HomeMy WebLinkAboutOrdinance #3637 Ord 3-637
ORDINANCE NO. 3637
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
USE CLASSIFICATIONS
The City Council of the City of Huntington Beach does hereby ordain s follows:
SECTION 1. Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
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Sections:
204.02 Applicability
204.04 Uses Not Classified
204.06 Residential Use Classifications
204.08 Public and Semipublic Use Classifications
204.10 Commercial Use Classifications
204.12 Industrial Use Classifications
204.14 Accessory Use Classifications
204.16 Temporary Use Classifications
204.02 Applicability
Use classifications describe one or more uses having similar characteristics, but do not list
every use or activity that may appropriately be within the classification. The Director shall
determine whether a specific use shall be/deemed to be within one or more use classifications
or not within any classification in this itle. The Director may determine that a specific use
shall not be deemed to be within a cla sification, if its characteristics are substantially different
than those typical of uses named wit,in the classification. The Director's decision may be
appealed to the Planning Commissi n.
204.04 Uses Not'C➢a ified
Any new use, or any use that c nnot be clearly determined to be in an existing use
classification, may be incorpo ated into the zoning provisions by a Zoning and Subdivision
Ordinance text amendment, s provided in Chapter 247. Such an incorporation shall not be
effective unless certified by the Coastal Commission as a Local Coastal Program amendment.
204.06 Reside tial Use Classifications
A. Dav Care. Limited or Small-Famil . Non-medical care and supervision of six
or few persons, or eight or fewer persons if two of the persons are six years of
age or older, on a less than 24-hour basis. Children under the age of 10 years
who eside in the home shall be counted for purposes of these limits. This
clas ification includes nursery schools, preschools, and day-care centers for
Yoidren and adults.
B. u Residential. Shared living quarters without separate kitchen.or bathroom
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acilities for each room or unit. This classificatiodkincludes boarding houses; but;a,
excludes residential hotels or motels.
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D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more
than six persons suffering from alcohol problems in need of personal
services, supervision, protection or assistance. This classification includes
only those facilities licensed by the State of California.
E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or
fewer persons in need of personal services, supervision, protection, or
assistance essential for sustaining the activities of daily living. This
classification includes only those services and facilities licensed by the State
of California.
F. Single-Family Residential. Buildings containing one dwelling unit located
on a single lot. This classification includes manufactured homes.
204.08 Public and Semipublic Use Classifications
A. Cemetery. Land used or intended to be used for the burial of human remains
and dedicated for cemetery purposes. Cemetery purposes include
columbariums, crematoriums, mausoleums, and mortuaries operated in
conjunction with the cemetery, business and administrative offices, chapels,
flower shops, and necessary maintenance facilities.
B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or
nonprofit organization primarily for use by members or guests. This
classification includes union halls, social clubs and youth centers.
C. Community and Human Service Facilities.
1. Drug Abuse Centers. Facilities offering drop-in services for persons
suffering from drug abuse, including treatment and counseling
without provision for on-site residence or confinement.
2. Primary Health Care. Medical services, including clinics, counseling and
referral services, to persons afflicted with bodily or mental disease or
injury without provision for on-site residence or confinement.
3. Emergency Kitchens. Establishments offering food for the
"homeless" and others in need.
4. Emergency Shelters. Establishments offering food and shelter
programs for "homeless" people and others in need. This
classification does not include facilities licensed for residential care,
as defined by the State of California, which provide supervision of
daily activities.
5. Residential Alcohol Recovery, General. Facilities providing 24-hour
care for more than six persons suffering from alcohol problems, in
need of personal services, supervision, protection or assistance.
These facilities may include an inebriate reception center as well as
facilities for treatment, training, research, and administrative services
for program participants and employees. This classification includes
only those facilities licensed by the State of California.
6. Residential Care, General. Twenty-four-hour non-medical care for
seven or more persons, including wards of the juvenile court, in need
of personal services, supervision, protection, or assistance essential
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for sustaining the activities of daily living. This classification
includes only those facilities licensed by the State of California.
D. Convalescent Facilities. Establishments providing care on a 24-hour basis
for persons requiring regular medical attention, but excluding facilities
providing surgical or emergency medical services.
E. Cultural Institutions. Nonprofit institutions displaying or preserv' g objects
of interest in one or more of the arts or sciences. This classifi tion includes
libraries, museums, and art galleries.
F. Day Care, Large-Family. Non-medical care and superv' ion for 7 to 12
persons, or up to 14 persons if two of the persons are ix years of age or
older on a less than 24-hour basis. Children under e age of 10 years who
reside in the home shall be counted for purposes q these limits.
