HomeMy WebLinkAbout2014-03-11; City Council; 21525; Amending Titles 20 21 Municipal Code Regulation of Density Bonuses Consistent with State, Case Law (MCA 13-03 - ZCA 13-01/LCPA 13-02)CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21.525
03/11/14
Clerk
AMENDING TITLES 20 AND 21 OF THE CARLSBAD
MUNICIPAL CODE TO MAKE THE CITY'S REGULATION
OF DENSITY BONUSES CONSISTENT WITH STATE AND
CASE LAW (MCA 13-03 - ZCA 13-01/LCPA 13-02)
DEPT. DIREaO
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION;
Adopt Ordinance Nos. CS-241 (MCA 13-03) and CS-242 (ZCA 13-01/LCPA 13-02), amending Titles 20 and 21 of the
Carlsbad Municipal Code to make the city's regulation of density bonuses consistent with state and case law.
ITEM EXPLANATION;
Ordinance Nos. CS-241 and CS-242 were introduced and first read at the City Council meeting held on February 25,
2014. The second reading allows the City Council to adopt ordinances.
Ordinance No. CS-241 will become effective thirty days after adoption. Ordinance No. CS-242, will not become
effective until approved by the California Coastal Commission.
The City Clerk will have the ordinances or a summary of the ordinances published within fifteen days, if adopted.
FISCAL IMPAa;
See AB #21,514 on file in the Ofl^ice of the City Clerk.
ENVIRONMENTAL IMPACT;
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which
exempts project "where it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment." The changes proposed by this project are primarily procedural in nature and
are not substantial and will not significantly affect the existing development standards in the Subdivision and Zoning
Ordinances; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will
be filed.
EXHIBIT;
1. Ordinance No. CS-241.
2. Ordinance No. CS-242.
DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins(S)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED a CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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EXHIBIT 1
ORDINANCE NO. CS-241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL
CODE TO MAKE THE CITY'S REGULATION OF DENSITY BONUSES
CONSISTENT WITH STATE AND CASE LAW.
CASE NAME: DENSITY BONUS REGULATIONS
CASE NO.: MCA 13-03
The City Council ofthe City of Carlsbad, California, does ordain as follows:
Section 1: That Section 20.04.020(18) of the Carlsbad Municipal Code
is amended to read as follows:
(18) "Subdivision" means the division, by any subdivider, of any unit or
units of improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the purpose of sale,
lease or financing, whether immediate or future except for leases of agricultural land for
agricultural purposes. Property shall be considered as contiguous units, even if it is
separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision"
includes a condominium project as defined in Section 4100 ofthe California Civil Code, a
community apartment project, as defined in Section 4105 ofthe California Civil Code, or
the conversion of five or more existing dwelling units to a stock cooperative, as defined in
Section 4190 of the California Civil Code. Any conveyance of land to a governmental
agency, public entity or public utility shall not be considered a division of land for
purposes of computing the number of parcels.
Section 2: That Section 20.04.040(b)(8) of the Carlsbad Municipal Code is
amended to read as follows:
(8) The conversion of a community apartment project, as defined in
Section 4105 ofthe California Civil Code or a stock cooperative, as defined in Section 4190
ofthe California Civil Code, to a condominium project, as defined in Section 4125 ofthe
California Civil Code, provided that the requirements of California Government Code
Section 66412(g) or (h), respectively, have been met and the subdivider provides
certification thatthe requirements have been met;
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 25th day of Februarv 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of
Carlsbad on the 11*^ day of March, 2014, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood and Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIAA. BREWER, City Attorney
i
MATT HALL, Mayor
ATTEST:
1ELLEY COLUNS,W«tant City Clerk SHELLEY
(SEAL)
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EXHIBIT 2
ORDINANCE NO. CS-242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE TO MAKE THE CITY'S
REGULATION OF DENSITY BONUSES CONSISTENT WITH
STATE AND CASE LAW.
CASE NAME: DENSITY BONUS REGULATIONS
CASE NO.: ZCA 13-01/LCPA 13-02
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Section 21.45.030A.1 of the Carlsbad Municipal Code is
amended to read as follows:
1. "Condominium project" means a common interest development
defined by Section 4100 of the California Civil Code, and which consists of two or more
attached or detached dwelling units on one lot.
