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`CA:RMM:r
'City Council Meeting 5-25-82 Santa Monica, California
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STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Extending With Modifications the
Interim Permit Procedures
INTRODUCTION
On September 1, 1981, the City Council adopted Ordi-
nance Number 1220 (CCS) establishing interim permit pro-
cedures. Pursuant to Section 7, Ordinance Number 1220 (CCS)
expires on July 1, 1982. Because the planning process has
not been completed, this staff report recommends an extension
of the interim permit procedures with certain modifications.
ANALYSIS
On April 22, 1981, the City Council adopted an emer-
gency ordinance establishing a moratorium in the City of
Santa Monica. The Emergency Building Moratorium expired on
October 1, 1981.
On September 1, 1981, the City Council established
interim permit procedures by the adoption of Ordinance Number
1220 (CCS). This ordinance lifted the moratorium and has
resulted in numerous projects proceeding with the approval of
the Planning Commission.
MA`s 2 5 i982
On October 27, 1981, the City Council adopted Resolu-
tion Number 6385 (CCS). This resolution indicated the in-
tention of the City Council to change zoning and established
guidelines for decision-making under the interim permit
procedures. Parts of Resolution Number 6385 (CCS) establish-
ing interim development fees were preliminarily enjoined in
United Brotherhood of Carpenters v. City of Santa Monica.
During the period of the moratorium and interim permit
procedures, considerable progress has been made in evaluating
various long-term planning proposals. A draft housing ele-
ment has been completed and is currently before the Planning
Commission. In addition, the Planning Commission has held a
number of public hearings on the zoning proposals contained
in Resolution Number 6385 (CCS) and the recommendations of
the Commercial and Industrial Task Force, the Residential
Task Force and the Permit Process and Neighborhood Planning
Task Force.
The complexity of many of the proposals has dictated
that careful study rather than quick action guide the plan-
ning process. Thus, because of careful scrutiny of an envir-
onmental impact report, the housing element has not yet been
forwarded to the City Council for action. It is anticipated
that the housing element will be forwarded to the City
Council in June.
Many of the public hearings in response to Resolution
Number 6385 (CCS) have resulted in thoughtful comments being
made by the public and by such groups as the Chamber of
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Commerce. The Planning Commission has expressed legitimate
concern that it does not have all of the information neces-
sary to evaluate the rezoning recommendations.
The process before the Planning Commission has high-
lighted a major problem in proceeding with rezoning. As the
City Council is aware, a fundamental land use concept is that
zoning should be in conformity with the general plan. A
carefully developed general plan should form the foundation
for zoning implementation.
In the past few years, considerable effort has been
directed toward development of a housing element of the
general plan. Once adopted, the housing element will provide
the support necessary for a variety of housing programs.
Although the housing element is a central part of the
general plan, it is only one of nine elements mandated by
Government Code Section 65302. An equally important element
of the general plan is the land use element. Government Code
Section 65302(a) describes the required features of a land
use elements
A land use element which designates
the proposed general distribution and
general location and extent of uses
of the land for housing, business,
industry, open space, including agri-
culture, natural resources, recre-
ation, and enjoyment of scenic
beauty, education, public buildings
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and grounds, solid and liquid waste
disposal facilities, and other cate-
gories of public and private uses of
land. The land use element shall
include a statement of the standards
of population density and building
intensity recommended for the various
districts and other territory covered
by the plan. .
The City's land use element was adopted in 1958. It
has not been comprehensively reviewed or revised since its
initial adoption over 25 years ago. In the past, the Plan-
ning Department started to revise the land use element
consistent with City Council action on July 8, 1975, adopting
General Plan Goals and Objectives. However, limited planning
resources have prevented substantial progress toward adoption
of a revised land use element.
After much thought, it is the opinion of the City
Attorney that the best way to implement land use changes and
support them should litigation be commenced is through adop-
tion of a revised land use element. Once the new land use
element is adopted, zoning changes can be adopted as a
logical step in bringing zoning into consistency with the
general plan.
During the pendency of revising the land use element,
it is appropriate to continue interim permit procedures in
place. The problems that the City Council confronted last
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year in adopting an emergency building moratorium were the
consequence of planning and zoning laws failing to keep pace
with the needs and desires of the community.
During the last year, the City has made rapid strides
toward modernization of its land use policies and ordinances.
The long-awaited adoption of the housing element will satisfy
an important requirement of state law. The City has also
recently undertaken a series of studies on development fees.
