HomeMy WebLinkAbout092-2013RESOLUTION NO. 92-2013
APPROVING ZONING TEXT AMENDMENT REQUEST AND PRELIMINARY
DEVELOPMENT PLAN - REZONING REQUEST LEG13 -02 (ZTA & PUD) FOR THE
4.26 + /- ACRE DANVILLE OFFICE PARTNERS LLC PROPERTY AND
ESTABLISHING FINDINGS AND CONDITIONS OF APPROVAL FOR LEG13 -02
(ZTA & PUD) AND ESTABLISHING DEVELOPMENT STANDARDS TO BE
OBSERVED BY ANY SUBSEQUENT FINAL DEVELOPMENT PLAN REQUEST
THAT PURSUES AUTHORIZATION TO DEVELOP THE DANVILLE OFFICE
PARTNERS LLC PROPERTY
(372 -383 Diablo Road - APN 216- 120 -037)
SECTION 1. LEGISLATIVE INTENT
WHEREAS, the Danville 2030 General Plan (2030 Plan), as adopted on March 19, 2013,
provides, in part, direction on the Town's development review process and its long -
range planning activities, with the goals, policies, and implementation measures
contained in the 2030 Plan guiding the decision - making related to those functions; and
WHEREAS, as required by State law, all elements of the 2030 Plan must be internally
consistent, with goals, policies, and implementation measures structured to not conflict
irreconcilably with one another; and
WHEREAS, future development within the Town must conform to the 2030 Plan and
related development regulations, with each discretionary action on a development
proposal required to be accompanied by a finding of general plan conformity and a
citation of the relevant policies in the General Plan which are the basis for action; and
WHEREAS, the 2030 Plan changed the land use designation of the 4.26 + /- acre
Danville Office Partners LLC Property (commonly known as APN 216- 120 -037 and
further identified as 372 -383 Diablo Road) from DBD; Downtown Business District Area
6 - Business and Professional Office to DBD; Downtown Business District Area 12 -
Multifamily Residential High Density (25 -30 units per acre); and
WHEREAS, LEG13 -02 (ZTA & PUD) serves in part to amend Division 32 -45 DBD;
Dozcmtozm Business District of the Danville Municipal Code to create development
standards for the newly created Area 12 - Multifamily Residential High Density land
use designation of the 2030 Plan; and
WHEREAS, in recognition of the requirements set forth in State Bill SB 2, LEG13 -02
(ZTA & PUD) serves to amend Division 32 -45 DBD; Dou7ntou)n Business District to
include emergency shelters as an allowed use in DBD Area 3 - Old Town Mixed Use
District; and
WHEREAS, the DBD; Downtown Business District serves as the Preliminary
Development Plan - Rezoning for Danville's Downtown Area, providing the P -1;
Planned Unit Development zoning district that provides the development standards for
the Downtown Area; and
WHEREAS, a P -1; Planned Unit Development zoning district may be used to classify
and implement any land use designation where the uses authorized in the P -1; Planned
Unit District are found to be consistent with pertinent General Plan land use
designation and with applicable goals and policies of the General Plan; and
WHEREAS, a P -1; Planned Unit Development zoning district may also be used as an
interim zoning district to achieve consistency with the General Plan land use
designations until such time, if ever, that a separate and subsequent developer- initiated
Preliminary Development Plan - Rezoning request is submitted and approved; and
WHEREAS, the Environmental Impact Report prepared for the 2030 Plan (the General
Plan EIR) was a Program EIR which evaluated the general impacts arising from the
adoption and implementation of the 2030 Plan, rather than site - specific or development
proposal- specific impacts as provided for by CEQA Guidelines Section 15168(a); and
WHEREAS, the General Plan EIR's evaluation of the general impacts arising from the
adoption of the 2030 Plan provides sufficient and adequate environmental review for
the potential environmental impacts that can be reasonably anticipated to arise as a
result of the approval of Zoning Text Amendment and Preliminary Development Plan -
Rezoning request LEG13 -02 (ZTA & PUD), while site - specific impacts will be assessed
upon submittal of a Final Development Plan request to develop any property affected
by the changes implemented by the approval of LEG13 -02 (ZTA & PUD); and
WHEREAS, to assure that a desirable and appropriately integrated development plan is
secured for the Danville Office Partners LLC Property, it is appropriate to establish
development criteria and standards through LEG13 -02 (ZTA & PUD), including, but
not limited to establishing supplemental submittal requirements for any subsequently
