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HomeMy WebLinkAbout1995-12-19; Municipal Water District; Resolution 9151 2 3 4 5 0 a RESOLUTION NQ 915 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA ACCEPTING LICENSE AGREEMENT BETWEEN AIRTOUCH CELLULAR AND THE CARLSBAD MUNICIPAL WATER DlSTRlC WHEREAS, AirTouch Cellular wishes to enter into a license agreemc ' 11 property known and specifically identified as one thousand four hundred s 7 1) (1,480) square feet of a 1.53 acre site, commonly known as the La Costa Hi 8 9 10 WHEREAS, the Board of Directors of the Carlsbad Municipal Wate 11 California, agrees to enter into a License Agreement with AirTouch Cellular; a Site, herein after referred to as the "Property"; 12 WHEREAS, AirTouch Cellular agrees to all obligations in the License P l3 and CUP 94-1 1; and l4 I! WHEREAS, AirTouch Cellular agrees to pay the Carlsbad Municipal Wa 15 II without abatement, deduction or offset the following rental on or before the f each month this agreement: 16 17 18 year of this agreement commencing the first of the month following the adopt 19 (a) One thousand eight hundred dollars ($1,800) dollars per month 1 20 11 agreement; 21 22 (b) Commencing on the anniversary date of this Licensing Agreemer 23 ll 2, 3 and 4, said monthly rent shall increase as follows: 24 Year 2: Qne thousand eight hundred and ninety dollars ($1,890) F 25 Year 3: One thousand nine hundred eighty-four dollars and 1 26 ($1,984.50) per month. 27 28 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2o I e 0 Year 4: Two thousand eighty-three dollars and seventy-thrc ($2,083.73) per month; WHEREAS, the Board President hereby directs the Executive Manager ti three original copies of the License Agreement; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Municipal Water District, California as follows: 1 I That the above recitations are true and correct. 2. That the Board License Agreement attached hereto i approved and the Executive Manager is authorized and directed to execute it of the District. PASSED, APPROVED AND ADOPTED at a special meeting of the Municipal Water District held on the 19th day of DECEMBER 1995, by the vote to wit: AYES: Board Members Lewis, Kulchin, Finnila, Hall NOES: None 11 ABSENT: Board Me . LEWIS, President 21 ATTEST: sistant Secretary 24 (SEAL) 25 26 27 28 e e LICENSE AGREEMENT This Agreement made between the Carlsbad Municipal Water District, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, hereinafter for convenience referred to as IlDistricttl, and-AirTauch Cellular, a California corporation, hereinafter for convenience referred to as I1AirTouch1'. RECITALS 1. The District is the owner of real property more specifically identified as one thousand four hundred and eighty (1480) square feet on a 1.53 acre site, commonly known as the La Costa High Reservoir Site, and hereinafter referred to as the llPropertyll. 2. The District now uses the Property for a water storage reservoir for the District and appurtenances thereto. 3. The Property is adequate in size to allow the installation of an antenna and appurtenances thereto by AirTouch. 4. AirTouch is desirous of installing antennas and appurtenances thereto on the Property. 5. The District is willing to allow AirTouch to install the antennas and appurtenances thereto under certain terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: LIC?ENSEE'€f OBLIGATIONS AirTouch agrees to do the following: 1. Use the Property for the purpose of constructing, maintaining and operating a Mobile Communications Facility and uses 0 a incidental thereto, consisting of one building of approximately three hundred and sixty (360) squgre feet and antennas as described in CUP 94-11. A security fence, consisting of .chain link construction or similar but comparable construction, shall be placed around the perimeter of the facilities of AirTouch. All improvements shall be at AirTouch's expense. AirTouch will maintain the property in a reasonable condition. 2. (a) Be responsible for .installing any equipment, at expense of AirTouch, to eliminate any interference that might be caused by the location of the radio transmitting or other equipment of all parties (including but not limited to the District, City of Carlsbad, and Cablevision) on the Property. (b) The District reserves the right to enter into agreements with other parties, including but not limited to wireless communications carriers (hereinafter I1Carriersm1) for use of the La Costa High Reservoir site. In the event that an additional Carrier is licensed to use the site it shall be the new Carrier's responsibility, at its expense, to ensure that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission (ItFCCta), if any. If Carrier's plans and specifications are approved by District, District shall notify AirTouch in writing as to the scheduled date and time of commencement of construction and installation of Carrier's transmitting/receiving equipment not less than five (5) business days prior to such date. Any change to the additional Carrier's approved antenna type and location and/or , 2 0 0 change in transmitter types and power output shall be made compatible with AirTouch at Carrier's sole expense. 3. Be responsible for maintenance of the building to comply with all City, County, FAA and FCC regulations. 4. Be responsible for its own equipment. Provide fire, theft and extended coverage insurance for the building and facilities installed for AirTouch. 