Once completed, the foundation will be established for any
development fee program the City Council desires to imple-
ment. Likewise, the adoption of a revised land use element
will lay the foundation for any major zoning changes the City
Council desires to adopt.
The accompanying ordinance proposes to extend the
interim permit procedures established by Ordinance Number
1220 (CCS) with a number of modifications. The following is
a section-by-section analysis of the proposed ordinance:
Section 1. Section 1 contains the findings and purpose
for extending interim permit procedures.
Section 2. Section 2 continues the prohibition against
approval of tentative subdivision maps and continues the pro-
hibition against extension of tentative subdivision maps.
Because the City does not have a housing element meeting the
requirements of Government Code Section 65302(c), it is the
opinion of the City Attorney that this section is legally
required. As soon as the housing element is adopted, this
section will be of no further force or effect.
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Section 3. Section 3 directs the preparation of a
revised land use element. In so doing, the section indicates
that the proposals for rezoning contained in Resolution Num-
ber 6385 (CCS) shall be considered in revising the land use
element. The section also indicates that Resolution Number
6385 will no longer operate as a resolution of intention to
change zoning.
Section 4. Section 4 specifies the development that
can occur after July 1, 1982, without an interim development
permit. A development may proceed without an interim devel-
opment permit if it falls within one of the 13 categories
specifically set forth in Section 4. The following develop-
ments are specifically set forth:
1. All building activity permitted under the Municipal
Code in the R-1 District and any remodeling of one-family
dwellings in any other district.
2. Rental housing for persons and families of low and
moderate income or senior citizens that is subsidized by
federal or state housing assistance programs or owned by a
religious or other non-profit organization.
3. Alterations of any building or structure unless the
total gross floor area of the building will be enlarged by
greater than 10~.
4. Condominium conversions for which a final subdivi-
Sion map has been issued prior to October 1, 1981, and for
which approval has been obtained from the Santa Monica Rent
Control Board.
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5. Public works projects.
6. Signs.
7. Developments for which a vested right determination
is granted under the ordinance.
8. Developments for which a vested right or hardship
was granted under the Emergency Building Moratorium or Ordi-
nance Number 1220 (CCS), provided that the building permit
for such development has not expired pursuant to the provi-
sions of the Building Code.
9. Developments for which a building permit was law-
fully obtained during the period of the Emergency Building
Moratorium provided that the building permit for such devel-
opment has not expired pursuant to the provisions of the
Building Code.
10. Developments for which an exemption determination
was made by the City Council in connection with a housing
authority agreement under Section 3(b) of the Emergency
Building Moratorium provided that the building permit for
such development has not expired pursuant to the provisions
of the Building Code.
11. Developments for which a development agreement is
approved by the City Council or for which an interim develop-
ment permit was granted under Ordinance Number 1220 (CCS).
12. A change of use that does not involve more than
$ 100,000 in improvements or renovations and which is
determined by the Planning Director to be consistent with the
purposes of the ordinance. (This is a significant change
from Ordinance Number 1220 (CCS) and will eliminate a large
number of hearings before the Planning Commission.)
13. Any residential development for which a tentative
subdivision map is approved after adoption of a revised
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housing element.
Section 5. Section 5 indicates that various permits
may only be issued for developments authorized under Sections
3 and 6 of the ordinance.
Section 6. Section 6 identifies the interim permit
procedures established by the ordinance. Developments not
specifically identified in Section 3 of the ordinance may
proceed by making application to the Planning Director. The
application is thereafter set for public hearing before the
Planning Commission which can approve, disapprove, or con-
ditionally approve the application. The decision of the
Planning Commission may be appealed to the City Council.
(The Interim Permit Procedure is similar to the site review
procedure currently required for developments in certain
districts of the City.)
The Planning Commission, or the City Council on appeal,
may approve a permit if it makes the following findings:
1. The development is consistent with the findings and
purpose of the ordinance.
2. The existing and/or proposed rights-of-way for both
pedestrian and automobile traffic will be adequate to accom-
modate the anticipated results of the proposed development
including off-street parking facilities and access thereto.
3. The existing and/or proposed public and/or private
health and safety facilities (including, but not limited to,
sanitary, sewers, storm drains, fire protection devices,
protective services, and public utilities) will be adequate
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to accommodate the anticipated results of the proposed devel-
opment.
4. The proposed plans comply with existing regulations
contained in the Municipal Code.
5. The proposed development will not prejudice the
ability of the City to prepare a revised land use element.
A development will not prejudice the ability of the City to
adopt a revised land use element if the development is in
substantial compliance with Resolution Number 6385 (CCS).
(This finding is similar to a finding the regional and state
coastal commissions were required to make under the Coastal
Act of 1976.)
Under the proposed ordinance, the Planning Commission
has more flexibility than it did under Ordinance Number 1220
(CCS). Under Ordinance Number 1220 (CCS), the Planning
Commission was required to make a consistency finding with
resolutions adopted by the City Council. Under the proposed
ordinance, the Planning Commission is required to find that a
proposed development will not prejudice the ability of the
City to adopt a revised land use element. As the ordinance
indicates, a development will not prejudice the ability to
adopt a revised land use element if the development is in
substantial compliance with Resolution Number 6385 (CCS).
The concept of substantial compliance gives the Planning
Commission grater flexibility while ensuring that the goals
and objectives of the City Council and its citizen task
forces are met.
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Section 7. Section 7 contains a vested rights
procedure. Only someone eligible for a vested right under
the Emergency Building Moratorium would be entitled to a
vested right determination under the new ordinance.
Section 8. Section 8 incorporates the notification and
fee procedures adopted by Ordinance Number 1230 (CCS) for
interim permit procedures applications.
Sections 9-11. Sections 9, 10, and 11 are the standard
sections of any ordinance.
ALTERNATIVES
The principal alternatives available to the City Coun-
cil are:
1. Adopt the accompanying ordinance with such modifi-
cations as the City Council desires.
2. Take no action and allow Ordinance Number 1220
CCS) to expire.
Of the two available alternatives, the adoption of the
accompanying ordinance is best suited to accomplishing the
objectives of the City Council in adopting the Emergency
Building Moratorium and Ordinance Number 1220 (CCS).
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:r
City Council Meeting 5-25-82
ORDINANCE NUMBER
Santa Monica, California
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
EXTENDING WITH MODIFICATIONS
INTERIM DEVELOPMENT PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The City Council
finds and declares:
(a) The City's zoning, planning, subdivision, and
building regulations are under comprehensive review and revi-
Sion in order to ensure that development is consistent with
the public peace, health, and safety.
(b) There exists within the City a housing crisis
because of the serious shortage of housing affordable by per-
sons and families of low and moderate income. New housing
developments in the City have committed scarce land resources
to providing luxury housing unaffordable to most residents of
the City.
(c) The new jobs created by commercial developments in
the City have aggravated the housing crisis by generating
additional demands on the limited supply of housing.
(d) The City adopted a housing element pursuant to
Government Code Section 65302(c) on December 16, 1975. The
housing element has not been revised even though the Califor-
nia Department of Housing and Community Development found on
April 26, 1976, that the housing element failed to comply
with state law. In addition, the housing element does not
meet the guidelines adopted by the California Department of
Housing and Community Development on December 7, 1977, and
located in Subchapter 3 (commencing with Section 6300) of
Chapter 6 of Part 1 of Title 25 of the California Administra-
tive Code.
(e) State planning law requires-that all cities adopt
a housing element meeting the requirements of Government Code
Sections 55580-89 on or before October 1, 1981. Although
this deadline is past, the City is diligently proceeding
with revising its housing element to meet these requirements.
(f) Commercial and residential development in the City
has not taken into account the demand for additional police
and protective services, traffic, energy conservation, sewage
capacity, and the interests of adjoining residential neigh-
borhoods.
(g) The industrial base of the City has been diminish-
ing as already scarce industrial land is being rapidly devel-
oped with commercial uses.
(h) On April 22, 1981, the City Council adopted
Ordinance Number 1205 (CCS) creating an Emergency Building
Moratorium on commercial and residential development. On
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April 28, 1981, the City Council adopted Ordinance Number
1207 (CCS) readopting the Emergency Building Moratorium with
amendments. The Emergency Building Moratorium expired on
October 1, 1981.
(i) Three citizen task forces have made detailed re-
commendations to the City Council on residential development,
commercial and industrial development, and permit processing.
The reports recommend substantial changes in various planning
and zoning requirements to ensure that development is con-
sistent with the public peace, health, and safety.
(j) On Sepember 1, 1981, the City Council adopted
Ordinance Number 1220 (CCS) establishing interim permit
procedures. The interim permit procedures have ensured that
development is consistent with the public peace, health, and
safety.
(k) On October 27, 1982, the City Council adopted
Resolution Number 6385 (CCS) declaring its intention to
change the zoning.
(1) The Planning Commission has held numerous hearings
on the proposed zoning changes. As a result of these hear-
ings, it is apparent that the rezoning anticipated by Resolu-
tion Number 6385 (CCS) cannot be completed without additional
studies.
(m) The City has undertaken a study on the impact of
commercial development and is studying development fees and
exactions.
(n) The land use element of the general plan was
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adopted in 1958 and has not been amended or revised. In
order to ensure that zoning is consistent with the needs of
community, it is necessary and desirable to revise the land
use element of the general plan so that it is consistent with
current land uses and reflects community needs for a balanced
community in the future.
(o) Pending completion of these studies, it is impor-
tant that development procedures ensure that development is
consistent with the public health, safety and welfare, the
orderly development of the community, and the economic
stability of the community.
SECTION 2. Subdivisions. Until such time as the City
Council adopts a revised housing element:
(a) No application for approval of a Tentative Tract
or Parcel Map shall be accepted for processing.
(b) Pursuant to Government Code Section 66473.5, no
Tentative Tract or Parcel Map for which application has been
made shall be approved.
(c) No extension of any Tentative Tract or Parcel Map
shall be granted pursuant to Government Code Section
66452.6.
SECTION 3. Land Use Element. The Planning Department
and Planning Commission shall prepare a revised land use
element of the General Plan. The proposals for zoning
changes contained in Resolution Number 6385 (CCS) shall be
considered in, but shall not limit, the revision of the land
use element. Resolution Number 6385 (CCS) shall no longer
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operate as a resolution of intention to change zoning.
SECTION 4. Development Permitted. The following
development is permitted in the City of Santa Monica without
a development permit under Section 6;
(a) The erection, construction, enlargement,
demolition, or moving of, and excavation and grading for, any
one-family dwelling in the R-1 One-Family Residential Dis-
trict and the alteration, repair, improvement of, enlarge-
ment, or addition to any one-family dwelling in any other
district.
(b) The erection or construction of, and excavation
and grading for, any multiple dwelling intended as rental
housing for persons and families of low or moderate income or
for senior citizens, which is financed by any federal or
state housing assistance or owned by any religious or other
non-profit organization.
(c) The alteration, repair, improvement of or addition
to, any building or structure, unless the total gross floor
area of the building or structure will be enlarged by greater
than 10~.
{d) The conversion to condominiums of any multiple
dwelling that has a final subdivision map prior to October 1,
1981, and has received either a removal permit or a vested
rights determination from the Santa Monica Rent Control
Board.
(e) Public works projects of the City of Santa
Monica.
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(f ) Signs.
(g) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any building or structure for which a vested right
determination is obtained pursuant to Section 7 of this
ordinance.
(h) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any building or structure for which a vested right
determination or hardship was obtained under the Emergency
Building Moratorium or Ordinance Number 1220 (CCS), provided
that the conditions imposed in making any such determination
are satisfied and provided that the building permit has not
expired pursuant to the provisions of the Building Code of
the City of Santa Monica.
(i) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any building or structure for which a building permit
was lawfully issued between April 23, 1981, and September 30,
1981, or for which an exemption was provided by Section 3(e)
of Ordinance Number 1205 (CCS) or Ordinance Number 1207
(CCS), provided that the building permit has not expired
pursuant to the provisions of the Building Code of the City
of Santa Monica.
(j) Any project for which an exemption determination
was made under Section 3(b) of Ordinance Number 1205 (CCS) or
Ordinance Number 1207 (CCS), provided that the building per-
mit has not expired pursuant to the provisions of the
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Building Code of the City of Santa Monica.
(k) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any building or structure for which a development
agreement is approved by the City Council or for which an
interim development permit was granted under Ordinance Number
1220 (CCS).
(1) A change of use that does not involve more than
$ 100,000 in improvements or renovations and which is deter-
mined by the Director of Planning to be consistent with the
purposes of this ordinance.
(m) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any residential building or structure for which a tenta-
tive subdivision map is approved after the date of adoption of
this ordinance in conformity with the revised housing element
to be adopted.
SECTION 5. Permits Authorized. No demolition permit,
building permit, or other permit, including Architectural
Review Board approval but excluding Final Tract Map approv-
al, shall be issued for any development not specifically
authorized by Sections 4 or 6 of this ordinance. No building
permit issued prior to April 22, 1981, for which stop work
orders are in effect shall be valid unless such development
is permitted pursuant to Sections 4 or 6 of this ordinance.
SECTION 6. Permit Procedure. The erection, con-
struction, enlargement, demolition, moving, change of use, or
conversion of, and excavation and grading for, any building
or structure not authorized by Section 4 of this ordinance
may be approved, disapproved, or conditionally approved under
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the following procedures:
(a) Application for the approval of a development
under this Section shall be made with the Planning Director.
Upon receipt of such application, the Planning Director shall
require such additional copies, materials or information as
may be necessary for proper evaluation thereof, and shall
place the matter before the Planning Commission at the
earliest practicable meeting thereof. The matter shall be
set for public hearing in accordance with the provisions of
Santa Monica Municipal Code Section 9148.
(b) Following review and evaluation, the Planning
Commission or the City Council upon appeal or review shall
approve, disapprove, or conditionally approve each applica-
tion and require that written notice of such determination be
communicated to the applicant and appropriate city offi-
cials.
(c) In approving or conditionally approving any appli-
cation, the Planning Commission or City Council upon appeal
or review shall find that:
(1) The development is consistent with the
findings and purpose of this ordinance.
(2) The existing and/or proposed rights-of-way
for both pedestrian and automobile traffic will be adequate
to accommodate the anticipated results of the proposed
development including off-street parking facilities and
access thereto.
(3) The existing and/or proposed public and/or
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private health and safety facilities (including, but not
limited to, sanitary, sewers, storm drains, fire protection
devices, protective services, and public utilities) will be
adequate to accommodate the anticipated results of the
proposed development.
(4) The proposed plans comply with existing
regulations contained in the Municipal Code.
(5) The proposed development will not prejudice
the ability of the City to adopt a revised land use element.
A proposed development will not prejudice the ability of the
City to adopt a revised land use element if the development
is in substantial compliance with Resolution Number 6385
(CCS).
(d) In making its determination, the Planning Commis-
sion or the City Council upon appeal or review may attach
such conditions as it deems necessary to assure that the
criteria set forth in subdivision (c) of this section are
accomplished, including, but not limited to, the establish-
ment of height limits, permitted uses, bulk"limits, setbacks
and parking requirements and the requirement of dedications
for necessary or planned right-of-way or improvement. In
imposing conditions, the Planning Commission or the City
Council on appeal shall specifically consider the relation-
ship between the benefit conferred on the City and the burden
on the public created by the development.
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(e) The approval, disapproval, or conditional approval
by the Planning Commission of any application under this
section may be appealed or reviewed in the manner set forth
in Santa Monica Municipal Code Section 9148.
SECTION 7. Vested Rights Process.
(a) Any person claiming a vested right to be exempt
from Section 6 of this ordinance must substantiate the claims
in a proceeding under this section. In such a proceeding,
the person seeking the vested right shall have the burden of
proof.
(b) Claims of vested rights shall be determined by the
City Council based upon staff recommendations. Claims shall
be filed on a form approved by the City Attorney. The City
Council shall, within 45 days of the date of filing of a
claim, determine whether to grant, deny, or refer the claim
to a hearing examiner for such determination as the City
Council deems necessary. A claim referred to a hearing
examiner shall be decided by the City Council not later than
the adjournment of the second regular City Council meeting
thereafter. Decisions of the City Council shall be review-
able by writ of mandamus, subject to the 90 day time limita-
tion set forth in Santa Monica Municipal Code Section 1400.
(c) A vested right determination can be granted only
if the claimant can demonstrate that it would have been
granted a vested right determination from the Emergency
Building Moratorium adopted on April 22, 1981, had it applied
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for such a determination.
SECTION 8. Notice and Application Fees. Notice and
application fees for hearings and appeals pursuant to Section
6 of this ordinance shall be in accordance with Ordinance
Number 1230 (CCS).
SECTION 9. Expiration, This ordinance shall remain in
effect until 90 days after the date the City Council adopts a
revised land use element after which time it shall be of no
further effect and shall be deemed repealed.
SECTION 10. Inconsistent Provisions. Any provision of
the Santa Monica Municipal Code or appendices thereto incon-
sistent with the provisions of this ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or
modified to that extent necessary to affect the provisions of
this ordinance.
SECTION 11. Severability. 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 competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the
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 12. Execution. The Mayor shall sign and the
City Clerk shall attest to the passage of this ordinance.
The City Clerk shall cause the same to be published once in
the official newspaper within 15 days after its adoption.
The ordinance shall become effective 30 days from its
adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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