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Res P-90-13RESOLUTION NO. P-90-13 R S LUTION F E CITY U C L F H CITY 0 P- AY, CAL 0 N A APP OV N CONDIT ON USE PE I 8-06M VARIANC 8 - 6, AND EV OPMENT V E 88-13M ASSE SO ' PARCEL NU ER 317- 1-0 , 04 WHEREAS, Condltlo al Use Pemit 88-06M, Variance 89-16, and Development Review 88-13M, submit ed by Brookview Village Partnership, applicant, requests to construct a 108 un t senior housing complex on the west side of Pomerado Road between Poway Road an Robison Boulevard in the CO zone; and WHEREAS, on February 13, 1990, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findin The City Council finds that this project will not have a adverse impact on the environment and hereby issues a Negative Declaration with mitigation Conditional Use Permit 88-06M That the location, size, design, and operating characteristics of the propo ed use will be compatible with and will not adversely affect or be ma erially detrimental to adjacent uses, buildings, struc ures, or natural in that the project adjoins an exist ng commercial use on the south, a church on the north, and vacant land on the east, and on the west, wher the sit adjoins a future single-family development, a landscape uffer an grading design will separate the two uses. The project is esigned o preserve and enhance the existing watercourse that crosses t e proper y. That the harmony in scale, bulk, coverage, and density is with adjacent uses, in that the proposed buildings are architecturally compatible with surrounding development. That there are available public and that City Council Resolution No. 90-D05 set aside sewer capacity for this project. in ® That there will not be a harmful effect upon desirable neighborhood characteri tics, in that the project is physically separated from single fam ly residential uses on three sides and where it will adjoin a future s ngle family subdivision, a wall and a ten foot landscape buffer wil be provided. No. P- 90-13 Page 2 That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element. in that the project will be required to construct road improvements which will mitigate any impacts. That the site is suitable f r the type and intensity of use of develop- ent which is proposed, in hat the property is level, with the excep- ion of a streambed which w ll be preserved, and the site is an ideal ocation in terms of proxim ty to services and public ransp All will be made through project construction. e That there will not be significant harmful effects upon quality and natural in that the conditions of approval for the project will mitigate impacts to a level of insignificance. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. ge That the proposed use furthers g als of the City of Poway General Plan because the General Plan designa es senior housing as one of the con- ditional uses allowable in the C zone and the of senior housing and low income housing w ll help address an existing housing shortage in the con. unity. Variance 89-16 That there are special circumstances applicable to the property {size. shape, topography, location, or . ) or the intended use of the property, and because of this, the strict application of the Zoning Development Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The special circumstance which creates a onstraint for this roJect is the portion of Pomerado C eek which cuts iagonally across th center of the site. Approximate y .68 acres of he site is in the f oodway. In order to meet General lan desig stan ards and 1 objectives the applicant ad to avo d y disturbance of the creek area. The buildings and park ng areas have been moved closer to the perimeter of the site in order o minimize disturbance. If the buildings and garages were moved in towards the creek to meet setback standards, perimeter landscaping would be but interior landscaping would be severely reduced and future residents of the complex would be deprived of open landscaped areas for an aesthetically pleasing project. Resolutlon No. P-90-~.3 P~ge 3 That granting the vaFlance of 1ts modification is necess ry for the preservation and enjoyment of a substantlal property rig t possessed by other property In the same vtcinity and zone and denied o the property for which the variance is sought, in that the variance w 11 allow for adequate landscaped areas adjacent to each apartment as s normally required for projects throughout the City. That granting the variance or its will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the ro erty is located, in that the setback will not impact dj cent p operties or imp because ten to 15 foot uf ers wi 1 be provided and the grading plan for the adjacent single- am ly res dential development indicates that the future homes will be at east 2- feet from the common property line. The granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zo e in which such roperty is situated, because this is one of the last s tes to be develo ed on this portion of Pomerado Road and the majori y of adjoining c mmercial and residential development in the victni y does not provi e a 25 foot landscaped setback. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the parcel of property because the CO zone permits senior housing projects subject to approval of a conditional use permit. Se That granting the variance of its will not be with the City of Poway General Plan because conditions of approva for this project will ensure that the General Plan objectives of prov ding for ample landscaping and adequate separation between single-fami y and multi-family uses will be met. That the proposed development is in conformance with the Poway General Plan, in that the Zoning Development Code designation for this site, CO, permits senior housing, subject to approval of a conditional use permit. That the proposed developme t w ll not have an a verse aesthetic, health, safety, or architec ura ly related impac upon adjoining pro- perties in that the propose bu ldings are archi ecturally compatible with ) an commercial d and the required imp will protect the health and safety of adjoining properties. No. P- 90-13 Page 4 That the proposed t is in compliance with the Zoning Ordinance In that all development standards will be met through project construction. ® That the proposed development encourages the orderly and h appearance of structures and property within the City in that the pro- posed buildings w111 incorporate architectural details, materials, and colors that wtll be complementary to buildings in the ~ area. ~clslon: The City Council hereby approves Conditional Use Permlt 88-06M, Vartance 89-I6, and Development Revlew 88-[3N subject to the following conditions: Within 30 days of approval: (1) The applicant shall submit in writing that all of approval have been read and and {2) the property owner shall execute a Covenant on Real Property. All units in the project, with the exception of the manager's unit, shall be rented only to pes ns 55 years of age or older. Should State or Federal law h s requirement at any time in the future, a review of this CUP b the.i Council shall be s heduled for con- sideration of possib e mod f at,ohs to the condi ions of approval including review of he si e esign and considera ion of possible re- moval of structures o allow he project to provi e parking or ameni- ties necessary to serve non-senior residents. Twenty-one .nits within the project shall be as units. Ren s for 16 of the 21 units shall not exceed 30 percent of 80 percent of he median income for a two- erson household as established by HUD for he San Diego Metropolitan S at,st,cai area. Rents for the remaining f ve units shall not exceed 3 percent of 50 percent of the median in om for a tw -person househol . The ctual rental rate shall be detenn ne by the C ty of Poway Hous ng Coor inator in accordance with appl ca le federa , state, and local polic es and programs. They may be ad us ed to ref ect changes in the renta market. e The developer shall execute a contract with the City of Poway which specifies how rental rates for the afl rdable units shall be determined and assures that the 21 affordable un, s shall be occupied by qualified lower income households. This contrac shall be executed prior to issuance of grading and building penni s. 5 The developer, pursuant to the contractual agreement mentioned in Condition No. 3 above, will be responsible for assuring that the reserved affordable bonus units are occupied by qualified lower income No. P-90-13 Page 5 households. Certification of ncome for tenants shall take place only on their initial occupancy in he project. In the event that lower income households are not avai able to rent the units to the tion of the City of Poway Hou ng Coordinator, the ow er may rent the units at the defined reasonab e rental rate to the pu lic at large. As soon as a vacancy is anticipa ed, the City's Housing oordinator shall be notified and the vacant un t shall be made availab e to income eli- gible households as defined herein. The applicant shall obtain a streambed alteration permit from the California Department of Fish and Game prior to issuance of building permits. This proj ct has been approved based on the understanding that the stream wh ch crosses the property will be left in a natural state with the excep ion of the area where the new box culvert is to be installed and an c earing of the channel which is necessary to insur efficient draina e low. If the subsequent hydrology studies require by Draina e and Flood Control Section, Condition No. 5, indica e that additi nal significant changes to the site plan or streambe are required, the revised project shall be scheduled for City Council review prior to issuance of permits. Th s project is subject to tat Handicap Regulati ns as set forth in Ti le 24. Five percent of he otal number of uni s shall fully comply wi h the accessibility/adap abi try regulations, ll other apartment un ts which are on accessib e f oors by means of e evator, ramp, or special lift shall comply w th mandatory adaptabil ty features as set forth in Title 24. m The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the use and enjoyment of surrounding residential and 1 uses. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the contained herein. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit No. P-90-13 Page 6 Se Se 11. 12. 13. 14. Mat1 boxes shall be installed to a plan which is both the Post Office and the Director of Planning Services. to Trash receptacles shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be sub- ject to approval by the Planning Services Department. Any roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. The applicant shall comply w th the latest adopted Uniform Building Code, Uniform N Code, Uni orm Plumbing Code, National Electric Code, Uniform Fire Code, and all o her applicable codes and ordinances in effect at the time of building perm t For a new reside rial dwelling unit(), the applicant shall pay devel pment fees at the esta lished rate. Such ees ma include, but not be limi ed to: Permit and Plan hecking Fees, Schoo Fees in accordance with City-a opted olicy and/or or inance), Water and ewer S rvice Fees. These fees s all be aid prior to final map approval {grading p an, improvement plan chec lng ees) and prior to building permit issuance {water, sewer, drainage, and raffic mitigation fees) except when security deposit is posted. The design of the noise attenuation wall on Pomerado Road shall be approved by the Planning Services Department prior to issuance of permits. The noise wall shall be slumpstone block with A portion of the wall shall be set back an additional four feet from Pomerado Road as shown on Attachment 10 of the staff report dated February 13, 1990. The recreation room shall be accessible to the handicapped. Each unit shall be provided with a hookup for washer and dryer. Enhanced paving shall be used where the site. cross driveway to A six foot masonry wall shall be provided along the western and southern property lines. The design and location of the wall shall be subject to the approval of the Director of Planning Services. 15. The applicant shall submit an updated acoustical analysis for the revised site plan. The revised acoustical analysis shall evaluate both indoor and outdoor noise levels. PARKING A minimum of four handicapped parking spaces shall be provided. R No. P- go-~.3 ~- P~ge 7 LANDSCAPING The planting concept for the project shall be revised to include species recofl~nended by the U,S. Department of Flsh and Game to enhance the streams value as a rtpartan habltat, Quick-growing species such as cottonwoods and alders shall be included in the plan. 2. The planting plan shall include 24 inch and 36 inch box specimen trees, especially at the project entrance and around the building. Vines shall be planted at five foot intervals adjacent to the noise atten- uation wall. The vine species chosen shall have the capability of climbing the wall and providing coverage in six - seven years. m A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building per- mits. A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to which trees shall be Existing on-site trees shall be retained wherever possible and shall be trin~ned and/or topped. Dead, decaying or potentially dangerous trees shall e approved for removal at the discretion of the Planning Services epartment during the review of the Master Plan of existing on-site trees. hose trees which are approved for removal shall be replaced on a re, basis as required by the Planning Services Department. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. Be Aminimum of 0 trees per gross acre, compr sed of the following sizes, shall be prov ded within the development; 2,% - 24" box or larger, 70% - 15 gallon, and 1.% - 5 gallon to the sat of the Director of Planning Services and n with the approve landscape plan. g. All landscaped areas shall be maintained in a healthy and thriving con- dition, free from weeds, trash, and debris. 10. Annex into the appropriate LMD prior to final map approval. 11. A bus bench and shelter shall be provided at the existing bus stop south of the project site. Design and placement of the shelter shall be subject to approval by the Community Services Department. No, P- 90-1 3 Page 8 SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. RECREATION The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the Certificate of Occupancy, occurs later. ADDITIONAL APPRO~ The developer shall provide a noise display board in the office to the satisfaction of the Planning Services Director. The display shall include the site plan and noise study. e Working drawings shall include a certification by a recognized acoustical expert that the requirements of the City of Poway's noise ordinance will be met. e At the completion f construction, and prior to occupancy, interior and exterior CNEL shal e determined by field testing at developer's expense. Tests to be by a recognized expert. No per- mits shall be gran e until Condition G-7 is met to the sat of the Building Code {lates adopted edition) "Sound T Control." APPLICANT SHAJ. L CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COHPLIANCE WITH THE FOLLOWING CONDITIONS: All on-site new public water main and sewer main shall have an easement dedicated to the City prior to issuance of a certificate of occupancy. easement shall be a minimum of 20 feet wide for each main. Said Any p rtlon of new water/sewer mains necessary for the property design of water sewer systems for the project shall also have easements dedicated to the Cty of Poway. It shall be the resp y of the owner and/or devel- oper o acquire said easements. The two parcels that comprise the development shall be merged prior to issuance of a certificate of occupancy. Prior to issuance of a grading permit, the developer and/or owner shall cause the complete execution of a quitclaim de d from easement holders for that easement and right-of-way for road, utili y, and incidental purposes over, under, along, and across the property, eference is hereby made to Doc. No. 86087, recorded May 19, 1970, O.R. an that instrument recorded June 15, 1959, Book 7715, Page 382 of O.k. No. P- 90-13 Page 9 A copy of the recorded to grading permit issuance. deed shall be to the City prior Also, prior to grading permit the owner and/or developer (should the above easement and right-of-way be qultclaimed) shall dedicate a replace- ment easement and rlght-of-way over Roblson Street for similar uses to all the easement holders. A copy of the recorded easement document shall be furnished to the City prior to grading permit Issuance. m Amain enance/11abllity responsibility agreement, in a rom y to the C1 y Attorney shall be executed by the owner and/or developer for the use an building over the drainage culvert to be built that is within the drainage easement to be dedicated. Said agreement shall e recorded prior to issuance of a building permit. GRADING Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotech- ntcal report, and accepted grading practices. The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each building within the project. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plan shall be subject to review and approval by the Planning Services and Engineering Services Department and shall be completed prior to issuance of building permits. Se A re-blast survey of surrounding property shall be conducted to the satis- fa tton of the Director of Engineering Services prior to any rock blasting. Se smic recordings shall be taken for all blasting and blasting shall occur on y at locations and levels approved by the Director of Engineering Services. STREETS AND SIDEWALKS Pemerado Road along the development's frontage shall be improved to City's Circulation Element - Major Arterial Roadway Standards with a modified right-of-way width and pavement width. Resolution No. P-90-13 Page 10 e ® Improv ment shall lnclude, but ts not to be limited to, widening the wester y half of satd road to 46 feet pavement width and construction of concre e curb, gutter, and It shall also include street transi ion improvements to exist ng improvements north of and south of the development's boundary. Pavemen structural section design shall be based on a minimum traffic index of 9. or as may be approved by the Director of Engineering Services. A landscaped median (similar to the existing median in Poway Road) shall be constructed along the development's frontage on Poway Road. The design of said median shall be to the satisfaction of the Director of Engineering Services. Rob so Boulevard extension along the northerly portion of t e pr petty sha 1 e improved (partially) to City's Urban Road - Non-ded cate Local Col ec or Street Standards. Im rovement shall include, but s no to be lim te to, of a m nimum street roadway pavemen of 4 feet wide, concrete curb, gu ter, an sidewalk along the southerly side, and an A.C. berm along the nor herly s de. Pavement structural section design shall be based on a min mum tra fic index of 5.0 or as may be approved by the Director of Engineering Services. A residential driveway approach, per City of Poway Standards and satisfac- torily located by the westerly property owner, shall be built at the western end of said Robison Street lights, per City of Poway Standards, shall be installed along the west side of Poaerado Road with the L's boundary and along the south side of Robison ~oulevard extension. Location of lights shall be as approved by the City's Engineering Services Department. To facilitate the of street lights' locations, the applicant's Civil Engineer shall submi a plot plan showing the location of existing street lights along Pomera o Road within a 500 foot radius from the proj- ect's exterior boundary, ubmittal of said plot plan shall be prior to or at first submittal of street improvement plans. A traffic signal sh ll be install d at the of Pomerado Road and Robison Boulevard a no cost to t e City of Poway. The design standards and specifications shal be to the sa isfaction of the City's Traffic Engineering and/or he Director o Engineering Services. Traffic Mitigation Fee shall be credited towards the cost of traffic signal installation. Additional street right-of-way for Pomerado Road widening, the width of which shall be 23 feet, shall be dedicated to the City prior to issuance of a building permit. Resolution No. P-90-13 Page 11 10. 11. 12. 13. 14. The northerly 45 feet of the property shall be offered for dedi- cation for street-right-of-way purposes (for Robison Boul'evard extension} prior to building permit All Circulation Element roads shall be dedicated and improved to Circulation Element road and to the specifications of the Director of Engineering Services. All streets shall be constructed to public street standards. Sidewalks 4.5 feet in width shall be required on one side of Pomerado Road (west side) and Robison Boulevard {south side). Street striping and signing shall be installed to the satisfaction of the Director of Engineering Services. All street structural sections shall be submitted to, and approved by the Director of Engineering Services. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Plan check and inspection expenses shall be paid by the devel- oper. 15. Street improvements that include, but are not limited to: 16. 17. 