's Office to prepare documents APPROVING CUP-280 as approved by the Planning Commission. ITEM EXPLANATION This item is an appeal by the Carlsbad Unified School District of one of the conditions of CUP-280 as approved by the Planning Commission. The conditional use permit is for the development of a 600 student elementary school site on Villages M and N of the Calavera Hills Master Plan. The applicant is requesting that Condition No. 5 be deleted from Planning Commission Resolution No. 2529. This condition stated: The access shown on the preliminary grading and drainage plan (dated November, 1985) shall be redesigned to improve site access subject to the approval of the City Engineer. The Engineering Department placed this condition on the project because of concerns about possible turn movement conflicts between vehicles leaving the school parking lot and vehicles turning left onto Tamarack Avenue from Wilshire Avenue. The Engineering Department believes that this potential conflict could be alleviated if the driveway system serving the school was redesigned so that the traffic leaving the site would enter Tamarack Avenue directly across from Wilshire Avenue. The school district objected to this condition because they believed it would necessitate a significant redesign of the site including a revised grading plan. They felt that it would not be possible to do this and accommodate all of the educational and recreational facilities they wanted to locate on this site without increasing development costs significantly. After discussing this request the Commission voted 4-3 to approve the conditional use permit as conditioned by staff. The applicant is now requesting that the City Council remove Condition No. 5 of Planning Commission Resolution No. 2529. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated December 26, 1985, which was approved by the Planning Commission on January 22, 1986. A copy of the environmental documents is on file in the Planning Department. Page Two of Agenda Bill No. FISCAL IMPACT There will be no direct fiscal impact to the City of Carlsbad, EXHIBITS 1) Location Map 2) Planning Commission Resolution No. 2529 3) Staff Report, dated January 8 and January 22, 1986 4) Exhibit "X" - Showing conflict points LOCATION MAP \ CUP-280 CARLSBAD UNIFIED SCHOOL DISTRICT D D D D a a 3 1 PLANNING COMMISSION RESOLUTION NO. 2529 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 CONDITIONAL USE PERMIT FOR AN ELEMENTARY SCHOOL ON PROPERTY GENERALLY LOCATED ON VILLAGES M & N 4 OF THE CALAVERA HILLS MASTER PLAN. APPLICANT: CARLSBAD UNIFIED SCHOOL DISTRICT 5 CASE NO; CUP-280 6 WHEREAS, a verified application has been filed with the 7 City of Carlsbad and referred to the Planning Commission; and 8 WHEREAS, said verified application constitutes a request 9 as provided by Title 21 of the Carlsbad Municipal Code; and 10 WHEREAS, pursuant to the provisions of the Municipal Code, 11 the Planning Commission did, on the 8th day of January and the 12 22nd day of January, 1986, hold a duly noticed public hearing to 13 consider said application on property as described as: 14 A portion of Lot "J" of Rancho Agua Hedionda according to map no. 823 filed November 16, 1896. 15 WHEREAS, at said public hearing, upon hearing and 16 considering all testimony and arguments, if any, of all persons 17 desiring to be heard, said Commission considered all factors 18 relating to CUP-280. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission of the City of Carlsbad as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, 23 the Commission APPROVES CUP-280, based on the following findings and subject to the following conditions: 24 Findings: 25 — 1) The proposed use is in conformance with the Calavera Hills 26 Master Plan which has designated this site for development as an elementary school. 27 28 1 2) That the proposed use is necessary and desirable for the development of the community, is essentially in harmony with 2 the various elements and objectives of the General Plan and is not detrimental to existing uses specifically permitted in 3 this zone since the site has been designated as an elementary school site in the Calavera Hills Master Plan and City's 4 General Plan. 5 3) The subject property is adequate in size and shape to j accommodate the proposed use for the reasons stated in the | 6 staff report. i i 7 4) All of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to 8 existing and permitted future uses in the neighborhood will be provided and maintained. 9 5) The street system serving the subject property is adequate to 10 properly handle all traffic generated by the proposed use. 11 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the 12 Planning Director on December 26, 1985 and approved by the Planning Commission on January 22, 1986. 13 Conditions; 14 1) Approval is granted for CUP-280, as shown on Exhibits "A" - 15 "E", dated December 27, 1985, incorporated by reference and on file in the Planning Department. Development shall 16 occur substantially as shown unless otherwise noted in these conditions. 17 2) This project is approved upon the express condition that 18 building permits will not be issued for development of the subject property unless the City Engineer determines that 19 sewer facilities are available at the time of application for such sewer permits and will continue to be available until 20 time of occupancy. 21 3) All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the ! 22 sound buffered from adjacent properties and streets. ! 