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HomeMy WebLinkAbout3.1 3,1 • Town Of Los Altos Hills September 23, 1998 Staff Report to the Planning Commission RE: CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR SPECIALIZED MOBILE RADIO (SMR) TELEPHONE ANTENNA FACILITY; NEXTEL COMMUNICATIONS; LANDS OF FOOTHILL COLLEGE; 12345 EL MONTE ROAD (#154-98-ZP-SD-CUP) FROM: Curtis Williams, Planning DirelV RECOMMENDATION That the Planning Commission: Recommend to the City Council approval of the proposed project, subject to the conditions of approval outlined in Exhibit"A" (attached), and citing the findings outlined in Exhibit"B" (Conditional Use Permit). BACKGROUND In 1996 and 1997, the Planning Commission and City Council approved telecommunication facilities for Sprint Spectrum and Cellular One to locate antennas on the parapets of the gymnasium and/or locker room buildings at Foothill College. The antennas were painted to match the existing buildings and are now in place. GTE Mobilnet also has an existing facility at Foothill College, but that comprises a large monopole and antennas elsewhere on the campus. Nextel Communications has one other facility in Los Altos Hills, at the Fenwick property on Elena Road at its north end near Hwy. 280. That permit is under review as a separate item on this agenda. DISCUSSION The proposed project consists of the placement of eight (8) panel antennas on roof parapets of the auxiliary gymnasium (to the north of the Main Gym and pool) on the Foothill College campus, and a 10 foot by 16 foot fenced enclosure of equipment cabinets, located under the eaves on the north side of the auxiliary gymnasium, immediately adjacent to the existing Sprint Spectrum enclosure. Each panel antenna would measure 4 feet in height and 12 inches in width and the antennas would be installed in groups of four, mounted on the north and south side parapets and painted to match the parapet color(dark brown). The Foothill College property is a 136.44 acre parcel south of Hwy. 280 in Los Altos Hills. The equipment facility would occupy only 160 square feet of the site on the northeast side of the campus. A detailed analysis of development and floor area was not requested of the applicant, as information used in the recent past for development on the campus indicated considerable square footage allowable on the site, in compliance with the Town's Zoning Code. Similarly, setbacks far exceed the Town's required minimums. Wireless Communications Facilities Policy The proposed project would be located on a non-residential parcel, as encouraged by the Town's adopted policy. It would also have very little visual impact, as called for by the policy. The antennas are being co-located with Sprint on this building, and in close proximity to the locker room building, which also contains antennas for Sprint and for Cellular One. Standard conditions of approval include a 3-year renewal term, a Planning Commission: September 23, 1998 Nextel: SMR Antennas Page 2 provision for removal of the antennas if they are no longer used, and requirements to provide annual monitoring reports regarding radio frequency emissions. The applicant has provided an analysis of existing and projected RF emissions indicating that expected exposure levels at the ground would amount to no more than 0.9% of the applicable Federal limit. Conditional Use Permit Pursuant to Section 10-1.703(h) of the Zoning Code, public utility and service uses may be permitted in the Town with a conditional use permit, and wireless communications facilities are included in that definition. In order to approve a conditional use permit, the Planning Commission must make four fmdings, as outlined in Section 10-1.1107(1)(a) of the Zoning Code. The Commission's action on a use permit is a recommendation to the City Council. The required findings relate to the compatibility of the facility with its surrounding area, adequacy of the site to accommodate the proposed use, adequacy of access to the site, and impacts of the use on abutting property. Staff believes that the antennas' location on a college campus (public property), over 400 feet from .the-- freeway and substantial distances from neighboring residences, and mounted on the roof parapets of existing buildings, would satisfy the criteria for approval of the use permit. If the panel antennas are painted to match the color of the buildings, they should be unobtrusive visually. The small equipment unit enclosure would have no impact from a visibility or traffic perspective. Attachment 1 contains conditions of approval to reflect the requirements to paint the antennas to match the building colors and to comply with provisions of the wireless communications policy. Attachment 2 outlines proposed findings for approval. Comments from Other Staff and Committees A condition of approval has been added to require Fire District approval of the building enclosure details prior to acceptance of plans for building plan check. The Engineering Department requested no conditions. The Environmental Design Committee commented that the antenna colors should match the existing building, which is a condition of approval. Environmental Review In accordance with the provisions of the California Environmental Quality Act (CEQA), staff has determined that the project is categorically exempt. In particular, Class 1 of the CEQA Guidelines exempts minor alterations to existing buildings and small accessory structures. Staff is available to respond to questions from the Commission or the public. ATTACHMENTS - 1. Exhibit A: Conditions of Approval 2. Exhibit B: Findings for Approval for Conditional Use Permit 3. Application Submittal Package 4. Wireless Communications Policy 5. Project Plans (separate cover) Planning Commission: September 23, 1998 Nextel: SMR Antennas Page 3 ATTACHMENT 1 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT NEXTEL COMMUNICATIONS SMR TELECOMMUNICATIONS FACILITY FOOTHILL COLLEGE - 12345 EL MONTE ROAD #154-98-ZP-SD-CUP 1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit. Additionally, the Planning Director may, at any time, schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not being met or the facility is being used inconsistent with the approved use or in violation of Town development codes. 2. The use permit shall expire three (3)years from the date of approval. Renewal of the permit must be requested in writing, with appropriate fees, prior to the expiration date. 3. The panel antennas shall be painted to blend with the building color, to the satisfaction of the Planning Director,prior to final inspection. 4. The applicant shall provide plans to the Fire District regarding the types of equipment and any provisions for back-up power for the facility. The Fire Department must review and approve the proposal prior to acceptance of plans for building plan check, and any required fire protection equipment must be installed to the satisfaction of the Fire Department prior to final inspection. 5. The applicant shall submit a signed agreement to the Town, agreeing that, should the use be discontinued by the carrier, all facilities will be removed not later than ninety (90) days after discontinuance of the use or abandonment. The agreement shall be drafted by the City Attorney, and must be signed by the applicant and submitted to the Town prior to acceptance of plans for building plan check. 6. Not later than thirty (30) days after installation and initial operation of the antenna facility, and on or prior to January 1st of each year thereafter, testing of radio frequency emissions shall be conducted by qualified professionals and the reports of such testing shall be provided in writing to the Planning Department, with a comparison to applicable Federal emission standards. If at any time the emission levels are shown not to comply with Federal standards, the use permit shall be scheduled for a revocation hearing before the Planning Commission. CONDITION NUMBERS 4 AND 5 SHALL BE COMPLETED AND APPROVED BY THE PLANNING DEPARTMENT PRIOR TO ACCEPTANCE OF PLANS FOR BUILDING PLAN CHECK. Note: The Conditional Use Permit is valid for one year from the approval date (until September 23, 1999). All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years. Planning Commission: September 23, 1998 Nextel: SMR Antennas Page 4 ATTACHMENT 2 EXHIBIT "B" FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NEXTEL COMMUNICATIONS SMR TELECOMMUNICATIONS FACILITY FOOTHILL COLLEGE- 12345 EL MONTE ROAD #154-98-ZP-SD-CUP - _ 1. The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity; The communications facility has been located interior to the Foothill College campus, and is compatible with the institutional use, while providing for efficient radio coverage for the vicinity. The antenna is situated over 200 feet from the nearest residence, and approximately 400 feet from Hwy. 280. The project would be consistent with the Town's adopted telecommunications facility policy, in that it would be located on non-residential land and would result in no substantial visual impact. 2. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such_other features as may be required by this chapter or will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area; The Foothill College campus is 136.44 acres in size, and all structures are located in compliance with setback and other building provisions of the Code. The site can readily accommodate the structures, as well as access to the equipment for maintenance purposes. 3. The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and The project will generate only a few trips to the facility per month, for maintenance purposes. Access to the equipment and parking is readily available and easements through the campus exist for this purpose. 4. The proposed use will not adversely affect the abutting property or the permitted use thereof. The size of the site and the distance from adjacent lots and Hwy. 280 minimize any impacts of the project on abutting properties. The panel antennas will be mounted on the parapets of existing buildings, and will be painted to match the building color. The project would generate no noise or other nuisance impacts to surrounding properties. Town of Los• 1tos Hills Conditional Use Permit Application 12345 El Monte,Foothills College Application 1. Nextel is seeking a Conditional Use Permit under Section 10-1.703 from the Planning Commission and City Council,to install an unmanned, "enhanced specialized mobilized radio" (ESMR)transmission facility on the existing penthouse of the gymnasium at Foothill College. 2. PROJECT DESCRIPTION ' Nextel Communications Inc.of California has been authorized by the Federal Communications Commission(FCC)to construct and operate the first multi-purpose digital enhanced specialized mobile radio (ESMR) system in the United States. The services provided are considered a public utility under the laws of the California Public Utilities Commission. The fully digital Nextel ESMR mobile communication system will operate in the 806 to 866 Megahertz frequency band. Although Nextel uses frequencies similar to cellular service providers such as Cellular One and GTE Mobilnet,the Nextel system and market differ from both the cellular __ companies and the new Personal Communication Services (PCS)technology being offered by Pacific Bell Mobile Services and Sprint PCS. Nextel's market focus is to provide multiple functions on one hand-held device.The Nextel communicator can serve as a one-to-one communicator with another person;it can allow one person to talk to an entire group simultaneously for an impromptu meeting;and it can also serve as a cellular telephone for private conversations.Consumer goods and service companies such as construction,passenger shuttle companies,private security companies as well as messenger services currently use the ESMR system. Nextel Communications also offers service to local police, fire,and emergency service agencies (such as PG&E,Airporter Shuttle Service,EBMUD) as well as to the general public.Nextel now serves more than 350 cities across the United States and is currently offering services in 70 of the top 100 markets. In addition,Nextel International Inc.has wireless operations and investments in Canada,Mexico,Argentina,Brazil,Indonesia,Philippines,and Shanghai. In order to provide clear, consistent communication services and support the large number of customers in the surrounding area Nextel proposes to construct and operate an unmanned ESMR facility at 12345 El Monte, on the campus of Foothill College. The proposed facility will consist of 8 panel antennas (measuring 4'x 1'x 6") and an equipment shelter(10'X 20').The antenna arrays will face north and south on the façade of the penthouse on the College's gymnasium, providing coverage along I-280 and the neighborhoods of Los Altos Hills. In addition, two 3" round and 1" tall Global Positioning System antennas will be mounted on the penthouse in order to provide synchronized timing references to the site via satellite. One 4" tall and 8" wide Test Mobile antenna will also be mounted on the roof in order for the radio equipment to communicate with the main switching center in Oakland. In accord with the Town's Policy on Wireless Communications Facilities, design efforts will be made to minimize the visual and physical impacts of the proposed facility. The antennas will be mounted to the existing penthouse of the gymnasium and painted to match.The equipment shelter will be • Town of Lcs=Altos Hills Conditional Use Permit Application 12345 El Monte,Foothills College placed to the rear of the gymnasium, adjacent to the building. The shelter will be painted to match • the gymnasium.A redwood fence will surround the shelter for protection and be consistent with the other equipment shelters on the campus. ADDITIONAL INFORMATION A.SERVICE AREA DEFINITION Los Altos Hills is within the Federal Communications Commission (FCC) footprint, which identifies the license area Nextel Communications is mandated to serve. The total service area footprint ranges north to Redding,east to Reno,south to Grapevine,and west to the Pacific Ocean. Nextel Communications will provide its services equally throughout the town and County of San Mateo. As our consumer base is a mobile work force, it is strategic to place our transmitter sites in areas where our customers need service such as near major roadways, commercial, and business districts as well as in close proximity to neighborhoods. In addition, as the number of customers using our service grows,additional sites and/or radios will need to be added to provide capacity. This particular ESMR facility will provide service to the area noted on the enclosed COVERAGE MAP. ADJACENT NEXTEL SITES Direction Name Status Approx.Distance to Proposed Location North 28011 Elena Road,Los Altos Hills Existing 1 mile South 1721 Witham Road, Santa Clara Proposed 2.0 miles County East 386 State St., Los Altos Under Construction 1.5 miles West Black Mountain,Santa Clara County Existing 1 mile B. FREQUENCIES,WATTS AND EMISSIONS Nextel is licensed by the FCC to operate specifically within the 806 to 866 Megahertz frequency band at approximately 100 watts per channel, a level substantially less powerful than FM and TV facilities and a fraction of the power of a microwave oven (650 watts.) The energy emmitted from the facility will be at a level below the most conservative, sustained public expostre standards for radio frequency emissions (i.e., one millionth of a watt per square centimeter.) established by the FCC in 1996. Because of the short wavelength of the frequencies assigned to ESMR, the antennas require line of sight paths for their signals to propagate.Antennas for base stations are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground.Along with the low power of such facilities, this means that it is not possible for exposure conditions to approach the safety limits (discussed below) without being physically very near the antennas. Given Town of Lds'Altos Hills • Conditional Use Permit Application 12345 El Monte,Foothills College the placement of the antennas, on the existing penthouse near its top, it is impossible for the general public to get that close to the front of the antenna. C.MAINTENANCE PROGRAM The proposed ESMR facility will be unmanned and will not require the use of services such as water, sewer, or police. Electric power and telephone services are the only necessary utilities. Local utility companies will assist in extending services to the proposed location. After construction is complete, the site will be visited once or twice a month for routine maintenance. The panels will be on the roof of the building,which requires a key to access,while the electronic equipment will be inside a fenced area. These security measures will prohibit accessibility by unauthorized individuals. In addition, each facility is monitored 24 hours a day, electronically for intrusion and environmental disruption. The facility will also contain a small sign identifying a 1-800 number to call in case of an emergency (manned 24 hours a day by Nextel employees) and identifying it as a Nextel facility.We will comply with all FCC regulations regarding signage at the facility. D. ENVIRONMENTAL IMPACTS The proposed Nextel facility will not result in significant impacts to the environment or to the area in which it is located. The facility produces minimal noise (AC unit on equipment shelter), smoke, odors or refuse. It does not present a safety hazard,and it creates minimal traffic usage (typically one to two cars per month.) Operation of the facility will not conflict with other existing uses in the area. Construction will result in minimal disturbance to the surrounding area. The project should beconsidered exempt under the California Environmental Quality Control Act (CEQA) under Section 15303, New Construction, or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures. Given all anticipated improvements,the total amount of square footage added to the site will be less than 300 square feet. The United States Congress adopted "The National Environmental Policy Act of 1969" (NEPA) which requires all government agencies to take into account the potential environmental impact of their actions. The agencies must consider whether their actions significantly affect "the quality of the human environment." To implement this mandate with respect to the Telecommunications Act,the Federal Communications Commission has adopted rules covering NEPA and licensing and _ approving facilities and operations under its jurisdictions. The rules adopted are codified in the Code of Federal Regulations, Part I, Subpart I, of the FCC Rules and Regulations. Facilities or operations specified must provide information assessing the environmental effect of their proposal. The procedures implementing NEPA are found in 47 C.F.R. Subpart I,"Section 1.1301 et. seq. Under Section 1.1306, cellular carriers and ESMR carriers are categorically excluded from environmental processing, unless "antenna towers and/or supporting structures that are to be equipped with high intensity white lights - are to be located in residential neighborhoods, as defined Town of Los'A.ltos Hills •, Conditional Use Permit Application 12345 El Monte,Foothills College by the applicable zoning law." (See Section 1.1307(a)(8).) In addition, the FCC has determined that in order to comply with NEPA,no Environmental Assessments are required simply because of the specific height of an antenna tower. E. ENVIRONMENTAL EFFECTS • The proposed Nextel facility falls within all state and federal regulations for emissions of non-ionized energy emissions.The acceptable thresholds for exposures of unlimited duration are the nationally promulgated standards NCRP Report #86 (1986) and strengthened in 1996 by the FCC and EPA. The standards are the most restrictive of the national standards used in evaluating continuous exposure levels. Wireless Frequency Occupational Public Limit Telecommunications Limit Service Personal Communication 1900 MHz 5mW/cm2 lmW/cm2 Cellular Telephone 870 MHz 2.9mW/cm2 0.58mW/cm2 Specialized Mobile 850 MHz 2.8mW/cm2 0.57mW/cm2 Radio *mW/cm2 =milliwatts per square centimeter All antenna facilities (including radio and television broadcasting, microwave and cellular communications, ham radios, police radar) emit a small amount of non-ionizing radio frequency energy ("RFR"). This form of radio wave energy is low in power and cannot ionize, or alter, the molecular structure of living tissue. At the June 1996 meeting of the Bioelectromagnetic Society (the principle meeting where biological and health effects of radiowaves are discussed),there were over 80 papers that dealt with radiowaves and/or personal communication systems. None of these papers reported results that would suggest that radiowave exposure at levels allowed by the 1992 ANSI standard that pose any health risk to humans. Quote from:Cellular Phone Antennas and Human Health,April 5, 1998 from a Frequently Asked Question Web Page (http://www.mcw.edu/gcrc/cop/cell-phone-heajth-FAQ/toc.html).The maintainer of the page is Dr.John E. Moulder,Professor of Radiation Oncology,Medical College of Wisconsin. F. FAA REGULATIONS Federal Aviation Administration (FAA) rules require that the location and height of proposed facilities be reviewed by the FAA to prevent interference with the operations of nearby airports. The FAA has jurisdiction over proposed facilities that exceed 200 feet in height, as well as smaller towers and facilities located within 20,000 feet of a major airport (serving commercial and/or military aircraft) and 10,000 feet of a general aviation airport (serving small aircraft).. Nextel will be in full compliance with all FAA requirements. `V Town of Los Altos Hills Conditional Use Permit Application 12345 El Monte,Foothill College Findings: 1. The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and services facilities in the vicinity; Foothill College is identified as a priority site for placing wireless communication facilities under the _ City's Policy for Wireless Communication Facilities (Section 10-1.703 of the Zoning Ordinance). - A site at Foothill College will provide radio frequency coverage along I-280 and the surrounding community(see propagation diagram attached). The proposed site will connect with an existing site in Los Altos Hills (to the north and west of I-280) and a planned site in Santa Clara County(to the south and west of I-280). Nextel is mandated under its license with the Federal Communications Commission(FCC)to provide a seamless communication network throughout Northern California. Without the Foothill College site,a large portion of I-280 and Los Altos Hills will not have service. 2. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces,walls and fences,parking,loading, landscaping, and other such features as may be required by this chapter or,will be needed to assure that the proposed use will be reasonably compatible with the land uses normally permitted in the surrounding area; The proposed site is on the façade of an existing penthouse of the gymnasium at Foothill College. An equipment shelter will be placed to the rear of the gymnasium against the structure. The proposed site is small,300 square feet,and will not interfere with the on-going use of the gymnasium or adjacent open spaces. The site is unmanned and will not require new parking or loading spaces. 3. The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and The proposed site is part of the Foothill College.An existing roadway network through and around the Campus serves the College. The proposed use will not generate a large amount of traffic.The use is an unmanned facility and monitored from Nextel's switches in Oakland and Santa Clara.Any change in the environmental conditions of the equipment shelter or transmission facilities will be detected in the switches and appropriate personnel dispatched to correct the situation.The use requires 1-2 visits a month from Nextel's technicians to maintain the radio equipment.The maintenance window for all Nextel facilities is generally during low traffic periods (1 -5 AM). 4. The proposed use will not adversely affect the abutting property or the permitted use thereof. The Foothill College gymnasium is on the east-side of the property,adjacent to the I-280 corridor. The small size of the project,and mounting to the penthouse,will allow the facilities to be painted to match the gymnasium,minimizing distant views of the antennas. The equipment shelter will be placed to the rear of the gymnasium with a redwood fence surrounding the shelter. The shelter will be adjacent to the existing Sprint equipment area.Both equipment areas are screened from other College buildings by dense foliage along the length of the gymnasium. TOWN OF LOS ALTOS HILLS Policy Re: Wireless Communications Facilities Code Sections and Design Guidelines: Section 10-1.703(h)(2) of the_ Zoning Ordinance allows service uses, including "communications facilities", to be permitted in the Town if a Conditional Use Permit is granted by the Planning Commission and City Council. Section 10-1.1107(1) of the Code outlines findings which must be made to approve a use permit, including the proper location of the use or facility relative to others in the vicinity, the adequacy of the site to accommodate the use, and that the facility or use will not have an adverse effect on adjacent properties. The Design Guidelines do not address such uses, but do suggest (on pages 29-31) that ancillary facilities, such as lights, pool equipment, and satellite dishes, be located so as to minimize impacts on neighbors. Intent: The purpose of this policy is to outline the desired criteria for siting of wireless communications facilities, generally including monopoles, related antennas, and equipment shelters. As the Town's land use is virtually entirely residential, wireless communication facilities will be most appropriately located on public or institutional sites existing within the Town. Collocation, location on or near existing buildings, and landscape screening will be desired to minimize the visual impacts of the facilities on neighbors and the public. Policies: 1. Priorities for Siting. Wireless communication facilities shall generally be located on properties not used for residential purposes, with priority as follows: a) Town-owned properties; b) Foothill College; c) water tank sites; and d) other public or quasi-public facilities, such as schools or churches. _ 2. Siting on Residential Parcels. Wireless communication facilities shall not be permitted on properties used for residential purposes or vacant parcels intended for residential use, unless the residential property owner provides. written consent and: a) the carrier demonstrates that all alternative non- residential sites (including collocation) have been explored and are not technologically feasible for use; and b) no significant visual impacts would result from the proposed facility location. The Town may, at its discretion and at the applicant's cost, retain an independent telecommunications expert to review the carrier's documentation and advise the Town regarding the technological feasibility of alternate sites. Policy Re _Wireless Communications Facilities page 2 3. Collocation. Collocation of wireless communication facilities with other facilities is encouraged to the maximum extent feasible, as long as the collocation is technologically compatible and does not substantially increase visual impacts. The Town will generally require as a condition of approval for any conditional use permit that the applicant permit collocation of other facilities, subject to technological constraints and Town review. 4. Landscape Screening and Color. Landscape screening shall be required by the Town to minimize the visual impacts of wireless communication facilities. Poles, antennas, and equipment buildings should be painted to blend with the surrounding environment and/or buildings to further minimize visual impacts. 5. Environmental Review. A Negative Declaration will typically be prepared for review of proposed wireless communication facilities, with special attention to the visual impacts of the facilities. Categorical exemptions may be used where facilities are collocated with or would be minimal additions to existing structures,with negligible additional visual impact. 6. Antenna Master Plans. Any applicant for a wireless communication facility site shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier for a three (3) to five (5) year period, and the requests shall be reviewed by the Planning Commission and City Council as a master plan application. 7. Term of Permits and Abandonment of Sites. Conditional use permits for wireless communication facilities shall be established for periods not to exceed five (5) years, at which time renewal of the permit must be-requested by the applicant. More frequent review of the operation of the permit may be made a condition of approval. Approval will also require a written agreement from the applicant that, should the use be discontinued by the carrier, all facilities will be removed not later than ninety (90) days after discontinuance of the use or abandonment. •Such a provision shall also be included in any lease with the Town for use of Town lands for wireless communications facilities. The Town may require bonding or other surety to assure the removal of such facilities. 8. Wireless communication firms shall, at the time of application for permits, demonstrate efforts which have been made to inform neighboring residents of the proposed facilities, such as conducting meetings, or mailing fact sheets and/or letters, etc. to neighbors. Approved by City Council: August 21, 1996