18. a. idewalks X e. C oss gutter (if needed) b. f. A ley gutter __c. heel chair ramps X g. S reet paving d. urb and gutter/A.C, berm h. A ley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. Prior to any work being performed in the public right-of-way, a right-of-way permit shall be obtained from the Engineering Services office and appropriate fees paid, in addition to any other permits required. The developer shall pay the Traffic Mitigation Fee at the established rate t the date the final inspection or the date the Certificate of Occupancy is ssued, whichever occurs later, but a security deposit must be posted prior o building permit issuance. A credit will be granted towards the cost of he traffic signal installation. No. P-90-13 Page 12 DRAINAGE AND FLOOD CONTROL A box culve t, de lgned to carry a 100 year flood, shall be co structed southwester y to he pr ject as extension of that existing dra nage struc- ture under omera Roa /Robtson Boulevard Port on of said culvert wit bull ng to be built over shall be des gned struc- turally to he sa sfac ion of the Director of Englneerlng Services. Structural calcula ions shall be submitted at flrst submittal of improvement plans. A drainage easement shall be dedicated to the City prtor to issuance of a certlflcate of occupancy. e A maintenance agreement for Pomerado Creek within the development, in a form satisfactory to the City Attorney, shall be executed by the owner and/or the developer prior to issuance of a certificate of occupancy. ® Intersection drains wlll be required at locations specified by the Director of Engineering Services and in with standard engineering prac- tlces. A drainage system capable of handling and disposin of all urface water originating within the propert , and ll surface w ters tha may flow onto the property from adjacent lan s, sba 1 be Said ralnage system shall include any easements an struc utes as requ red by t e Director of Engineering Services to proper y hand e the drainage. 5. Hydrology/hydraulic cal shall be submittal of improvement plans. to the City at first 6. Portland cement concrete cross gutters shall be installed where water crosses the e The Master P an of Drainage Fee shall be paid at he established rate in accordance w th the Drainage Ordinance at the da e of final inspection or at the date he certificate of occupancy is issue , occurs later, but a securi y deposit must be posted prior to bu lding permit issuance. 8. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES All proposed utilities within the project shall be installed underground including existing utilities less than 34.5 KV along Element roads and/or highways. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. No. P-90-13 Page 13 e The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. Water, sewer, and fire p systems plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego. Prior to acceptance of property for sewer service, improvement area shall occur. to the sewer The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be deter- mined by the cost of the analysis and shall be paid upon demand by the City. The app lcant sha l, within 30 days after receiving approva of the con- ditiona use perm t and development review, appl for a Let er of Availab lity (LOA to reserve sewerage availabil ty and pos with the City, a nonre undable r servation fee equal to 20% of he appropr ate sewerage connect on fee in effect at the time the LOA is ssued. Developer shall a light system ~ to City of Poway Standards at no cost to the public, subject to the following: ae Cut-off shall be installed which will provide true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. be All fixtures shall use a clear, low pressure sodium vapor light source. Ce Advance energy charges and District engineering charges shall be paid by the developer. de Annexation to the lighting district shall be accomplished and evidence of annexation shall be accomplished at the time of final inspection or certificate of occupancy, whichever occurs later. e Cable television services shall be provided and ' The developer shall notify the Cable company when trenching for utilities is to be accomplished. APPLICAJ(T SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: An automatic sprinkler system shall be installed in every apartment complex containing more than 15 units. Residential sprinkler heads shall be used in the dwelling units. fire lanes with approved curb markings and signs shall be installed. No. p-90-13 Page ).4 3. New fire hydrants to be installed at Fire Marshal. as by the City 4. Knox security system shall be provided. 5. A lighted directory map shall be installed at each driveway meeting current Department of Safety Service standards. 6. Minimum size address shall be four inches on background. Prl r to delivery of combustible building materials on site, water and sewer sys ems shall satisfactorily pass all required tests and be to the pub ic water and sewer systems. In the first lift of asphalt pay ng shall be in place to provide adequate, permanent access for emergency veh cles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 8. Fire extinguishers, meeting current requirements shall be installed throughout the project area. g. Roof covering shall meet Class A fire retardant test specifications. 10. Fire alarm system shall be installed in accordance with Article 14 of the Uniform Fire Code. 11. Dead end access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire Department apparatus. 12. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection systems shall be pro- vided as required and approved by the chief. APPROVALS The conditional use permit, expire on February 13, 1992. and development review approval shall APPROVED and ADOPTED by the City Council of the City of Poway, State of California, the 13th day of February, 1990. ATTEST: Y No. P-90-13 Page 15 STATE OF CALIFORNIA ) ) SS, COUNTY OF SAN DIEGO ) 1, Mar orie K. Wahlsten, City Clerk of the City of oway, do hereby certify, under the enalty of perjury, that the foregoing Resolu ion, No. P-90-13 , was duly adopt d by the City Council at a meeting of said C ty Council held on the l~th day o , 1990, and that it was so adop ed by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: KRUSE Marjort City City Clerk R/R-2-13.4-18