23 4) If any condition for construction of any public improvements i or facilities, or the payment of any fees in lieu thereof, 24 imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in 25 Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless 26 the City Council determines that the project without the condition complies with all requirements of law. 27 PC RESO NO. 2529 2 28 Engineering Conditions: 2 5) The access shown on the preliminary grading and drainage plan (dated November, 1985) shall be redesigned to improve site 3 access subject to the approval of the City Engineer. 46) A cross walk shall be painted on Tamarack Avenue, and across the parking/access to this school. Appropriate advance 5 warning signs, and speed control signs shall also be installed. 6 7) The proposed drainage outlets on the north end of this project 7 shall be combined into one system, and shall not produce erosion velocities at the point of release, 8 8) The School District shall obtain a grading permit prior to the 9 commencement of any clearing or grading of the site. 10 9) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of 11 the affected properties. 12 10) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site 13 if located within the city limits. 14 11) All slopes within this project shall be no steeper than 2:1. 15 12) Existing public improvements damaged by the course of construction shall be replaced by the School District. 16 13) The School District shall install street lights along all 17 public street frontages in conformance with City of Carlsbad Standards. 18 14) The School District shall install street trees at the 19 ! equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The 20 trees shall be of a variety selected from the approved Street Tree List. 21 15) The School District shall comply with all the rules, 22 regulations and design requirements of the respective sewer and water agencies regarding services to the project. 2«3 24 25 26 27 28 PC RESO NO. 2529 1 16) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the 2 Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be 3 signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following 4 certificate: 5 "DECLARATION OF RESPONSIBLE CHARGE" 6 I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the 7 design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is 8 consistent with current standards. 9 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review 10 only and does not relieve me, as Engineer of Work, of my responsibilities for project design. 11 (Name, Address and Telephone of Engineering firm) 12 Firm: 13 Address: _ 14 City, St.: 15 Telephone: 16 BY Date: (Name of Engineer) 17 R.C.E. NO. # 18 Fire Conditions: 19 17) Prior to the construction of the project, complete building 20 plans shall be submitted to and approved by the State Fire Marshall. 21 18) Additional public and/or onsite fire hydrants shall be 22 provided if deemed necessary by the State Fire Marshal. 23 19) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and 24 onsite roads and drives to the State Fire Marshal for approval. 25 20) An all-weather access road shall be maintained throughout 26 construction. 27 //// 28 //// PC RESO NO. 2529 4 7 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 21) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 22) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. 23) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the State Fire Marshall for approval prior to construction. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of January, 1986, by the following vote, to wit: AYES: Commissioners: Marcus, McFadden, Holmes & Hall. NOES: Chairman Schlehuber, Commissioners: Smith & McBane. ABSENT: None. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. "HOLZMILLZR PLANNING DIRECTOR PC RESO NO. 2529 STAFF REPORT DATE: JANUARY 22, 1986 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP-280 - CARLSBAD UNIFIED SCHOOL DISTRICT - Request for a Conditional Use Permit for the development of an elementary school on Villages M & N of the Calavera Hills Master Plan in the P-C zone. Discussion This item was continued from the previous Planning Commission meeting to allow staff to work with representatives of the school district to resolve the school district's concerns about some of the conditions of approval. Basically the school district objected to any conditions of approval that required Planning Director or City Engineer approval before issuance of a grading or building permit. They objected to these conditions because the Carlsbad Unified School District is a state agency which has to obtain the approval of the State Architect for their development plans. The school district does not want to be put in a position whereby in agreeing to comply with City conditions of approval they could be in conflict with state conditions of approval. Staff has met with representatives of the school district and eliminated most of the conditions of approval that they had concerns about. Staff felt comfortable in making these revisions since this project will be subject to review by the State Architect. In addition, since the school district is a state agency, they could by a four-fifths vote of the school board, approve a resolution that would make the zoning ordinance inapplicable to this site. The school district is working with the City in a spirit of cooperation to process this conditional use permit in accordance with the municipal code. Attachments 1. Planning Commission Resolution No. 2529 2. Staff Report dated January 8, 1986 MH/ar APPLICATION SUBMITTAL DATE: OCTOBER 17, 1985 STAFF REPORT DATE: JANUARY 8, 1985 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP-280 - CARLSBAD UNIFIED SCHOOL DISTRICT - Request for a conditional use permit for the development of an elementary school on villages M & N of the Calavera Hills Master Plan in the P-C zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and ADOPT Resolution No. 2529, APPROVING CUP-280 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION This is a request for a Conditional Use Permit for the development of an elementary school on Villages M & N of the Calavera Hills Master Plan. Village M is designated as a school site by the Calavera Hills Master Plan. Village N was designated as a park site by the original Calavera Hills Master Plan. When the Calavera Hills Master Plan was amended in February, 1984 Village N was designated for residential development. Originally Village M was designated as a 10 acre school site. However, when Tamarack was aligned and the site accurately surveyed it was determined to be only 7 acres in size. The Carlsbad Unified School District determined that seven acres was insufficient in size for a 600 student elementary school. To alleviate this problem the school district purchased Village N to create a 13 acre school site which would provide adequate space for classrooms, parking areas and outdoor recreation facilities. The site has been used for agricultural purposes in the past and is presently vacant. Open space corridors to the south, west and north will separate the school site from existing and future residential development. The property to the south is being developed with condominiums while the properties to the north and east are being developed with duplexes and single family dwellings. The property to the west is vacant with no approved development plans, but a portion of it is designated for multi- family development. The 13 acre school site will accommodate approximately 600 students. There will be approximately 20-25 one-story portable buildings for classrooms and school administration. These buildings will cover approximately one-half of the acreage to be developed. The remainder of the site will be used for parking, outdoor recreation facilities and landscaping. The school is scheduled for construction in 1986 and will be open during the 1986-1987 school year. III. ANALYSIS Planning Issues 1. Is the project in conformance with the Calavera Hills Master Plan? 2. Can the four findings required for approval of a Conditional Use Permit, be made? Specifically: a) That the requested use is necessary or desirable for the development of the community; is essentially in harmony with various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; b) That the site for the intended use is adequate in size and shape to accommodate the use; c) That all of 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; d) That the steet system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion The project is in conformance with the Calavera Hills Master Plan. As mentioned previously Village M has always been designated as a school site. Village N was incorporated into the design of the project to provide an adequate site for a 600 student elementary school. The requested use is necessary for the development of the community. The proposed facility will alleviate crowded conditions in other schools within the Carlsbad Unified School District as well as accommodate students generated by recent -2- development in this portion of the city. This project will also provide additional ballfields in this portion of the city. The proposed use will not be detrimental to existing and future uses in the area. The proposed school is adequately buffered from existing and future residential uses. This site has always been designated as an elementary school site and all residents of the Calavera Hills Master Plan area have been made aware of the existence of this school site. The site is adequate in size and shape to accommodate the proposed use. Elementary schools generally only require 10 acres, however to provide adequate developable area Village N was incorporated into the design of this project to provide a 13 acre site. All of the setbacks, yards and landscaping necessary to adjust this use to adjacent residential uses will be maintained. Large natural open space corridors will buffer this project from existing and future residential development to the north, south and west. Tamarack Avenue will separate the school from existing residential development to the east. The street system serving this project is adequate to handle the traffic generated by this project. Tamarack Avenue a 60 foot wide local collector will have adequate capacity to serve this project as well as adjacent residential development. The traffic generated by the elementary school would impact the circulation system for a morning peak hour (7-8 A.M.) and an afternoon peak hour (2-3 P.M.). The school's afternoon peak does not correspond with the typical afternoon peak hour of 5-6 P.M. / In conclusion the proposed project is in conformance with the Calavera Hills Master Plan and all four findings required for approval of a Conditional Use Permit can be made. Therefore, staff recommends approval of CUP-280. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on December 26, 1985. ATTACHMENTS 1. Planning Commission Resolution No. 2529 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents 6. Reduced Exhibit 7. Exhibits "A" - "E " dated December 27, 1985 MH/ar -3- BACKGROUND DATA SHEET CASE NO: OJP-280 APPLICANT: CARLSBAD UNIFIED SCHOOL DISTRICT REQUEST AND LOCATION; Construction of an elementary school in Villages M & N of the Calavera Hills Master Plan. LEGAL DESCRIPTION: Portion of Lot "J" of Rancho Agua Hedionda according to map no. 823 filed November 16, 1896. APN; Acres 13 Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation E-RLM Density Allowed 0, 0-4 du/ac Density Proposed Existing Zone P-C Proposed Zone — Surrounding Zoning and Land Use: Zoning Land Use Site PC Vacant North PC ' SF South PC MF East PC Duplex West PC Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued December 26, 1985 E.I.R. Certified, dated Other, If after the inr ornsa wiun yuu have submitted nas> lafctn reviewed, it is determined that further informati"" ' <* required, you will be so ad-' -ed. APPLICANT: AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Name -(individual, partner, joint: venture, corporation, syndication) Home- Address Business Address Telephone Nxzaber Telephone Number Home Address Business Address Telephone Nuaber Telephone IJuraber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may he- re lied upon as being true and correct until amended. Applicant BY ', Owner, farfner*~ DEVELOPMENTAL 0 \3Rr W 1200 ELM AVENUE SERVICES m4$ictm CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^jf^ (619) 43MM1 €itp of Cartebab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Villages "M" and "N" of the Calavera Hills Master Plan. PROJECT DESCRIPTION: Conditional Use Permit for the construction of an elementary school requiring approximately 130,000 cubic yards of grading. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: December 28, 1985 •MICHAEL J. CASE NO: CUP-280 Planning Director APPLICANT: Carlsbad Unified School District PUBLISH DATE: December 28, 1985 ND4 11/85 Xu UJD<sut o* Q WILSHIRE AVE EXHIBIT X 2-6-86 CITY (JF CARLSBAD CUP-280 t? 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk Citp of Cartebab APPEAL FORM ** k i TELEPHONE: (714) 438-5535 PI I (We) appeal the following decision of the * « Co v» •» '. y s i o ». to the City Council: Project name and number (or subject of appeal) :__ C U P - X% 0 Cft-« t-J-B <VO t/K) P-i r£-O S'c^-ooi- .hi jS"ne t c-T Date of decision: Reason for appeal: VAA < TH £--M C. / N £.& g / N C Co N J> I ~T 1 b o N & LV i -s ft c <g C.Q4 C AJ / N T~O TH-e: s- 1 re: . ll Ci.Date Signature k>. C . b Name(Please print) Address a. t o Telephone Number Carlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008 729-9291 "Excellence In Education" BOARD OF TRUSTEES JAMES McCORMICK President JOHN J. MAMAUX Vice President JULIANNE L. NYCAARD Clerk JOE ANGEL Member J. EDWARD SWITZER, JR. Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent JAMES M. STARK Deputy Superintendent Business Services SUSAN-HARUMI BENTLEY Assistant Superintendent Instructional Services DAVID WM. BATES, SR. Director Employee Relations K.C. DUNLAP Manager Facilities/Services February 4, 1986 City of Carlsbad Attn: Mr. Frank Alshire 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Alshire: At the Planning Commission meeting, held on January 22, 1986, the Carlsbad Unified School District requested a Conditional Use Permit for the development of an elementary school in the Calavera Hills area. The Conditional Use Permit was granted with the condition that the existing plan for the facility's parking lot exit be modified to meet what was considered a safety concern. Under this condition, our architect, Bill Davis has indicated that this will severely effect the grading plan and actually create even more of a safety concern in regards to vehicles exiting this facility. It is respectfully requested that the City Council allow time to the Carlsbad Unified School District for discussion of this concern at the earliest possible City Council meeting. Respectfully, & Services K. C. Dunlap Manager, Facilities KD:dr Distinguished School Board Award 1984, United States Department of Education NOTICE OF PUBLIC HEARING APPEAL CUP-280 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Tuesday, February 18, 1986, to consider an appeal of Engineering Condition No. 5 of Planning Commission Resolution No. 2529 of a conditional use permit for the construction of an elementary school on a 13 acre site on property generally located in Villages "M" and "N" of the Calavera Hills Master Plan and more particularly described as: Portion of Lot "J" of Rancho Agua Hedionda according to Map 823 filed November 15, 1896. If you have any questions regarding this matter, please call the Planning Department at 438-5591. If you challenge the nature of the conditional use permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Appellant: K. C. Dunlap for Carlsbad Unified School District CARLSBAD CITY COUNCIL PUBLISH: February 8, 1986 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the CBTlsbdd Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice ; of which the annexed is a printed copy, has been NOTICE OF PUBLIC ; published in each regular and entire issue of said ! newspaper and not in any supplement thereof on - the following dates, to-wit: HEARING APPEAL CUP-280 NOTICE IS HEREBY GIVEN thai the City Council of the City ofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue. Carlsbad. California', at 6:00 p.m. on Tuesday, February 18, 1986. to consider an appeal of Engineering Condition No. 5 of Planning Commission Resolution No. 2529 of a conditional use permit for the construction of an elementary school on a 13 acre site on property generally located in Villages "M" and "N" of the; Calavera Hills Master Plan andmore particulary described as: Portion of Lot "J" of Rancho Agud Hedionda according to Map 823 filed November 15, 1896. If you have any questions regard- ing this matter, please call the Planning Department at 438-5591 If you challenge the nature of the conditional use permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corre- spondence delivered to the City of Carlsbad at or prior to the public heartng. Appellant: K.C. Dunlap for Carls- bad Unified School District CARLSBAD CITY COUNCIL CJ 4898: February 8, 1986 February 8, 19 86 19. 19 19. 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on _____ the 8 1. h _ day of ________ ___ February, 1986 #202-2M-985 Clerk of the Printer