PC Res 3881
RESOLUTION NO. 3881
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2008-06) TO ALLOW THE CONSTRUCTION
OF AN 8,000 SQUARE FOOT COMMERCIAL BUILDILNG ON
PROERTY OWNED BY HAMILTON PLAZA INVESTORS, LLC,
LOCATED AT 1790 S. BASCOM AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF HAMILTON
AVENUE INVESTORS, LLC. FILE NO.: PLN2008-06.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2008-06.
1. The development of a new commercial building is consistent with the General
Commercial General Plan Land Use Designation.
2. The zoning designation for the project site is C-2-S (General Commercial). The
construction of the proposed commercial retail building is allowed with the approval of a
Site and Architectural Review Permit and would support future commercial uses that
are allowed in the C-2 Zoning District.
3. The site is currently developed with an automotive service use. Land uses surrounding
the project site include commercial uses (i.e. retail and service uses) to the north,
south, east and west.
4. The site plan proposes the construction of a single commercial retail building. The
proposed building would be located on the west half of the subject property. A lot line
adjustment would include the proposed location of trash enclosure.
5. The project would have a building coverage of 34.5 percent, landscape coverage of
15.8 percent, and paving coverage of 49.7 percent.
6. The project has a Floor Area Ratio (FAR) of 0.345.
7. The design of the proposed buildings is a contemporary structure typical of commercial
developments.
8. The site plan depicts the provision 30 total parking spaces for the proposed project with
28 unistall spaces and 2 accessible spaces, which exceeds the minimum required
number of parking spaces by two spaces.
9. The proposed project will install street improvements along Bascom Avenue which
presents a significant streetscape enhancement.
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10. The plans indicate that 15.7 percent of the project site would be landscaping with
continuous landscaping between the proposed buildings and the street as well as
substantial landscaping in the parking lots and around the perimeter of the site.
11. The site plan indicates the location of an existing five feet tall masonry wall along the
eastern half of the southern property line, and an existing cyclone fence with vinyl slats
along the western portion of the southern property line. The applicant is proposing for
the masonry wall to remain and for the cyclone fence to be removed.
12. The site plan proposes to install wall-mounted lights around the perimeter of the
building, and two light poles in the parking area. The proposed light poles are 20 feet
tall and are located within the site interior to direct the light on the project site and
shield it from the neighboring properties, consistent with the requirements of Section
21.18.090 (Lighting Design Standards) of the Campbell Municipal Code.
13. This project has been found categorically exempt under Section 15302, Class 2 of the
California Environmental Quality Act (CEQA), pertaining to replacement of an existing
structure.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
2. The development will be compatible with the Zoning Code of the City.
3. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
4. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Site and
Architectural Review Permit (PLN2008-06) to allow the construction of an 8,000 square
foot commercial building on property owned by Hamilton Plaza Investors, LLC, located at
1790 S. Bascom Avenue in a C-2- S (General Commercial) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
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PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Proiect: Approval is granted for a Site and Architectural Review Permit
(PLN2008-06) to allow the demolition and construction of a new commercial retail
building and associated on-site improvements located at 1790 South Bascom
Avenue. The building designs and site design shall substantially conform to the
project exhibits listed below, except as may be modified by the conditions of approval
herein:
a. Project plans prepared by The Hagman Group and stamped as received by the
Planning Division on April 14, 2008.
b. Color/material board submitted by The Hagman Group.
2. Landscape & Irrioation Plan: The applicant shall submit a final landscape and irrigation
plan to the Planning Division, prior to the issuance of building permits, for review and
approval by the Community Development Director. The landscape and irrigation plan
shall substantially conform with the approved conceptual landscape plan and the City's
Water Efficient Landscaping Standards (WELS) and shall include the following:
a. Relocation of the Mexican Fantail Palm trees to the perimeter landscape area along
the driveway and parking lot.
3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected
trees to be retained on site and shall contain specific information about the preservation
of the trees during any grading or building on site. The tree protection plan shall be
submitted to the Planning Division for review and approval by the Community
Development Director prior to the issuance of building or grading permits. Such tree
protection measures shall be installed prior to any demolition, grading, or building on
the project site. No construction or trenching shall take place within the drip line of trees
and a fence constructed of temporary cyclone fencing or wire mesh securely attached to
poles driven into the ground shall be installed around the dripline of the tree. All
trimming or branch removal from protected trees shall be completed by a certified
arborist.
4. Buildina Elevations. Details. and Colors: The applicant shall submit detailed building
elevations and exhibits depicting architectural details. The detailed elevations and
exhibits shall substantially comply with the approved plans and shall be reviewed and
approved by the Community Development Director prior to the issuance of building
permits.
5. Uses: The allowable uses for this building shall be 100 percent commercial/retail.
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6. Parkinq and Drivewavs:
a. All parking and driveway areas shall be developed in compliance with the approved
plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code.
b. All parking and driveway areas shall be maintained in good condition and free of
any trash or debris and shall be regularly swept and cleaned.
7. On-Site Liqhtinq: Prior to the issuance of building permits the applicant shall submit a
lighting plan, light fixture details, and illustrated brochures indicating the location and
design of light fixtures and parking lot lighting to the Planning Division, for review and
approval by the Community Development Director. All lighting shall be arranged and
shielded so that light is reflected away from adjacent residential uses and so that there
is no glare, which will cause unreasonable annoyance to occupants of residential
properties or otherwise interfere with the public health, safety or welfare.
8. Mechanical Equipment: All roof mounted and ground mounted equipment shall be
screened from public view. The method of screening shall be architecturally compatible
with the development in terms of colors, materials, architectural style. and shall include
appropriately installed and maintained landscaping, as applicable, to the satisfaction of
the Community Development Director. Prior to the issuance of building permits, the
applicant shall indicate on the building permit plans the screening methods for the
mechanical equipment for the project.
9. Propertv Maintenance and Graffiti Removal: The property is to be maintained free of
any combustible trash, debris and weeds until the time that actual construction
commences. All existing structures shall be secured by having windows boarded up and
doors sealed shut, or be demolished or removed from the property (Section 11.201 and
11.414, 1985 Ed. Uniform Fire Code). The property owner shall be responsible for the
removal of any graffiti from walls, fences or structures on the project site within one
week of notification by the Community Development Director or their designate
10. Noise:
a. Parking lot sweepers, leaf blowers and other mechanical devices that have the
potential to cause a disturbance to the adjacent residential properties shall only be
operated between 7:00 a.m. and 5:00 p.m. daily.
11. Construction Mitiqation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or national holidays unless an exception is granted by the
Building Official.
b. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
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c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. All stationary noise-generating construction equipment, such as air compressors
and portable power generators. shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
e. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the public
street so that the contractor can be made aware of noise complaints.
12. Recordinq Covenant: Prior to the submittal of building permits, the applicant shall
provide proof of recordation of easements, covenants, or equivalent instrument that
provides for permanent pedestrian and vehicular access across all parking spaces,
walkways, driveways and drive aisles on all parcels within the project boundaries.
13. Lot Line Adiustment: A Lot Line Adjustment to incorporate the trash enclosure and
parking into this parcel shall be completed prior to submittal of building permits.
14. Trash Enclosures: The building permit submittal shall contain details regarding the
design and location of the trash and recycling enclosures for review and approval by
the Community Development Director prior to the issuance of building permits for the
project. All refuse and recycling containers shall be located in an enclosure constructed
and consisting of a concrete floor at least six inches in depth, surrounded by a
minimum six-foot high masonry wall and having a solid metal gate. The design of the
enclosures shall be compatible with the buildings. Driveways or aisles shall provide
unobstructed access for collection vehicles and personnel and provide at least the
minimum clearance required by the collection methods and vehicles utilized by the
designated collector. The refuse and recycling containers shall be kept in the enclosure
at all times except when being emptied by collection personnel.
15. Master Sian Plan: No signage is approved as a part of the development application
approved herein. The applicant shall submit a master sign plan application for all
signage for the development. The proposed master sign plan shall comply with the all
provisions, including design criteria, of Chapter 21.30 (Signs) of the Campbell
Municipal Code. No sign shall be installed until such application is approved by the
decision making body.
16. Utilitv Boxes and Back-Flow Preventers: Prior to the issuance of building permits, the
applicant shall indicate on the building permit plans the location and screening method
of the PG&E transformers and San Jose Water Company back-flow preventers, where
applicable, for approval by the Community Development Director.
17. Utilities: All new on-site and project frontage utilities and poles shall be installed
underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell
Municipal Code.
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PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit
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18. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for all
uses within the structures, unless a Conditional Use Permit is obtained from the
Planning Commission for late night operations.
19. Fences/Walls:
a. The existing five feet tall masonry wall along the eastern half of the southern
property line that will remain shall be kept in sound condition and shall be repaired
or replaced as necessary through the life of the project.
Building Division:
20. Permits Required: A building permit application shall be required for the proposed new
commercial structure. The building permit shall include Electrical/Plumbing/Mechanical
. fees when such work is part of the permit.
21. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
22. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36in.
23. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
24. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
25. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
shall be submitted with the building permit application. This report shall be prepared by
a licensed engineer specializing in soils mechanics.
26. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendation as
specified in the soils report and the building pad elevation and on-site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. pad elevation
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b. finish floor elevation
c. foundation corner locations
27. Title 24 Enerav Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
28. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with C.B.C. Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
29. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet (size 24" X 36") is available at the Building
Division service counter.
30. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
31. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
32. P.G. & E.: The applicant is advised to contact P.G. & E. as early as possible in the
approval process. Service installations, changes and/or relocations may require
substantial scheduling time and can cause significant delays in the approval process.
The applicant should also consult with P.G. &E. concerning utility easements,
distribution pole locations and required conductor clearances.
33. Proiect Approvals: The project requires the following agency approval prior to issuance
of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (874-2900)
iv. Cambrian School District (377-2103)
d. Bay Area Air Quality Management District (Demolitions only)
e. Santa Clara County Department of Environment Health
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PUBLIC WORKS DEPARTMENT
34. Preliminary Title Report: Prior to issuance of any grading or building permits for the
site, the applicant shall provide a current (within the past 6 months) Preliminary Title
Report.
35. Riaht-of-Wav for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
right-of-way to be granted for public street purposes along the S. Bascom Avenue
frontage to accommodate a 17 feet of right of way from curb face to back of walk. The
applicant shall submit the necessary documents for approval by the City Engineer,
process the submittal with City staffs comments and fully complete the right-of-way
process. The applicant shall cause all documents to be prepared by a registered civil
engineer/land surveyor, as necessary, for the City's review and recordation.
36. Public Service Easements: Prior to issuance of any grading or building permits for the
site, the applicant shall grant a 10 foot public service easement on private property
contiguous with the public right-of-way along the S. Bascom Ave. frontage. The
applicant shall cause all documents to be prepared by a registered civil engineer/ land
surveyor, as necessary, for the City's review and recordation.
37. Gradina and Drainaae Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that development has been built per the engineered grading
and drainage plans
38. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee, currently set at $2,650 per
net acre, which is $1,409.
39. Street Improvements: Prior to issuance of any grading or building permits for the site,
the applicant shall execute a street improvement agreement, cause plans for public
street improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for construction of the standard public street improvements, as required by the
City Engineer. The plans shall include the following, unless otherwise approved by the
City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles. etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing sidewalk and curb ramps.
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d. Installation of City standard boulevard treatment which consists of ten (10) foot
park strip (with sod. irrigation and City specified street trees) and a seven (7) foot
sidewalk.
e. Installation of two (2) new ADA compliant curb ramps.
f. I nstallation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer..
g. Installation of traffic control, stripes and signs.
h. Construction of conforms to existing public and private improvements, as
necessary.
i. Submit final plans in a digital format acceptable to the City.
40. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but is
not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
41.Utilities: All utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies.
42. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
43. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer
for installation and/or abandonment of all utilities. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
44. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. S. Bascom Avenue has not been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the
project.
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PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit
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45. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.). Applicant
shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas,
water, electric and all other utility work.
46.Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
47.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES Permit.
Measures may include, but are not limited to, minimization of impervious surface area,
vegetated swales, infiltration areas, and treatment devices. The primary objectives are
to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Storm water Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP Handbook")
by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:
A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Storm water Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
Upon submission of the preliminary site/grading plans, the applicant shall calculate
and submit to the City the amount of impervious surface created by the
development including the types of stormwater controls to be used. The applicant
shall submit preliminary sizing and design showing stormwater controls meet the
City's requirements.
Prior to issuance of any grading or building permits:
a. The applicant's designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP's for the project
site has been completed to meet the requirements of the City of Campbell's
NPDES permit, No. 01-119, Provision C.3.
b. The applicant shall sign the "Covenants for the Operation and Maintenance of
Stormwater Facilities" and submit a Stormwater Management Plan.
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Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management
facilities, submit a complete set of as-built drawings to Public Works
Engineering, and certify on these drawings that:
1. The stormwater management facilities were constructed in compliance
with the approved plans.
2. The as-built drawings show all pertinent constructed dimensions,
elevations, shapes and materials.
3. All variations in construction from the approved design plan have been
identified, including omissions to and additions from the approved plan.
4. Any changes are in conformance with local, state, or federal regulations
b. The applicant shall provide security for the operation and maintenance of
stormwater pollution prevention measures installed or provided as part of this
project.
The applicant shall also comply with any other or new conditions as required by the
City of Campbell's most current NPDES permit.
48. OccuDancv and Buildina Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the design engineer shall submit
as-built drawings to the City.
FIRE DEPARTMENT
49. Formal Plan Review: Review of this development proposal is limited to accessibility of
site access and water supply as they pertain to fire department operations, and shall
not be construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make
application to, and receive from, the Building Division all applicable construction
permits.
50. Required Fire Flow: The fire flow for this project is 2,500 gpm at 20 psi residual
pressure. As an automatic fire sprinkler system will be installed, the fire flow has been
reduced by 50% establishing a required adiusted fire flow of 1,500gpm at 20 psi
residual pressure. The adjusted required fire flow is available from area water mains
and fire hydrant(s) which are spaced at the required spacing.
51.Automatic Fire Sprinkler System Required: Buildings with a gross floor area in excess
of 3,600 square feet shall be equipped throughout with an automatic fire sprinkler
system, hydraulically designed per National Fire Protection Association (NFPA)
Standard #13.
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52. New Commercial Buildinas: All new commercial buildings shall comply with standard
specifications SI-7 for construction site fire safety.
53. Fire land Markinq Reauired: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to
Local Government Standards and Fire Department Standard Details and Specifications
A-6.
54. Notes on Plans: To prevent review and inspection delays, the Fire Department
conditions of approval shall be re-stated as "notes" on all pending and future plan
submittals and any referenced diagrams to be reproduced onto the future plan
submittal.
PASSED AND ADOPTED this 22nd day of April, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Ebner, Gairaud, Gibbons and Roseberry
None
Alderete, Doorley and Rocha
None
APPROVED:
Bob Roseberry, Chair: