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HomeMy WebLinkAboutOrdinance 5849 03/17/1997 . ' ORDINANCE NO. 5849 (EMERGENCY) . AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, ARTICLE 2 DEFINITIONS; ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES; ARTICLE 10 DISCRETIONARY USES; ARTICLE 16 RESIDENTIAL ZONING DISlRICTS; ARTICLE 18 COMMERCIAL ZONING DISlRICTS; ARTICLE 19 BKMU BOOTH- KELLY MIXED USE DISlRICT; ARTICLE 20 LMI, HI AND SHI INDUSlRIAL ZONING DISlRICTS; ARTICLE 21 CI CAMPUS INDUSlRIAL DISlRICT; ARTICLE 22 MS MEDICAL SERVICES DISlRICT; ARTICLE 23 PLO PUBLIC LAND AND OPEN SPACE DISlRICT; ARTICLE 24 QMO QUARRY AND MINE OPERATIONS DISlRICT; ARTICLE 25 WG Wll..LAMETI'E GREENWAY OVERLAY DISlRICT; ARTICLE 26 lID HILLSIDE DEVELOPMENT OVERLAY DISlRICT; ARTICLE 27 FP FLOODPLAIN OVERLAY DISlRICT; ARTICLE 28 HS HOSPITAL SUPPORT OVERLAY DISlRICT; ARTICLE 29 UF-lO URBANIZABLE FRINGE OVERLAY DISlRICT; ARTICLE 30 HISTORIC OVERLAY DISlRICT; ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS; ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS, AND DECLARING AN EMERGENCY. (JO. NO. 97-01-14). THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: 1. The Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance. 2. On February 4th and 19th, 1997, the Springfield Planning Commission held public hearings on this SDC amendment request (Jo. No. 97-01-14). The Springfield Planning Commission voted 6 in favor and 0 opposed, to recommend approval of these amendments to the City Council. . 3. Findings in support of adoption of these amendments to the SDC are set forth in the Staff Report and the Recommendation to the Council (Jo. No. 97-01-14) incorporated herein by reference. 4. Based on the above record and findings, the City Council concludes that the SDC amendments are consistent with the criteria of approval as set forth in the Staff Report and Recommendation to the Council by the Springfield Planning Commission (Jo. No. 97-01-14), incorporated herein by reference. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1: The purpose of this Ordinance is to provide siting standards and review processes for wireless telecommunications systems facilities locating within the City of Springfield and within the urban transition area administered by the City of Springfield. This purpose shall be realized by implementing new provisions of the Springfield Development Code that will: 1. Regulate the placement, appearance and number of wireless telecommunications systems facilities; 2. Ensure that the citizens of Springfield will have access to a variety of wireless telecommunications systems and providers; 3. Reduce the visual impact of certain wireless telecommunications systems facilities by encouraging collocation; . 4. Establish a graduated system of review that will expedite facilities placement in preferred locations; and I .' . 5. Implement the applicable provision of the federal Telecommunications Act of 1996. Section 2: Article 2 DEFINITIONS, Section 2.020 is hereby amended by adding the following definitions: ACCEPTABLE SITE. For purposes of siting wireless telecommunications systems facilities, any land planned and zoned Community Commercial, Booth-Kelly Mixed Use or Campus Industrial. ANTENNA. The specific device used to capture an incoming and/or transmit an outgoing radio- frequency signal. This definition shall include omni-directional (whip) antennas; directional (panel) antennas; parabolic (microwave dish) antennas; and ancillary antennas (i.e., GPS). All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment. ATTACHED WTS FACILITY. An existing pole, tower or other structure capable of accommodating a WTS facility antenna, whether originally intended for such use or not. BACKHAUL NETWORK. The land lines that connect a WTS provider's radio signals to one or more cellular telephone switching offices and/or local or long distance providers, or the public switched telephone network. CELL. A geographic area where a single radio transmission sending/receiving station (per provider) and the equipment necessary to connect these radio calls to land lines or other cells are located. . COLLOCATION. Two or more WTS providers utilizing a structure or site specifically designed and/or approved for such multiple use, and including equipment shelters. CONDITIONALLY SUIT ABLE SITE. For purposes of siting wireless telecommunications systems facilities, any land planned and zoned Neighborhood Commercial, Major Retail Commercial, General Office, Low Density Residential, Medium Density Residential, High Density Residential and the Medical Services, Hillside Development, Willamette Greenway and Urbanizable Fringe Overlay districts. DETACHED WTS FACILITY. A pole, tower or other structure designed and intended to support WTS facility antennas. EQUIPMENT SHELTERS. For purposes of siting wireless telecommunications systems facilities, the buildings, structures, ,cabinets or vaults used to house and protect the equipment necessary to connect/relay radio signals from cell site to cell site and to land line systems, Associated equipment such as air conditioning or emergency generators shall be considered appropriate within this definition. FCC. The Federal Communications Commission; the federal agency that regulates interstate and international communications by radio, television, wire, satellite and cable. LATTICE TOWER For purposes of siting wireless telecommunications systems facilities, a WTS support structure which consists of metal crossed strips or bars and which supports antennas and related equipment for one or more WTS provider. MONOPOLE. For purposes of siting wireless telecommunications systems facilities, a WTS support structure which consists of a single tapered steel pole and which supports antennas and related equipment for one or more WTS provider. . 2 . PREFERRED SITE. For purposes of siting wireless telecommunications systems facilities, any land planned and zoned Special Heavy Industrial, Heavy Industrial, Light Medium Industrial, Quarry and Mine Operations or Public Land and Open Space. PUBLIC UTILITY FACILITY. High Impact: Electric power transmission lines (greater than 69 KV), poles and substations; gas pipe lines and valve stations; sanitary sewer treatment plants or effluent ponds; water reservoirs and water storage tanks greater than 300,000 gallons or 30 feet in height; water treatment facilities, including filtration plants greater than 2.5 million gallon capacity per day; fire/ambulance stations. STEALTH DESIGN. A variety of techniques used to disguise or mitigate the visual presence of WTS support structures, including, but not limited to screening by mature trees (75% or more of pole beneath tree canopy), mimicking common features of the urban landscape (light poles, church steeples, trees, etc.), painting antennas to match the color of supporting building walls, or roof mounting behind parapets. WIRELESS TELECOMMUNICATIONS FACILITIES. The site, structures, equipment and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. This includes, but is not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching equipment. WIRELESS TELECOMMUNICATIONS SYSTEMS (WTS). The sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including cellular radiotelephone, personal communications services, enhanced/specialized mobile radio, and commercial paging services. . Section 3: Article 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES is hereby amended as follows: Section 3.020(5): "Refer to Section 32.130 of this Code for additional information concerning siting standards and the review process for certain wireless telecommunications systems facilities." Section 3.070(1)(1): "Certain Wireless Telecommunications Systems Facilities (refer to Section 32. 130(1)(a))." Section 3.080(2)(h): "Certain Wireless Telecommunications Systems Facilities (refer to Section 32. 130(1)(b))." Section 3.090(1)(k): "Certain Wireless Telecommunications Systems Facilities (refer to Section 32. 130(1)(c))." Section 4: Article 10 DISCRETIONARY USES is hereby amended as follows: Section 10.030(1): "Except for private/public elementary and middle schools and certain wireless telecommunications systems facilities, a Discretionary Use may only be allowed if the Planning, Commission or Hearings Official finds that the proposal conforms with the following criteria:" Section 10.030(5): "Refer to Section 32. 130(3)(c)(3) for applicability and criteria of approval for certain wireless telecommunications systems facilities." . Section 10.030(6): "If any of the applicable criteria or standards listed above or elsewhere in this Code are not found by the Planning Commission or Hearings Official to be fully satisfied, the request shall be denied. " 3 " Section 5: Article 16 RESIDENTIAL ZONING DISTRICTS is hereby amended as follows: . Section 16.020(16): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in all residential zoning districts." Section 6: Article 18 COMMERCIAL ZONING DISTRICTS is hereby amended as follows: Section 18.020(3)(mmm): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in all commercial zoning districts." Section 7: Article 19 BOOTH-KELLY MIXED USE DISTRICT is hereby amended as follows: Section 19.060(2)(nnn): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in the BKMU DISTRICT." Section 8: Article 20 LMI, m AND sm INDUSTRIAL ZONING DISTRICTS is hereby amended as follows: Section 20.020(8)(e): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in all industrial zoning districts." Section 9: Article 21 CI CAMPUS INDUSTRIAL DISTRICT is hereby amended as follows: Section 21.060(3): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in the CI CAMPUS INDUSTRIAL DISTRICT." Section 10: Article 22 MS MEDICAL SERVICES DISTRICT is hereby amended as follows: . Section 22.020(13): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in the MS MEDICAL SERVICES DISTRICT." Section 11: Article 23 PLO PUBLIC LAND AND OPEN SPACE DISTRICT is hereby amended as follows: Section 23.020(4)(j): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in the PLO PUBLIC LAND AND OPEN SPACE DISTRICT." Section 12: Article 24 QMO QUARRY AND MINE OPERATIONS DISTRICT is hereby amended as follows: Section 24.030(9): "High impact public facilities when approved in accordance with Discretionary Use (Type III) procedures." Section 24.030(10): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in the QMO QUARRY AND MINE OPERATIONS DISTRICT." Section 24.030(11): "Night watchperson's quarters." Section 13: Article 25 WG WILLAMETIE GREENWAY OVERLAY DISTRICT is hereby amended as follows: . 4 . Section 25.050: "Except for uses within the Greenway Setback Area, uses allowed in the WG Overlay District are the same as those in the underlying districts (refer to Section 32.130 for siting standards and review process for certain wireless telecommunications systems facilities). Any change or intensification of use, or construction that has a significant visual impact requires Discretionary Use Approval." Section 14: Article 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT is hereby amended as follows: Section 26.010: "The regulations of the HD Overlay District shall supplement the regulations of the underlying district (refer to Section 32.130 for siting standards and review process for certain wireless telecommunications systems facilities). Where the regulations and permitted uses of an underlying district conflict with those of an Overlay District, the more restrictive standards apply." Section 15: Article 27 FP FLOODPLAIN OVERLAY DISTRICT is hereby amended as follows: Section 27.030(1): "Development proposals within the FP Overlay District shall be reviewed under Type I procedure (refer to Section 32.130 for siting standards and review process for certain wireless telecommunications systems facilities). Approval shall be obtained before construction or development begins within any area of special flood hazard established in Section 27.010(2) of this Article. Approval shall be required for all structures, manufactured homes and development as defined in this Code." Section 16: Article 28 HS HOSPITAL SUPPORT OVERLAY DISTRICT is hereby amended as follows: Section 28.050(9): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in the HS HOSPITAL SUPPORT OVERLAY DISTRICT." . Section 17: Article 29 UF-I0 URBANIZABLEFRINGE OVERLAY DISTRICT is hereby amended as follows: Section 29.040(3): "All other requests shall be reviewed in accordance with the procedures applicable in the underlying district (refer to Section 32.130 for siting standards and review process for certain wireless telecommunications systems facilities)." Section 29.050(11): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in all residential zoning districts." Section 29.060(12): "Certain Wireless Telecommunications Systems Facilities (Article 32). Refer to Section 32.130 for siting standards and review process in all commercial and industrial zoning districts." Section 29.070(10): "Certain wireless telecommunications systems facilities attempting to site in an underlying district not identified in Sections 29.050 and 29.060 shall be subject to the siting standards and review process in Section 32.130 for the respective underlying zoning district." Section 18: Article 30 mSTORIC OVERLAY DISTRICT is hereby amended as follows: Section 30.080(1): "Historic Landmark Sites and Structures. The categories of uses listed in the underlying district shall be permitted, provided that the integrity of the historic landmark site or structure can be maintained as specified in this Article (Refer to Section 32.130 for siting standards and review process for certain wireless telecommunications systems facilities for all underlying zoning districts in the Historic Overlay District." . 5 . Section 19: Article 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS is hereby amended as follows: Section 31.020(6): "Certain wireless telecommunications systems facilities (Article 32). Refer to Section 32.130 for siting standards and review process for applicable underlying zoning district." Section 20: Article 32 PUBLIC AND PRIVATE IMPROVEMENTS is hereby amended as follows: "Section 32.130 SITING AND REVIEW PROCESS FOR WIRELESS TELECOMMUNICATIONS SYSTEMS FACILITIES. The siting and review process for WTS facilities is based on the type offacility (monopole, stealth design or collocation) and its proposed location in a Preferred Site (Sill, Ill, LMI, QMO or PLO zoning districts), Acceptable Site (CC, BKMU or CI zoning districts) or Conditionally Suitable Site (NC, MRC, GO, LDR, MDR and HDR zoning districts or , MS, HD, HS, WG, FP, UF-I0 or H overlay districts). (1) The development review process for wireless telecommunications systems (WTS) facilities shall be as follows: (a) Building and Electrical Permits only 1. An attached WTS facility (existing structure, including collocation on cell tower) on a Preferred Site, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. . 2. A detached WTS facility (monopole designed for collocation) on a Preferred Site, set back from all property lines a distance equal to or greater than the height of the tower, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 3. A detached, stealth design WTS facility on a Preferred Site not abutting residential zoning districts, observing all setback and height limits of the underlying zone, and all setback limits of the underlying zone unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 4. An attached WTS facility on an Acceptable Site, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 5. A WTS facility, including antennas and switching/connection equipment to land lines, affixed to an existing utility pole, but no higher than 10 feet above the height of the pole. (b) Site Plan Review. In addition to (a) above, the following standards apply: 1. A detached, stealth design WTS facility on a Preferred Site, that abuts a residential zoning district but is not set back a distance equal to or greater than the height of the structure, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment, unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts. . 6 I . 2. A detached, stealth design WTS facility on an Acceptable Site, obseIVing all height limits of the underlying zone, and all setback limits of the underlying zone unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 3. An attached WTS facility on a Conditionally Suitable Site, no higher than 10 feet above the existing structure, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 4. A detached, stealth design WTS facility on a Conditionally Suitable Site, obseIVing all height limits of the underlying zone and all setback limits of the underlying zone unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 5. All detached WTS facilities, on any site, within 1,000 feet of an existing detached WTS facility. 6. All detached WTS facilities 50 feet or taller, on any site, and not designed or intended for collocation. (c) Discretionary Approval. In addition to (a) and (b) above, the following standards apply: 1. All WTS facilities in the Willamette River Greenway Overlay District. . 2. All WTS facilities that exceed the height limit of the underlying zoning district on any site, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment unless height limit provisions are exempted elsewhere in this Code.. 3. All detached non-stealth design WTS facilities on any site abutting a residential zoning district when the height of the structure exceeds the height limit of the residential zoning district and the setback of the WTS facility is less than the height of the structure, including equipment shelters, buildings and cabinets housing WTS land line switching/connection equipment. 4. All detached WTS facilities on any site located within 1,000 feet of an existing WTS facility that was designed to accommodate multiple users and that has space available. 5. All detached WTS facilities located within public street or railroad rights of way where the actual location of the proposed WTS facility immediately abuts residential zoning districts. 6. Lattice towers in any zoning district. 7. WTS facilities in the Historic Overlay District subject to the applicable provisions of Article 30 and other sections of this Code. (d) Prohibited WTS facilities . 1. Any WTS facility, other than whip antennas and switching/connection equipment mounted on existing poles, in the Historic Overlay District. 7 . 2. Any WTS facility in the public right of way that severely limits access to adjoining property, that limits public access or use of the sidewalk, or that constitutes a vision clearance violation. 3. Any detached WTS facility taller than 150 feet above finished grade at the base of the tower. (2) Standards for siting WTS facilities shall be as follows: (a) All WTS facilities shall observe minimum lot size, lot coverage, building height and building setback requirements of the underlying zoning district unless specifically exempted or otherwise regulated by this Section. Underground facilities may encroach upon required yards or may be placed in appropriate easements. (b) All WTS facilities shall be landscaped at the base of towers/poles, and completely around equipment shelters. Lighting of towers shall be as required by the FAA. All other lighting must be deflected away from adjoining property. (c) Any WTS facility sited on or designed with any of the following attributes shall first receive FCC approval, as specified in FCC Rules 1.1301 - 1.1319, as a condition of City approval prior to construction: Wilderness Area; Wildlife Preserve; Endangered Species; Historical Site; Indian Religious Site; Flood Plain; Wetlands; High Intensity White Lights in Residential Neighborhoods; Excessive Radio frequency Radiation Exposure. (3) Application requirements for WTS facilities shall be as follows: . (a) WTS providers whose proposals conforms with the provisions of Subsection (1)(a)ofthis Article requiring building and electrical permits only shall submit the following information with the application for permits: 1. A copy of that portion of the lease agreement (or lease memo) with the property owner, that includes collocation provisions (where applicable), facility removal within 90 days of abandonment and a bond to guarantee removal shall be submitted for review prior to development permit approval. 2. A signed statement from the applicant agreeing to allow collocation on the applicant's structure (where applicable). 3. A map of the City showing the approximate geographic limits of the "cell" to be created by the facility. This map shall include the same information for all other facilities owned or operated by the applicant within the City, or extending within the City from a distant location, and any existing detached WTS facilities of another provider within 1,000 feet of the proposed site. 4. An engineer's analysis/report of the recommended site location area for the proposed facility. If an existing structure approved for collocation is within the area recommended by the engineer's report, reasons for not collocating shall be provided and must demonstrate at least one of the following deficiencies: a. the structure is not of sufficient height to meet engineering requirements; b. the structure is not of sufficient structural strength to accommodate the WTS facility; c. electromagnetic interference for one or both WTS facilities will result from collocation; or, d. the radio frequency coverage objective cannot be adequately met. . 8 . . 5. A plot plan showing: the lease area; antenna structure; height above grade and setback from property lines; equipment shelters and setback from property lines; access; connection point with land line system; and all landscape areas intended to screen the WTS facility. 6. The methodes) of stealth design (where applicable) 7. An engineer's statement that the RF emissions at grade, or at nearest habitable space when attached to an existing structure comply with FCC rules for such emissions; the cumulative RF emissions if collocated. 8. A description of the type of service offered (voice, data, video, etc.) and the consumer receiving equipment. 9. Identification of the provider and backhaul provider, if different. 10. Provide the RF range in Megahertz and the wattage output of the equipment. 11. Provide facilities maintenance regimen. 12. Provide zoning and Metro Plan designation of proposed site. 13. Provide FAA determination. (b) WTS providers whose proposals conforms with the provisions of Subsection (1)(b) of this Article requiring Site Plan Review approval shall submit, in addition to the requirements of31.050 of this Code, the following additional information: . 1. Items 1-4 and 6-13 in Subsection (1)(a) above. 2. Photosimulations of the proposed WTS facility from the four cardinal compass points and/or abutting right of way, whichever provide the most accurate representation of the proposed facility from a variety ofvantage points. 3. The distance from the nearest WTS facility and nearest collocation site. (c) WTS providers whose proposals conforms with the provisions of Subsection (1)(c) of this Article requiring Discretionary Use approval shall submit the following information: 1. Items 1-3 in Subsection (1)(b) above. 2. Responses to the following Discretionary Use criteria: a. an engineer's statement demonstrating the reasons why the WTS facility must be located at the proposed site (service demands, topography dropped coverage, etc.); b. an engineer's statement demonstrating the reasons why the WTS facility must be constructed at the proposed height; and c. verification of good faith efforts made to locate or design the proposed WTS facility to qualify for a less rigorous approval process (building permit or site plan approval). . (4.) The Planning Commission or Hearings Official shall use the preceding criteria in place of the Discretionary Use criteria in Section 10.030 of this Code to evaluate the proposal. The Planning Commission or Hearings Official shall not grant approval of the request unless each of these criteria have been met. 9 '. " .0 . . . ,. . (5) Failure to comply with the standards, provisions and conditions of this Section, and any other applicable Section of this Code, may constitute grounds for revocation of a City approval to locate and operate a WTS facility. (6) Private amateur radio (HAM) antennas, their support structures, and direct to home satellite receiving antennas are exempt from the WTS facilities siting and review provisions of the Code, but shall otherwise comply with the applicable provisions of the underlying zoning district in which they are located to the extent that such provisions comply with Federal Communications Commission policy. (7) The provisions of this Section shall be reviewed no sooner than 3 years nor later than 5 years from their date of adoption. This review ensures contemporaneity with technological changes made in this industry. Section 21: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 22: It is hereby found and determined by the Common Council that matters pertaining to the siting and review process for wireless telecommunications facilities are matters affecting the public health, safety, and welfare, and than an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against this 17ttlday o~ 1997. March March APPROVED by the Mayor of the City of Springfield this 17th day ofi~mw, 1997. ATIEST: J~;d ~.iI Mayor ~' I .Jl.. ~. Ci Recorder ~Q~~ REVIEWED & APPROVED ~~~~~M~ ~~ DATE: 3. J '-\ /-1:J OFFICE OF CITY ATTORNEY 10