H. Emergency Health Care. Facilities providing ergency medical service
with no provision for continuing care on an patient basis.
I. Government Offices. Administrative, cl ical, or public contact offices of a
government agency, including postal f ilities,together with incidental
storage and maintenance of vehicles.
J. Heliports. Pads and facilities ena ing takeoffs and landings by helicopter.
K. Hospitals. Facilities providing edical, surgical,psychiatric, or emergency
medical services to sick or in' red persons, primarily on an inpatient basis.
This classification includes * cidental facilities for out-patient treatment, as
well as training,research, and administrative services for patients and
employees.
L. Maintenance and Serv' e Facilities. Facilities providing maintenance and
repair services for vehicles and equipment, and materials storage areas. This
classification includ s corporation yards, equipment service centers, and
similar facilities.
M. Marinas. A boa asin with docks, mooring facilities, supplies and
equipment for small m boats.
N. Park and Rec eation Facilities. Noncommercial parks, playgrounds,
recreation f ilities, and open spaces.
O. Public Sa tv Facilities. Facilities for public safety and emergency services,
includin police and fire protection.
P. Reli io s Assembl . Facilities for religious worship and incidental religious
educa on, but not including private schools as defined in this section.
Q. Scho is Public or Private. Educational institutions having a curriculum
com arable to that required in the public schools of the State of California.
R. Utl ities Ma'or. Generating plants, electrical substations, above-ground
/elctrical transmission lines, switching buildings, refuse collection, transfer,
ycling or disposal facilities, flood control or drainage facilities, water or
stewater treatment plants, transportation or commune.cations,:utiiities,;andilar facilities of public agencies or public utilities:", < k' w
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S. Utilities, Minor. Utility facilities that are necessary to support legally
established uses and involve only minor„structures such as electrical
distribution lines, underground water and sewer lines, and recycling and
collection containers.
204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or
transportation, including incidental storage and maintenance of vehicles as
regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding. Provision of shelter and care for small animals on
a commercial basis. This classification includes activities such as
feeding, exercising, grooming, and incidental medical care, and
kennels.
2. Animal Grooming. Provision of bathing and trimming services for
small animals on a commercial basis. This classification includes
boarding for a maximum period of 48 hours.
3. Animal Hospitals. Establishments where small animals receive
medical and surgical treatment. This classification includes only
facilities that are entirely enclosed, soundproofed, and air-
conditioned. Grooming and temporary(maximum 30 days)boarding
of animals are included, if incidental to the hospital use.
4. Animals: Retail Sales. Retail sales and boarding of small animals,
provided such activities take place within an entirely enclosed
building. This classification includes grooming, if incidental to the
retail use, and boarding of animals not offered for sale for a
maximum period of 48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction in
horseback riding, including rings, stables, and exercise areas.
6. Pet Cemetery. Land used or intended to be used for the burial of
animals, ashes or remains of dead animals, including placement or
erection of markers, headstones or monuments over such places of
burial.
C. Artists' Studios. Work space for artists and artisans, including individuals
practicing one of the fine arts or performing arts, or skilled in an applied art
or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail
banking services to individuals and businesses. This classification includes
only those institutions engaged in the on-site circulation of cash money. It
also includes businesses offering check-cashing facilities.
1. With Drive-up Service. Institutions providing services accessible to
persons who remain in their automobiles.
E. Building Materials and Services. Retailing, wholesaling, or rental of
building supplies or equipment. This classification includes lumber yards,
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tool and equipment sales or rental establishments, and building contractors'
yards, but,excludes establishments devoted exclusively to retail sales of paint
and hardware, and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering_Services. Preparation and delivery of food and beverages for off
site consumption without provision for on-site pickup or consumption. ee
also Eating and Drinking Establishments.)
G. Commercial Filming. Commercial motion picture or video phot graphy at
the same location more than six days per quarter of a calendar ear. (See
also Chapter 5.54, Commercial Photography)
H. Commercial Recreation and Entertainment. Provision o participant or
spectator recreation or entertainment. This classificati n includes theaters,
sports stadiums and arenas, amusement parks, bowli g alleys, billiard parlors
and poolrooms as regulated by Chapter 9.32; danc alls as regulated by
Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses,
scale-model courses, shooting galleries,tennis/ cquetball courts,
health/fitness clubs, pinball arcades or electro is games centers, cyber cafd
having more than 4 coin-operated game ma ines as regulated by Chapter
9.28; card rooms as regulated by Chapter 24; and fortune telling as
regulated by Chapter 5.72.
