SR-8-C (53)
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Council Meeting: December 7, 1993
Santa Monica, California
TO:
Mayor and City Council
FROM:
City staff
SUBJECT: Ordinance for Introduction and First Reading to Amend
the Zoning Ordinance to Require On-site Refuse and
Recycling Facilities in New Development
INTRODUCTION
This report recommends that the City Council adopt an ordinance
amending section 9.04.10.02.150 of Zoning Ordinance to require
that development projects include adequate space for both refuse
and recycling storage facilities on-site to conform to state law
(Attachment A).
The proposed ordinance also amends Municipal
Code Sections 5.08.170 regardinq storage of refuse containers on
public property, and repeals section 3.36.160 regarding refuse
requirements for the Bayside District to conform to this proposed
ordinance.
BACKGROUND
On
August
20, 1991, the City Council directed staff to
investigate and implement a requirement that refuse and recycling
space be provided in the design of new development and major
renovations as part of the building permit process. One of the
objectives of this proposal is to encourage recycling and refuse
collection by requiring adequate and well located space to be set
aside for storage of the materials.
1
Since council directed staff to develop these standards, the
California Solid Waste Refuse and Recycling Act was adopted which
requires all cities to pass an ordinance that requires adequate
areas for collecting and locating recyclable materials in
development projects or be subject to a model ordinance prepared
by the California Integrated Waste Management Board. On January
19, 1993, the City Council adopted a resolution directing the
Planning Commission to conduct a public hearing on the proposed
amendment to section 9.04.10.02.150 "Refuse and Screening of
storage Areas" of the Zoning Ordinance. On July 7, 1993, the
Planning Commission approved and forwarded to City Council the
attached ordinance.
DISCUSSION
At present, the General Services Director or designee reviews and
approves all refuse and recyclable enclosure designs as part of
the city.s plan check process for mUlti-family and commercial
projects. However, this review is performed pursuant to current
administrative practices, rather than any specific Municipal Code
provisions as mandated by the California Solid Waste Refuse and
Recycling Act. Staff is proposing specific requirements including
the implementation of a review and approval process and adding
single family homes to the plan check process. This proposal will
require the City Engineering and Solid Waste staff to review
and approve plans for the refuse and recycling enclosure/room
requirements. The Planning Division will include this requirement
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in their application information material.
The state Model Ordinance was approved by the California
Integrated Waste Management Board in March 1993. This model
ordinance will become effective on September 1, 1994 if a local
agency has not already adopted an ordinance Which addressess the
collection, storage, and loading of recyclable materials in
development projects. The local agency ordinance will have
precedence over the State ordinance and may establish more detailed
and comprehensive requirements than the state model ordinance.
Adoption of this ordinance will allow the City to comply with the
California Solid Waste Refuse and Recycling Act as well as address
concerns over keeping refuse and recyclables out of alleys, off
of pUblic spaces, and out of public view. It is further hoped that
by providing on-site refuse and recycling enclosures the theft of
recyclables will be reduced.
The following are the proposed
refuse and recycl ing enclosures
ordinance.
NON-RESIDENTIAL:
a) less than 1.000 sauare feet of floor area: 4' x 41 X
6' (6' = height) refuse and recycling enclosure/room
or equivalent space available in centralized refuse
area in building complex.
b) 1,000 - 5,000 square feet of floor area: 5' x 9f X Sf
minimum requirements for the
as set forth by the proposed
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refuse and recycling enclosure/room or equivalent
space available in centralized refuse area in building
complex.
c) 5,000 to 10,000 square feet of floor area:
9 I 61f x 13 '61f x Sf refuse and recycling
enclosure/room.
d) 10.000 to 20,000 square feet of floor
area: 24S square foot refuse and recycling
enclosure/room with 8 foot high enclosure walls.
e) 20,000 to 40.000 sauare feet of floor area: 450 square
foot refuse and recycling enclosure/room with 8 foot high
enclosure walls.
RESIDENTIAL:
a) less than 5 units: 4' X 6' x 6 f refuse and recycling
enClosure/room
b) 5 units to 10 units: 5' x 9' X 8f refuse and
recycling enclosure room.
c) 11 units to 20 units: 129 square foot refuse and
recycling enclosure/room with 8 foot enclosure walls.
d) 21 units to 40 units: 248 square foot refuse and
recycling enclosure/room with 8 foot height enclosure
walls.
e) single family residence: requires dedicated fenced
area for refuse and recycling screened from public
right-of-way or dedicated space in a garage.
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Any development with more than 40 residential units or more than
40,000 square feet of commercial space must be designed by the
owner or the owner's representative and submitted to the Director
of General Services for approval. This is required to ensure
refuse and recycling collection is operationally feasible and
efficient.
These proposed refuse and recycling enclosure/room requirements are
applicable in all zoning districts any time a building permit is
required to increase by 30% or more the existing floor area of a
project or the building permit valuation cost exceeds $100,000.
The state model ordinance specifies a 30% remodeling threshhold as
well. Staff developed the proposed standards based on its
experience with refuse and recycling requirements in prior
development projects, and considered such factors as the number
and size of refuse and/or recycling containers and frequency
of collection needed to meet the requirements for the trash and
recyclables generated by a site. Overall, the city standards
are more detailed and comprehensive than the state Model
Ordinance.
staff believes that any request for modification to these standards
should be reviewed by the General Services Director. Modifications
will be granted when applicants prove that the standards are
technically unfeasible and or create an economic hardship.
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PLANNING COMMISSION REVIEW
On July 7, 1993 the Planning Commission reviewed the proposed
ordinance and presented several recommendations for Council
consideration. Staff had initially proposed that a 4 I X 4 f X 6 f (6 I
= height) dedicated fenced area be required in single family
homes subject to the ordinance. The Planning Commission
recommended that the single family requirements for enclosures be
less restrictive than staff proposed. Staff agrees with this
recommendation and now proposes requiring only a dedicated area
for refuse/recycling that is either screened from view of the
public right-of-way or located in a garage [Section 9.04.02.150
(e) (2) (a) ] .
One Planning Commissioner suggested that all landmark buildings
be exempted from the ordinance requirements. Staff believes that
landmark buildings should be subject to the same requirements as
all other new development and shall be granted the same opportunity
to request a modification of the requirement as all other projects.
The Planning commission recommended the elimination of the
requirement for an enclosure in an otherwise secured garage in
multi-family or commercial structures. As an alternative,
the Planning Commission suggested that the ordinance allow a
dedicated area with pavement markings to delineate the
dedicated area. Staff, however, does not concur with this
recommended change to the ordinance due to the bel ief that
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refuse/recycling areas should be enclosed to prevent spillover
and potential impacts on required parking spaces.
The Planning Commission recommended flexibility in the dimensions
and design of a required refuse/recycling room or enclosure and
to allow the placement of a room or enclosures in more than one
area on a parcel so long as the aggregate floor area
requirement is met. staff has incorporated this recommendation
into the proposed ordinance. However, staff has also included
language in the ordinance specifying that the General Services
Department will continue charging an extra fee for multiple
enclosure areas on one parcel.
Finally, the Planning Commission recommended that section 3.36.170
not be repealed and that the option to allow businesses to
store refuse bins in public parking structures, public parking
lots, or neighboring parcels' refuse rooms/enclosure be extended
from the Bayside District to the Main street area. Staff
believes strongly that Section 3.36.170 should be repealed as it
is contrary to the thrust of the model code that convenient
recycling access be provided by all new development.
The repeal of section 3.36.170 will not affect current users of
City refuse storage areas in the Bayside District unless those
currently using City space redevelop their properties and meet the
threshold criteria established in the proposed ordinance.
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FINANCIAL/BUDGET IMPACTS
There are no financial or budgetary impacts to the city associated
with this staff report.
RECOMMENDATIONS
It is recommended that city Council introduce for first reading
the attached ordinance to amend Section 9.04.10.02.150 "Refuse
and Screening of Refuse storage Areasft of the Zoning Ordinance
to require on-site refuse and recycling facilities; amend section
5.08.170 regarding storage of refuse containers; and repeal
section 3.36.160 regarding special refuse requirements in the
Bayside District.
Prepared by: Craig Perkins, Director of General Services
Suzanne Frick, Acting Director of LUTM
Tom Dever, Solid Waste Superintendent
Joan Akins, Acting Administrative services Officer
Attachment: Ordinance
8
CA:JL:atty\muni\laws\Recyclel.ord
City council Meeting 12-7-93
Santa Monica, California
ORDINANCE HUMBER
(CCS)
(city council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OP SANTA MONICA
REPEALING MUNICIPAL CODE SECTION 3.36.160
RELATING TO OUTDOOR STORAGE OF REFUSE CONTAINERS IN
MALL COURTS; AMENDING SECTION 5.08.170, RELATING TO
POINTS OF COLLECTION OF REFUSE; AND AMENDING
SECTION 9.04.10.02.150, RELATING TO ON-SITE REFUSE AND
RECYCLING ROOMS OR OUTDOOR ENCLOSURES
WHEREAS, the Legislature of the State of California has
found and declared that the lack of adequate areas for collecting
and loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to diverting
solid waste and constitutes an urgent need for state and local
agencies to address access to solid waste for source reduction,
recycling, and composting activities; and
WHEREAS, California Public Resources Code Section
42911(b) requires that cities which have not adopted an ordinance
for collecting and loading recyclable materials implement and
enforce a model ordinance adopted by the California Waste
Management Board as authorized by California Public Resources Code
Section 42901(a); and
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WHEREAS, City desires to adopt an ordinance more
stringent than the state model ordinance, which will address the
circumstances and needs unique to the city of Santa Monica;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.36.160
is hereby repealed.
SECTION 2. section 5.08.170 of the Santa Monica
Municipal Code is amended to read as follows:
SECTION 5.08.170 Points of Collection of
Refuse.
(a) Any refuse and recyclable materials
placed for collection shall not be placed for
collection in that portion of any street or
alley abutting on property other than the
property owned or controlled by the person
placing the refuse and recyclable materials.
On other than collection days, when refuse
collections are made from the street,
containers shall be stored on private property
no closer than ten (10) feet from the street
right-of-way line, unless the containers are
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stored in an outdoor enclosure. Where there
is a public alley along which refuse
collections
are
made,
all
refuse
and
recyclable materials shall be placed for
collection upon private property within ten
(10) feet of the alley, providing there shall
be no obstructions between such refuse and
recyclable materials and the alley property
line.
In the event there is not sufficient
unobstructed area in which to place refuse and
recyclable materials on such private property,
--~..~-
..........~..............
they may be placed
so
as
not to
encroach upon a public alley more than four
(4) feet. If there is no pUblic alley, refuse
containers shall be placed for collection on
the parkway not more than four (4) feet from
the curb.
(b) If a property owned or controlled by
the person placing the refuse and recyclable
materials is located such that no portion of
the property abuts the public alley or street
along which refuse collections are made, the
Director of General Services shall determine a
location in the public alley or parkway on
which the property owner shall place the
refuse
and
recyclinq
containers
for
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collection. The location determined by the
Director of General Services shall in no event
encroach upon the public alley more than
four (4) feet nor shall be placed more than
four (4) feet from the curb when the location
of the refuse and recyclinq container (.) is
determined to be a parkway.
(c) Refuse and recycling containers
shall not be placed for collection earlier
than 4:00 p.m. a day before collection day and
not later than 7:00 a.m. on the day of
collection.
Cd) Refuse and recycling containers
placed upon a public street or alley for
collection shall be removed not later than
8:00 p.m. on the day of collection.
(e) No refuse or recycling containers
shall be placed on any public right-ot-way
other than collection days without a permit
having been obtained from the Director of
General Services in accordance with Section
7.04.670 of this Code.
(f) Refuse and recyclable materials from
a corner lot, if there is no adjacent alley,
may be placed in accordance with provisions of
this Section on any frontage along which
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refuse collection trucks are routed, provided
all refuse and recyclable materials from such
parcel or parcels l::t.:: shall be placed for
collection at one place.
(g) Refuse and recyclinq containers
provided by the City for use with automated
collection systems shall be placed for
collection in locations which provide
unobstructed access within a three foot radius
of any edge of said containers.
(h) The City Council may by resolution
establish and from time to time revise a fee
requiring any person who places or stores
refuse and recyclable materials or refuse and
recyclinq containers on public property to pay
a fee for the use of public property. The fee
shall not be charged to any person who, under
subsections (a) and (b), must place refuse,
recyclable materials, ef refuse containers or
recycling containers on public property in
order to facilitate refuse collection.
SECTION 3. Santa Monica Municipal Code section
9.04.10.02.150 is amended to read as follows:
5
SEeTlO. '.04.10.02.150.
Refuse and
Recycling storage Areas.
(a) Except as otherwise provided in this
Section, B(e)ach parcel in commercial and
industrial districts containing a building or
structure shall provide and maintain one (1)
or more t.::,,~;:;~ ::"::=::~t.~=l::;:; refuse containers
and recycling containers on the premises. The
containers ~~=~p~~=l~~ shall be of sufficient
::;i~~ capacity and number to accommodate the
....___1-
.......--....
refuse
and
recyclable
materials
generated by the uses on the parcel,
______~_-I-__.
"-'............._~--_.....-
in compliance with guidelines
p~~p~::"od established by the Department of
General Services.
