Loading...
HomeMy WebLinkAbout2024-10-16; Planning Commission; Resolution 7525PLANNING COMMISSION RESOLUTION NO.7525 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY'S GENERAL PLAN, ZONING ORDINANCE, AND LOCAL COASTAL PROGRAM TO SPECIFY AND CLARIFY CODE REQUIREMENTS AND PERMIT REVIEW PROCEEDURES FOR NEW AND EXPANDED AIRPORT LAND USES. CASE NAME: CASE NO.: CODE AMENDMENTS FOR NEW AND EXPANDED AIRPORT LAND USES GPA2024-0001 / ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008) WHEREAS, the Federal Aviation Administration ("FAA") is an operating mode of the U.S. Department of Transportation -Title 49 of the United States Code (49 U.S.C. §106), and, among other things, regulates airports and provides guidance and standards for airport design, construction, and operations, and administers other rules within Title 14 of the Code of Federal Regulations ("14 CFR Aeronautics and Space"); and WHEREAS, the general balance between local, state, and federal authority in the context of aviation regulation is well established. The FAA has the exclusive authority to regulate aircraft safety and the efficient use of the airspace. Outside those fields, local or state agencies may enact laws, policies, rules, or regulations so as long as federal law, including FAA regulation, does not preempt those state or local laws; and WHEREAS, the FAA publishes advisory circulars to provide guidance to airport proprietors on compliance with certain requirements imposed by the FAA. Advisory Circular, AC No: 150/5070-6B -July 2005, provides guidance for the preparation of airport master plans to support the modernization or expansion of existing airports or the creation of new airports that range in size and function from small, privately owned airstrips to large hub commercial airports; and WHEREAS, the purpose of the California State Aeronautics Act (Public Utilities Code §§21001 et seq.) "is to protect the public interest in aeronautics and aeronautical progress." The California Department of Transportation, Division of Aeronautics, administers much of this statute; and WHEREAS, the Division of Aeronautics publishes a California Airport Land Use Planning Handbook, which establishes statewide guidelines for airport land use compatible planning based on the State Aeronautics Act; and WHEREAS, the State Aeronautics Act (Public Utilities Code §21670} requires each county in which an airport is located to establish a seven-member Airport Land Use Commission ("ALUC"}. The ALUC is an advisory group that works to "assist local agencies in ensuring compatible land uses in the vicinity of' airports (Public Utilities Code §21674(a). The State Aeronautics Act (Public Utilities Code §21670.3} specifies that the ALUC is responsible for the preparation, adoption, and amendment of an Airport Land Use Compatibility Plan ("ALUCP"} for each airport. An ALUCP provides for the orderly growth of an airport and the area surrounding the airport within the jurisdiction of the ALUC, excluding existing land uses; and WHEREAS, the McClellan-Palomar Airport ("Palomar Airport") is owned and operated by the County of San Diego ("County") and was annexed to the City of Carlsbad ("City") on Sept. 11, 1978. In order to comply with the requirements of the City of Carlsbad Zoning Code, the Local Area Formation Commission ("LAFCO"} required an appropriate zoning designation be placed upon the airport property and for the County to obtain a Conditional Use Permit from the City (LAFCO Annexation Case No. CA77-50}; and WHEREAS, at the time of its annexation, the future development and growth of the Palomar Airport was set forth in a master plan that was prepared in 1975, hereinafter referred to as the Palomar Airport Master Plan ("1975 PAMP"}; and WHEREAS, on Sept. 24, 1980, the Planning Commission approved a Conditional Use Permit (Planning Case No. CUP-172; Resolution No. 1699} as a condition of the Palomar Airport's annexation into the City and rezoning of the land for airport-related uses; and WHEREAS, by the mid-1990s, the County began working on an update to the 1975 PAMP, called the Palomar Airport Master Plan Update, which was approved and accepted by the San Diego County Board of Supervisors on Sept. 16, 1997 ("1997 PAM PU"); and WHEREAS, on Jan. 25, 2010, the Board of the San Diego County Regional Airport Authority, acting in its capacity as the ALUC for the County, pursuant to Public Utilities Code §21670.3, adopted an ALUCP for Palomar Airport based on the 1997 PAMPU; and WHEREAS, on March 4, 2010, the San Diego County Regional Airport Authority adopted the first amendment to the ALUCP for Palomar Airport; and WHEREAS, on Dec. 1, 2011, the San Diego County Regional Airport Authority adopted the second amendment to the ALUCP for Palomar Airport ("2011 ALUCP"), as previously adopted by the San Diego County Regional Airport Authority on Jan. 25, 2010, and previously amended on March 4, 2010; and WHEREAS, according to Public Utilities Code §21676(b), review of county or city plans and projects pertaining