SR-022796-6A
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f:\atty\muni\strpts\mhs\subdiv.2d ' -
City Council Meeting 2-27-96 santa Monica, caf:m~n~J996
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Ordinance Amending various Sections of Santa Monica
Municipal Code Chapter 9.20 Regarding Subdivisions
INTRODUCTION
At its meeting on February 13, 1996, the City Council introduced
for first reading an ordinance amending various sections of Santa
Monica Municipal Code Chapter 9.20 regarding subdivisions. The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy City Attorney
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FEB 2 7 1996
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CA:f:\atty\muni\laws\mhs\subdiv.2
City council Meeting 2-27-96 Santa Monica, California
ORDINANCE NUMBER 1842 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF
SANTA MONICA MUNICIPAL CODE CHAPTER 9.20
REGARDING SUBDIVISIONS
WHEREAS, the Planning commission recommended that certain
amendments be made to Santa Monica Municipal Code Chapter 9.20
governing subdivisions in order to accommodate air rights
subdivisions; and
WHEREAS, certain other amendments to Chapter 9.20 are
necessary for clarity, convenience of administration or to ensure
compliance with state law,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION L Section 9.20.02.050 of the Santa Monica Municipal
Code is amended to read as follows:
'.20.02.050 Definitions.
The following words or phrases as used in this
Chapter shall have the following meanings:
(a) Advisory Agency. A designated official or an
official body charged with the duty of making
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investiqations and reports on the desiqn and improvements
of proposed divisions of real property.
(b) Air Space Lot. A division of the space above
or below a lot, or partially above and below a lot havinq
finite width, lenqth, and upper and lower elevations,
occupied or to be occupied by a use, buildinq or portion
thereof, qroup of buildinqs or portions thereof,
accessory buildinqs or portions thereof, or accessory
uses. An air space lot shall be identified with a
separate and distinct number or letter on a final
SUbdivision or parcel map recorded in the Office of the
County Recorder.
(c) Block. The area of land within a subdivision
which area is entirely bounded by streets, hiqhways or
ways, except alleys, or the exterior boundary or
boundaries of the subdivision.
(d) community Apartment. A project as defined in
Business and Professions Code Section 11004 in which an
undivided interest in the land is coupled with the riqht
of exclusive occupancy of any apartment.
(e) Condominium. An estate in real property
consistinq of an undivided interest in common in a
portion of a parcel of real property toqether with a
separate interest in space in a residential, industrial
or commercial buildinq on such real property, such as an
apartment, office, or store. A condominium may include,
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in addition, a separate interest in other portions of
such real property.
(f) Conversion. The creation of separate ownership
of existing improved real property together with a
separate interest in space of residential, industrial or
commercial buildings thereon. A conversion may be
accomplished by condominium, stock cooperative, community
apartment, or cooperative apartment.
(g) Cooperative Apartment. Pursuant to the City's
authority to regulate sUbdivisions not regulated by the
Subdivision Map Act as authorized by Government Code
section 66411, a project of more than three units in
which an undivided interest in land is coupled with the
right of occupancy of any apartment located thereon,
whether such right is contained in the form of a written
or oral agreement, when such right does not appear on the
face of the deed.
(h) D.siqn. street alignments, grades and width;
drainage and sanitary facilities and utilities, including
alignments and grades thereof; location and size of all
required easements and rights-of-way; fire roads and fire
breaks; lot size and configuration; traffic access;
grading; land to be dedicated for park or recreational
purposes; and such other specific requirements in the
plan and configuration of the entire subdivision as may
be necessary or convenient to insure conformity to or
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implementation of the General Plan or any adopted
specific plan.
(i) Final Hap. A map showing a sUbdivision for
which a tentative and final map is required by this
Chapter, prepared in accordance with the provisions of
this Chapter and the Subdivision Map Act and designed to
be recorded in the office of the County Recorder.
(j) Pinal Parcel Hap. A final map for a parcel.
(k) Final Subdivision Hap. A final map for a
subdivision.
(1) General Plan. The General Plan of the City of
santa Monica.
(m) X.prov_ant. street work, storm drainage,
utilities and landscaping to be installed, or agreed to
be installed, by the subdivider on the land to be used
for pUblic or private streets, highways, and easements,
as are necessary for the general use of the lot owners in
the subdivision and local neighborhood traffic and
drainage needs as a condition precedent to the approval
and acceptance of the final map thereof; or to such other
specific improvements or type of improvements, the
installation of which, either by the subdivider, by
public agencies, by private utilities, by any other
entity approved by the local agency or by a combination
thereof, is necessary to convenient to insure conformity
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to or implementation of the General Plan or any adopted
specific plan.
(n) Lot. A parcel or portion of land separated from
other parcels or portions by description, as on a
sUbdivision or record of survey map, or by metes and
bounds, for purpose of sale, lease, or separate use. Lot
includes air space lot as defined herein.
(0) Lot Line Adjustment. A minor shift or rotation
of an existing lot line or other adjustments where a
greater number of parcels than originally existed is not
created.
(p) .er'ler. The joining of two (2) or more
contiguous parcels of land under one ownerShip into one
parcel.
(q) Subdivision Map Act. The Subdivision Map Act of
the State of California.
(r) Parcel Map. A map showing a division of land of
four (4) or less parcels as required by this Chapter,
prepared in accordance with the provisions of this
Chapter and the SUbdivision Map Act.
(s) peripheral Street. An existing street whose
right-Of-way is contiguous to the exterior boundary of
the sUbdivision.
(t) Remainder. That portion of an existing parcel
which is not included as part of the subdivided land. The
remainder is not considered as part of the subdivision
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but must be shown on the required maps as part of the
area surrounding subdivision development.
(u) stock cooperative. A corporation as defined in
Business and Professions Code section 11003.2 which is
primarily for the purpose of holding title to property if
shareholders receive the right to exclusive occupancy in
a portion of property and whose right to occupancy
transfers concurrently with the transfer of an interest
in the corporation.
(v) Subdivider. A person who proposes to divide,
divides, or causes to be divided real property into a
subdivision for the subdivider or for others; except
employees and consultants of such persons or entities
acting in such capacity, are not "subdividers."
(w) Subdivision. The division, by any subdivider,
of any units or unit of improved or unimproved contiguous
land shown on the latest equalized County assessment roll
as a unit or as contiguous units for the purpose of sale,
lease or financing, whether immediate or future. Property
shall be considered as contiguous units, even if it is
separated by roads, streets, utility easements or
railroad rights-of-way. Subdivision includes a
condominium project, as defined herein or in california
civil Code Section 1351(f), a community apartment
project, as defined herein or in California civil Code
Section 1351(d), a stock cooperative, as defined herein
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or in California civil Code section 1351(m), a
cooperative apartment as defined herein, or two or more
air space lots as defined herein. Any conveyance of land
to a governmental agency, public entity, or public
utility shall not be considered a division of land for
purposes of computing the number of parcels.
"Subdivision" does not include anything excluded from the
definition of subdivision in the Subdivision Map Act
unless otherwise provided for herein.
(x) Subdivision Map. A map showing a division of
land of five (5) or more parcels as required by this
Chapter, prepared in accordance with the provisions of
this Chapter and the Subdivision Map Act.
(y) Tentative Map. A map made for the purpose of
showing the design and improvements of a proposed
subdivision and the existing conditions in and around it.
(z) Tentative Parcel Hap. A tentative map for a
parcel.
(aa) Tentative Subdivision Map. A tentative map
for a SUbdivision.
(bb) Zoning Ordinance. Chapter 9.04 of the
Municipal Code.
SECTION 2. section 9.20.04.020 of the Municipal Code is
amended to read as follows:
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1.20.04.020 Five or .ore paraels.
A tentative subdivision map and final subdivision
map shall be required for all divisions of land into five
(5) or more parcels, five (5) or more condominiums as
defined in civil Code section 783, a community apartment
project containing five (5) or more units, a stock
cooperative containing five (5) or more units, a
cooperative apartment containing five (5) or more units,
or an air space subdivision containing five or more lots.
SECTION 3. Section 9.20.04.030 of the Municipal Code is
amended to read as follows:
9.20.04.030 Four or less parcels.
A tentative parcel map and final parcel map shall be
required for all divisions of land which create four (4)
or less parcels, four (4) or less condominiums as defined
in civil Code Section 783, a community apartment project
containing four (4) or less units, a stock cooperative
containing four (4) or less units, a cooperative
apartment containing four (4) or less units, or an air
space subdivision containing four or less lots.
SECTION 4. Section 9.20.06.040 of the Municipal Code is
amended to read as follows:
9.20.06.040 Submittal and processing of tentative
subdivision maps.
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The tentative subdivision map shall be accepted for
filing only when such map conforms to section 9.20.06.020
and when all accompanying data or reports as required by
section 9.20.06.030 have been submitted and accepted by
the Director of Planning. The Director of Planning shall
accept or reject such maps for filing in writing within
thirty (30) days of the date of submittal. Any map which
is rejected for filing shall specify the reasons for the
rejection. The time periods for acting upon such maps
shall commence from the date of the letter accepting the
map for filing. The subdivider shall file with the
Director of Planning the number of tentative maps that
the Director of Planning deems necessary.
SECTION 5. section 9.20.06.060 of the Municipal Code is
amended to read as follows:
9.20.06.060 Vesting tentative map.
(a) A "vesting tentative map" is a tentative map as
defined in this Chapter which shall have printed
conspicuously on its face the words "Vesting Tentative
Map" and which is processed in accordance with this
Section.
(b) Whenever a tentative map is required by this
Chapter, a vesting tentative map may be filed instead. If
a subdivider does not seek the rights conferred by a
vesting tentative map, the filing of a vesting tentative
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map shall not be required as a prerequisite to any
approval for any proposed subdivision, permit for
construction, or work preparatory to construction.
(c) A vesting tentative map shall be processed in
the manner provided in sections 9.20.06.040 and
9.20.06.050 of this Chapter. A vesting tentative map
shall be filed in the same form and with the same content
as provided in Sections 9.20.06.020 and 9.20.06.030 of
this Chapter except that the words "Vesting Tentative
Map" shall be conspicuouslY printed on the face thereon.
(d) A vesting tentative map shall expire and be
subject to the same extensions as apply to a tentative
map as set forth in this Chapter.
(e) The approval or conditional approval of a
vesting tentative map shall confer a vested right to
proceed with development in substantial compliance with
those ordinances, policies and standards in effect as of
the date the application for a vesting tentative map is
determined to be complete, or as otherwise permitted by
Government Code section 66474.2. If Government Code
Section 66474.2 is repealed, the approval or conditional
approval of a vesting tentative map shall confer a vested
right to proceed with development in substantial
compliance with the ordinances, policies, and standards
in effect at the time the vesting tentative map is
approved or conditionally approved. Approval of a
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vesting tentative map shall in no way limit or diminish
the authority of the City to deny or impose reasonable
conditions in conjunction with subsequent approvals
relating to the project provided the City applies those
ordinances, policies and standards in effect at the time
of approval of the vesting tentative map.
(f) Notwithstanding Subsection (e) , the City may
condition or deny a permit, approval, extension, or
entitlement for use based upon ordinances, policies and
standards enacted subsequent to the time the vesting
tentative map is approved or conditionally approved if
any of the following are determined:
(1) A failure to do so would place the
residents of the subdivision or the immediate community,
or both, in a condition dangerous to their health or
safety, or both.
(2) The condition or denial is required in
order to comply with state or federal law.
(g) The rights referred to in this section shall
expire if a final map is not approved prior to the
expiration of the vesting tentative map. After the final
map is approved, the rights referred to in this Section
shall apply for the following time periods:
(1) An initial time period of one year after
recordation of the final map. Where several final maps
are recorded on various phases of a project covered by a
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single vesting tentative map, this initial time period
shall begin for each phase when the final map for that
phase is recorded.
(2) The initial time period provided in
Subsection (g)(1) shall be automatically extended by any
time used by the City for processing a complete
application for a grading permit or for design or
architectural review, if the time to process the
application exceeds thirty (30) days from the date a
complete application is filed.
(3) A subdivider may apply to the Planning
commission for a one year extension at any time prior to
the expiration of the initial time period provided by
this Section. If the extension is denied, the subdivider
may appeal that decision to the City council within
fifteen (15) days.
(4) If the subdivider submits a complete
application for a building permit during the time period
provided in this section, the vested right to proceed
shall be extended until the expiration of the building
permit or any extension of that permit granted by the
City.
(h) Whenever a subdivider files a vesting tentative
map for a subdivision whose intended development is
inconsistent with the Zoning Ordinance in existence at
that time, that inconsistency shall be noted on the map.
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The City shall deny such a vesting tentative map or
approve it conditioned upon the subdivider obtaining the
necessary change in the zoning Ordinance to eliminate the
inconsistency. If the change in the Zoning Ordinance is
obtained, the approved or conditionally approved vesting
tentative map shall confer the vested right to proceed
with development in substantial compliance with the
change in the Zoning Ordinance and the map as approved.
(i) Notwithstanding any provision of this Section,
a property owner or his or her designee may seek
approvals or permits for development which departs from
the ordinances, policies and standards described in
Subsection (e) , the City may grant these approvals or
issue these permits to the extent that the departures are
authorized under applicable law.
SECTION 6. section 9.20.08.030 of the Municipal Code is
amended to read as follows:
'.20.08.040 Contents.
The contents of the final subdivision map shall
conform to the Subdivision Map Act and as set forth
below:
(a) BOUll4ary. The boundary of the subdivision shall
be designated by a heavy black line in such manner as not
to obliterate figures or other data.
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(b) 'ritle. Each sheet shall have a title showing
the subdivision number and name and location of the
property being subdivided with reference to maps which
have been previously recorded, or by reference to the
plat of a United states survey. The following words shall
appear in the title, "In the City of Santa Monica."
(c) Certificates. The following certificates shall
appear only once on the cover sheet.
(1) OWIIer's certitiClate. A certificate, signed
and aCknowledged by all parties having record title
interest in the land subdivided, excepting those parties
having rights-of-wav, easements, other interests which
cannot ripen into a fee, or other exceptions provided by
the SUbdivision Map Act, and consenting to the
preparation and recordation of the final subdivision map
and offering for dedication to the public certain
specific parcels of land.
(2) Enqineer'. certificate. A certificate by
the engineer or surveyor responsible for the survey and
final subdivision map shall appear on the map. The
certificate shall give the date of the survey, state that
the survey and final subdivision map were made by or
under the direction of the engineer or surveyor, and that
the survey is true and complete as shown.
The certificate shall also state that all
monuments are of the character and occupy the positions
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indicated, or that they will be set in such position on
or before a specified later date. The certificate shall
also state that the monuments are, or will be, sufficient
to enable the survey to be retraced.
The certificate shall be in the form required
by the Subdivision Map Act.
(3) city Bnqineer's certificate. A certificate
by the city Engineer stating that the final subdivision
map has been examined and that it is in accord with the
tentative map and any approved alterations thereof,
complies with the sUbdivision Map Act and the provisions
of the Chapter, and is technically correct. The City
Engineer shall not execute such certification until
receiving a report from the Director of Planning of
compliance with all conditions of the tentative
subdivision map. The certification shall be conditional
on the City Council finding that all conditions of the
tentative subdivision map have been complied with.
(4) City Clerk's certificate. A certificate
for execution by the city Clerk stating the date and
number of the resolution adopted by the City Council
approving the final subdivision map and stating that the
city Council accepted, accepted subject to improvement or
rejected on behalf of the pUblic, any real property
offered for dedication for public use in conformity with
the terms of the offer of dedication.
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(5) County Recorder's Certificate. A
certificate to be executed by the County Recorder stating
that the final sUbdivision map has been accepted for
filing, that the final subdivision map has been examined
and that it complies with the provisions of state laws
and local ordinances governing the filing of final
subdivision maps.
The certificate shall show who requested the
filing of the final subdivision map, the time and date
the map was filed and the book and page where the map was
filed.
(6) county Clerk's certificate. A certificate
to be executed by the County Clerk stating that all taxes
due nave been paid or that a tax bond assuring the
payment of all taxes which are a lien but not yet payable
has been filed with the county.
(d) scale, Horth Point and Ba.is of B.aring's. There
must appear on each map sheet the scale, the north point
and the basis of bearings in relation to a previously
recorded final map, and the equation of the bearing of
true north. The basis of bearings shall be approved by
the city Engineer.
(e) Linear, Angular and Radial nata. Sufficient
linear, angular, and radial data shall be shown to
determine the bearings and lengths of monument lines,
street centerlines, the boundary lines of the subdivision
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and of the boundary lines on every lot and parcel which
is a part thereof. Length, radius and total central angle
or radial bearings of all curves shall be shown. Ditto
marks shall not be used in the dimensions and data shown
on the final subdivision map.
(f) Konuaents. The location and description of all
existing and proposed monuments shall be shown. Standard
City monuments shall be set at (or from off-sets as
approved by the City Engineer) the following locations:
(1) The intersection of street centerlines.
(2) Beginning and end of curves in
centerlines.
(3) At other locations as may be required by
the city Engineer.
(g) Lot Numbers. Lot numbers shall begin with the
nnmi'>er 1 in each subdivision and shall continue
consecutively with no omissions or duplications except
where contiguous lands, under the same ownership, are
being subdivided in successive units, in which event lot
numbers may begin with the next consecutive number
following the last number in the preceding unit. Each lot
shall be shown entirely on one sheet of the final
subdivision map, unless approved by the City Engineer.
(h) city Boundaries. city boundaries which cross or
join the sUbdivision shall be clearly designated.
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(i) str..t 11_... The names of all streets, alleys,
or highways within or adjoining the subdivision shall be
shown.
(j) Eas_ents. Easements for roads or streets,
paths, storm water drainage, sanitary sewers or other
public use as may be required, shall be dedicated to the
pUblic for acceptance by the City or other public agency,
and the use shall be specified on the final subdivision
map. If at the time the final subdivision map is
approved, any streets, paths, alleys or storm drainage
easements are not accepted by the city council, the offer
of dedication shall remain open and the City council may,
by resolution at any later date, accept and open the
streets, paths, alleys or storm drainage easements for
public use, which acceptance shall be recorded in the
office of the County Recorder.
All easements of record shall be shown on the final
subdivision map, together with the name of the grantee
and sufficient recording data to identify the conveyance,
e.g., recorder's serial number and date, or book and page
of official records.
Easements not disclosed by the records in the office
of the County Recorder and found by the surveyor or
engineer to be existing, shall be specifically designated
on the final SUbdivision map, identifying the apparent
dominant tenements for which the easements was created.
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The sidelines of all easements of record shall be
shown by dashed lines on the final sUbdivision map with
the widths, lengths and bearings of record. The width and
location of all easements shall be approved by the city
Engineer.
(k) Subdivi.ion zaprov...nt Agr....nt.. If, at the
time of approval of the final map, any public
improvements required pursuant to this Chapter have not
been completed and accepted in accordance with the
conditions of the tentative map, the subdivider shall
enter into an agreement with the City to either complete
the improvements at the subdividers expense or to create
a special assessment for the financing and completion of
such improvements. The city shall require a security
guarantee for the completion of any such improvements.
(1) For subdivisions of air space, an exploded
isometric view of all airspace lots shall be provided.
Also section details, including vertical limits for all
lots and pUblic easements within the sUbdivision shall be
furnished.
SECTION 7. section 9.20.20.030 is added to the Santa Monica
Municipal Code to read as follows:
'.20.20.030 Air space Subdivision.
For air space subdivisions, minimum lot size, lot
dimension and lot area requirements, parking
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requirements, setback requirements, building density
limitations, building envelope limitations, yard
requirements, landscaping requirements, inclusionary
housing requirements, Building Code and other technical
code requirements, and other standards affecting the
development of the property shall be determined for the
air space lots as if all lots in the air space
subdivision were merged into the same lot. All tentative
maps creating air space lots, other than condominiums,
community apartments, or cooperative apartments, shall be
conditioned upon the recordation, prior to final map
approval, of deed restrictions, or other instruments in
a form acceptable to the city Attorney, which:
(a) ensure that the air space lots have access to
appropriate pUblic rightS-Of-way by means of one or more
easements or other entitlements to use, in a form
satisfactory to the City Engineer; and
(b) restrict each lot so that minimum lot size,
dimension and area requirements, parking requirements,
setback requirements building density limitations,
building envelope limitations, yard requirements,
landscaping requirements, inclusionary housing
requirements, Building Code and other technical code
requirements, and other standards affecting the
development of the property are determined for the air
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space lots as if all lots in the air space subdivision
were merged into the same lot.
SECTION 8. 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 effect
the provisions of this Ordinance.
SECTION 9. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional 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.
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SECTION 10. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause this ordinance, or a summary thereof to be published once in
the official newspaper within 15 days after its adoption. This
Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
}J~(dif.t~~
City Att ey
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Mayor
State of CalIfornIa )
County of Los Angeles) ss
CIty of Santa Maruca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa Maruca, do hereby certIfy that the foregomg
OrdInance No 1842 (CCS) had Its fIrst readIng on Februarv 13. 1996 and had Its second
readmg on February 27. 1996 and was passed by the folloWIng vote
Ayes CouncIl members Abdo, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes CouncIl members None
Abstam Councll members None
Absent Council members Ebner
ATTEST
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Clty Clerk