All outdoor storage of
~~~~~, ~~~bagc, refuse, recyclable materials
and other items or material intended to be
discarded or f~~ =~ll::=~i~~ collected shall be
screened from public view. On parcels where
refuse and recyclable materials are both
stored and collected adjacent to an alley or
other public right-of-way, the refuse and
recyclable materials shall be screened from
public view on at least three sides by a solid
opaque impact-resistant wall not less then
five (5) feet or more than eight (8) feet in
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height, and on the fourth side by a solid
opaque impact-resistant gate not less than
five (5) feet or more than eight (8) feet in
height, or of other such material or design
approved by the Architectural Review Board.
The gate shall be maintained in working order
and shall remain closed except when is aGe
durinq such times as refuse, recyclable
materials and other such items are beinq
discarded, placed for collection, or
collected. All =~~~==~ ~t=~~;~ ==~ refuse and
recyclable materials which are stored and
collected from the same location out of doors
shall be l==~t=~ stored not more than ten (10)
feet from the property line which is closest
to the refuse collection point.
(b) In all zoninq districts, any new
construction for which an application for a
buildinq permit is required to be submitted on
or after the effective date of this Ordinance
shall include adequate, accessible and
convenient areas for collecting and loadinq
refuse and recyclable materials consistent
with the desiqn standards of Section
9.04.10.02.151.
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(c) After the effective date of this
ordinance, any improvement of the areas used
for collecting and loading solid waste of a
publicly owned facility shall include
adequate, accessible and convenient areas for
collecting and loading refuse and recyclable
materials in compliance with the design
standards of Section 9.04.10.02.151.
Improvements shall consist of those
alterations which add value, prolong the
useful life of a facility, or adapt it to a
new use or uses. Improvements do not include
repairs which merely keep a facility in good
operating condition, do not materially add to
its value, and do not substantially extend its
useful life.
(d) In all zoning districts, any
improvement (s) to an existing building,
including a building with multiple tenants,
for which one or more building permits is
required to be submitted after the effective
date of this Ordinance and which meets the
threshold requirements of this subsection
shall include adequate, accessible and
convenient areas for storing and collecting
refuse and recyclable materials in compliance
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vith the design standards of section
9.04.10.02.151. Improvements to an existing
building' shall consist of those alterations
which add value, prolong' its useful life, or
adapt it to a new use or uses. Improvements
do noi:. include repairs which merely keep a
building in good operating condition, do noi:.
materially add to its value, and no noi:.
substantially extend its useful life. This
subsection shall apply where the Department of
General Services determines that the sum total
of all improvements to the existing building
within a twelve (12) month period either add
30 percent or more to the existing floor area
or have an aggregate permit valuation cost of
$100,000 dollars or more. However, for single
family residences, this subsection shall apply
only where improvements within a twelve (12)
month period constitute a substantial
remodeling of the existing building as defined
in Section 9000.3 of the comprehsensive Land
Use and Zoning ordinance.
Effective July 1, 1994, the permit
valuation cost threshold shall be increased
annually at the commencement of the City
fiscal year by an amount equal to the
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percentage increase in the "cost of living"
index as measured by the Consumer Price Index
(1982-1984=100) for Los Anqeles-Riverside-
Anahela, california, published by the U. s.
Departlllent of La))or, Bureau of Labor
Statistics for the precedinq base period of
April to April.
(e) Refuse and recyclinq rooms or
outdoor enclosures shall be adequate in
capaci ty , Dumher, and distri))ution to serve
the uses on the parcel or parcels. An
adequate number of bins or containers to allow
for the collection and loadinq of refuse and
recyclable materials shall be located within
the refuse and recycling rooms or outdoor
enclosures. The design and construction of
refuse and recycling rooms or outdoor
enclosures shall be compatible wi th
surrounding land uses. Refuse and recycling
rooms or outdoor enclosures shall be secured
to prevent the theft of recyclable materials
by unauthorized persons, while allowing
authorized persons access for disposal of
materials, and must provide protection against
adverse environmental conditions which may
render the collected materials unmarketable.
10
Buildings or structures in which refuse and
recyclable materials are stored in otherwise
locked and secured subterranean garages may be
permitted to designate a fenced area for the
storage of refuse and recyclable materials in
compliance with specifications as to location
and materials established by the Director of
General Services. In mixed use and non-
residential developments, refuse and recycling
rooms or outdoor enclosures shall be at the
sam.e grade as and adjacent to an existing
alley, if any.
SECTION 4.
Section 9.04.10.02.151 is added to the Santa
Monica Municipal Code to read as follows:
Section 9.04.10.02.151. Design standards
tor Refuse and Recycling Rooms and Outdoor
Enclosures.
A refuse and recycling room or outdoor
enclosure shall comply with all the
requirements of the zoning district in which
it is located and shall conform to the
following minimum design standards:
(a) NON-RESIDENTIAL DEVELOPMENT:
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(1) Non-residential building or
buildings with less than 1,000 square teet in
aggregate floor area shall include a refuse
and recycling room four (4) feet in width,
four (4) feet in length, and six (6) feet in
height or an equivalent space available in a
centralized area or an outdoor enclosure which
shall conform to the SaBle dimensions.
(2) Hon-residential building or
buildings with an aggregate floor area
between 1,000 and 5,000 square feet shall
include a refuse and recycling room five (5)
feet in width, nine (9) feet in length, and
eight (8) feet in height or equivalent space
available in a centralized area or an outdoor
enclosure which shall conform to the same
dimensions.
(3) Non-residential building or
buildings with an aggregate floor area above
5,000 square feet but equal to or less than
10,000 square feet shall include a refuse and
recycling- room nine feet, six inches (9', 6")
in width, thirteen ~eet, six inches (13', ''')
in length, and eight (8) feet in height in a
12
centrali.ed area or an outdoor enclosure which
shall conform to the same dimensions.
(4) Non-residential buildinq or
buildings with an aqqregate floor area above
10,000 square feet but less than or equal to
20,000 square feet shall include a 248 square
foot refuse and recyclinq room or outdoor
enclosure with eight (8) foot high walls.
(S) Non-residential buildinq or
buildinqs with an aggregate floor area above
20,000 square feet but less than or equal to
40,000 square feet shall include a 450 square
foot refuse and recycling room or outdoor
enclosure with eight (8) foot high walls.
(b) RESIDENTIAL DEVELOPMENT:
(1) single family residences shall
include a designated area to store refuse and
recycling materials screened from public view
or a designated area in a garage or accessory
structure.
(2) Multi-family residential
developments containinq less than five units
shall include a refuse and recycling room four
(4) feet in width, six (6) feet in length, and
13
six (6) feet
enclosure which
dimensioDs.
(3) Hulti-family residential
developments containing five (5) to ten (10)
uni ts shall include a refuse and recycling
roo. five (5) feet in width, nine (9) in
length, and eight (8) feet in heiqht, or an
outdoor enclosure which shall conform to the
same dimensions except that it shall not
exceed six (6) feet in heiqht.
(4) Residential developments
containing eleven (11) units to 20 units shall
include a refuse and recyclinq room 129 square
feet in area with eight (8) foot high walls or
an outdoor enclosure of equal area with six
(6) foot high walls.
(S) Residential developments
containing 21 units to 40 units shall include
a refuse and recycling room 248 square feet in
area with eight (8) foot hiqh walls or an
outdoor enclosure of equal area with six (6)
foot hiqh walls.
in height, or an outdoor
shall conform to the same
(e) MIXED USE DEVELOPMENT.
Except as required in subsection (d)
14
or this Section, mixed use developments in all
zoning districts shall comply with the design
standards for non-residential developments in
subsection (al of this section.
(dl LARGE RESIDENTIAL. NON-RESIDENTIAL
AND MIXED USE DEVELOPMENT.
Any development, whether
residential, non-residential, or mixed use
with more than 40 residential units, or with
more than 40,000 square feet of floor area
shall be reviewed by the Director of General
Services, who shall require the design and
placement of a refuse and recycling room or
outdoor enclosure consistent with the purpose
of this Section to provide adequate and
accessible areas for the storage and
collection of refuse and recyclable materials.
eel The Director of General Services
shall have the authority to modify the
requirements for existing buildings subject to
the design standards of this Section when,
upon a written application for a modification,
the Director determines that the applicant
has demonstrated that imposition of the design
15
standards is technically infeasible or creates
an unreasonable hardship. Such authority
shall be limited to do the following:
(1) modify the dimensions of refuse
and recycling rooms or outdoor enclosures,
provided that the frequency of refuse
collection is modified to adequately serve the
uses on the parcel and protect the public
health, safety and qeneral welfare.
(2) permit more than one (1)
recyclinq room or outdoor enclosure, provided
the aqgreqate area of which is in substantial
compliance with the design standards of this
Section as determined by the Director of
General Services, and provided that each room
or outdoor enclosure furnishes convenient
access for disposal and collection of both
refuse and recyclable materials. In the event
that the location of the refuse and recyclable
room or outdoor enclosure is not convenient
for collection, the Director of General
services shall be authorized to require
payment of a fee, established by resolution of
the City Council, for collection of the refuse
and recyclable materials. In no event shall a
fee be authorized in lieu of providing a
16
refuse
and
recyclinq
room
or
outdoor
enclosure.
SECTION 5. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
17
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
)i~;&C~~~~hL&-
, Acting city Attorney
"
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