filed Final Development Plan request proposing multifamily use of the property,
requiring the Plan to assess and address: potential visual impacts to a designated scenic
route, potential traffic impacts, potential impacts to protected trees, potential impacts to
biological resources, potential stormwater impacts, potential impacts associated with
the property's soil and geotechnical characteristics, potential noise impacts, and
potential air quality issues; and
WHEREAS, the Planning Commission did review and recommend the Town Council
approve the project at a noticed public hearing on October 8, 2013; and
PAGE 2 OF RESOLUTION 92 -2013
WHEREAS, the Danville Town Council did review the project at a noticed public
hearing on November 5, 2013; and
WHEREAS, the public notice of this action was given as required by law; and
WHEREAS, a staff report was submitted recommending that the Danville Town
Council approve the request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Town Council approves Zoning Text Amendment request and
Preliminary Development Plan - Rezoning request LEG13 -02 (ZTA & PUD), per the
conditions herein, and makes the following findings in support of this action:
SECTION 2 . FINDINGS OF APPROVAL - LEG13 -02 (ZTA & PUD)
1. It is reasonable to assume approval of LEG13 -02 (ZTA & PUD) will be followed
closely in time by the submittal and approval of a Final Development Plan
request that will provide for the final planning entitlement necessary to allow
development of the Danville Offices Partner LLC Property.
2. The proposed amendment to the DBD zoning regulations and accompanying
zoning map are consistent with the Danville 2030 General Plan, with note taken
in particular of the following policies from the 2030 Plan and the Danville 2007-
2014 Housing Element, a component element of the 2030 Plan:
a. Policy 1.03 - Recognize the need for suitably located housing, civic
facilities, and services for all age groups within the community.
b. Policy 1.04 - Generally guide higher density residential development to
locations within convenient walking distance of shopping centers, and
public transportation.
C. Policy 2.01 - Achieve a high standard of residential design through project
review and approval for all new residential developments.
d. Policy 2.07 - Improve the appearance of the community by encouraging
aesthetically designed buildings, screening, adequate setbacks, and
landscaping.
e. Goal 3 Commercial & Office Development - Maintain and enhance the
Downtown retail area as the central commercial area of Danville while
PAGE 3 OF RESOLUTION 92 -2013
providing for commercial, office, and residential uses of appropriate size
to serve the needs of Danville residents.
f. Policy 3.07 - Where appropriate, encourage the use of shared circulation
and parking.
g. Goal 4 Downtown Danville - Enhance Downtown Danville and its
environs as the center of town, with a mix of retail, office, residential,
civic, and open space uses. Downtown should be a more vibrant and
successful center, with more walkable streets, opportunities to live and
work close to public transportation and shopping, and new housing for
persons of all incomes and ages.
h. Goal 5 Housing - Protect the quality of Danville's residential
neighborhoods while providing opportunities for new housing that meets
community needs.
i. Policy 7.10 - Consistent with the Housing Element of the General Plan,
continue to expand housing opportunities for all income groups. As
required by County Measure J, the Town will biannually report to the
CCTA on its progress in providing housing opportunities, and its efforts
to reduce the impacts of such housing on the transportation system.
j. Policy 14.02 - Require site - specific traffic studies for development that is
likely to generate significant volumes of traffic. If such studies indicate
that the development could cause the Town's transportation standards -to
be exceeded, require modifications to the project and /or impose
transportation improvements requirements which ensure that level of
service standards are maintained.
k. Policy 17.14 - Enhance Danville's trail system by closing gaps in the
existing system, providing adequate access points, and extending trails to
achieve better connectivity to all areas of the town. The trail system
should be logical, comprehensive and user friendly and should provide a
variety of trail experiences, including opportunities for exercise,
encounters with nature, and social walking.