SECTION 2: That Section 21.47.020 of the Carlsbad Municipal Code is
amended to read as follows:
21.47.020 Nonresidential planned development permit.
The city council, planning commission or city planner, as provided in this chapter,
may approve a permit for a nonresidential planned development in any industrial,
commercial or office zone, or combination of zones subject to the requirements thereof
except as they may be modified in accord with this chapter.
The application for a nonresidential planned development shall state whether the
applicant intends to develop the project as a planned unit development, condominium
project or stock cooperative project. For purposes of this chapter, a planned unit
development is defined by Section 11003 of the Business and Professions Code of the
state and a condominium project is defined by Section 4100 ofthe California Civil Code.
SECTION 3: That Section 21.86.010.D of the Carlsbad Municipal Code is
amended to read as follows:
D. It is the purpose of this chapter to implement Sections 65915 through
65918 ofthe California Government Code.
SECTION 4: That Section 21.86.020 of the Carlsbad Municipal Code is
amended to read as follows:
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21.86.020 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the
meaning established by this section:
1. "Affordable housing" means housing for which the allowable
housing expenses paid by a qualifying household shall not exceed a specified fraction of
the county median income, adjusted for household size, as follows:
a. Extremely low-income, rental and for-sale units: the product
of thirty percent times thirty percent of the county median income, adjusted for
household size.
b. Very low-income, rental and for-sale units: the product of
thirty percent times fifty percent of the county median income, adjusted for household
size.
c. Low-income, rental units: the product of thirty percent
times sixty percent ofthe county median income, adjusted for household size.
d. Low-income, for-sale units: the product of thirty percent
times seventy percent ofthe county median income, adjusted for household size.
e. Moderate-income, for-sale units: allowable housing
expenses shall not be less than twenty-eight percent of the gross income of the
household, nor exceed the product of thirty-five percent times one hundred ten percent
ofthe county median income, adjusted for household size.
2. "Allowable housing expense" means the total monthly or annual
recurring expenses required of a household to obtain shelter. For a for-sale unit,
allowable housing expenses include loan principal and interest at the time of initial
purchase by the homebuyer, allowances for property and mortgage insurance, property
taxes, homeowners' association dues and a reasonable allowance for utilities as defined
by the Code of Federal Regulations (24CFR982). For a rental unit, allowable housing
expenses include rent and a utility allowance as established and adopted by the city of
Carlsbad housing authority, as well as all monthly payments made by the tenant to the
lessor in connection with use and occupancy of a housing unit and land and facilities
associated therewith, including any separately charged fees, utility charges, or service
charges assessed by the lessor and payable by the tenant.
3. "Child day care center" shall have the same meaning as defined in
Section 21.83.020(D) of this title.
4. "Common interest development" means any of the following (as
defined in Section 4100 ofthe California Civil Code):
a. A community apartment project;
b. A condominium project;
c. A planned development;
d. A stock cooperative.
5. "Conversion" means the change of occupancy of a dwelling unit
from owner-occupied to rental or vice versa.
6. "Density bonus" means an increase over the maximum allowable
residential density as specified by the land use element ofthe general plan in effect at the
time of application submittal.
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7. "Density bonus dwelling units" means those residential units
granted pursuant to the provisions of this chapter, which are above the maximum
allowable residential density ofthe project site.
8. "Density bonus housing agreement" means a legally binding
agreement between a developer and the city to ensure that the density bonus
requirements of this chapter are satisfied. The agreement establishes, among other
things, the number of target dwelling units and density bonus dwelling units, the unit
sizes, location, affordability tenure, terms and conditions of affordability and unit
production schedule.
9. "Development standard" means a site or construction
condition/requirement that applies to a housing development pursuant to any ordinance,
general plan element, master or specific plan, or other city requirement, law, policy,
resolution or regulation. A "development standard" may include, but is not limited to a
height limitation, a setback requirement, a floor area ratio, an onsite open space
requirement or a parking ratio.
