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HomeMy WebLinkAbout2021-01-20; Planning Commission; Resolution 7396I PLANNING COMMISSION RESOLUTION NO. 7396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO MODIFY THE LAND USE ON A 12.53-ACRE SITE FROM PLANNED INDUSTRIAL {Pl) LAND USE DESIGNATION AND PLANNED INDUSTRIAL (P-M) ZONING TO RESIDENTIAL (R-30) LAND USE DESIGNATION AND RESIDENTIAL DENSITY-MULTIPLE (RD-M) ZONING, AND RECONFIGURE THE OPEN SPACE {OS) LAND USE DESIGNATION AND (OS) ZONING BOUNDARIES ON THE SITE TO ACCOMMODATE REQUIRED EMERGENCY ACCESS AND PRESERVE ON-SITE HABITAT AND HABITAT BUFFER AREAS FOR THE CONSTRUCTION OF 192 MULTIFAMILY RESIDENTIAL UNITS LOCATED SOUTHWEST OF THE INTERSECTION OF PALOMAR AIRPORT ROAD AND PALOMAR OAKS WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: WEST OAKS CASE NO: GPA 16-04/ZC 16-03/LCPA 16-04 (DEV13018) WHEREAS, The Carlsbad West Oaks Project Owner, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 1 through 7 of Carlsbad Tract No. 82-04 Palomar Oaks. In the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11358, filed in the Office of the County Recorder of San Diego County, October 23, 1985. In addition, that portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on Record of Survey Map No. 5715, filed in the Office of the county of Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s) "GPA 16-04", "ZC 16-03", and "LCPA 16-04" dated October 1, 2020, attached hereto and on file in the Carlsbad Planning Division, GPA 16-04/ZC 16-03/LCPA 16-04/-WEST OAKS, as provided in Government Code Section 65350 et. seq., Chapter 21.52 of the Carlsbad Municipal Code, and Public Resources Code Sections 30514 and 13551 of California Code of Regulations Title 14, Division 5.5, respectively; and WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set forth in the draft City Council Ordinance, EXHIBIT "X" dated January 20, 2021, and attached hereto as ZC 16-03/LCPA 16-04-WEST OAKS; and WHEREAS, the Planning Commission did, on January 20, 2021, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment, Zone Change, and Local Coastal Program Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of GPA 16-04/ZC 16-03/LCPA 16-04 -WEST OAKS, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and Addendum for GPA 16-04/ZC 16- 03/LCPA 16-04/ SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and PC RESO NO. 7396 -2- d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. General Plan Amendment, GPA 16-04 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated January 20, 2021, including, but not limited to the following: A. The project is consistent with the Land Use and Community Design Element in that the proposed project consists of a request for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (Pl) to Residential (R-30), the Open Space (OS) land use designation and (OS) zoning boundaries on the site, and a Local Coastal Program Amendment to reflect the General Plan Land Use to allow for a subdivision with two residential lots and two open space lots on a 12.53-acre site. The proposed 192-unit project is consistent with the proposed R-30 General Plan land use designation in that the project's density of 24.5 du/ac is within the range of 23-30 du/ac and at the Growth Management Control Point of 25 du/ac (24.5 rounds up to 25 du/ac) for the R-30 designation. The project is compatible with adjacent land uses which include a mix of open space, industrial, commercial, and residential. The project is bounded by Palomar Airport Road to the northeast, undeveloped land to the south and southwest with residential development approximately 425 feet further to the south, open space and a commercial complex to the west, and the adjacent Palomar Oaks office development to the east. Minimal impacts are anticipated to these adjacent uses. The project site is adjacent to a major street, Palomar Airport Road; is adjacent to east -and west-bound bus stops for two NCTD bus routes; and provides workforce housing that supports nearby employment centers. The residential buildings are located on the site to ensure that the project minimizes impacts on the habitat with limited impact on adjacent development. The northeastern portion of the project site is located within Safety Zone 3 -Inner Turning Zone, while the remainder of the project site is located within Safety Zone 6 - Traffic Pattern Zone of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). Within Safety Zone 6, new residential development is considered compatible, and there is no limit on an acceptable density. In Safety Zone 3, new residential development is limited to no more than 16 DU/AC or 130 people. Approximately 1.72 acres of the western portion of the site overlaps with Zone 3 and one building, Building D, is in this area. As such, Zone 3 would include approximately seven DU/AC. According to the ALUCP, new residential development at a density of more than four DU/AC but no more than 13 DU/ AC is conditionally compatible. On October 1, 2020, the ALUC determined that the proposed project is consistent with the McClellan-Palomar ALUCP. The project is located within the Airport Overflight Notification Area and therefore, the project has been conditioned to record a notice informing future residents that the property is subject to overflight, sight and sound of aircraft operating from the airport. PC RESO NO. 7396 -3- B. The project is consistent with the Open Space and Conservation Element in that the project is consistent with the habitat preservation and restoration requirements of the Habitat · Management Plan and the recommendations of the Biological Resources Technical Report for the project (Dudek, August 2019). Furthermore, the project implements and is consistent with measures identified in the Climate Action Plan (CAP) through the provision of renewable energy generation (photovoltaic systems), energy conservation (Green Building Code), and by accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and features. The project will also be subject to CAP ordinances that are in effect at the time building permits are issued. C. The project is consistent with the Noise Element in that the project will not result in exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan or Noise Guidelines Manual. A Noise Technical Report (Dudek, April 2020) was prepared for the project in accordance with the Noise Guidelines Manual and found that the site is acceptable for the residential development, after reviewing both traffic and airport noise levels for the site. The report concludes that certain special design considerations, included as Mitigation Measures NOl-1 and NOl- 2 in the Mitigated Negative Declaration attached to Planning Commission Resolution No. 7395, will assure the future residential living space noise levels are acceptable. D. The project is consistent with the Public Safety Element in that the proposed project will provide fire hydrants and supporting water infrastructure in accordance with fire marshal requirements. Dwelling units proposed by the project would be within the 5- minute response time as required by the Growth Management Plan. The project is required to comply with all Building and Fire codes to ensure that fire protection standards are met by the proposed structures. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. Lastly, the project is required to construct or pay applicable fees for necessary improvements, public utilities and facilities in accordance with Growth Management requirements. The project will not impact the city's ability to implement its Emergency Operations Plan. Zone Change, ZC 16-03 3. That the proposed Zone Change from Planning Industrial (P-M) zoning to Residential Density- Multiple (RD-M) zoning with the modification to the Open Space (OS) zone boundaries on the 12.53-acre site is consistent with the goals and policies of the various elements of the General Plan, in that the proposed RD-M zoning designation implements the proposed R-30 General Plan Land Use designation, and the modification to the Open Space (OS) zoning boundaries on the site will ensure the preservation of on-site habitat and habitat buffer areas consistent with the Carlsbad Habitat Management Plan. The RD-M zoning designation allow for the proposed 192 dwelling units and complies with the development standards of the RD-M zone with approval of the requested standards modification per Planning Commission Resolution No. 7397. 4. That the Zone Change will provide consistency between the General Plan and Zoning as mandated · by California State law and the City of Carlsbad General Plan Land Use Element, in that the Residential Density-Multiple (RD-M) and Open Space (OS) Zone designations shown on Exhibit PC RESO NO. 7396 -4- "ZC 16-03" attached hereto implements the Residential (R-30) General Plan and Open Space (OS) Land Use designations. 5. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sot.ind planning principles in that the residential uses and open space areas allowed by the proposed zone change are compatible with the adjacent residential, open space, and industrial, land uses. Local Coastal Program Amendment, LCPA 16-04 6. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment to the Coastal land use and zoning ensures consistency with the Carlsbad General Plan and Zoning Ordinance and does not conflict with any coastal zone regulations, land use designations or policies. 7. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program as shown on Exhibits "LCPA 16-04 (Land Use)" and "LCPA 16-04 (Zoning) attached hereto is required to bring the property's Local Coastal Program Land Use and Zoning Designations into consistency with the proposed General Plan Amendment (GPA 16-04) and Zone Change (ZC 16- 03). General 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment, water, drainage, circulation, fire, schools, parks and other recreational facilities, libraries, government administrative facilities, and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof fro~ the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 8. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 10. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to PC RESO NO. 7396 -5- mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit, building permit or recordation of a final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment, Zone Change, and Local Coastal Program Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment, Zone Change, and Local Coastal Program Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, Zone Change, and Local Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation· of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 7396 -6- 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and Addendum (DEV13018) -WEST OAKS and is subject to all conditions contained in Planning Commission Resolution Nos. 7395 for those other approvals incorporated herein by reference. 8. Developer shall implement, or cause the implementation of, the WEST OAKS -GPA 16-04/ZC 16- 03/LCPA 16-04/ SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 Project Mitigation Monitoring and Reporting Program and Addendum. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 20, 2021, by the following vote, to wit: AYES: Chair Meenes, Commissioners Anderson, Lafferty, Luna, Merz, and Stine NOES: ABSENT: Commissioner Geidner ABSTAIN : ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7396 -7- GPA 16-04 West Oaks October 01, 2020Exhibit "GPA 16-04" EXISTING PROPOSED OS R-1.5 OS R-4 OS PI R-30 PI OS OS R-30 OS OS OS OS From:To: A. 212-040-26-00 PI OS B. 212-110-01-00 PI R-30 C. 212-110-02-00 PI R-30 D. 212-110-03-00 PI R-30 E. 212-110-04-00 PI R-30 F. 212-110-05-00 PI R-30, OS G. 212-110-06-00 PI R-30, OS H. 212-110-07-00 PI R-30, OS I. 212-110-08-00 OS OS Related Case File No(s): ZC 16-03 / LCPA 16-04 / LFMP 87-05(F) / SDP 16-20 / CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018) General Plan Land Use Designation Changes Property PI PI PIOS OS OS PI O OSPI RUBYWYTURQUOISEDRSAPP HIRE D R PALOMAR OAKS WYWRIGHTPL C O B B LE S T ONEDRPALO M AR AIRPO RTRD WEST O AKS W Y RUBYWYTURQUOISEDRSAPP HIR E D RWRIGHTPL PALOMAR OAKS WYC O B B L E S T O NEDRPALO M AR AIRPO RT RD W EST O AKS W Y ZC 16-03 West Oaks October 01, 2020Exhibit "ZC 16-03" EXISTING PROPOSED OS R-1-10000 OS R-1 OS P-M RD-M P-M OS OS RD-M OS OS OS OS P-M P-M P-MOS OS OS P-M O OSP-M-Q From:To: A. 212-040-26-00 P-M-Q OS, RD-M B. 212-110-01-00 P-M RD-M C. 212-110-02-00 P-M RD-M D. 212-110-03-00 P-M RD-M E. 212-110-04-00 P-M RD-M F. 212-110-05-00 P-M/OS RD-M, OS G. 212-110-06-00 P-M/OS RD-M, OS H. 212-110-07-00 P-M/OS RD-M, OS I. 212-110-08-00 OS OS Related Case File No(s): GPA 16-04 / LCPA 16-04 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018) Zoning Designation Changes Property RUBYWYTURQUOISEDRSAPPHIREDR PALOMAR OAKS WYWRIGHTPL C O B B LE S T ONEDRPALO M AR AIRPO RTRD W E STOAKS WY RUBYWYTURQUOISEDRSAPP HIR E D RWRIGHTPL PALOMAR OAKS WYC O B B L E S T O NEDRPALO M AR AIRPORTRD W E STOAKS WY LCPA 16-04 (Land Use)West Oaks October 01, 2020Exhibit "LCPA 16-04" EXISTING PROPOSED OS R-1.5 OS R-4 R-30 OS OS R-30 OS OS OS PI PI OS O OSPI From:To: A. 212-040-26-00 PI OS B. 212-110-01-00 PI R-30 C. 212-110-02-00 PI R-30 D. 212-110-03-00 PI R-30 E. 212-110-04-00 PI R-30 F. 212-110-05-00 PI R-30, OS G. 212-110-06-00 PI R-30, OS H. 212-110-07-00 PI R-30, OS I. 212-110-08-00 OS OS Related Case File No(s): GPA 16-04 / ZC 16-03 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018) LCPA Land Use Designation Changes Property LCPA 16-04 (Zoning)West Oaks October 01, 2020Exhibit "LCPA 16-04" EXISTING PROPOSED OS R-1-10000 OS R-1 OS P-M RD-M P-M OS OS RD-M OS OS OS OS P-M P-M P-MOS OS OS P-M O OSP-M-Q From:To: A. 212-040-26-00 P-M-Q OS, RD-M B. 212-110-01-00 P-M RD-M C. 212-110-02-00 P-M RD-M D. 212-110-03-00 P-M RD-M E. 212-110-04-00 P-M RD-M F. 212-110-05-00 P-M/OS RD-M, OS G. 212-110-06-00 P-M/OS RD-M, OS H. 212-110-07-00 P-M/OS RD-M, OS I. 212-110-08-00 OS OS Related Case File No(s): GPA 16-04 / ZC 16-03 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018) LCPA Zoning Designation Changes Property EXHIBIT X ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE CITYWIDE ZONING AND LOCAL COASTAL PROGRAM ZONING MAPS TO MODIFY AND RECONFIGURE THE ZONING AND LOCAL COASTAL PROGRAM LAND USE FROM PLANNING INDUSTRIAL (P-M) ZONING TO RESIDENTIAL DENSITY MULTIPLE (RD-M) ZONING. THE OPEN SPACE BOUNDARIES ON THE PROPERTY AND ASSOCIATED (OS) ZONING OF THE PROPERTY WOULD MOVE TO ACCOMMODATE DEVELOPMENT OF A REQUIRED EMERGENCY ACCESS/BRIDGE AT THE NORTHWEST CORNER OF THE SITE AND PRESERVE ON-SITE HABITAT AND HABITAT BUFFER AREAS NOT CURRENTLY DESIGNATED AS OPEN SPACE. THE PROPERTY IS LOCATED SOUTHWEST OF THE INTERSECTION OF PALOMAR AIRPORT ROAD AND PALOMAR OAKS WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: WEST OAKS CASE NO.: ZC 16-03/LCPA 16-04 (DEV 13018) WHEREAS, The Carlsbad West Oaks Project Owner, LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Carlsbad West Oaks Project Owner, LLC, “Owner,” described as Lots 1 through 7 of Carlsbad Tract No. 82-04 Palomar Oaks. In the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11358, filed in the Office of the County Recorder of San Diego County, October 23, 1985. In addition, that portion of that certain parcel of land shown and designated as “Description No. 3, 78.07 acres” on Record of Survey Map No. 5715, filed in the Office of the county of Recorder of San Diego County, December 19, 1960, being a portion of Lot “G” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a Zone Change and Local Coastal Program Amendment as shown on Exhibits “ZC 16-03” AND “LCPA 16-04” – WEST OAKS dated October 1, 2020, attached hereto and made a part hereof; and WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the “ZC 16-03/LCPA 16-04 – WEST OAKS.” NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the Local Coastal Program Zoning Map, are amended as shown on the maps marked “ZC 16-03 – WEST OAKS” and “LCPA 16-04 – WEST OAKS” dated XXXX, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7396 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 16-04 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of _________________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ______ day of ____________________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ EXHIBIT X CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL)