HomeMy WebLinkAbout1996-02-21; Planning Commission; Resolution 39020 *
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PLANNING COMMISSION RESOLUTION NO. 3902
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE
CREATION OF CHAPTER 21.83, CREATING A SPECIFIC
PLAN S ZONING DESIGNATION AND DETAILING THE
REQUIREMENTS FOR PROCESSING A SPECIFIC PLAN.
CASE NAME: CITY OF CARLSBAD
CASE NO: ZCA 95-05
WHEREAS, the City of Carlsbad has filed a verified application
amendment to the Zoning Ordinance as shown on Exhibit "Yff, dated February 21,195
WHEREAS, the Planning Commission did on the 21st day of FebruarJ
hold a duly noticed public hearing as prescribed by law to consider said request; and
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 the Zone Code Amendment ZCA 95-05; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corm
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Corm
RECOMMENDS APPROVAL of Zone Code Amendment, ZCA
according to Exhibit IlY'l, dated February 21, 1996, attached hereto anc
a part hereof, based on the following findings and subject to the fol
conditions.
Findings:
1. The Planning Commission finds that the proposed Zone Code Amendn
consistent with the applicable goals and objectives of the General Plan in
provides a mechanism whereby specific plans that more precisely impleme
General Plan can be legally created and amended as needed.
Conditions:
1. The Planning Commission does hereby recommend approval of the Zone
Amendment (Exhibit "Y", dated February 17,1996, attached hereto) for the cr
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of a Specific Plan zoning designation entitled "City of Carlsbad, on fik
Planning Department and incorporated by this reference, subject to the condition
set forth. Staff is authorized and directed to make all corrections and modifica
the Zone Code Amendment documents, as necessary to make them internally cc
and confom to City Council's final action on the Project. Development sha,
substantially as shown on the approved exhibits. Any proposed development subst
different from this approval, shall require an amendment to this approval.
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2. Approval of ZCA 95-05 is granted subject to the approval of SP 209, GPA 95-03!
95-05, ZCA 96-01 and ZC 95-05. ZCA 95-05 is subject to all conditions conti
Planning Commission Resolution No's. 3898,3899, 3900, 3901 and 3903.
3. Approval of ZCA 95-05 is not effective until it is approved by the California 1
Commission. If the Coastal Commission approval is substantially differ
amendment to the City-issued Zone Code Amendment (ZCA 95-05) SI
required.
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4. If any of the foregoing conditions fail to occur; or if they are, by their terms
implemented and maintained over time; if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the :
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or Mer condition all certificates of occ
issued under the authority of approvals herein granted; institute and prosecute lit
to compel their compliance with said conditions or seek damages for their violatic
vested rights are gained by Developer or a successor in interest by the City's appr
this Resolution.
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PC RES0 NO. 3902 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 21st day of February, 1994
following vote, to wit:
AYES: Chairperson Compas, Commissioners Noble, Savary and TJ
NOES: Commissioner Erwin I ABSENT: Commissioners Monroy and Nielsen
ABSTAIN: None
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WILLIAM COMPAS, Chafqerson
CARLSBAD PLANNING COMMISSION
ATTEST:
.~ .~ !'r B c &: , $:?p, 1 k&, . . j. y -;,; ? 8 "" c; V&&>&+&,&. ; "72i .:, && L"< __ 'i %d I MICHAEL J. H~LZM~LER
Planning Director
PC RES0 NO. 3902 -3-
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0 0 Exhibit \I February 21, 199t
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLES 2
AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 2.24.070(b), 21.05.030 AND
THE ADDITION OF CHAPTER 21.83, CREATING A
SPECIFIC PLAN S ZONE AND ZONING DESIGNATION
AND ESTABLISHING THE PROCEDURE FOR THE
ADOPTION AND AMENDMENT OF A SPECIFIC PLAN.
CASE NAME: CITY OF CARLSBAD
CASE NO: ZCA 95-05
WHEREAS, it is desirable that the City adopt a procedl
processing specific plans and their amendments to clarify and carry out the provi:
Government Code Sections 65450 et seq., regarding adoption and amendment of
plans, including the creation of a Specific Plan Zone to be reflected on the zoning
NOW, THEREFORE, the City Council of the City of Ca
California does ordain as follows:
SECTION I: That Title 2 of the Carlsbad Municipal Code is an
by the amendment of subsection (b) of Section 2.24.070 to read as follows:
"(b) Except when otherwise provided by law, a majority vote
quorum shall be required for any Planning Commission action, provided th
recommendations of approval of General Plan amendments, or adoption or amendn
specific plans, shall be made by at least four affirmative votes."
SECTION 11: That Title 21 of the Carlsbad Municipal C
amended by the amendment of section 21.05.030 to read as follows:
"The location and boundaries of the various zones are such as
and delineated on the zoning map of the city, which map is on file in the Office of tl
Clerk and made a part of this title, except for those areas designated by S (Specific
or P-C (Planned Community) in which case the location and boundaries of such ZOI
shown and delineated on the applicable specific plan or master plan, which plans are
in the Office .of the City Clerk and the Planning Department. The zoning map shall c
the symbol S or P-C, as appropriate, accompanied by the number of the applicable s
plan or master plan, as the case may be."
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SECTION 111: That Title 21 of the Carlsbad Municipal ( 1
2 amended by the addition of Chapter 21.83 to read as follows:
3 "Chapter 21.83
4 S - SPECIFIC PLAN ZONE
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Sections:
21.83.010
21.83.020
21.83.030
21.83.040
21.83.050
21.83.060
21.83.070
21.83.100
21.83.110
21.83.120
21.83.130
21.83.140
Intent and purposes.
Permitted uses and structures.
General provisions.
Prefiling procedure.
Application.
Contents of specific plan.
Exception to specific plan.
Planning commission duties.
City council action.
Amendment of specific plan.
Implementation of specific plan.
Pre-existing specific plans.
21.83.010 Intent and purpose.
The intent and purpose of the S, specific plan zone, is to:
A. Provide a method for and to encourage the orderly implementation
general plan by the comprehensive planning and development of large tracts of land
the entire tract will be developed in accord with an adopted specific plan to pro\
environment of stable and desirable character;
B. Provide a flexible, regulatory procedure to encourage creative and imag
planning of coordinated communities involving a mixture of residential densities and h
types, open space, community facilities, both public and private and, where appro
commercial and industrial areas;
C. Allow for the coordination of planning efforts between developer and
provide for the orderly development of all necessary public facilities to ensurc
availability concurrent with need;
D. Provide a framework for the phased development of an approved specif
area to provide some assurance to the developer that later development will be acce
to the city; provided such plans are in accordance with the approved specific plan.
E. Provide a document that can sensitively and effectively guide developn
areas that are special or unique due to such characteristics as topography, environ~
constraints, previous or surrounding land uses.
F. Establish uniform procedures for the adoption of and implemental
specific plans for the coordination of future development within the City, pursu
Government Code Section 65450 et seq.
G. Take advantage of the project processing streamlining opportunities prc
by the CEQA exemptions for subsequent projects consistent with an approved specifj
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as set forth in Government Code Section 65457 and Public Resources Code Section :
21.83.020 Permitted uses and structures.
In the S, specific plan zone, the permitted uses and structures shall be establi;
a specific plan of development approved in accordance with this chapter which may
any use found to be necessary and desirable for a community planned in accordan
the purposes of this chapter; provided that such permitted uses and structures s
consistent with the general plan.
21.83.030 General provisions.
A. The S zone may be established on one or more parcels of land wh
suitable for and of sufficient size to be planned and developed in a manner consiste
the purposes and objectives of this chapter.
B. A specific plan shall be subject to all other applicable provisions of T
Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation oca
regulations specified in this chapter or the approved specific plan shall control.
21.83.040 Prefiling procedure.
A. Prior to filing an application for a specific plan, an applicant may pre:
proposal with the planning director for review. The director may contact intc
departments and agency personnel and arrange any necessary meetings with the apl
This procedure may involve a review of the general outline of the proposal. After :
the planning director may furnish the applicant with written comments regarding the
conferences including recommendations as appropriate to inform and assist the ap
prior to his formal application for specific plan approval. At the minimum, a pre-appl
conference with community development division representatives is required prior
filing of the formal specific plan application.
B. Prior to the preparation of a specific plan or environmental impact re
required, the applicant shall hold a public scoping meeting to identify potential com
impacts and concerns about the project. Public notice of the scoping meeting is re4
Noticing procedures shall be defined by City staff at the pre-application conferencr.
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21.83.050 Application.
An application for approval of a specific plan shall be made to the city (
through the planning department and planning commission in accordance with proc
set forth below:
A. An application for a specific plan may be made by the city or the record
or owners, or their duly authorized agents, of the subject property. It shall be filed w.
planning director and must contain the signatures of the record owner or owners
subject property. The city council by motion may initiate an application for a specific €3. The planning director shall prescribe the form and content fox
application.
C. A fee in an amount established by city council resolution shall be paid
D. The application shall be accompanied with a preliminary specific plan g.
and text, open area plan, and shall include all components listed in section 21.83.06
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21.83.060 Contents of specific plan.
accordance with and contain the following:
A specific plan for the development of a planned area shall be prep
A. Graphic plans of the proposed development that include the followil
1. A map and legal description of the property with a north poi
not less than one inch equals two hundred feet, showing the date of preparation ,
name and address of the plan’s preparer, be it company or person.
2. A regional location map and vicinity map.
3. Location of the various land uses shall be indicated by the use
designations of development zones and overlay zones as provided in this title. Devel
of property within the area of each such zone shall be subject to the regulation:
indicated zone unless specifically modified as a part of the specific plan approval.
4. An integrated open space program that is at least fifteen percen
total specific planned area is required, except that the city council may reduce this ;
if the proposed open space is found to be adequate and is integrated with a prop(
amount of off-site open space. This open space program shall address four SI
categories of open space including:
a. Open space for the preservation of natural resources;
b. Open space for the managed production of resources;
c. Open space for outdoor recreation; and
d. Open space for public health and safety.
Land uses considered as open space for purposes of this chapter are properties tl
publicly or commonly owned for the benefit and use of the public or residents
community such as parks, recreation facilities, greenbelts that are at least twenty-fee
natural areas that are at least ten thousand square feet in area, bikeways and ped
paths. These areas are to be indicated in the specific plan and not used for an!
purpose.
5. The location of public and quasi-public facilities such as schoo
stations, transmission lines shall be indicated.
6. The locations of major circulation systems and collector stree
their relationship to the circulation element shall be indicated. Bikeways, pedestrian
interconnecting open space areas and other special access means shall also be shov
7. Facilities for water supply and sewerage disposal, including sew
water trunk lines, solid waste disposal and recycling facilities, energy, fire station sites
drainage and flood control structures, and any other public facility needed to PI
service the proposed community shall be indicated.
8. Phasing of development shall be indicated. Adequate public fat
open space, recreation areas and street systems shall be provided for each phase.
9. A constraints map showing all constraints on the property, includj
not limited to, topographical contours at no less than twenty-five foot intervals; existin
and other natural features; permanent bodies of water and intermittent drainage c(
biological habitats, such as riparian, woodlands and coastal sage scrub; floodplains, we
and beaches; and archeological sites.
10. Proposed development shall be consistent with the topography, a
provisions of the Hillside Development Regulations, Chapter 21.95 of this title, if applj
to reduce the amount of grading. A graphic shall indicate where significant grac
anticipated and for what reasons it is necessary.
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B. A text shall accompany the graphic plans and shall include in the (
1. An introduction which details the intent and purpose of the
listed below:
plan, the relationship of the plan’s policies to its regulations and how the polic
regulations implement the plan7s purpose, the specific plan’s relationship to tht
general plan (and the general plan of neighboring jurisdictions) if applicable.
2. A description of each type of land use by acre and area indica1
number and type of anticipated dwelling units in each of the residential areas, anti
uses in the commercial, industrial zones and the land area for parks, schools, commc
area and other public facilities and community services, The description of housing
include a discussion of how the specific plan will provide affordable housing in confo
with Chapter 21.85 of this code. For each of the open space categories identified in,
21.83.060(1)(C), the specific plan text shall also include a description of the rt
type/environmental constraint being preserved or avoided or the types of recre
facilities proposed within recreational open space areas, and a program for preserving
maintaining the open space areas and standards for the conservation, developme
utilization of natural resources, where applicable,
3. Land use and public facility economic impact report that cont:
following:
a. Justification for the proportions of the various land use:
on the projected population and acceptable marketing or planning techniques,
b. Projected fiscal impacts the development will have on the
of the city and other governmental or quasi-public agencies to provide necessary st
This report shall include the approximate cost of dwelling units, anticipated land an
taxes to the city and costs of necessary public services. The report shall be preparec
economic consultant independent of the applicant but at the applicant’s expense,
4. Specific development provisions to be applied such as plannt
development permit, conditional use permit, or site development plan shall be ind
Development of property within areas so indicated shall be in accord with the terms
permit and the provision of this title applicable to such permits.
5. Special development regulations, including any modifications c
designation regulations such as site design standards, architectural themes and star
landscape guidelines and signage,
6. A program of implementation measures including regul
programs, public works projects, and financing measures necessary to carry o
requirements of the specific plan. This program should anticipate and accommodb
needs for parks, schools and other public facilities based on the anticipated populai
the community and the timing of its development consistent with the underlying
Facilities Management Plan and include the following:
a. A description of the subsequent approvals or pennit nec
to implement the plan, including local permits and any approvals or permits from
local, state or federal agencies,
b. A capital improvements program that estimates the cost
necessary public works projects, details the financing measures for those projec,
identifies the persons or agencies responsible for financing and constructing each
work improvement,
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c. Phasing schedule indicating the timing for each sectior
development, what public facilities, capital improvements, low income housing, oper
recreation facilities or amenities, will be provided with each phase,
7. Methods to be employed for the maintenance of commonly held
lands such as open space, recreation areas, street and parking areas. Possible m
depending on the circumstances, include maintenance by developer, home(
association, maintenance district, or city,
8. Special requirements as requested by the applicant or required
City which may include, but are not limited to, any of the matters which may be re]
by the specific plan pursuant to Section 65451 of the Government Code;
C. A landscape open area plan that includes all open spaces as required
chapter and all other such areas proposed for the development. This plan shall in
graphic indicating areas to be landscaped, left natural, or used as recreation, 1
pedestrian ways and open space. In addition, the plan shall include the proposed ow1
and indicate who will have the responsibility for the maintenance of the various Q
open areas;
D. A community identification sign program that, in addition to signs otk
permitted in the specific plan area, will show community entrance signs, directional sit
temporary informational signs. The program may include the following:
1. Graphic representation of design motif,
2. Location of permanent community entrance, directiona
informational signs,
3. Type, number and dimensions of temporary information;
directional signs that will be used during development only,
4. Special sign program for the commercial and industrial portion
community including standards for development based on sign area footage per line;
face of building and sign height maximums.
5. A community identification sign program may be provided in ac
to those signs permitted in Chapter 21.41, but in no case may the sign program excet
allowed for community identity signs in Chapter 21.41. If no community identificatic:
program is desired, the specific plan text shall so indicate;
E. Park land dedications may be required as a condition of all specific pla
required park lands shall be dedicated prior to the adoption of the first final map wit1
specific plan area. Prior to dedicating park land(s) to the city, the specific plan apI
shall be required to submit the following information to the city:
1. The specific plan shall identify the location and acreage of thl
site(s) on the land use map and shall also include a discussion of the park(s) in the s
plan text. Prior to final adoption of the specific plan, the applicant shall enter
recordable agreement with the city, and agreeable to the city, which generally depil
location of the park site(s) on a map and also contains provisions whereby the dev
agrees to dedicate the described park area(s) when required under this section,
2. The specific plan shall include the location of the park(s), biologic
soils analysis of the site(s), a cultural resources inventory, any other environmental r
as may be required by the Planning Director, and a conceptual development plan
park(s) to the satisfaction of the Community Services Director,
3. The applicant shall also provide, in writing, a statement as to w:
or not the park site(s) has ever been used for the disposal or storage of toxic 7
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// pursuant to Section 25300 et seq. of the Health and Safety Code. 1
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21.83.070 Exception to specific plan.
Areas within a specific plan may be reserved for future planning, provided suc
do not exceed twenty-five acres. Such reserved areas shall be so indicated and will
amendment to the specific plan to include all required contents prior to developmc
21.83.100 Planning commission duties.
The planning commission shall conduct a noticed public hearing in accordan
Government Code Section 65343 and Chapters 21.52 and 21.54 to consider the app:
for a specific plan and shall prepare written recommendations and findings for 1
council including all matters set out in Section 21.83.110. Any recommendation for a]
or amendment of a specific plan shall be made by at least four affirmative votes. The
of the commission shall be filed with the city clerk, and a copy shall be mailed
applicant.
21.83.110 City council action.
A. When the planning commission action is filed with the city clerk, th,
shall set the matter for public hearing before the city council, to be noticed and 1
accordance with the provisions of Government Code Section 65355 and Chapters 21.
21.54.
B. The city council shall hear the matter, and after considering the findir
recommendations of the planning commission, may by ordinance, or by resolution, a
a specific plan if, from the evidence presented at the hearing, the council finds tha
the following facts exist:
1. The proposed development as described by the specific r
consistent with the provisions of the general plan.
2. The proposed plan would not be detrimental to the public ir
health, safety, convenience, or welfare of the City.
3. All necessary public facilities can be provided concurrent with ne
adequate provisions have been provided to implement those portions of the
improvement program applicable to the subject property.
4. The residential and open space portions of the communi
constitute an environment of sustained desirability and stability, and that it will
harmony with or provide compatible variety to the character of the surrounding are
that the sites proposed for public facilities are adequate to serve the anticipated popu
5. The proposed commercial and industrial uses will be appropr
area, location and overall design to the purpose intended. The design and develo
standards are such as to create an environment of sustained desirability and stability
development will meet performance standards established by this title.
6. In the case of institutional, recreational, and other I
nonresidential uses, such development will be proposed, and surrounding areas are prc
from any adverse effects from such development.
7. The streets and thoroughfares proposed are suitable and adeqL
carry the anticipated traffic thereon.
8. Any proposed commercial development can be justified econor
at the location proposed and will provide adequate commercial facilities of the types n
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at such location proposed.
9. The area surrounding the specific plan area is or can be planr
zoned in coordination and substantial compatibility with the specific plan area.
10. The proposed plan will contribute to the balance of land use
local residents may work and shop in the community in which they live.
C. The city council shall make no substantive modification of a proposed
plan as recommended by the planning commission unless and until such modificat
been referred to the planning commission for additional study, report and recommen
Such additional study, report and recommendation shall be made by the pl
commission within forty-five days of the date of the referral, unless and except as 1
council may grant the planning commission additional time for its review of the 1
Failure of the planning commission to act within the time limit constitutes their concl
with the city council actions.
21.83.120 Amendment of specific plan.
A. The amendment of a specific plan may be initiated by the city, p:
owner(s) or authorized agent(s) as follows:
1. A request for an amendment shall be submitted to the planning C
in written form and shall be accompanied by a complete application containin
additional graphics, statements, or other information as may be required to suppc
proposed amendment.
2. A fee in an amount established by city council resolution shall 1:
when a specific plan amendment application is filed.
3. An application for a modification of a specific plan shall be proc
heard, and determined in accordance with the terms of this chapter applicable
adoption of a specific plan.
B. The city council may by motion initiate an amendment to a specific plal
amendments shall be processed, heard and determined in accordance with the terms
chapter applicable to the adoption of a specific plan.
C. If the specific plan is adopted by ordinance, rather than resolutiol
establishes the zoning for the subject site then the specific plan can only be amen(
ordinance.
D. The specific plan process is part of the ongoing city planning effor
anticipated that amendments to the specific plan may be necessary prior to comple
the specific plan community. Approval and construction of a sectional part of a specif
area shall not vest rights in the remainder of the plan. The plan is intended ratht
planning framework to ensure that the parts of the plan as constituted are PI
integrated into the city’s planning process.
21.83.130 Implementation of specific plan.
A. To ensure that the provisions and requirements of the approved specif]
are fulfilled, the following procedures shall be used: 1. Upon final approval of a specific plan, the planning director sha
the specific plan designation number on the official zone map.
2. No public works project, tentative map or parcel map, or other la
entitlement may be approved, adopted or amended within an area covered by a specif
unless found consistent with the adopted specific plan. Subdivision of land in the s
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plan area shall meet all requirements of Titles 20 and 21 of this code as well
approved specific plan.
3. Development of property within a specific plan area pursua
special process such as site development plan, planned unit development pe
conditional use permit shall meet all requirements of the permit, the approved speci:
and the provisions of this title applicable to such permit, except as otherwise provide
specific plan. 4. Business licenses, home occupations and ministerial permits
building permits shall meet all requirements of this code and the approved specific
21.83.140 Pre-existing specific plans.
Property with an approved specific plan (adopted pursuant to Governmer
Sections 65450 et seq.), in effect prior to the effective date of this chapter, can be del
in accord with such specific plan without further processing as required in this cha]
such a pre-existing specific plan is proposed for amendment, the provisions of
21.83.120 shall apply and that specific plan shall be brought into conformance P
requirements of this chapter."
SECTION 111: That the findings and conditions of the P:
Commission in Planning Commission Resolution No. 3902 shall also constitute the f
and conditions of the City Council.
EFFECTIVE DATE This ordinance shall be effective thirty da
its adoption, and the City Clerk shall certify to the adoption of this ordinance and (
to be published at least once in a newspaper of general circulation in the City of C
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council held on the - day of , 19-, and thereafter
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a e
PASSED AND ADOPTED at a regular meeting of said City (
held on the __ day of , 19-, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
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ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
(SEAL) 19
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