5. (a) Be responsible for securing any necessary permits or conditional use permits from any governmental agency to install any facilities of AirTouch on the Property. AirTouch may substitute, modify and/or add to its communications antennas located on the Property from time to time, provided that AirTouch first obtains any and all required governmental approvals for such substitution, modification and/or a'ddition. Any change to AirTouch's approved antenna type, number of antennas, antenna location and/or change in transmitter type and power output shall, at the sole expense of AirTouch, be made in accordance with applicable regulations issued by the FCC. If AirTouch's plans and specifications are approved by District, AirTouch shall notify all other Carriers in writing as to the scheduled date and time of commencement of construction or installation of AirTouch's modified equipment not less than five (5) business days prior to such date. (b) It is understood and agreed that AirTouch's ability to use and/or protect its interest in the Property is dependent upon AirTouch's obtaining all of the certificates, permits and other approvals which may be required from any federal, state or 3 0 0 local authority, and any easements which are required from any third parties. ,District shall cooperate with AirTouch in its efforts to obtain such approvals and/or easements, as may be required for AirTouch's facility as initially configured and approved in CUP 94-11. If (i) any application and/or negotiations by AirTouch for any such certificate, permit, license, easement, approval, policy of title insurance, or agreement is finally denied, rejected and/or terminated, (ii) any such certificate, permit, license, easement, approval or agreement is canceled, or expires, or lapses or is otherwise withdrawn or terminated, (iii) any Hazardous Materials are discovered or otherwise become located on the Property, other than as a direct result of AirTouch's activities thereon, or (iv) due to technological changes, AirTouch determines that it is no longer practical to use the Premises for AirTouch's intended purposes, then AirTouch shall have the right to terminate this License Agreement, which termination shall be effective no sooner than 30 days from delivery of written notice from AirTouch to District provided AirTouch has removed all of its property and equipment from the premises by that time. 6. Be responsible for all utilities and any property taxes imposed as a result of the use of the Property by AirTouch. 7. (a) Licensee understands and agrees that this licensing agreement may be revoked at any time in the future if the District determines for any reason at any time in the future that this license agreement is not in the best interest of the District The determination of license revocation shall be within the sole 4 0 0 discretion of the District. In the event the District's revocation of a license is not due to a breach by AirTouch of one of the conditions or obligations provided for in this agreement, the District shall give AirTouch written notice of the necessity of removal of the said facilities one hundred eighty (180) calendar days prior to the effective date of the removal. Such removal or relocation shall be at the expense of AirTouch. (b) If this license is revoked by the District due to a breach by AirTouch of one of its obligations herein, the revocation shall be effective thirty (30) calendar days from the date of delivery of the notice of revocation and AirTouch shall remove all of its personal property and equipment from the Property by that time or the District may remove it and charge AirTouch for the cost of removal. 8. If upon expiration or termination of this agreement AirTouch remains on the Property, -AirTouch shall pay rent at two times the then existing monthly rate until such time as AirTouch vacates the premises by removal of its personal property and fixtures. 9. Exercise due diligence in utilizing the Property of the District so as to not interfere with utilization of the Property by the District, and AirTouch agrees to comply with any rules and regulations that the District may promulgate at any time in reference to utilization of the Property by any party other than the District. It is understood by AirTouch that the Property is used by the District as a water storage reservoir and as a part of 5 0 0 the water transmission system of the District and that it is necessary to maintain adequate security at all times for the primary utilization of the Property by the District. 10. Pay to District without abatement, deduction or offset the following rental on or before the first day of each month of this agreement: (a) One thousand eight hundred(l,800) dollars per month for the first year of this agreement. (b) Commencing on the anniversary date of this Licensing Agreement in years 2, 3 and 4, said monthly rent shall increase as follows: Year 2: One thousand eight hundred and ninety (1,890) dollars per month. Year 3: One thousand nine hundred eighty-four (1,984.50) dollars and fifty cents per month. Year 4: Two thousand eighty-three (2,083.73) dollars and seventy-three cents per month. (c) If any of the monthly rental payments are not received by the District by the tenth day of the month in which they are due, the rent shall be deemed delinquent and a ten (10) percent penalty on the sum owing shall accrue on the late payment. If AirTouch should become delinquent on two or more months rent, the District may revoke this agreement forthwith and demand removal of all personal property within ten (10) days, or remove such property itself and charge AirTouch for the cost of removal. 11. Provide the District with two portable cellular te e hone? units mA: G rztzil -.-z.ktc ~5 -wly Bj& - upon execution of this agreement, as additional 6 0 0 consideration for this license. 12. (a) Waive all claims against the District and/or the city of Carlsbad for any damages to the personal property and equipment of AirTouch in, upon or about the Property and for injuries to any employees of AirTouch or their agents in or about the Property from any cause arising at any time, and AirTouch will hold the District and the City of Carlsbad exempt and harmless from any damage or injury to any person, or any property, arising from the use of the Property by AirTouch, or from the failure of AirTouch to keep the building in good condition and repair, as herein provided. (b) AirTouch's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the District and/or the City of Carlsbad, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. (c) AirTouch shall at its own expense, upon written request by the District and/or the City of Carlsbad, defend any such suit or action brought against the District and/or the City of Carlsbad, its officers, agents or employees. AirTouch's indemnification of the District and/or the City of Carlsbad shall not be limited by any prior or subsequent declaration by AirTouch. 13. Obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise out of or in connection with this agreement, its agents, representatives, employers or 1 7 0 e subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best‘s Key Rating of not less than IIA-:V” and shall meet the District‘s policy for insurance as stated in City Council Resolution No. 91-403. (a) AirTouch shall maintain the types of coverages and minimum limit indicated herein, unless a lower amount is approved by the General Counsel or Executive Manager: 1) Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately under this contract or the general aggregate shall be twice the required per occurrence limit. 2) Automobile Liability (for the use of an automobile by AirTouch employees or agents or subcontractors in conjunction with its use of the premises) $1,000,000 combined single-limit per accident for bodily injury and property damage. 3) Worker’s Compensation and Employer‘s Liability. Worker‘s compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury. (b) AirTouch shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions: 8 0 e 1) The District and the City of Carlsbad shall be designated as an additional insured on all policies excluding Worker's Compensation. 2) AirTouch shall furnish certificates of insurance to the District before commencement of work. 3) AirTouch shall obtain occurrence coverage, which shall be written as claims-made coverage. 4) This insurance shall be in force during the life of the agreement and shall not be canceled without 30 days prior written notice to the District sent by certified mail. 5) If AirTouch fails to maintain any of the insurance coverages required herein, then the District will have the option to revoke this license agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. AirTouch is responsible for any payments made by the District and/or the City of Carlsbad to obtain or maintain such insurance and the District and/or the City of Carlsbad may collect the same from AirTouch or deduct the amount paid from any sums due AirTouch under this agreement. 14. AirTouch and District agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. llHazardous Material1* shall mean petroleum or any petroleum product, asbestos, any substance known by the State of California to cause cancer and/or reproductive toxicity, and/or any substance, chemical I 9 0 0 or waste which is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. In the event of a breach of this provision by either party, the other may terminate this agreement forthwith and pursue any remedies to which it is entitled by law., 15. Licensee understands and acknowledges that this license granted herein is absolutely not assignable or transferable and any attempt to do so may result in a revocation of the license at the will of the District. LICENSOR'S OBLIGATIONS District agrees to do the following: 1. Allow the construction of a building and installation of antennas on the Property for use of AirTouch as approved in City of Carlsbad CUP No. 94-11 attached hereto as Exhibit tlI1l. 2. Allow reasonable ingress and egress for AirTouch to the Property, including access any time in cases of emergency or equipment failure. 3. Be responsible for its own equipment. 4. Grant any necessary temporary easement as required for extension of electric and telephone service to the site as specified in City of Carlsbad CUP 94-11. 5. Allow construction of power line facilities to the site from existing facilities on the reservoir site. 6. Permit AirTouch ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of a similar nature as AirTouch 10 0 0 may deem necessary. All such activities shall be at the sole expense of AirTouch. AirTouch agrees to hold District and the Property free and harmless from any cost, claims and damages, actual or asserted, including costs of investigation and/or defense thereto connected in any way with said activities. 7. District and its agents and contractors shall have the right to enter the Premises upon forty-eight (48) hours advance notice to AirTouch, during reasonable business hours and when accompanied by personnel of AirTouch, for the purpose of making any necessary alterations or repairs as provided in this License Agreement. In the event of an emergency, the notice requirement will be waived. 8. All notices under this License Agreement shall be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice). All notices properly given as provided for in this section shall be deemed to be given on the date when sent. Should District or AirTouch have a change of address, the other party shall immediately be notified as provided in this section of such change. AIRTOUCH: DISTRICT: AirTouch Cellular Carlsbad Municipal Water District 5355 Mira Sorrento Place 5950 El Camino Real Suite 500 Carlsbad, CA 92008 San Diego, CA 92121 Att: Robert J. Greaney Att: Real Estate Dept.. General Manager 11 0 a with a copy to: AirTouch Cellular Office of the City Attorney P. 0. Box 19707 1200 Carlsbad Village Drive Irvine, CA 92713-9704 Carlsbad, CA 92008 Att: Legal Dept. Att: Ronald R. Ball, Esq. The parties have executed this Agreement as of the date affixed after the signature of the party. Dated: Dated: 12/20/95 AIRTOUCH CARLSBAD MUNICIPAL WATER DISTRICT 9 /.!. BY : /A,/.; y 9. ,,; L L. b..' BY: @dCY J. HOBBS ROBERT J. & 9&#-7 EY Vice President and General General Manager Manager of San Diego and Imperial Counties Dated: /;;',' ... 'gi- Dated: /l-J7-7g .I Assistant Secretary Carlsbad Municipal Water District WAPPROM) WDEiWMEw WcYOuNt? ByIC"r-7 1)%9-F .* I 12 0 a CRCEa 1W-Z 194231-02 DISTRICT PROPERTY A m of land khq a - of ~EKEL 4 or^ -?and. .?%q Fb- 10179, -SI.& in - of~.cmnty%sreerofSsn",stakaf~,~a~d sectian 3, Tczmshb L2 scrrtfi, Fax33 3 ", sm =- :?e?2dia, city of car& cmIEr&ga"-ofLaccsta-, wtm. 2, zxxzdiqu* -No. L 6905, Xf.din~~ofttSe~~ofSannipmcbxrty, s said w, said A, - aS f-2 ~cutf.8astaxmzcbzingap3intmth~ly~m-wapofELr~S~ -- tkccs sartfi 68"01'10" East, 99.51 feet: thxe sartfi 51a54'40" East, 14 - ~n said ~Pkp NO- 6905; w - 68"13'07" F;rCr, 1536.70 fk& b tb m E feet; & scalth 22'52'25" west, 191-85 feet; tkzcs scutfi 57'13'Co" wst, 73-07 w mrth 83'46'Co" m, 83.97 f&; tkfz€Ei m 22'02'u." west, 33.84 feet: ? mcth 34"2!5'4a" west, 153.Co feet; - rn 5"34'L2" Eat, I0.W feet'm - I. w of a taqsnt 322 h Mus c~paz, - -1~; - - &cy-g e arc of said am=, m a "trd- angle of 33"35'22" a - of 188 feett0tbTruePaint:ofEqimiq. \ Exhibit "A" - - m - - .F c, a c x w -r 1 - I i II 'i ! 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L .. +- s Et SA ’ 2 -x 0 3w - .. .. . .. ._. . ””“.- 0 r>a .- .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PLANNING COMMISSION RESOLUTION NO. 3756 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PER" TO CONSTRUCI' A CELLULAR COMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN EL FUERTE AND UNA WAY. CASE NAME: LA COSTA CELL, SITE CASE NO: CUP 94-1 1 WHEREAS, a verifred application has been filed with the City of Carls referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditic Permit as provided by Chapter 2 1.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal We, the P commission did, on the 15th day of March, 1995, hold a duly noticed public hearing to c said application on property described as: A parcel of land being a portion of Farce1 4 of Parcel Map No. 10179, filed in the Office of the county Recorder of the County of San Diego, State of California, being a portion of Section 30, Township 12 South, Range 3 West, San Bemardin0 Meridian, in the City of Carlsbad, county of San Diego, State of California. WHEREAS, at said public hearing, upon hearing and considering all testimc arguments, if any, of all persons desiring to be heard, said commission considered all relating to CUP 94-11. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corm of the City of Carlsbadl as follows: A) That the foregoing recitations are true and correct. ~ 1 ~ ~ B) That based on the evidence presented at the public hearing, the Corn APPROVES CUP 94-11, based on the following findings and subject following conditions: ... EXHIBIT "I" il 0 e 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 20 It i I I I I i 1 it I I I I Findings: 1. That the requested use is desirable for the development of the community a provide an additional level of service to the community, is essentially in harrnc the various elements and objectives of the general plan as the facility will help I for emergency response during and after catastrophic events" and will help 7 the organization and delivery of emergency services", and is not detrimental to uses or to uses specifically permitted in the zone in which the proposed use located; 2. That the 1.53 acre site is adequate in size and shape to locate the three hund sixty square foot communication facility building and antenna platform; 3. That all of the yards, setbacks, walls, fences, landscaping, and other features n' to adjust the requested use to existing or permitted future uses in the neighborhl be provided and maintained. The existing landscaping is adequate to scr facility from distant views; 4. That the street system serving the proposed use is adequate to properly handle a, generated, for routine maintenance visits, by the proposed use. Conditions: 1. Approval is granted for CUP 94-11, as shown on Exhibit(s) "A" - "B", dated M 1995, incorporated by reference and on file in the Planning Department. Devel shall occur substantially as shown unless otherwise noted in these conditions. 2.. The developer shall provide the City with a reproducible 24" x 36", mylar copy of plan as approvd by the Planning Comm;sSion. The sire plan Shall reflect the COI of approval by the City. The plan copy shall be submitted to the Planning Direc approved prior to building, grading, final map, or improvement plan submittal, wh OCC~ frst. 3. This project shall comply with all conditions and mitigation measures which 1 required as part of the Zone 11 Local Facilities Management Plan and any amen, made to that Plan prior to the issuance of building permits. 4. Approval of this request shall not excuse compliance with all sections of the : Ordinance and all other applicable City ordinances in effect at time of building issuance. 5. This approval shall become null and void if building permits are not issued f project within one year from the date of project approval. 6. This Conditional Use Permit is granted for a period of 5 years. This Condition Permit shall be reviewed by the Planning Director on a yearly basis to determ.int conditions of this permit have been met and that the use does not have a sub5 PC RES0 NO. 3756 -2- 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 e e ~ negative affect on wounding properties or the public health and welfare. If the Director determines that the use has such substantial negative effects, the Director shall recommend that the Planning Commission, after providing the p the opportunity to be heard, add additional conditions to reduce or elhi , substantial negative effects. This permit may be revoked at any time after ; hearing, if it is found that the US^ has a substantial detrimental affect on surround uses and the public's health and welfare, or the conditions imposed herein have : met. This permit may be extended for a reasonable period of time not to exceed upon written application of the permittee made no less than 90 days prio expition date. The Planning Commission may not grant such extension, unless that there are no substantial negative affects on surrounding land uses or the health and welfare. If a substantial negative affect on surrounding land use! public's health and welfare is found, the extension shall be denied or grant conditions which will eliminate or substantially reduce such effects. There is no the number of extensions the Planning Commission may grant. 7. Prior to the issuance of the Conditional Use Permit Developer shall submit to thc Notice of Restriction to be filed in the office of the County Recorder, subjecl satisfaction of the Planning Director notifying all interested parties and succe: interest that the City of Carlsbad has issued a Conditional Use Permit by Resolut 3756 on the real property owned by the declarant. Said Notice of Restriction sh the property description, location of the fie containing complete project details conditions of approval as well as any conditions or restrictions specified for inch the Notice of Restriction. The City's fd decision maker for the project has the at to allow the developer to execute and record an amendment to the notice which m or terminates said notice upon a showing of good cause. 8. The Developer shall report, in writing, to the Planning Director within 30 da] address change from that which is shown on the conditional use permit applicati 9. All roof appurtenances, including air conditioners, shall be architecturally integrat concealed from view and the sound buffered from adjacent properties and stre substance as provided in Building Department Policy No. 80-6, to the satisfaction Directors of Planning and Building. 10. No outdoor storage of material shall occur onsite unless required by the Fire Chi such instance a storage plan will be submitted for approval by the Fire Chief a Planning Director. 11. h the event that similar telecommunication facilities wish to locate on the s property in the future, Air Touch Cellular shall not object to the installation and ope of such facilities unless such facilities are technically incompatible with Air ' Cellular's facility. Additional telecommunication facilities must obtain separatc Permits (i.e. CUP) prior to locating at the subject site. .... PC RES0 NO. 3756 -3- j/ 0 a II 1 12. The antennas permitted by this Conditional Use Permit are tbirty directional antennas, six omni directional whip antennas not to exceed ffieen feet in leng 2 digital radio dish antennas not to exceed eight feet in diameter. , 31 4l 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ' 27 I 13. Any additional antennas shall require an amendment to the Conditional Use 14. A hold harmless agreement to the satisfaction of the City Attorney and Warming I shall be submitted and approved prior to issuance of building permit. PASSED, APPROVED, AND ADOPTED at a regular meeting of the F Commission of the City of Carlsbad, California, held on the 15th day of March, 1995, following vote, to wit: AYES: Chairperson Welshons; Commissioners Erwin, Monroy, I Noble, and Savary. NOES: None. ABSENT: None. ABSTAIN: Commissioner Compas. ATTEST: KIM WELSHONS, ChairDerson. CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR 28 /I PC RES0 NO. 3756 -4-