HomeMy WebLinkAboutOrd 1979-1854 ORDINANCE NO. 1854
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 19 . 06 , 19 . 07, 19 . 12 , 19 . 14 AND 19 . 48 OF
THE CHULA VISTA MUNZCZPAI, CODE RELATIDIG TO GENERAL
PLAN t�vD SPECIFIC PLAN PROCEDURES AND TO THE
P-C PLANNED COIVll�IUNITY ZONE
By a unanimous vote on February 6 , 1979 , the City
Council adopted the ordinance which makes permanent
certain amendments to the Chula Vista Municiqal Code.
On August 15 , 1978 , the City Council adopted the E1
Rancho del Rey Specific Plan/General Development Plan
and enacted several regulations into an interim
ordinance which was valid for a 90-day period of time.
This ordinance replaces the interim ordinance changing
only ambiguous language in order to make the text
easier to understand, use and implement. The P-C
zonal regulations address the form, content and
effectuation of the general development plan. The
amendments also define the issue of "inverse condemna-
tion. " Conies of' the ordinance are available in the
o�£ice of the City Clerk, City Hall, 276 Fourth Avenue.
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ORDINANCE NO. 1854
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 19. 06, 19 . 07 , 19. 12 , 19 . 14 AND 19. 48 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO GENERAL
PLAN AND SPECIFIC PLAN PROCEDURES AND TO THE P-C
PLANNED COMMUNITY ZONE
The City Council of the City o£ Chula Vista finds as
follows:
That in accordance with the attached Negative Declaration,
IS-79-32 and the findings therein, the proposed amendments to the
Chula Vista Municipal Code relating to General Plan and Specific
Plan procedures and to the P-C Planned Community Zone will not have
a significant impact upon the environment, and the City Council
hereby certifies that the Negative Declaration was prepared in
accordance with the California Environmental Quality Act of 1970,
as amended.
The Chula Vista City Council does hereby ordain as
follows:
SECTION I: That Sections 19 . 06 . 010, 19. 06 . 020 and
19 . 06. 030 of Chapter 19. 06 of the Chula Vista Municipal Code be,
and the same are hereby amended to read as follows, and Sections
19. 06 :040 and 19 .06. 050 of Chapter 19 . 06 of said Code be , and the
same are hereby repealed.
CHAPTER 19 . 06 GENERAL PLAN
Sec . 19.06 . 010 General Plan - Authority for
and Scope of.
Sections 65300 through 65361 of the Government Code
of the State of California relating to the authority for
and scope of general plans, and the method of adoption
of general plans are hereby adopted and .incorporated
herein by reference as though set forth in full.
Sec. 19 . 06 . 020 General Plan - Administration.
Section 65400 through 65402 0£ the Government Code
of the State of California relating to the administra-
tion of the general plan are hereby adopted and incor-
porated herein by reference as though set forth in full.
Sec. 19 . 06 .030 General Plan - Implementation of,
The systematic implementation of the general plan
or any general plan element as provided in Section
65303 of the Government Code of the State of California
may be undertaken by the adoption of specific plans,
which shall include all detailed regulations, conditions,
programs and proposed legislation which may be necessary
or convenient for such implementation. The general plan
may also be implemented by the adoption of zoning ordi-
nances which shall in accordance with Section 65860 of
the Government Code of the State of California be con-
sistent with said general plan.
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SECTION II: That a new Chapter 19 . 07 be and the same
is hereby added to the Chula Vista Municipal Code to be and to
read as follows :
CHAPTER 19 . 07 SPECIFIC PLANS
Sec. 19. 07 .010 Specific Plan - Authority for and
Scope of.
Section 65450 through 65507 of the Government Code
of the State of California relating to the authority
for and scope of specific plans , and the procedures for
the adoption of specific plans are hereby adopted and
incorporated herein by reference as though set forth in
full.
Sec . 19. 07 .020 Specific Plans - Administration of:
Sections 65550 through 65553 of the Government Code
of the State of California relating to the administra-
tion of specific plans are hereby adopted and incor-
porated herein by reference as though set forth in
full.
Sec . 19. 07 . 030 Specific Plans - Zoning Implementation
Thereof,
Specific plans may be implemented through the adoption
of standard zoning ordinances or the planned community
zone as provided in this title. If the specific plan is
to be implemented through the use of standard zones , any
open space uses or other public uses so designated on the
specific plan may be allowed to be developed in a manner
logically consistent with and in conformity to adjacent
and contiguous land uses as shown on the specific plan;
provided, however, the developer must show that such
development, which must be residential, thus allowed will
not increase the overall density of the total area incor-
porated into the specific plan. Further, in no case,
shall any designated open space land or land designated
for other public use in said specific plan, be developed
for any use other than residential. Should all adjacent
' and contiguous land uses be designated for other than
residential, the underlying land use on such open space
may be requested for development at no greater density
than that allowed in the R-E zone. .
If any territory subject to an adopted specific plan
is zoned P-C, the involved property owners may register
their concurrence with terms and provisions of the adopted
specific plan, and may proceed with development in accord-
ance therewith, provided that the required fees are paid,
and the procedural and substantive requirements of the P-C
zone are met. The said registration of concurrence
shall , by operation of law, establish the adopted specific
plan as the general development plan of the involved P-C
zone. If the property owners do not register their concur-
rence with the terms and provisions of the adopted specific
plan, they may proceed with the development of their
property through the use of standard zoning, as provided
hereinabove.
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SECTION III: That Section 19 . 12 . 030 of Chapter 19 . 12 of
the Chula Vista Municipal Code be, and the same is hereby amended
to read as follows:
Sec. 19 . 12 .030 Rezoning - Application Required -
Filing fee.
Applications for any change in zone boundaries , classi-
fication or reclassification of zones made by one or more
owners or parties of interest in the property within the
area to be affected by the proposed action shall be filed
with the Director of Planning, accompanied by such data
and information which would insure a full presentation
of the facts and circumstances to justify the reasonable-
ness of the proposed action. Said application shall be
in a form as approved by the Planning Commission and
shall be affirmed by the applicant. Each application
shall be accompanied by a £iling fee as set forth by the
Master Fee Schedule o£ the City of Chula Vista,
SECTION IV: That Sections 19 . 14. 270 through 19 . 14 . 320
of the Chula Vista Municipal Code, which establish the administra-
tive procedures for the P-C Planned Community Zone and which are
incorporated into Chapter 19 . 48, be, and the same are hereby
repealed.
SECTION V; That Chapter 19 . 48 of the Chula Vista Municipal
Code be, and the same is hereby amended to" read as follows:
CHAPTER 19.48
P-C PLAPIPlED COi•1i�tUi'IITY ZOPIE
Sections:
19.48.010 Purpose
19.4H.020 Re9ulations generally - i-linimum acreage -
O�:,nership restrictions
19.48.030 Application - Method - Documents required �
19.48.040 Application - General development plan required-
- Contents required
19.48.050 Findings required for recortenendation of estab'ishment
19.48.060 P-C zone - Planning Cormnission action
19.48.070 P-C zone - City Council action - Compliance
with 9eneral development plan required
19.48.080 General development plan - P4odification requests
and procedures
19.48.090 Sectio�al plannin9 areas and sectional planning
area plans - Requirements and contents
19.48. 100 Sectional planning area plans - Finding required
for recommendation of approval
19.48.110 Sectional planning area plans - Actions of P;anning
Commission and City Council•
19.48.120 Sectional planning area plans - Ef°ect of plan
� approval
S 19.48. 130 Sectional planning area plans - I�todification requests
and procedures
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19.;8.010 Purpose
The purposes of the planned corrununity zone are to:
A. Provide `or the orderly preplanning and iong-term development of large
tracts of land �:ihich may contain a variety of land uses, but are under
unified o�•mership or develooment control , so that the entire tract
taill orovide an environment of stable and desirable character;
B. Give the developer reasonable assurance that sectional development
plans prepared by him in accordance with an approved �eneral development
plan will be acceptable to the city. Sectional development plans may
include subdivision plans and/or planned unit development plans as
provided for in this title;
C. Enable the city to adopt measures providing for the development of the
surrounding area compatible �•iith the planned cormnunity zone.
i9.48.020 Re9ulations generally - I•linimum acreage -
Ownership restrictions ,
The folloviing re9ulations shall apply in all P-C zones and all development
shall be subject to other provisions of this chapter, ex;.�pt that whe�•e
conflict in regulations occurs, the regulations specified in t:iis section
shall apply:
A. P-C zones may be established on parcels of land aihich are suitable for,
and of sufficient size to be planned and developed in a manner ccnsistent •
�•iith the purposes of this chaoter and the objectives of this division. No
P-C zene shall include less than fifty acres of contiguous lands;
B. Al1 land in each P-C zone, or aoproved section' thereof, shall be held
in one ormership or under unified control unless otherwise authorized by
the Planning Commission. For the purposes of this chapter, the written
consent or agreement of all oemers in a P-C zone to the proposed general
development plan shall be deemed to indicate unified control . I
19.G8.030 Application - hlethod - Documents required '
A P-C zone may be initiated by one or more o�aners or by a developer
representing said otianers upon application made in the manner specified by
Section 19.48.040. The application shall be accompanied by a general develop- I
ment plan as specified hereinafter. �
19.48.040 Application - General development plan required -
Contents required.
A. The application shall include a general development plan tiahich shall consist
of a plan dia9ram and text. The aoplication shall be accompanied by a fee as
set forth in the hlaster Fee Schedule of the City of Chula Vista. The plan I
diagram shall show the follov+ing: ' '
l . The topographic character of the land;
2. Any major grading intended;
3. The 9eneral location of all existin9 and proposed uses of the land;
4. The approximate location of all traffic �•iays; except those solely
serving abutting uses;
5. Any public uses, such as schools, parks , playgrounds , open space
and undisturbed natural land; and,
6. The approximate location of different residential densities of
d�•�elling types.
B. The application shall include a text oihich indicates:
l . Description of the project, including the boundaries and names of
proposed Sectional Planning Areas;
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2. The anticipated sequential development of each section of the
development for which specific uses are intended or for o-�hich
Sectional Planning Area plans �•iill be submitted;
3. The approximate area of each Sectional Planning Area of the
development and the area of each separate land use;
4. For residential development or residential areas of any P-C zone
development:
a. The approximate number of d�•relling units proposed by type of
d�•�elling. This may be stated as a range �aith maximum and
minimum number of units of each type, �
b. The approximate total population anticipated in the entire
development and in each Sectional Plannin9 Area. This may be
stated as a range �•iith a maximum and minimum number of persons ,
c. The general criteria relating to height, open space, and building
coverage.
d. The number of d��relling units per gross acre proposed for each
Sectional Planning Area of the development, • '
e. The approximate land ar�ea and number of sites proposed for public
use of each type,
f. 4Jhere aporopriate, the approximate retail sales area space in
square feet and gross area in acres proposed for commercial
development o-iith standards of off-street parking and landscaping
and circulation for vehicles and pedestrians;
5. for comnercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each Sectional
Planning Area thereof,
b. Anticipated employment in the entire development and in each
Sectional Planning Area thereof. This may be stated as a range,
c. i•lethods proposed to control or limit dangerous or objectionable .
elements , if any, �ahich may be caused or emitted by proposed uses.
Such dangerous or objectionatile �elements may include fire,
explosion, noise or vibration; smoke, dust, odor, or other .
form of air pollution: heat, cold, dampness; electric or other
disturbance: glare: liquid or solid refuse or waste or other
substance, condition or element o-�hich might adversely affect
the surrounding area.
d. The approximate standards of height, open space, buffering,
landscaping , pedestrian and vehicular circulation, .off-street
parking and loading proposed for the intended structures or
uses;
6. for institutional , recreational or other nonresidential uses of any
P-C zone:
a. Approximate types of uses proposed in the entire area and each
Sectional Planning Area thereof,
b. Significant applicable information o-iith respect to enrollment,
residence, employment, patients , attendance, and other pertinent
social or economic characteristics o-� development,
c. The approximate standards of height, open space, buffering; land-
scaping, pedestrian and vehicular circulation, off-street oarking
and loading, proposed for the intended structures or uses.
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19.48.050 Findings required for recommendation of establishment.
The Planning Commission, after public hearing as provided in Sections
19. 12.010 through 19.12.110 of this title, may recommend the establishment
of a P-C zone, provided it finds that the facts submitted 4iith the application
and presented at the hearing establishes by clear and convincin9 evidence that:
A. The proposed development as described by the general development plan
is in conformity �aith the provision : of the Chula Vista gener.al plan;
B. �A planned community development can be initiated by establishment of
specific uses or Sectional Planning Area plans o-�ithin tti��o years of .
the establishment of the planned community zone;
C. In the case of proposed residential development, that such development
�•iill constitute a residential environment o�, sustained desirability
and stability; and that it �aill be in harmony �aith or provide compatible
� variety to the character of the surrounding area, and that the sites
proposed for public facilities, such as schools, playgrounds and parRS ,
are adequate to serve the anticipated population and apoear acceptable
to the public authorities having jurisdiction thereof;
D. In the case of proposed industrial and research uses, that such
development �•rill be appropriate in area, location, and over-all
design to the purpose intended; that the design and development
stardards are such as to create a research or industrial environment
of sustained d�irability and stability; and, that such development
will meet performance standards established by this title;
E. In the case of institutional , recreational , and other similar
nonresidential uses, that such development will be appropriate in area,
location and over-all planning to the purpose proposed, and that
surrounding areas are protected from any adverse effects from such
development;
F. That the streets and thoroughfares proposed are suitable and adequate
to carry the anticipated traffic thereon;
G. That any proposed co�nercial development can be justified economically
at the location(s) proposed and �aill provide adequate commercial
facilities of the types needed at such proposed location(s) ;
H. That the area surrounding said development can be planned a^d zoned
in coordination and substantial compatibility o+ith said development.
19.48.060 P-C zone - Planning Com�ission action.
Follo:�ing a public hearing , and upon making the required findings, the
_ Plannin9 Commission shall make a recomnendation to the City Council for aporoval
or modified approval of a proposed P-C zone, and shall also adopt a resolution,
recomnending ihat the City Council adopt the general development plan as
submitted or as modified. Such reco�nendation and the recomnended general
development plan shall be forwarded to the City Council for its consideration.
If unable to .make the required findin9s, the Planning Comnission shall deny
said applicatTOn. M appeal fran the action of the Planning Commission may
be filed in acLOrdance with Section 19.12.110 of this title.
19.48.070 P-C zone - City Council action - Compliance with general
development plan required.
Upon receipt of a recommendation by the Planning Commission for approval
or modified approval of any P-C zone, the City Council shall set a public
hearing on the matter.
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A. folloo-�ing its public hearing, the City, Council may adopt an amendment to
the Zoning Ordinance establishing a P-C zone, or may deny ihe proposed
amendment. The City Council shall make no modification of the proposed
amendment as recormended by the Planning Commission unless and until
suchnodification shall have been referred to the Planning Commission
for additional study, report and recanmendation. Such additional study,
report and recomnendation shall be made by the Planning Commission within
forty days of the date of the referral , unless and except as the
City Council may grant the Planning Commission additional time for its
revie�•� of the matter.
B. At th� time of adoption of a P-C zone amendment, the City Council shall '
adopt, by resolution, the general development plan as defined in Section
19.48.040 of this chapter.
C. Follo��ing the adoption of the P-C zone amendment and the general development
plan, all. development within the district shall thereafter be in sub-
stantial conformity �aith the said adopted general development ptan or such
modifications thereto as may have been apF�oved.
19.48.080 General development plan - hiodification requests and
procedures. -
A. From time to time, it may be necessary and desirable to modify the approved
general development plan. htodification of such a plan may be initiated
by the pr.operty ot•mer, his authorized agent or developer.
B. Requests for modifications shall be submitted to the Plannin9 Commission on
aprescribed form and shall be accompanied by such additional maps,
statements, or other information as may be required to supoort the
proposed modification and the required fee. -
C. The Planning Commission shall cor.duct a public hearing on all proposed
modifications. The Planning Corrmission may recommend approval , conditional
approval , or denial of a proposed modification to the City Council whicn
shall conduct a public hearing thereon.
D. htodification to an approved general development plan shall be made only
by resolution of the City Council . 4•lithin thirty days after receipt
of a recomr.iendation from the Planning Commission, the City Council shall
approve or deny the proposed modification.
19.48.090 Sectional Planning Areas and Sectional Planning Area plans--
requirements and content.
A. All P-C zones shall be divided into Sectional Planning Areas. These areas
of subcorrmunities shall be depicted on the plan diagram of the general
development plan of a P-C zone, and shall be addressed in the text thereof.
B. Sectional Planning Areas shall be composed of identifiable planning units,
within vrhich common services and facilities, a strong internal unity, and
an integrated pattern of land use, circulation, and townscape planning are
readily achievable. l•7here practicable, Sectional Planning Areas shall have
discernible physical boundaries.
C. Prior to any development �•�ithin a Sectional Planning Area, the developer
shall submit a Sectional Ptanning Area p)an ,. accompanied by the requisite
filing fee and a completed, official application , to the Planning Commission
for public hearing, consideration, and recorrmendatory action, unless such
Sectional Planning Area Plans are not required by the text of an adopted
General Development Plan. The Sectional Planning Area Plan shall include the
following site utilization plan and documents:
1 . A site utilization plan of the Sectional Planning Area at a scale of
1 " = 200' minimum or as determined by the Director of Planning. The plan
shall extend a minimum of 300 feet beyond the boundaries of the Sectional
Planning Area and show the folloo-iing:
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a. The boundaries of the Sectional Planning Area;
b. t;orth arro�a and scale;
c. Preliminary grading (including slope ratios and spot elevations vrhere
appropriate) ;
d. Existing and proposed streets (This shall include all public and
private streets as :aell as their approximate 9rades and typical widths.
The names of the existing streets shall be indicated. ) ;
e. Existing easements (identify) ; �
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes.
h. Pedestrian �aalks;
i . Permanent physical features (i .e. , �aater toviers, transmission to�•�ers,
drainage channels, etc. ) ;
j . Land uses (include the acreage of each) : �
(1 ) Parks
(2) Open space
(3) Schools (indicate type)
(4) Public and quasi public facilities (include type)
(5) Residential
(a) Dwelling type (i .e. , single far�ily, duplex, attached,
etc. )
(b) Lot lines
(c) Lot size
(d) Number of units (indicate density for each d�•ielling type)
(e) Parking (covered or open parking and parkiny ratio)
(f) Typical floor plans and site plans at a minimum scale of
1 " = 20' . (The site plan shall include sufficient detail
on adjacent development to determine the relationship of
driveways , landscaping, walks , buildings, etc. ).
(g) The building elevations of each type of structure (including
exterior colors and materials) .
(6) Cormnercial
(a) Location and proposed use of each structure
(b) The building elevations and floor plans of each
structure (include exterior colors and materials)
(c) Retail floor area (square footage)
(d) Landscaped areas
(e) Circulation (vehicular and pedestrian)
(f) Off-street parking (standards and ratio)
(7) Industrial
(a) Location and proposed use of each structure
(b) The building elevations and floor plans of each
structure (include exterior colors and materials)
(c) Retail floor area (square footage)
(d) Landscaped areas
(e) Circulation (vehicular and pedestrian)
(f) Off-street parking (standards and ratio) .
2. Development standards (i .e. , permitted land uses, lot coverage, height
and bulk requirements, signs, etc. ) for each land use area and
designation.
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3. Development to occur in phases shall be so indicated on the plan. A
skeletal plan shall be prepared for those areas indicated for future
develooment. The skeletal plan shall indicate circulation, building
locations, preliminary grading, areas devoted to landscaping, density
and parking. The submission of each subsequent phase will require a
new application and a fee for a modification of a Sectional Planning
Area Plan, together �•iith the required detailed plans.
19.48.100 Sectional Planning Area Plans -- Findin9s required for
reco�rnnendation of approval
The Planning Commission, after public hearin9, may recanmend the approva7 of
a Sectional Planning Area Plan, provided it finds that the facts submitted :Yith
the plan and presented zt the hearing establish that:
A. The proposed Sectional Planning Area Plan is in conformity �aith the yr.ne:•al
development plan of the P-C zone, any adopted specific plans, and the Ch��la
Uista General Plan and its several elements. �
B. The proposed Sectional Planning Area Plan o-iould promote the orderly,
sequentialized development of the involved Sectional Planning Area.
C. The proposed Sectional Planning Area Plan �•�ould not adversely affect adjacent
land use, residential enjoyment, circulation, or environmental quality.
19.�8.110 Sectional Planning Area Plans -- Nctions of Planning Commissiun
and City Council
A. If, from the facts presented, the Commission is unable to make the findir�gs
set forth above, it shall recommend disapproval of the application. •
B. The Comnission may recorrenend disapproval of a Sectional Planning Area Plan;
may recommend approval of said plan as submitted; or may recommend appro�al
of said plan subject to specified modifications .
C. The City Council , upon receipt of the recommendation of the Planning
Commission on a submitted Sectional Planning Area Plan, shall conduct a
public hearin9 thereon. The City Council may approve, deny, or modify the
said plan. If the City Council desires to modify a Sectional Planning Area
Plan, such modification shall be referred back to the Planning Co�nission for
written recanmendations �before adoption. The failure of the Commission to
report :•iithin taienty-eight days after reference shall be deemed to be
approval of said modification.
19.48.120 Sectional Planning Area Plans -- Effect of plan upproval
The approval of a Sectional Planning Area Plan shall constitute a refir.ement
of the adopted general development plan of the P-C zone.
19.48.130 Sectional Planning Area Plans -- I•lodification requests and
procedures
A. From time to time, it may be necessary and desirable to modify the approved
Sectional Planning Area Plan. Flodification of such plan may be initiated by
the property owner, his authorized agent or developer.
B. Requestsformodifications shall be submitted to the Planning Commission on
a prescribed form and shall be accompanied by such additional maps, statements,.
or other information as may be required to support the proposed modification
and the required fee.
C. The Plannin9 Cor�nission shall conduct a public hearing on all pr•oposed
modifications. The Planning Commission may recorrmend approval , conditional
approval , or denial of a proposed modification to the City Council ti•+hich shall
conduct a public hearing thereon.
D. htodification to an approved Sectional Planning Area Plan shall be made
only by resolution of.tfie City Council . ':Jithin thirty days ,after receipt
of a recorrmendation from the Planning Commission, the City Council shall
approve or deny the proposed modification. �
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SECTION VI : This ordinance shall take effect and be in
full force on the thirty-first day from and after its adoption.
Presented by Approved as to form by
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D. J. Petc�rsJ� , U�.�reeto George D. Lindberg, City Attorn y
Planning
FIRST READ at a regular meeting o£ the CITY COUNCIL of
the CITY OF CHULA VISTA, CALIFORNIA, held Januarv 23 �
1979 , and finally PASSED AND ADOPTED at a regular meeting thereof
held February 6 , 197�, by the following vote, to-wit:
AYES: Councilmen: Scott . Cox. Eedahl . Hvde. Gillnw
NAYES: Councilmen: None
ABSENT: Councilmen: None
G�� �°`�
G��L� Mayor of the City of Chula Vista
ATTEST
DeputyCity Clerk
STATE F CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Ordinance No. , and that
the same has not been amended or repealed. DATED
City Clerk
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