to airport land use compatibility is one of the fundamental responsibilities of ALU Cs. These local government actions fall into two broad groups: (1) land use related, including general plans and zoning ordinances, building regulation, or individual development projects; and (2) airport related, including plans for the construction or expansion of an airport; and WHEREAS, the FAA sets industry design standards for airports based upon the size and speed of aircraft that use a particular airport. The design standards are set forth in FAA Advisory Circular, AC No: 150/5300-BB -March 2022, which provides industry standards for airport geometries, layouts, and designs, all of which fall into design categories called Airport Reference Codes ("ARCs"). Runways are given an alpha designation (A, B, C, D, & E) based on an aircraft's approach speed and given an Airplane Design Group indicated by numeric codes (I, II, Ill, IV, V, & VI) which are based on wingspan and tail height; and WHEREAS, at the time of the Palomar Airport's annexation into the City, and as of this writing, the ARC for the Palomar Airport is a B-II classification; and WHEREAS, on Dec. 16, 2015, the County Board of Supervisors directed County staff to update the 1997 PAM PU to consider changes to the airport design, including extension of the existing airport runway; and WHEREAS, on Sept. 19, 2019, the City Council approved two resolutions, City Council Resolution No. 2019-178 and Resolution No. 2019-179. Resolution No. 2019-178 formally opposed the County's selected Airport Master Plan Update option that extended the runway by up to 800 feet. Resolution No. 2019-179 formally supported the Airport Master Plan Update option that did not include a runway extension; and WHEREAS, on Dec. 08, 2021, the County Board of Supervisors certified a Programmatic Environmental Impact Report ("2021 PEIR") and adopted the Palomar Airport Master Plan Update ("2021 PAM PU"). WHEREAS, the City Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and WHEREAS, pursuant to Carlsbad Municipal Code §21.52.020, amendments to the City's General Plan, Zoning Code, or Local Coastal Program may be initiated by a property owner, the City Planner, the Planning Commission, or the City Council; and WHEREAS, on April 23, 2024, the City Council adopted a resolution of intent (Resolution No. 2024- 086,) to authorize the processing of code amendment applications to specify and clarify the City's code requirements and permit review procedures for new or expanded airport land uses (hereinafter collectively referred to as "Project"), in accordance with the 1978 annexation agreement between the City and County, as detailed in the San Diego Superior Court's ruling in C4FA v. County of San Diego; and WHEREAS, pursuant to the authority of Government Code §§65450 -65457, Government Code §§65350 et seq., Government Code §§66410 et. seq., and Government Code §§65864 -65869.5, said verified application in its entirety constitute amendments to the General Plan Land Use and Community Design Element ("General Plan"), Title 21 of the Carlsbad Municipal Code ("Zoning Ordinance"), and Local Coastal Program (the main land use document for coastal area development and natural resource protection); and WHEREAS, amendments to the Local Coastal Program are also subject to approval by the California Coastal Commission; and WHEREAS, said verified application was submitted to, and processed by, the Planning Division of the Community Development Department as Planning Case Nos. GPA2024-0001 / ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008) in accordance with the rules and regulations of Title 21 of the Carlsbad Municipal Code, and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code §§65920 et seq.) and the California Environmental Quality Act ("CEQA") (Public Resources Code §§21000 et seq.); and WHEREAS, an original copy of the proposed amendments to the General Plan, Zoning Ordinance, and Local Coastal Program and all other related Project materials are on file in the Planning Division, with a copy of each document submitted to the Planning Commission for its consideration. The Planning Division, located at 1635 Faraday Ave., Carlsbad CA 92008, is designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act; and WHEREAS, on Aug. 16, 2024, the San Diego County Regional Airport Authority, acting as the ALUC, automatically determined that the proposed Project is consistent with the 2011 ALUCP; and WHEREAS, pursuant to CEQA (Public Resources Code §§21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), 14 California Code of Regulations §§15000 et. seq., the City is the lead agency for the Project, as the public agency with the principal responsibility for approving the proposed Project. Pursuant to CEQA, Addendum No. 2 to the Final Supplemental Environmental Impact Report, State Clearinghouse No. 2022090339 (Planning Case No. EIR 2022-0007), relative to the Project was prepared and the Planning Commission has recommended adoption of it per Planning Commission Resolution No. 7524. If the City Council adopts the addendum, no further CEQA environmental analysis would be required and all aspects of CEQA will be satisfied; and WHEREAS, a notice of public hearing was published in the "San Diego Union Tribune" on Oct. 4, 2024, and the time, place, and purpose of the public hearing was given in accordance with Government Code §§54950 et seq. ("Ralph M. Brown Act") and Carlsbad Municipal Code §§21.54.060.A and 21.54.061; and WHEREAS, a public hearing was held by the Planning Commission on Oct. 16, 2024, in the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. The public hearing allowed interested persons to appear and present their views. Evidence was presented to, and considered by, the Planning Commission at this public hearing, including, without limitation: a. Written information; b. Oral testimony from City staff, interested parties, and the public; c. The Planning Commission staff report, dated Oct. 16, 2024, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the public hearing. WHEREAS, the Planning Commission has determined that it is necessary to update ordinances and/or policy documents to improve clarity and specify code requirements for new or expanded airport land uses, pursuant to the 1978 Annexation Agreement between the City and County, as detailed in the San Diego Superior Court's ruling in C4FA v. County of San Diego; and WHEREAS, the San Diego Superior Court's ruling in C4FA v. County of San Diego held that the County waived its immunities. The County obtained CUP-172 as a condition of the City's annexation of the Palomar Airport as a General Aviation Airport and rezoning of the land for airport-related uses; and WHEREAS, the Record of Proceedings upon which the Planning Commission bases its decision includes, but is not limited to: (1) Project-related environmental documents, and any appendices and technical reports cited in and/or relied upon in preparing the environmental documents; (2) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to Addendum No. 2 to the SEIR and the Project itself; (3) Planning Commission Resolution No. 1699 (CUP-172) and its exhibits and attachments; (4) the 1975 PAMP, 1997 PAMPU, and 2021 PAMPU and its appendices and supplementary materials as adopted by the County; (5) the 2011 ALUCP; (6) the evidence, facts, findings and other determinations set forth in herein; (7) the General Plan and the Carlsbad Municipal Code; (8) all designs, plans, studies, data and correspondence submitted to the City in connection with the Project itself; (9) all documentary and oral evidence received at public workshops, meetings, or hearings or submitted to the City during the comment period and/or elsewhere during the course of the review of the Project itself; (10) all other matters of common knowledge to the City, including, but not limited to, city, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the city and its surrounding areas; and WHEREAS, the City staff from the Planning Division and Office of the City Attorney have jointly drafted this resolution based on the information provided in the administrative record, with the understanding that this information is complete, true, and accurate. follows: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, California, as 1. Record and Basis for Action. The Planning Commission has considered the full record before it, which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to be complete, true, accurate, and material to this resolution; and are incorporated herein by reference. 2. The Planning Commission finds that the amendments to the General Plan, Zoning Ordinance, and Local Coastal Program, which are attached hereto as Attachments A and B, are consistent with the General Plan, Carlsbad Municipal Code ("CMC"), and Local Coastal Program, all as amended hereinafter, in that the goals, objectives, and policies of said planning documents have been or will be met. A complete analysis of consistency is provided in Exhibit 5 of the Oct. 16, 2024 Planning Commission staff report. The Planning Commission accepts and makes these findings as its own, are hereby incorporated herein by reference (with the same force and effect as though fully set forth herein). There is substantial evidence in the record to support such an implied set of findings. The Planning Commission further finds that the Project is consistent with City Council Resolution Nos. 7530, 2019-178, and 2019-179. 3. The Planning Commission finds that the Project is consistent with laws, policies, rules, regulations, and the purposes of the 2011 ALUCP. A. Until such time that the 2011 ALUCP is updated to account for the 2021 PAMPU, the 2011 ALUCP will continue to be utilized as a plan of record for new land development projects near the Palomar Airport. As set forth above, any land development permits proposed will comply with the noise criteria and safety standards established in the 2011 ALUCP. Deference to the provisions of the 2011 ALUCP ensures strict adherence to land use measures that protect the public and minimize their exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. Requiring compliance with the provisions of the 2011 ALUCP as a specific finding eliminates the risk of conflicting provisions between ordinances and/or policy documents, and future updates to the ALUCP because the most current adopted version of the ALUCP is the basis for the proposed findings. Because the 2011 ALUCP was adopted by the San Diego County Regional Airport Authority to fulfill the purpose set forth in Public Utilities Code §21670(a)(2), required compliance with the 2011 ALU PC by its very nature is consistent with that purpose. 4. Government Code §65103 provides that the Planning Commission, acting as a planning agency, is charged with administration of the City's General Plan and with making recommendations on amendments to the plan. The Planning Commission further finds that City Council's adoption of the Project would be in the public interest and are necessary for the public health, safety and welfare of the City. 5. In accordance with State law, each General Plan Element may not be amended more than four times in a calendar year {Government Code §65358) and a Local Coastal Program may not been amended more than three times per year (Public Resources Code §30514). One amendment to the Land Use and Community Design Element Land Use Element and one amendment to the Public Safety Element have been approved thus far in the 2024 calendar year (to support the Housing Element Rezone's implementation). Both of these amendments constitute concurrent amendments to the city's Local Coastal Program; and 6. Notices of public review and for the Oct. 16, 2024 Planning Commission meeting were made at the time and in the manner required by law. 7. Pursuant to the above findings, the Planning Commission therefore RECOMMENDS APPROVAL of the amendments to the General Plan, Zoning Ordinance, and Local Coastal Program as shown in Attachments A and B. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Oct. 16, 2024, by the following vote, to wit: AVES: Kamenjarin, Danna, Hubinger, Lafferty, Meenes, Stine NAVES: Merz ABSENT: None. ABSTAIN: None. ATTEST: MIKE STRONG, Assistant Director, Community Development Attachment A GPA2024-0001/ZCA2024-0003/LCPA2024-0021 (PUB2024-0008) City of Carlsbad Proposed General Plan Amendments SECTION 1. GENERAL PLAN AMENDMENTS Amend the policy 2-P.39 of the Land Use Element portion of the General Plan to read as specified below. 2-P.39 New and Expanded Airport Land Uses. a. The current Airport Reference Code for McClellan-Palomar Airport, defined in the FAA’s Airport Design Advisory Circular, is a B-II design classification. The city supports a B-II Enhanced Alternative McClellan-Palomar design classification, as set forth in the Airport Master Plan, so long as that classification does not require a runway extension. The city opposes any changes to the McClellan-Palomar Airport Master Plan that would increase the wingspan or approach speed design for the airfield (for example, a reclassification as D-III Modified Standards Compliance as described in the Airport Master Plan), or that would otherwise accommodate larger aircraft than currently in use at the airport. b. Require new or expanded airport uses to obtain a conditional use permit or a conditional use permit amendment, subject to City Council approval. Permit airport development only within the current boundary of McClellan-Palomar Airport (as shown in Figure 2-1). c. Prohibit approval of any zone change, general plan amendment or other legislative action that authorizes expansion of McClellan-Palomar Airport, except in compliance with Title 21 of the Carlsbad Municipal Code and California Public Utilities Code Section 21661.6. d. The State Public Utilities Code definitions of “airport” and “airport expansion” shall apply to the terms contained in this element. Attachment B ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE CARLSBAD MUNICIPAL CODE TO SPECIFY AND CLARIFY CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW AND EXPANDED AIRPORT LAND USES. CASE NAME: CODE AMENDMENTS FOR NEW AND EXPANDED AIRPORT LAND USES CASE NOS.: ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008) WHEREAS, on Oct. 16, 2024, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008); and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7526 recommending to the City Council that GPA2024-0001 / ZCA2024-0003 / LCPA2024-0021 (PUB2024- 0008) be approved; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA2024- 0021 from May 21, 2024, to July 8, 2024. Comments were received and included with the administrative record for the Project, and forwarded to the Planning Commission and City Council; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008); and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008). NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That the findings of the Planning Commission in Planning Commission Resolution No. 7526 shall also constitute the findings of the City Council. 3.That the creation or establishment of airport hazards is a public nuisance. 4.That, in the interest of the public health, public safety and general welfare, creation or establishment of airport hazards affecting the operation of the airports should be reduced or eliminated. 5.That airport hazards can be reduced or eliminated by establishing boundaries for new or expanded airports. 6.The purpose of this ordinance is not to interfere with the Federal Aviation Administration (“FAA”) requirements (to the extent that such requirements preempt action by the city), but to operate in conjunction with those policies, laws, rules, and regulations to reduce or eliminate adverse airport impacts, public nuisances and to promote public health, safety, and welfare. Nothing herein shall be construed to: (1) affect in any manner any of the exclusive jurisdiction of the FAA, (2) violate safety regulations set by the FAA, or (3) to limit any proprietary right to provide General Aviation Airport aeronautical services. 7.That Chapter 21.04 of the Carlsbad Municipal Code is amended with the additions of Sections 21.04.024 and 21.04.140.1, to read as follows: 21.04.024 Airport “Airport” has the same meaning set forth and defined by Public Utilities Code Section 21013. 21.04.140.1 Expansion. “Expansion” means to enlarge or increase the size of an existing structure or land use including the physical size of the property, building, parking and other improvements. In the context of airports, “airport expansion” has the same meaning set forth and defined by Public Utilities Code Section 21664.5. The acquisition of any real property interest which FAA requires to be depicted on the airport layout plan is included in this definition. 8.That Chapter 21.07 of the Carlsbad Municipal Code is amended to delete “airports” from Section 21.07.020 Table A, as follows: Section 21.07.020 Table A Use P CUP Acc Airports 3 9.That Chapter 21.29 of the Carlsbad Municipal Code is amended to delete “airports” from Section 21.29.030 Table A, as follows: I I -I I Section 21.29.030 Table A Use P CUP Acc Airports 3 10.That Chapter 21.30 of the Carlsbad Municipal Code is amended to delete “airports” from Section 21.30.010 Table A, as follows: Section 21.30.010 Table A Use P CUP Acc Airports 3 11.That Chapter 21.32 of the Carlsbad Municipal Code is amended to add a footnote to “airports” in Section 21.32.010 Table A, to read as follows: Section 21.32.010 Table A Use P CUP Acc Airports (see note 3 below) 3 3. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. 12.That Chapter 21.34 of the Carlsbad Municipal Code is amended to delete “air courier services” and “airlines offices, general offices;” and to add a footnote to “airports” in Section 21.34.020 Table A, to read as follows: Section 21.34.020 Table A Use P CUP Acc Air courier services (see note 1 below) X Airlines offices, general offices (see note 1 below) X Airports (see note 6 below) 3 I I -I I I I -I I I I I I 6. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. 13.That Chapter 21.54 of the Carlsbad Municipal Code is amended to update subsection C and with the addition of subsections D and E, to read as follows: 21.54.125 Amendments to development permits. A.For purposes of this section, “development permit” means any permit, entitlement or approval required pursuant to Title 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. B.Any approved development permit may be amended by following the same procedure required for the approval of said development permit (except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee schedule adopted by the city council. C.If an approved development permit was issued pursuant to the provisions of Section 21.54.040 of this title, any amendment to said permit shall be acted on by the decision- making authority that approved the original permit, except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment. D.Notwithstanding subsections B and C, the City Council shall retain the decision-making authority for amendments to development permits for new or expanded airport uses. E.Amendments to approved development permits are reviewed under the city ordinances, policies, or standards in effect at the time of the amended permit application is filed and deemed complete or determined to be complete. In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions. 14.If any title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional for any reason by a court, that decision does not affect the validity or constitutionality of the remainder of this ordinance or the reminder of the city’s code. The City Council declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: 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. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA2024-0021, whichever occurs later; 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 ______ day of __________, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL)