8423-13ORDINANCE NO. 8423-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7,
COMMERCIAL DISTRICT (C), TABLE 2 -702, TO ESTABLISH
VETERINARY CLINICS AS A MINIMUM STANDARD USE; AMENDING
ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL
DISTRICT (C), SECTION 2 -703 BY MODIFYING DEVELOPMENT
STANDARDS AND FLEXIBILITY CRITERIA FOR VETERINARY
CLINICS; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7,
COMMERCIAL DISTRICT (C), SECTION 2 -704 BY DELETING
VETERINARY CLINICS AS A FLEXIBLE DEVELOPMENT USE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, DIVISION 1, REQUIRED PERMITS AND APPROVALS,
BY ADDING A FOOTNOTE TO THE DEVELOPMENT REVIEW CHART
REGARDING THE PROCESS FOR HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENTS; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 6,
LEVEL THREE APPROVALS BY ADDING A FOOTNOTE TO THE
LEVEL THREE APPROVAL FLOW CHART REGARDING THE
APPROVAL PROCESS FOR HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENTS; AMENDING DIVISION 6 LEVEL
THREE APPROVALS, DEVELOPMENT AGREEMENTS, BY REVISING
THE DEVELOPMENT AGREEMENT PROVISIONS BY ESTABLISHING
REQUIREMENTS AND PROCEDURES FOR GENERAL
DEVELOPMENT AGREEMENTS AND HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENTS; AMENDING ARTICLE 8,
DEFINITIONS AND RULES OF CONSTRUCTION, TO DELETE THE
DEFINITION FOR DEVELOPMENT AGREEMENT AND ADD
DEFINITIONS FOR DEVELOPMENT AGREEMENT, GENERAL AND
DEVELOPMENT AGREEMENT, HOTEL DENSITY RESERVE;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater Business Task Force was established on April 7, 2011 by
the City Council to provide feedback on the current rules and regulations affecting businesses
and business development;
WHEREAS, the Clearwater Business Task Force submitted to City Council on August.
29, 2011, a final report that consisted of 71 recommendations to change public perceptions
about being "business friendly ", and to streamline development application processes;
WHEREAS, veterinary offices are appropriate uses for minimum standard development
in the Commercial (C) zoning district;
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WHEREAS, City Council worked with the Business Task Force to develop a new
process for Development Agreements authorizing use of the Hotel Density Reserve on
Clearwater Beach;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2 -702, Minimum Standard Development, Table 2 -702 "C" District Minimum Standard
Development Standards, is hereby amended as follows:
Section 2 -702. Minimum standard development.
The following uses are Level One permitted uses in the "C" District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2 -702. "C" District Minimum Development Standards
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Max.
Height
(ft.)
Min.
Front (ft.)
Min. Side
(ft.)
Min. Rear
(ft.)
Min. Off - Street
Parking Spaces
Governmental Uses(1)
10,000
100
25
25
10
20
4/1,000 SF GFA
Indoor Recreation/
Entertainment
10,000
100
25
25
10
20
5/1000 SF GFA or
5 /lane, 2/court or
1/machine
Mixed Use
10,000
100
25
25
10
20
Based upon
specific use
requirements
Offices
10,000
100
25
25
10
20
3/1,000 SF GFA
Overnight Accommodations
40,000
200
25
25
10
20
1 /unit
Parks and Recreational
Facilities
n/a
n/a
25
25
10
20
1 per 20,000 SF
land area or as
determined by the
community
development
coordinator based
on ITE Manual
standards
Places of Worship
40,000
200
25
25
10
20
1 per 2 seats
Restaurants
10,000
100
25
25
10
20
12/1,000 SF GFA
Retail Plazas
15,000
100
25
25
10
20
4/1,000 SF GFA
Retail Sales and Services
10,000
100
25
25
10
20
5/1,000 SF GFA
Social and Community
Centers
10,000
100
25
25
10
20
5/1,000 SF GFA
Vehicle Sales /Display
40,000
200
25
25
10
20
2.5/1,000 SF Lot
Sales Area
Veterinary Offices
10.000
100
25
25
10
20
4 spaces per 1,000
GFA
(1) Governmental uses shall not exceed five acres. Any such use, alone or when added to
contiguous like uses which exceed five acres shall require a land use plan map amendment
to institutional which shall include such uses and all contiguous like uses.