1. Limited. Indoor movie theate s, game centers and performing arts
theaters and health/fitn7aasting,
bs occupying less than 2,500 square
feet.
I. Communications Facilities. B recording, and other
communication services accopiplished through electronic or telephonic
mechanisms, but excluding tilities (Major). This classification includes
radio, television, or record' g studios; telephone switching centers; telegraph
offices; and wireless com unication facilities. (3334-6/97,3378-2/98,3568-9/02))
J. Eatingand Drinking E ablishments. Businesses serving prepared food or
beverages for consum tion on or off the premises.
1. With Fast-F. od or Take-Out Service. Establishments where patrons
order and 'y for their food at a counter or window before it is
consume�nd may either pick.up or be served such food at a table or
t/ke -site for consumption.
aive-through. Service from a building to persons in vehicles
ough an outdoor service window.
bmited. Establishments that do not serve persons in vehicles
at a table.
2. With Live Entertainment/Dancin . An eating or drinking
establishment where dancing and/or live entertainment is allowed.
This classification includes nightclubs subject to the requirements of
Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site
prkparation and consumption. Typical uses include groceries, liquor--stores;a
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�r delicatessens. Establishments at which 20 percent"o'r4ino"re of,the
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transactions are sales of prepared food for on-site or take-out consumption
shall be classified as Catering Services or Eating and Drinking
Establishments.
1. With Alcoholic Beverage Sales. Establishments where more than 10
percent of the floor area is devoted to sales, display and storage of
alcoholic beverages.
L. Food Processing. Establishments primarily engaged in the manufacturing or
processing of food or beverages for human consumption and wholesale
distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the
provision of services involving the care, preparation or disposition of human
dead other than in cemeteries. Typical uses include crematories,
columbariums, mausoleums or mortuaries.
N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a
commercial enterprise.
O. Laboratories. Establishments providing medical or dental laboratory
services; or establishments with less than 2,000 square feet providing
photographic, analytical, or testing services. Other laboratories are classified
as Limited Industry.
P. Maintenance and Repair Services. Establishments providing appliance
repair, office machine repair, or building maintenance services. This
classification excludes maintenance and repair of vehicles or boats; see
(Vehicle/Equipment Repair).
Q. Marine Sales and Services. Establishments providing supplies and
equipment for shipping or related services or pleasure boating. Typical uses
include chandleries, yacht brokerage and sales, boat yards, boat docks, and
sail-making lofts.
R. Nurseries. Establishments in which all merchandise other than plants is kept
within an enclosed building or a fully screened enclosure, and fertilizer of
any type is stored and sold in package form only.
S. Offices, Business and Professional. Offices of firms or organizations
providing professional, executive, management, or administrative services,
such as architectural, engineering, graphic design, interior design, real estate,
insurance, investment, legal, veterinary, and medical/dental offices. This
classification includes medical/dental laboratories incidental to an office use,
but excludes banks and savings and loan associations.
T. Pawn Shops. Establishments engaged in the buying or selling of new or
secondhand merchandise and offering loans secured by personal property
and subject to Chapter 5.36 of the Municipal Code.
U. Personal Enrichment Services. Provision of instructional services or
facilities, including photography, fine arts, crafts, dance or music studios,
driving schools, business and trade schools, and diet centers, reducing
salons, fitness studios, yoga or martial arts studios, and massage in
conjunction with Personal Services business.
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V. Personal Services. Provision of recurrently needed services of a personal
nature. This classification includes barber.and beauty shops, seamstresses,
tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale
bulk cleaning plants), photo-copying, and self-service laundries.
W. Research and Development Services. Establishments primarily engaged in
industrial or scientific research, including limited product testing. This
classification includes electron research firms or pharmaceutical research
laboratories, but excludes manufacturing, except of prototypes, or medic
testing and analysis.
X. Retail Sales. The retail sale of merchandise not specifically list under
another use classification. This classification includes dep ent stores,
drug stores, clothing stores, and furniture stores, and busi sses retailing the
following goods: toys, hobby materials, handcrafted ite s,jewelry, cameras,
photographic supplies, medical supplies and equipm t, electronic
equipment, records, sporting goods, surfing boards d equipment, kitchen
utensils, hardware, appliances, antiques, art sup es and services, paint and
wallpaper, carpeting and floor covering, offic upplies,bicycles, and new
automotive parts and accessories (excludin ervice and installation).
Y. Secondhand Appliances and Clothing S es. The retail sale of used
appliances and clothing by secondha dealers who are subject to Chapter
5.36. This classification excludes tique shops primarily engaged in the
sale of used furniture and accesso es other than appliances, but includes
junk shops.
Z. Sex Oriented Businesses. E ablishments as regulated by Chapter 5.70;
baths, sauna baths and ma age establishments, as regulated by Chapter 5.24;
and figure model studios s regulated by Chapter 5.60.
AA. SwapMeets Indoor4 ea Markets. An occasional, periodic or regularly
scheduled market d within a building where groups of individual vendors
offer goods for salheto the public.
BB. Swap Meets Re urrin . Retail sale or exchange of handcrafted or
secondhand m chandise for a maximum period of 32 consecutive hours,
conducted by sponsor on a more than twice yearly basis.
CC. Tattoo Esta lishment. Premises used for the business of marking or coloring
the skin w' h tattoos as regulated by Chapter 8.70.
DD. Travel rvices. Establishments providing travel information and
reserva ions to individuals and businesses. This classification excludes car
rental gencies.
EE. Veh'cle/E ui ment Sales and Services.
1. Automobile Rentals. Rental of automobiles, including storage and
incidental maintenance, but excluding maintenance requiring
pneumatic lifts.
2. Automobile Washing. Washing, waxing, or cleaning of automobiles
or similar light vehicles.
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3. Commercial Parking Facility. Lots offering short-term or long-term
parking to the public for a fee.
4. Service Stations. Establishments engaged in the retail sale of gas,
diesel fuel, lubricants, parts, and accessories. This classification
includes incidental maintenance and minor repair of motor vehicles,
but excluding body and fender work or major repair of automobiles,
motorcycles, light and heavy trucks or other vehicles.
5. Vehicle/Equipment Repair. Repair of automobiles, trucks,
motorcycles, mobile homes, recreational vehicles, or boats, including
the sale, installation, and servicing of related equipment and parts.
This classification includes auto repair shops, body and fender shops,
transmission shops, wheel and brake shops, and tire sales and
installation, but excludes vehicle dismantling or salvage and tire
retreading or recapping.
a. Limited. Light repair and sale of goods and services for
vehicles, including brakes, muffler, tire shops, oil and lube,
and accessory uses, but excluding body and fender shops,
upholstery,painting, and rebuilding or reconditioning of
vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,
motorcycles, trucks, tractors, construction or agricultural equipment,
manufactured homes,boats, and similar equipment, including storage
and incidental maintenance.
7. Vehicle Storage. Storage of operative or inoperative vehicles. This
classification includes storage of parking tow-aways, impound yards,
and storage lots for automobiles, trucks, buses and recreational
vehicles, but does not include vehicle dismantling.
FF. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less
than weekly basis in a converted single-family or multi-family
dwelling or a building of residential design, with incidental eating
and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or
less than weekly basis. Motels may have kitchens in no more than 25
percent of guest units, and "suite" hotels may have kitchens in all
units. This classification includes eating, drinking, and banquet
service associated with the facility.
GG. Warehouse and Sales Outlets. Businesses which store large inventories of
goods in industrial-style buildings where these goods are not produced on the
site but are offered to the public for sale.
HH. Quasi Residential
1. Residential Hotels. Buildings with 6 or more guest rooms without
kitchen facilities in individual rooms, or kitchen facilities for the
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exclusive use of guests, and which are intended for occupancy on a
weekly or monthly basis.
2. Sin loom Occupancy. Buildings designed as a residential el
consisting of a cluster of guest units providing sleeping and ' ing
facilities in which sanitary facilities and cooking facilities e
provided within each unit;tenancies are weekly or mon y.
3. Time-Share Facilities. A facility in which the purc ser receives the
right in perpetuity, for life or for a term of years, t the recurrent
exclusive use or occupancy of a lot,parcel, unit r segment of real
property, annually or on some other periodic b sis for a period of
time that has been or will be allocated from e use or occupancy
periods into which the plan has been divid . A time-share plan may
be coupled with an estate in the real prop y or it may entail a
license or contract and/or membership r' ht of occupancy not
coupled with an estate in the rea/rilypengaged
rty.
204.12 Industrial Use Classifications
A. Industry, Custom. Establishments prim in on-site production of
goods by hand manufacturing involvi g the use of hand tools and small-scale
equipment.
1. Small-scale. Includes mechanical equipment not exceeding 2
horsepower or a single kX* rn not exceeding 8 kilowatts and the
incidental direct sale to consumers of only those goods produced on-
site. Typical uses inclpde ceramic studios, candle-making shops, and
custom jewelry manufacture.
B. Industryy, General. Manufacturing of products, primarily from extracted or
raw materials, or bulk st,�rage and handling of such products and materials.
Uses in this classification typically involve a high incidence of truck or rail
traffic, and/or outdoor/storage of products, materials, equipment, or bulk
fuel. This classification includes chemical manufacture or processing, food
processing and packaging, laundry and dry cleaning plants, auto dismantling
within an enclosedbuilding, stonework and concrete products manufacture
(excluding concrete ready-mix plants), small animal production and
processing within an enclosed building, and power generation.
C. Industry, Limited. Manufacturing of finished parts or products, primarily
from previodsly prepared materials; and provision of industrial services, both
within an enclosed building. This classification includes processing,
fabrication; assembly, treatment, and packaging, but excludes basic
industriprocessing from raw materials and Vehicle/Equipment Services,
but doe allow food processing for human consumption.
D. Indus,", Research and Development. Establishments primarily engaged in
the search, development, and controlled production of high-technology
electronic, industrial or scientific products or commodities for sale, but
pThibits uses that may be objectionable in the opinion of the Director, by
r ason of production of offensive odor, dust, noise, vibration, or in the
pinion of the Fire Chief by reason of storage of hazardous materials. Uses
include aerospace and biotechnology firms, and nori'�.,-,,toxic,`'computer,=v,,z
component manufacturers. 19
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This classification also includes assembly,testing and repair of components,
devices, equipment, systems, parts and components such as but not limited to
the following: coils, tubes, semi-conductors; communication, navigation,
guidance and control equipment; data processing equipment; filing and
labeling machinery; glass edging and silvering equipment; graphics and art
equipment; metering equipment; optical devices and equipment;
photographic equipment; radar, infrared and ultraviolet equipment; radio and
television equipment.
This classification also includes the manufacture of components, devices,
equipment, parts and systems which includes assembly, fabricating, plating
and processing,testing and repair, such as but not limited to the following:
machine and metal fabricating shops, model and spray painting shops,
environmental test, including vibration analysis, cryogenics, and related
functions, plating and processing shops, nuclear and radioisotope.
This classification also includes research and development laboratories
including biochemical and chemical development facilities for national
welfare on land, sea, or air; and facilities for film and photography,
metallurgy; pharmaceutical, and medical and x-ray research.
E. Wholesaling, Distribution and Storage. Storage and distribution facilities
without sales to the public on-site or direct public access except for recycling
facilities and public storage in a small individual space exclusively and directly
accessible to a specific tenant. This classification includes mini-warehouses.
204.14 Accessory Use Classifications
Accessory Uses and Structures. Uses and structures that are incidental to the principal
permitted or conditionally permitted use or structure on a site and are customarily found on
the same site. This classification includes detached or attached garages, home occupations,
caretakers' units, and dormitory type housing for industrial commercial workers employed
on the site, and accessory dwelling units.
204.16 Temporary Use Classifications
A. Animal Shows. Exhibitions of domestic or large animals for a maximum of
seven days.
B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking
facilities, live entertainment, animal exhibitions, or similar activities in a tent
or other temporary structure for a maximum of seven days. This
classification excludes events conducted in a permanent entertainment
facility.
C. Commercial Filming, Limited. Commercial motion picture or video
photography at a specific location six or fewer days per quarter of a calendar
year. (See also Chapter 5.54, Commercial Photography)
D. Personal Property Sales. Sales of personal property by a resident ("garage
sales") for a period not to exceed 48 consecutive hours and no more than
once every six months.
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E. Real Estate Sales. An office for the marketing, sales, or rental of residential,
commercial, or industrial development. This classification includes "model
homes."
F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a
legally established retail business for a period not to exceed 96 conse tive
hours (four days) no more than once every 3 months.
G. Seasonal Sales. Retail sales of seasonal products, including C istmas trees,
Halloween pumpkins and strawberries.
H. Street Fairs. Provision of games, eating and drinking fa ' ities, live
entertainment, or similar activities not requiring the us of roofed structures.
I. Trade Fairs. Display and sale of goods or equipm t related to a specific
trade or industry for a maximum period of five d ys per year.
J. Temporary Event. Those temporary activitie located within the coastal
zone that do not qualify for an exemption rsuant to Section 245.08.
K. Tent Event. Allows for the overflow o religious assembly for a period not
to exceed 72 consecutive hours and n more than once every 3 months.
SECTION 2. This ordinance shall become e ective 30 days after its adoption.
PASSED AND ADOPTED by the City C uncil of the City of Huntington Beach at a
regular meeting thereof held on the day f , 2004.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk rn I,
4City[AttorneyO�
REVIEWED AND APPROVED:
1NITIA D AND APPROVED:
City dministrator
Director of Planning
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