1. Policy 21.10 - Require a biological assessment for development proposed
on sites that are determined to have the potential to contain special- status
species, sensitive natural communities, or wetland resources.
m. Policy 22.01 - Maintain and enhance the natural quality of Danville's
creeks, including the riparian vegetation along the banks. Setbacks should
be maintained along creeks to maintain their natural appearance, reduce
erosion and flood hazards, and protect their ecological functions.
PAGE 4 OF RESOLUTION 92 -2013
n. Policy 27.02 - Require acoustical studies for major residential and other
development projects, as appropriate, and impose noise mitigation
measures accordingly.
o. Policy 27.11 - Ensure that the design of new development near major noise
sources (such as Interstate 680) reduces the potential for future occupants
to be exposed to high levels of noise. Development on such properties
should incorporate appropriate noise mitigation measures.
P. Policy 33.01 - Make land use and transportation decisions which promote
walking and bicycling, and help to sustain public transportation.
q. Policy 33.02 - Encourage reductions in the number of residents commuting
in and out of Danville by car. This can be achieved in part by providing a
better balance between jobs and housing, and providing housing which is
responsive to the types of jobs that exist in Danville.
r. Policy 34.02 - Consider air pollution impacts during the local
Development Review process. Development should be located and
regulated to minimize the emission of direct and indirect air
contaminants.
S. Policy 34.04 - Consistent with CEQA and the measures necessary to
mitigate General Plan impacts, require site - specific air quality studies for
future development under the Plan that includes sensitive receptors (such
as schools, hospitals, daycare centers, or retirement homes) located within
a designated buffer area along Interstate 680.
t. Policy 34.06 - Require indoor air filtration systems to reduce particulate
concentrations to acceptable levels for projects where there would be a
significant cancer risk exposure as defined by BAAQMD.
U. Housing Element Policy 1.7 - To address the projected 2007 - 2014 RHNA
adequate site shortfall of for extremely low and very low income housing
units and the projected 2007 - 2014 RHNA adequate site shortfall of for
low income housing units, amend general plan and zoning regulations,
followed by corresponding land use and zoning redesignations, so as to
assure the provision of adequate sites to meet the State's minimum sites
test for the identified shortfalls.
V. Housing Element Policy 3.02 - Strive to ensure that homeless individuals
and families can obtain decent, suitable and affordable shelter.
W. Housing Element Program 3.2.3. - Consistent with SB 2, and within one
year of the adoption of the 2007 - 2014 Housing Element, initiate and
complete a zoning text amendment review to amend the Danville
PAGE 5 OF RESOLUTION 92 -2013
Municipal Code to permit the establishment of emergency shelters
through a ministerial permit process within DBD; Downtown Business
District Area 3 - Old Town Mixed Use, with such review verifying that
there is sufficient capacity to accommodate the need for the emergency
shelter and to develop at least one shelter.
X. Housing Element Program 3.2.4 - Within one year of the adoption of the
2007 - 2014 Housing Element, amend the Municipal Code to provide a
definition of homeless shelters that is consistent with the definition
contained within Health and Safety Code Section 50801(e).
3. The proposed amendment to the DBD zoning regulations and accompanying
zoning map will lead to the development of a residential and commercial
environment of sustained desirability and stability, and will be in harmony with
the character of the surrounding neighborhood and community;
4. The development of a harmonious, integrated plan will be assured through the
observance of the development standards and requirements established for the
property by this P -1 zoning action, while reasonable and appropriate
development flexibility will be provided for the subsequently filed Final
Development Plan application.
SECTION 3 . CONDITIONS OF APPROVAL- LEG13 -02 (ZTA & PUD)
A. DESIGN OBJECTIVES
To achieve design and aesthetic quality for the Diablo Gateway Special Concern
Area property, the following design objectives shall be addressed through the
submittal material supplied for the Final Development Plan request made for
proposed multifamily use of the Danville Office Partners Property:
1. Building bulk, height, land coverage, visual appearance from adjacent
land, and design compatibility with existing adjoining development and
land which will remain, shall be considered and controlled.
2. The development shall reflect a design that integrates individual buildings
and building groups with the surrounding development and other
physical features in the area.
3. The design of structures shall provide for harmonious composition of
mass, scale, color, and textures, with special emphasis on the transition
from one (1) building type to another, termination of groups of structures,
relationships to streets, exploitation of views, and integration of spaces
PAGE 6 OF RESOLUTION 92 -2013
and building forms with the topography of the site and the character of
the area.
4. Provisions shall be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate
treatment of any public areas or lobbies.
5. Off - street parking and loading areas shall be integrated into the overall
vehicular circulation system.
6. To assure that a desirable an appropriately integrated development plan is
secured, development shall be reviewed and processed as a single Final
Development Plan request.
B. DEVELOPMENT STANDARDS
To achieve the required design and aesthetic quality and to assure the project is
appropriately integrated in the Downtown Area, the application package made
for the Final Development Plan request for proposed multifamily use of the
Danville Office Partners Property shall reflect the following development
standards and shall include the below -cited supplemental application materials:
1. The maximum allowable floor area ratio is eighty percent (80 %) of the net
area available for development (as determined by a planning entitlement
deemed complete for processing), inclusive of all conditioned space.
Project development area associated with enclosed individual garages,
carports, or structured basement parking facilities shall not be assessed
towards a project's floor area ratio calculation.
2. The height limit shall be thirty -seven (37) feet. The height limit for
accessory structures shall be fifteen (15) feet.
3. The minimum building setback requirements shall be as established
through a site - specific Final Development Plan approval. Development
shall set back from the I -680 freeway to the extent feasible to mitigate
potential impacts associated with freeway noise, vibration, and/or air
quality.
4. Development shall be designed to appear as a series of small, separate
buildings rather than as a single large building. Building facades and
setbacks shall be incorporated in project design, to provide articulation of
building massing, as necessary to respect and complement the design
character of existing surrounding development.
PAGE 7 OF RESOLUTION 92 -2013
5. Development shall incorporate porches, stoops, courtyards, and other
similar design features to facilitate the creation of a pedestrian- friendly
scale and project environs.
6. Absent securing authorization for a reduction in the development's
numerical parking requirement through a numerical parking variance
and/or by invoking the numerical parking standards available to projects
under the State Density Bonus regulations, the minimum amount of
parking to be supplied shall conform to subsection 32- 45.34(q) Parking
Standards - Parking Requirements Multi family Residential. Reduction from
the applicable DBD numerical parking requirements set forth in
subsection 32- 45.34(q) may be considered on a project -by- project basis
where housing to be developed is provided for seniors, or where it is
determined that a reduced dependency on personal vehicles can
reasonably be anticipated.
7. Development plans shall reflect the provision of an open space area along
the top of San Ramon Creek, adequate in size to accommodate the
provision of a pedestrian path running parallel to the property's entire
creek frontage.
8. Development plans shall make provision for a pedestrian bridge crossing
of San Ramon Creek, with such crossing to allow an enhanced connection
between the Danville Library and Community Center and Old Town
Danville to that portion of the Downtown Master Plan lying north of San
Ramon Creek. The development shall be responsible for payment of a fair
share portion obligation for the pedestrian crossing, as determined
through the processing of the Final Development Plan request.
C. SUPPLEMENTAL SUBMITTAL REQUIREMENTS FOR APPLICATION FOR
FINAL DEVELOPMENT PLAN
Application materials to be supplied at the time of submittal of a Final
Development Plan application shall, in addition to the submittal requirements
set forth in subsection 32- 63.5(c) Rezoning - Rezoning and Development Plan
Application and subsection 32- 63.6(a) Final Development Plan - Requirements of the
Danville Municipal Code, detail the following:
1. The location, number and dimensional layout of any tandem parking
spaces, motorcycle parking spaces, or bicycle parking spaces proposed for
the project.
PAGE 8 OF RESOLUTION 92 -2013
2. The minimum and average sized of individual private open space areas
(i.e., open or covered private patios and private balconies) proposed for
the project.
3. The location, minimum size, and average size of private storage spaces
proposed for the project.
4. The proposed means to screen proposed above - ground transformers,
meters, and other utilities.
5. The location, design and construction materials proposed for project
fencing and retaining walls.
6. The percent coverage of land by buildings and structures.
7. The location and design of onsite project lighting.
S. The manner by which the project proposes to meet the requirements in
subsection 32 -73 Inclusionary Housing for Affordable Residential Housing of
the Danville Municipal Code.
9. To assure the Final Development Plan request addresses other reasonably
anticipated development issues, the Final Development Plan submittal
shall be accompanied by the following special studies:
a. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 2.07 of the 2030 Plan, the
developer shall be responsible for the preparation of Scenic
Resources Evaluation [Policy 2.07 states: "Improve the appearance of
the community by encouraging aesthetically designed buildings,
screening, adequate setbacks, and landscaping."] The Scenic Resource
Evaluation shall consider the site - specific visual and historic
context, the anticipated sensitivity of identified viewers, and the
extent of visibility.
b. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 14.02 of the Danville 2030
General Plan, the developer shall be responsible for the preparation
of a traffic impact analysis consistent with Contra Costa
Transportation Authority's Technical Procedures.. [Policy 14.02 of
the 2030 Plan states: "Require site - specific traffic studies for
development that is likely to generate significant volumes of traffic. If
PAGE 9 OF RESOLUTION 92 -2013
such studies indicate that the development could cause the Tozan's
transportation standards to be exceeded, require modifications to the
project and /or impose transportation improvements requirements zt)hich
ensure that level of service standards are maintained. "] The traffic
impact analysis study shall, at a minimum, provide:
i. A review of the site plan, internal roadway circulation,
design and location of the project ingress and egress
driveway connections to Diablo Road and their alignment
relative to the existing driveways on the north side of the
roadway.
ii. An assessment of traffic impacts generated by the project on
the nearby roadways and at key intersections along Diablo
Road identified by the Town. This shall include
documentation of the am, midday, and pm peak hour
project trip generation, distribution, and assignment. This
traffic assessment shall be conducted for existing, existing
plus project, and forecasted 2030 scenarios. Roadway
improvements and mitigation measures necessary for
mitigating the impact of the development of the Danville
Office Partners LLC Property with multifamily uses on
nearby intersections along Diablo Road needs to be
identified. This may include the construction of intersection
improvements and potential signalization of the project
driveway and Diablo Road as well as improvements to the I-
680 and Diablo Road off ramp intersections.
iii. A review of the need for the developer to provide current
and /or future cross access easements to allow abutting and
neighboring properties to the west of the property on the
south side of Diablo Road.
iv. An assessment of parking supply and demand to ensure on-
site parking adequacy.
V. An assessment of pedestrian and bicycle access to /from the
site and recommendations for improvement.
C. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 21.06 of the 2030 Plan, the
developer shall be responsible for the preparation of a tree report
PAGE 10 OF RESOLUTION 92 -2013
prepared by a certified arborist. [Policy 21.06 states: "Discourage
activities that u7ould harm the health of existing trees. Prevent the
unnecessary removal and alteration of such trees, including "protected"
trees as defined by the Town's Tree Preservation Ordinance and other
trees that contribute to the scenic beauty of the town. Public and private
improvements should be designed to minimize the removal of mature trees,
regardless of species. If removal is necessary, trees should be replaced u7ith
an appropriate number and species. "]
d. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 21.10 of the 2030 Plan, the
developer shall be responsible for the preparation of a biological
assessment study. [Policy 21.10 states: "Require a biological
assessment for development proposed on sites that are determined to have
the potential to contain special- status species, sensitive natural
communities, or wetland resources. "] The assessment shall be
conducted by a qualified professional and shall determine the
presence or absence of any sensitive resources which could be
affected by proposed development, shall provide an assessment of
the potential impacts, and shall define measures for protecting, as
applicable, the resource and surrounding buffer habitat, in
compliance with state and federal laws.
e. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 22.02 of the 2030 Plan, the
developer shall be responsible for the preparation of a Stormwater
Control Plan detailing how the project will comply with the
requirements of the Regional Water Quality Control Board
(RWQCB) for the San Francisco Bay Region. [Policy 22.02 states:
"Require qualifijing neu7 development projects and redevelopment projects
to comply zaith the Municipal Regional Permit for stormwater control and
treatment. "] The Stormwater Control Plan shall demonstrate how
the project complies with all applicable NPDES permit
requirements to minimize imperviousness, retain or detain
stormwater, slow runoff rates, incorporate required source controls,
treat stormwater prior to discharge from the site, control runoff
rates and durations if required, and provide for operation and
maintenance of treatment and flow control facilities. The Plan shall
have sufficient detail to ensure congruency between the stormwater
design, site plan, and the landscaping plan.
PAGE 11 OF RESOLUTION 92 -2013
f. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policies 24.03 and 24.10 of the
2030 Plan, the developer shall be responsible for the preparation of
a soils and geologic report. [Policy 24.03 states: "Require soils and
geologic reports for all projects proposed in scenic hillside development
areas, as defined by the Town's Scenic Hillside and Major Ridgeline
Development Ordinance, and in other areas where the potential for
landslides, liquefaction, subsidence, or severe ground shaking exists.
Assure that development in these areas mitigates potential landslide
hazards and other geologic hazards." Policy 24.10 states: "Require
submittal of a Geotechnical report by a qualified engineering geologist,
that specifies the location of active faults, and recommends appropriate
setbacks prior to construction of any structure intended for human
occupancy u7ithin the Alquist- Priolo Fault Zone. "]
g. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policies 27.02, 27. 11, and 27.13 of
the 2030 Plan, the developer shall be responsible for the
preparation of an environmental noise study in support of the site
planning and design efforts for any proposed multifamily
development. [Policy 27.02 states: "Require acoustical studies for
major residential and other development projects, as appropriate, and
impose noise mitigation measures accordingly." Policy 27.11 states:
"Ensure that the design of new development near major noise sources
(such as Interstate 680) reduces the potential for future occupants to be
exposed to high levels of noise. Development on such properties should
incorporate appropriate noise mitigation measures." Policy 27.13 states:
"Utilize noise reduction measures during all phases of construction
activity to minimize the exposure of neighboring properties to excessive
noise levels."] The study shall include a noise evaluation of existing
and future noise levels in private outdoor living areas and an
interior noise analysis of the proposed project. The study shall also
include an evaluation of the potential short -term construction noise
impacts upon adjacent land uses.
h. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 28.02 of the 2030 Plan, the
developer shall be responsible for the preparation of a Phase I
Environmental Site Assessment (ESA). [Policy 28.02 states: "Require
a Phase I Environmental Site Assessment (ESA) when development
PAGE 12 OF RESOLUTION 92 -2013
changes an existing use to a more sensitive use (e.g., commercial use to
residential use). If potential hazardous materials concerns are identified,
ensure that they are investigated and that sites are cleaned up to
residential standards under appropriate regulatory agency oversight prior
to development. "]
i. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirements of Policies 33.04, 34.02, and 34.04
of the 2030 Plan and applicable Say Area Air Quality Management
District guidelines in place at the time of project application, the
developer shall be responsible for the cost of preparation of an air
quality and greenhouse gases analysis study. [Policy 33.04 states:
"During the development review process, impose appropriate mitigation
measures on neu development to reduce greenhouse gas emissions."
Policy 34.02 states: "Consider air pollution impacts during the local
Development Review process. Development should be located and
regulated to minimize the emission of direct and indirect air
contaminants." Policy 34.04 states: "Consistent u4th CEQA and the
measures necessary to mitigate General Plan impacts, require site - specific
air quality studies for future development under the Plan that includes
sensitive receptors (such as schools, hospitals, daycare centers, or
retirement homes) located within a designated buffer area along Interstate
680."] The study shall provide analysis of greenhouse gases
(GHGs), criteria air pollutants and precursors (CAPs), and local
risk and hazard impacts at the proposed multifamily residential
development.
APPROVED by the Danville Town Council at a regular meeting on November 5, 2013,
by the following vote:
AYES: Arnerich, Storer, Doyle, Morgan,
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
PAGE 13 OF RESOLUTION 92 -2013