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Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2 -703, Flexible Standard Development, Table 2 -703 "C" District Flexible Standard
Development Standards and Flexibility Criteria, is hereby amended as follows:
Section 2 -703. Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
Table 2 -703. "C" District Flexible Standard Development Standards
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Max.
Height
(ft.)
Min.
Front (ft.)
Min. Side
(ft.)
Min. Rear
(ft.)
Min. Off - Street
Parking Spaces
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 space per unit
Adult Uses
5,000
50
25
25
10
20
5 per 1,000 GFA
Alcoholic Beverage Sales
10,000
100
25
25
10
20
5 per 1,000 GFA
Automobile Service Stations
10,000
100
25
25
10
20
5/1,000 SF GFA
Bars
10,000
100
25
25
10
20
10 per 1,000 GFA
Educational Facilities(1)
40,000
200
25
25
10
20
1 per 2 students
Governmental Uses(1)
10,000
100
25-50
25
10
20
4 spaces per 1,000
GFA
Indoor
Recreation /Entertainment
5,000-
10,000
50-100
25
25
10
20
3- 5/1000 SF GFA
or 3- 5/lane, 1-
2/court or
1/machine
Medical Clinics(1)
10,000
100
25
25
10
20
5/1,000 GFA
Mixed Use
5,000-
10,000
50-100
25-50
25
0-10
10-20
Based upon
specific use
requirements
Nightclubs
10,000
100
25
25
10
20
10 per 1,000 GFA
Offices
3,500-
10,000
30-100
25-50
25
0-10
10-20
3/1,000 SF GFA
Off - Street Parking
10,000
100
n/a
25
10
20
n/a
Outdoor Retail Sales,
Display and /or Storage
20,000
100
25
25
10
20
5 per 1,000 SF of
outdoor display
area
Overnight Accommodations
20,000-
40,000
150 -200
25-50
25
0-10
10-20
1 per unit
Places of Worship(2)
20,000-
40,000
100 -200
25-50
25
10
20
.5-1 per 2 seats
Public Transportation
Facilities(3)
n/a
n/a
10
n/a
n/a
n/a
n/a
Restaurants
3,500-
10,000
30-100
25-50
25
0-10
10-20
7 -12 spaces per
1,000 GFA
Retail Plazas
15,000
100
25-50
25
0-10
10-20
4 spaces per 1,000
GFA
Retail Sales and Services
3,500-
10,000
30-100
25-50
25
0-10
10-20
4-5 spaces per
1,000 GFA
Schools (5)
40,000
200
25
25
0-10
10-20
1 per 3 students
3
Social and Community
3,500—
35-100
25-35
25
0-10
10-20
4-5 spaces per
Centers (1)
10,000
1,000 GFA
Utility/Infrastructure
n/a
n/a
20
25
10
20
n/a
Facilities(4)
Vehicle Sales/Displays
20,000-
150 -200
25
25
10
20
2.5 spaces per
40,000
1,000 of lot sales
area
Veterinary Offices
5.000-
50-100
25
15-25
0-10
10 -20
4 spaces per
10,000
1,000 GFA
Flexibility Criteria:
* * * * * * * * **
* * * * * * * * **
Y. Veterinary offices.
1. The parcel proposed for development is not contiguous to a parcel of land which
is designated as residential in the Zoning Atlas;
2. The use of the parcel proposed for development does not involve animal
confinement facilities that are open to the outside.
3. Lot area and width: The reduction in lot area and width will not result in a building
which is out of scale with existing buildings in the immediate vicinity of the parcel
proposed for development.
4. Side and rear setback
a. The reduction in side and /or rear setback does not prevent access to the
rear of any building by emergency vehicles;
b. The reduction in side and /or rear setback results in an improved site plan,
more efficient parking, or improved design and appearance and
landscaped areas are in excess of the minimum required.
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2 -704, Flexible Development, Table 2 -704 and Flexibility Criteria, "C" District Flexible
Standard Development Standards, is hereby amended as follows:
Section 2 -704. Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
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Table 2 -704. "C" District Flexible Development Standards
Use
Min. Lot
Min. Lot
Max.
Min.
Min. Side
Min. Rear
Min. Off - Street
Area
Width
Height
Front
(ft.)
(ft.)
Parking
(sq. ft.)
(ft.)
(ft.)
(ft.)
Alcoholic Beverage Sales
5,000—
50-100
25
15-25
0-10
10-20
5 per 1,000 GFA
10,000
Animal Boarding
5,000—
50 - 100
25
15-25
0-10
10-20
4 spaces per 1,000
10,000
GFA
Bars
5,000—
50 -100
25
15-25
0-10
10-20
10 per 1,000 GFA
10,000
Comprehensive Infill
Redevelopment Project
n/a
n/a
n/a
n/a
n/a
n/a
Determined by the
community
development
coordinator based
on the specific use
and /or ITE Manual
standards
Indoor
3,500—
30 -100
25-50
15-25
0-10
10-20
3- 5/1000 SF GFA
Recreation /Entertainment
10,000
or 3- 5/lane, 1-
2/court or
1 /machine
Light Assembly
5,000—
50 -100
25
15-25
0-10
10-20
4-5 spaces per
10,000
1,000 GFA
Limited Vehicle Service
5,000—
50-100
25
15-25
0-10
10-20
4-5 spaces per
10,000
1,000 GFA
Marinas and Marina
5,000—
50
25
25
10
20
1 space per 2 slips
Facilities
20,000
Mixed Use
5,000—
50-100
25-50
15-25
0-10
10-20
Based upon
10,000
specific use
requirements
Nightclubs
5,000—
50-100
25
15-25
0-10
10-20
10 per 1,000 GFA
10,000
Offices
3,500—
30-100
25-50
15-25
0-10
10-20
3/1,000 SF GFA
10,000
Off - Street Parking
10,000
100
n/a
15-25
0-10
10-20
n/a
Outdoor
20,000
100
25
15-25
10
10-20
1 -10 per 1,000
Recreation /Entertainment
SQ FT of land area
or as determined
by the community
development
coordinator based
on ITE Manual
standards
Overnight Accommodations
20,000—
100 -200
25-50
15-25
0-10
10-20
1 per unit
40,000
Problematic Uses
5,000
50
25
15-25
10
10-20
5 spaces per 1,000
SF GFA
Restaurants
3,500—
35-100
25-50
15-25
0-10
10-20
7 - 12 spaces per
10,000
1,000 GFA
Retail Plazas
15,000
100
25 -50
15 - 25
0-10
10-20
4 spaces per 1,000
GFA
5
Retail Sales and Services
3,500—
10,000
30-100
25-50
15-25
0-10
10-20
4-5 spaces per
1,000 GFA
RV Parks
40,000
200
25
15-25
20
10-20
1 space per RV
space
Schools (2)
30,000—
40,000
100 -200
25-50
15-25
0-10
10-20
1 per 3 students
Self Storage
20,000
100
25
15-25
10
10-20
1 per 20 units plus
2 for manager's
office
Social /Public Service
Agencies(1)
5,000—
10,000
50-100
25-50
15-25
0-10
10-20
3-4 spaces per
1,000 GFA
Telecommunication Towers
10,000
100
Refer to
section 3-
2001
25
10
20
n/a
Vehicle Sales /Displays
10,000—
40,000
100 -200
25
15-25
10
10-20
2.5 spaces per
1,000 SQ FT of lot
area
Vetenciaryy- Offices
5,000
60 --100
25
15 25
0-10
4-0-20
GFA
10,000
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * **
Y. Veterinary offices.
2. The use of the parcel proposed for development docs not involve animal
Sidc and rear setback
5. Front setback: The reduction in front setback results in an improved site plan or
Section 4. That Article 4, Development Review and Other Procedures, Division 1,
Required Permits and Approvals, is hereby amended as follows:
This Development Code establishes the following types of development approvals: Level
One, Level Two, and Level Three. Level One approvals involve those development
6
proposals which are reviewed and approved by the city's professional staff. Level Two
approvals are those development proposals which are more complex and involve the
use of greater discretion by an appointed board accountable, through the appointment
process, to the city commission. Level Three approvals are those approvals which state
law requires action by the city commission council because they involve issues of public
policy in the first instance. The following graphic portrays this concept of different levels
of approval:
DEVELOPMENT
REVIEW
COMMITTEE (DRC)
COMMUNITY
DEVELOPMENT
COORDINATOR (CDC)
DEVELOPMENT REVIEW
LEVEL LEVEL LEVEL *
1 2 3
• • •
• •
COMMUNITY .•�
DEVELOPMENT 1 •
BOARD (CDB) •� -/
COUNCIL COMMISSleN_
(CC)
0
HEARING ..*
OFFICER I •
(HO)
• REVIEW & REC!
0 FINAL ACTION
.. APPEAL
*Hotel Density Reserve Development Agreements are not reviewed by the Community
Development Board. Both required public hearings take place before City Council.
Section 5. That Article 4, Development Review and Other Procedures, Division 6, Level
Three approvals, is hereby amended as follows:
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LEVEL THREE APPROVAL
PRE - APPLICATION
CONFERENCE
APPLICATION FOR
DEVELOPMENT APPROVAL
DETERMINATION OF
COMPLETENESS AND SUFFICIENCY
BY DEVELOPMENT
REVIEW COMMITTEE
DEVELOPMENT REVIEW
COMMI I I EE (REVIEW)
COMMUNITY DEVELOPMENT
COORDINATOR
(RECOMMENDATION)
COMMUNITY
DEVELOPMENT BOARD
(RECOMMENDATION)
CITY etaMfrfISErION DECISION
MAX.
I 1! DAYS
BUILDING PERMIT
CUPATIONAL
LICENSE
(IF REQUIRED)
CERTIFICATE OF
OCCUPANCY
1. Hotel Density Reserve Development Agreements follow a slightly different process and have both
public hearings at City Council instead of one at the Community Development Board and one at
City Council.
Section 6. That Article 4, Development Review and Other Procedures, Division 6, Level
Three approvals, Section 4 -606 Development Agreements, is hereby amended as follows:
Section 4 -606 Development Agreements
A. Purpose and applicability. The city commicciefl council may enter into a general
development agreements or a hotel density reserve development agreement in
accordance with the provisions of this section and applicable Florida law to encourage a
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stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development.
B. Application requirements. In addition to the basic information required by Section 4-
202.A and the fee required by Section 4- 202.F., an application for approval of a any type
of development agreement shall be accompanied by:
1. A statement of the requested duration of the development-agreement, which shall
not exceed 10 years for a hotel density reserve development agreement and 20
years for a general development agreement.
2. A description of all existing and proposed public facilities and services that serve or
will serve the development.
3. A description of the uses desired to be permitted on the land, including population
densities and building intensities and heights.
4. Identification of zoning district changes, code amendments and comprehensive plan
amendments that will be required if the proposed development proposal were to be
approved.
5. The zoning and land use categories of all adjoining properties.
6. The complete names and addresses of all owners of properties abutting or lying
within 200 feet of the subject property as currently listed in the county records as of
one week prior to the filing of an application.
C. Staff review and report.
1. Hotel Density Reserve Development Agreements. The community development
coordinator shall review the application for a hotel density reserve development
agreement with the development review committee in accordance with the provisions
of Section 4- 202(C) and (D) and shall prepare a written recommendation te4he
to the City Council.
2. General Development Agreements. The community development coordinator shall
review the application for a development agreement with the development review
committee in accordance with the provisions of Section 4- 202(C) and (D) and shall
prepared a written recommendation to the community development board.
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D. Community development board review of general development agreements. The
community development board shall review the proposed general development
agreements, the recommendation of the community development coordinator, and the
testimony at the public hearing, the standards in Section 4- 606(F) and shall issue a
recommendation to the city council for approval or denial of the
development agreement.
E. City council review.
1. Hotel Density Reserve Development Agreements. The city commission-council
shall conduct both required a public hearings in accordance with the provisions of 4-
206. Upon conclusion of the public hearings, the commission council shall review
the proposed hotel density reserve development agreements, the recommendation
of the community development coordinator,
the testimony at the public hearings and approve, approve with
modifications, or deny approval of the proposed hotel density reserve development
agreement.
2. General Development Agreements. The city council shall conduct the final required
public hearing in accordance with the provisions of 4 -206. Upon conclusion of the
public hearing, the council shall review the proposed general development
agreement, the recommendation of the community development coordinator, the
recommendation of the community development board, the testimony at the public
hearing and approve, approve with modifications, or deny approval of the proposed
general development agreement.
F. Standards for review. In reaching a decision as to whether or not the hotel density
reserve development agreement or the general development agreement should be
approved, approved with changes, approved with conditions, or disapproved, the city
commission council shall determine whether the development is consistent with and
furthers the goals, policies and objectives of the Comprehensive Plan.
G. Contents of development agreements/recording.
1. Contents. The approved development agreement shall contain, at a minimum, the
following information:
a. A legal description of the land subject to the development agreement.
b. The names of all persons having legal or equitable ownership of the land.
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c. The duration of the development agreement, which shall not exceed ten years for
a hotel density reserve development agreement or twenty years for a general
development agreement.
d. The development uses proposed for the land, including population densities,
building intensities and building height.
e. A description of the public facilities and services that will serve the development,
including who shall provide such public facilities and services; the date any new
public facilities and service, if needed, will be constructed; who shall bear the
expense of construction of any new public facilities and services; and a schedule
to assure that the public facilities and services are available concurrent with the
impacts of the development. The development agreement shall provide for a
cashier's check, a payment and performance bond or letter of credit in the
amount of 115 percent of the estimated costs of the public faculties and services
to be deposited with the city to secure construction of any new public facilities
and serviced required to be constructed by the development agreement. The
development agreement shall provide that such construction shall be completed
prior to issuance of any certificate of occupancy.
f. A description of any reservation or dedication of land for public purposes.
g. A description all local development approvals approved or needed to be
approved for the development.
h. A finding that the development permitted or proposed is
consistent with the comprehensive plan and the community development code.
Additionally, a finding that the requirements for concurrency as set for in Article 4
Division 4-0 9 of these regulations have been satisfied.
i. A description of any conditions, terms, restrictions or other requirements
determined to be necessary by the city- semmission council for the public health,
safety or welfare of the citizens of City of Clearwater. Such conditions, terms,
restrictions or other requirements may be supplemental to requirements in
existing codes or ordinances of the city.
A statement indicating that the failure of the development agreement to address
a particular permit, condition, term or restriction shall not relieve the developer of
the necessity of complying the law governing said permitting requirements,
conditions, terms or restrictions.
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k. The development agreement may provide, in the discretion of the City
Council, that the entire development or any phase thereof be
commenced or be completed within a specific period of time. The development
agreement may provide for liquidated damages, the denial of future development
approvals, the termination of the development agreement, or the withholding of
certificates of occupancy for the failure of the developer to comply with any such
deadline.
I. A statement that the burdens of the development agreement shall be binding
upon, and the benefits of the development agreement shall inure to, all
successors in interest to the parties to the development agreement.
m. All development agreements shall specifically state that subsequently adopted
ordinances and codes of the city which are of general application not governing
the development of land shall be applicable to the lands subject to the
development agreement, and that such modifications are specifically anticipated
in the development agreement.
* * * * * * * * **
1. Changes to development agreements. A development agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4 -206 of this Development Code are followed.
1. Revisions to conceptual site plans, site plans and /or building elevations
attached as exhibits to any type of development agreement shall be governed
by the provisions of Section 4-406. Minor revisions to such plans may be
approved by the Community Development Coordinator. Other revisions not
specified as minor shall require an amendment to the development
agreement.
2. A party to a development agreement may request one extension of the
duration of the development agreement, not to exceed one year from the date
of expiration of the initial term of the development agreement, by submitting
an application to the community development coordinator at least 60 days
prior to the expiration of the initial term of the agreement. The application
shall address the necessity for the extension and shall demonstrate that the
extension is warranted under the circumstances. The community
development coordinator shall schedule the requested extension as a
proposed amendment to the development agreement for public hearing
before the community development board and city commission council, in
accordance with Section 4 -206.
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* * * * * * * * **
Section 7. That Article 8, Definitions and Rules of Construction, Section 8 -102,
Definitions, of the Community Development Code, is hereby amended as follows:
* * * * * * * * **
Development agreement, general means an agreement between the City of Clearwater and
one or more persons entered into pursuant to sections 163.3220 et seq., Florida Statutes
and relating to any development approval except those involving the allocation of the Hotel
Density Reserve on Clearwater Beach established by Beach by Design.
Development agreement, hotel density reserve means an agreement between the City of
Clearwater and one or more persons entered into pursuant to sections 163.3220 et seq.,
Florida Statutes for any development approval requesting an allocation of hotel rooms from
the Hotel Density Reserve on Clearwater Beach established by Beach By Design.
* * * * * * * * **
Section 8. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348 -99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 9. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 10. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 11. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 12. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING T� 1 y 1R, 2013
AS AMENDED
PASSED ON SECOND AND FINAL August 14, 2013
READING AND ADOPTED
13
-- c eoitc n Cr t C IBS
George N. Cretekos
Mayor
Approved as to form:
Leslie K. Dougai r . es—
Assistant
City A u -y
Attest:
LC-
Rosemarie CaII
City Clerk