10. "Extremely low-income household" means those households whose
gross income is equal to or less than thirty percent of the median income for San Diego
County as determined annually by the U.S. Department of Housing and Urban
Development.
11. "Housing development" means a development project for five or
more residential units, including the following:
a. A subdivision or common interest development consisting
of residential units or unimproved lots; or
b. A project to either substantially rehabilitate and convert an
existing commercial building to residential use; or
c. A project to substantially rehabilitate an existing two-family
or multiple-family dwelling structure(s), where the rehabilitation results in a net increase
to five or more available residential units.
12. "Incentives or concessions" means such regulatory incentives or
concessions as stipulated in California Government Code Section 65915(k), to include, but
not be limited to, the reduction of site development standards or zone code
requirements, approval of mixed use zoning in conjunction with the housing project, or
any other regulatory incentive which would result in identifiable, financially sufficient,
and actual cost reductions to enable the provision of housing affordable to the
designated income group or qualified (senior) resident.
13. "Income" means any monetary benefits that qualify as income in
accordance with the criteria and procedures used by the city of Carlsbad housing and
neighborhood services department for the acceptance of applications and recertifications
for the tenant based rental assistance program, or its successor.
14. "Low-income household" means those households whose gross
income is more than fifty percent but does not exceed eighty percent of the median
income for San Diego County as determined annually by the U.S. Department of Housing
and Urban Development.
15. "Lower-income household" means low-income, very low-income
and extremely low-income households, whose gross income does not exceed eighty
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percent of the median income for San Diego County as determined annually by the U.S.
Department of Housing and Urban Development.
16. "Market-rate unit" means a dwelling unit where the rental rate or
sales price is not restricted either by this chapter or by requirements imposed through
other local, state or federal affordable housing programs.
17. "Maximum allowable residential density" means the maximum
density of the density range allowed by the residential general plan land use
designation(s) applicable to a project site. All environmentally constrained lands
identified as undevelopable in the general plan, local coastal program, and zoning
ordinance shall be excluded from the total area of the project site when calculating
maximum density.
18. "Moderate-income household" means those households whose
gross income is more than eighty percent but does not exceed one hundred twenty
percent ofthe median income for San Diego County as determined annually by the U.S.
Department of Housing and Urban Development.
19. "Qualifying resident" means a resident as defined in Chapter 21.84
of this title and Section 51.2 ofthe California Civil Code.
20. "Target dwelling unit" means a dwelling unit that will be offered for
rent or sale exclusively to and which shall be affordable to the designated income group
or qualified (senior) resident, as required by this chapter.
21. "Total units" means the number of dwelling units in a housing
development, excluding the density bonus dwelling units awarded pursuant to this
chapter or any other local ordinance granting a greater density bonus.
22. "Very low-income household" means a household earning a gross
income equal to fifty percent or less of the median income for San Diego County as
determined annually by the U.S. Department of Housing and Urban Development.
SECTION 5: That Section 21.86.030 of the Carlsbad Municipal Code is
amended to read as follows:
21.86.030 Inclusionary Housing.
A. All housing development projects are required to provide affordable
housing units in accordance with Chapter 21.85 (Inclusionary Housing) of this title. If an
applicant seeks to construct affordable housing to qualify for a density bonus in
accordance with the provisions of this chapter, those affordable dwelling units provided
to meet the inclusionary requirement established pursuant to Chapter 21.85 of this title
shall be counted toward satisfying the density bonus requirements of this chapter.
SECTION 6: That Section 21.86.040.B.1.C ofthe Carlsbad Municipal Code is
amended to read as follows:
c. For housing developments meeting the criteria of
subsection (A)(3) of this section, the density bonus shall be twenty percent ofthe number
of senior housing units.
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SECTION 7: That Section 21.86.040.C of the Carlsbad Municipal Code is
amended to read as follows:
C. When an applicant for a tentative subdivision map, parcel map, or other
housing development approval donates land to the city, in accordance with this
subsection, the applicant shall be entitled to a density bonus for the entire development,
as follows:
Table D
Density Bonus for Land Donation
Percentage of
Very Low-
Income Units
Percentage of
Density
Bonus to be
Granted
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15 20
16 21
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18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
1. A density bonus granted pursuant to this subsection shall not
exceed thirty-five percent.
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2. If an applicant seeks both the density bonus pursuant to this
subsection and subsection A of this section, both density bonuses shall be granted up to a
maximum combined density bonus of thirty-five percent.
3. An applicant shall be eligible for the density bonus described in this
subsection only if all ofthe following conditions are met:
a. The land is donated and transferred to the city no later than
the date of approval of the final subdivision map, parcel map or housing development
application.
b. The developable acreage, zoning classification and general
plan land use designation ofthe land being donated are sufficient to permit construction
of the units affordable to very low-income households in an amount not less than ten
percent ofthe number of residential units ofthe proposed development.
c. The transferred land is at least one acre in size or of
sufficient size to permit development of at least forty units, and has the appropriate: 1)
general plan land use designation; 2) zoning classification with appropriate development
standards for development at the density described in paragraph (3) of subdivision (c) of
Section 65583.2 of the California Government Code, and 3) is or will be served by
adequate public facilities and infrastructure.
d. The transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development of the very low-
income housing units on the transferred land, not later than the date of approval of the
final subdivision map, parcel map, or housing development, except that the city may
subject the proposed development to subsequent design review to the extent authorized
by subdivision (i) of Section 65583.2 of the California Government Code if the design is
not reviewed by the city prior to the time of transfer.
e. The transferred land and the affordable units shall be
subject to a deed restriction ensuring continued affordability ofthe units consistent with
Section 21.86.100 of this chapter, which shall be recorded on the property at the time of
the transfer.
f. The land is transferred to the city or to a housing developer
approved by the city. The city may require the applicant to identify and transfer the land
to the developer.
g. The transferred land shall be within the boundary of the
proposed development or, if the city agrees, within one-quarter mile ofthe boundary of
the proposed development.
h. Prior to the approval of the final subdivision map, parcel
map or housing development application, the developer shall identify a proposed source
of funding for the very low income units.
SECTION 8: That Section 21.86.040.H of the Carlsbad Municipal Code is
amended to read as follows:
H. For the purposes of calculating a density bonus, the residential units shall
be on contiguous sites that are the subject of one development application in a housing
development, but do not have to be based upon individual subdivision maps or parcels.
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SECTION 9: That Section 21.86.050.A.2 of the Carlsbad Municipal Code is
amended to read as follows:
2. The decision-making body shall grant the incentive(s) or
concession(s) requested by the applicant unless, based upon substantial evidence, any of
the following findings are made in writing:
a. The incentive or concession is not required in order to
provide for affordable housing as defined in Section 21.86.020(A)(1) of this chapter.
b. The incentive or concession would have a specific adverse
impact upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
As used in this paragraph, and as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the California Government Code, a "specific, adverse impact" means a
significant, quantifiable, direct and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
c. The incentive or concession would be contrary to state or
federal law.
SECTION 10: That Section 21.86.060 of the Carlsbad Municipal Code is
amended to read as follows:
21.86.060 Waiver or reduction of development standards.
A. In addition to the incentives or concessions permitted by Section 21.86.050
of this chapter, an applicant may seek a waiver or reduction of development standards
that will have the effect of physically precluding the construction of a housing
development meeting the criteria of Section 21.86.040(A) of this chapter at the densities
or with the incentives or concessions permitted by this chapter.
1. The applicant shall provide evidence that the development
standard(s) requested to be waived or reduced will have the effect of physically
precluding the construction of a housing development at the densities or with the
incentives or concessions permitted by this chapter.
2. A proposal for the waiver or reduction of development standards
pursuant to this section shall neither reduce nor increase the number of incentives or
concessions to which the applicant is entitled pursuant to Section 21.86.050 of this
chapter.
B. The decision-making body shall grant the requested waiver or reduction of
development standards, unless, based upon substantial evidence, any of the following
findings are made in writing:
1. The development standard(s) requested to be waived or reduced
will not have the effect of physically precluding the construction of a housing
development at the densities or with the incentives or concessions permitted by this
chapter.
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2. The requested waiver or reduction of development standards
would have a specific adverse impact upon public health and safety or the physical
environment, or on any real property that is listed in the California Register of Historical
Resources, and for which there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact. As used in this subsection, and as defined in paragraph (2) of
subdivision (d) of Section 65589.5 ofthe California Government Code, a "specific, adverse
impact" means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as
they existed on the date the application was deemed complete.
3. The waiver or reduction of development standards would be
contrary to state or federal law.
SECTION 11: That Section 21.86.090.G of the Carlsbad Municipal Code is
amended to read as follows:
G. Upon the request of the applicant, the parking ratio (inclusive of handicap
and guest parking) for a housing development that conforms to the requirements of
Section 21.86.040(A) of this chapter shall not exceed the ratios specified in Table E,
below. If the applicant does not request the parking ratios specified in Table E or the
project does not conform to the requirements of Section 21.86.040(A) of this chapter, the
parking standards specified in Chapter 21.44 of this code shall apply.
1. If the total number of parking spaces required for a development is
other than a whole number, the number shall be rounded up to the next whole number.
2. For purposes of this section, a housing development may provide
"on-site" parking through tandem parking or uncovered parking, but not through on-
street parking.
3. The applicant may request parking incentives or concessions
beyond those provided in this section, subject to the findings specified in Section
21.86.050(A)(2) of this chapter.
Table E
Parking Ratio for Housing Developments
Dwelling Unit Size On-Site Parking Ratio
0-1 bedroom 1 space per unit
2-3 bedrooms 2 spaces per unit
4 or more bedrooms 2.5 spaces per unit
SECTION 12: That Section 21.86.100.B of the Carlsbad Municipal Code is
amended to read as follows:
B. All moderate-income dwelling units directly related to the receipt of a
density bonus for a common interest development shall be subject to the following:
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1. The initial occupant(s) of the target dwelling unit(s) shall be persons
and families of moderate income, and the units shall be offered at an affordable housing
cost that does not exceed the allowable housing expenses for a moderate-income
household.
2. Unless in conflict with the requirements of another public funding
source or law, the target dwelling unit(s) shall be subject to an equity sharing agreement
that specifies:
a. Upon resale, the seller of the unit shall retain the value of
any improvements, the down payment, and the seller's proportionate share of
appreciation.
b. Upon resale, the city shall recapture any initial subsidy and
its proportionate share of appreciation, which shall then be used within five years for any
of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety
Code that promote homeownership.
i. For the purposes of this subsection, the city's initial
subsidy shall be equal to the fair market value of the home at the time of initial sale
minus the initial sale price to the moderate-income household, plus the amount of any
down payment assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time ofthe resale shall be used
as the initial market value.
ii. For the purposes of this subsection, the city's
proportionate share of appreciation shall be equal to the ratio ofthe city's initial subsidy
to the fair market value of the home at the time of initial sale.
3. If the city provides a direct financial contribution to a common
interest development through participation in cost of infrastructure, write-down of land
costs, or subsidizing the cost of construction, the target dwelling unit(s) shall remain
affordable to the designated income group for at least thirty years.
SECTION 13: That Section 21.86.110.C.2.f of the Carlsbad Municipal Code is
amended to read as follows:
f. In the case of a request for a waiver or reduction of
development standards, pursuant to Section 21.86.060 of this chapter, evidence that the
development standard being waived or reduced will have the effect of physically
precluding the construction of the development at the densities or with the concessions
or incentives permitted by this chapter;
SECTION 14: That Section 21.86.120.A.3 of the Carlsbad Municipal Code is
amended to read as follows:
3. In cases where an applicant requests a waiver or reduction of
development standards, pursuant to Section 21.86.060, the requested waiver or
reduction of development standard(s) is necessary to avoid physically precluding the
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construction of a housing development at the densities or with the incentives or
concessions permitted by this chapter.
SECTION 15: That Section 21.86.120.A.7 of the Carlsbad Municipal Code
is added as follows:
7. The requested incentive(s) or concession(s), and/or waiver(s) or
reduction(s) of development standards would be contrary to state or federal law.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
effective until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 25th day of Februarv 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the 11*"^ day of March, 2014, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood and Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIAA. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
SHELLEY COLLINS; Assistant City Clerk
(SEAL)