HomeMy WebLinkAboutCode Amendment-Granny Units (PA2003-054)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
April 3, 2003
TO: Planning Commission
FROM: Planning Department
Chandra Slaven, Assistant Planner
csiaven(&city.newaort- beach.ca.us (949) 644 -3231
SUBJECT: Code Amendment No, 2003 -001 — Approval Authority for Granny Units
(PA 2003 -054)
ISSUE:
Should the City amend Title 20 of the Newport Beach Municipal Code that would amend
Chapter 20.85 (Accessory Dwelling Units) to make the existing Use Permit requirement for
a granny unit subject to the approval of the Planning Director?
RECOMMENDATION:
Adopt Resolution No. recommending approval of Code Amendment No. 2003 -001
to the City Council.
DISCUSSION:
Background:
The Planning Commission initiated the Code Amendment on March 6, 2003 on the basis
of State Law Assembly Bill 1688, Chapter 1062, Statutes 2002. This bill amended Section
65852.2 of the Government Code and it requires a local agency, on or after July 1, 2003,
to review an application for a second unit on a residential property ministerially.
Analysis:
Section 20.85.010 of the Zoning Code establishes procedures for the creation of granny
units according to Government Code (GC) Section 65852.1, and provides development
standards to insure the orderly development of these units in appropriate areas of the City.
Additionally Section 20.85.010 prohibits the development of second units on single family
residential lots in accordance with Government Code (GC) Section 65852.2. GC Section
65852.2 concerning second units is not applicable to the granny unit provisions of the City
Zoning Code.
Granny Units (PA2003-054)
April 3, 2003
Page 2
State Law Assembly Bill 1688, Chapter 1062, Statutes 2002 only amended Section
65852.2 of the Government Code. After researching this legislation, staff has concluded
that this section within state law is not applicable to the granny unit provisions, since it is
governed by GC 65852.1, which was not changed. Consequently, no further action is
necessary on the part of the City.
According to GC Section 65852.1, cities are allowed to exercise discretion in determining
whether granny units are allowed. GC Section 65852.2 relates specifically to second units
and the code obligates the City to govern such units in one of three ways. The City may: 1)
adopt a second unit ordinance; 2) issue permits subject to criteria within the Government
Code; or 3) prohibit second units subject to findings of adverse impacts to the City.
In 1988, the City Council passed Ordinance 88 -39 (Exhibit C) to prohibit the creation of
second units in single family or multi - family districts. The ordinance.sets forth the findings
necessary for the City to prohibit second units as provided under GC Section 65852.2. The
prohibition of second units remains in effect today. Subsequently, the City Council passed
Ordinance 8846 (Exhibit D) to establish regulations allowing granny units on residential
lots consistent with the requirements of GC Section 65852.1.
There was a general discussion of the granny unit Use Permit at a Planning Commission
hearing in January 2002, where members of the Commission and staff suggested that
approval authority could rest with the Planning Director. This suggested change was based
upon the development standards set forth in the City's Granny Unit Ordinance and the
perception that Use Permits for granny units are non - discretionary was based upon the
State's second unit laws.
Since recently examining the provisions of the Government Codes mentioned above, staff
has come to the conclusion that limited discretion has been granted in both state law and
the City's Housing Element for granny units. According to state law, "... any city may issue
a zoning variance, special use permit, or conditional use permit for a dwelling unit for the
sole occupancy of adult persons who are 62 years of age or older.. " The word "may" as
opposed to "shall" gives discretion to the City to determine if and where a granny unit is
acceptable. According to the Housing Element, the City's policy is: "The City of Newport
Beach shall continue to permit, where appropriate, development of "granny" units in single -
family areas of the City." Given the use of the term "where appropriate," staff believes that
some discretion is permitted; however, the development standards within the existing
ordinance contain a minimum lot size standard that determines where a granny unit is
appropriate. Therefore in staffs opinion, the City is limited in the use of discretion. Due to
the limited discretion and the relatively low amount of these requests (18 since 1988), staff
believes that the change from having the Planning Commission approve these applications
to the Director is warranted. Additionally, staff believes that the use permit mechanism
remains a good tool for monitoring, in terms of maintaining the verification standards that
are specific to granny units. Hence, the use permit requirement should remain in place as
a procedure within Chapter 20.85.
Granny Units (PA2003 -054)
April 3, 2003
Page 3
The proposed amendment as contained within the attached draft resolution would allow for
granny units to be approved by the Planning Director provided that the unit conforms to the
development standards. The existing granny unit development standards would remain in
effect. Deviations from the development standards will continue to require a variance,
which would necessitate a Planning Commission hearing.
Environmental Review:
The project has been reviewed pursuant to the California Environmental Quality Act and
has been determined to be categorically exempt under Class 5, minor alterations in land
use limitations. Minor alterations include variances and use permits on land with a slope of
less than 20% that do not result in changes in land use or density.
Public Notice:
Public notice for the April 3, 2003 hearing was posted in the local Daily Pilot newspaper.
Prepared by:
handra Slav—en
Assistant Planner
Attachments:
Submitted by:
Patricia L. Temple
Planning Director
1. Draft Resolution 2003-
2. Government Code Sections 65852.1 (Granny Units) and 65852.2 (Secondary Units).
3. Ordinance No. 88 -39.
4. Ordinance No. 88-46.
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2003 -001 (PA
2003 -054)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The proposed code amendment is to Chapter 20.85 of Title 20 of
the City of Newport Beach Municipal Code. The Planning Commission initiated this
amendment on March 6, 2003.
Section 2. A public hearing was held on April 3, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
Section 3. The Planning Commission finds as follows:
Allow for the existing Use Permit requirement for a granny unit to be subject to
the approval of the Planning Director provided that the unit conforms to the
development standards set forth in Section 20.85.030.
2. Deviations from the development standards will continue to require a variance,
which would necessitate a Planning Commission hearing.
3. The project has been reviewed and it has been determined that it is
categorically exempt under Class 5 (Minor Alterations in Land Use Limitations)
of the requirements of the California Environmental Quality Act.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council of the City of Newport Beach adopt Code
Amendment No. 2003 -001 to revise Section 20.85.025 of Title 20 of the Newport Beach
Municipal Code as follows:
"Approval of a use permit in accordance with the provisions of
Chapter 20.91 is required for the establishment of any granny unit as defined in this
Chapter."
All other provisions of Chapter 20.85 should remain unchanged.
I
City of Newport Beach
Planning Commission Resolution No. _
Paae 2 of 2
PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF APRIL 2003.
AYES:
NOES:
BY:
Steven Kiser, Chairman
BY:
Shant Agajanian, Secretary
ATTACHMENT 2
Government Codes Sections 65852.1 (Granny Units)
and 65852.2 (Secondary Units)
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Government Code Sections 65852.1 (Granny Units)
and 65852.2 (Secondary Units)
Additions or changes indicated by underline; deletions by asterisks * * *
65852.1. (Granny Units) Notwithstanding Section 65906, any city, including a
charter city, county, or city and county may issue a zoning variance, special use
permit, or conditional use permit for a dwelling unit to be constructed, or which is
attached to or detached from, a primary residence on a parcel zoned for a single -
family residence, if the dwelling unit is intended for the sole occupancy of one
adult or two adult persons who are 62 years of age or over, and the area of floor
space of the attached dwelling unit does not exceed 30 percent of the existing
living area or the area of the floor space of the detached dwelling unit does not
exceed 1,200 square feet.
This section shall not be construed to limit the requirements of Section
65852. 2, or the power of local governments to permit second units.
65852.150. The Legislature finds and declares that second units are a valuable
form of housing in California. Second units provide housing for family members,
students, the elderly, in -home health care providers, the disabled, and others, at
below market prices within existing neighborhoods. Homeowners who create
second units benefit from added income, and an increased sense of security.
It is the intent of the Legislature that any second -unit ordinances adopted
by local agencies have the effect of providing for the creation of second units and
that provisions in these ordinances relating to matters including unit size, parking,
fees and other requirements, are not so arbitrary, excessive, or burdensome so
as to unreasonably restrict the ability of homeowners to create second units in
zones in which they are authorized by local ordinance.
65852.2. (a) (Secondary Units) i1 _Any local agency may, by ordinance, provide
for the creation of second units in single -family and multifamily residential zones.
The ordinance may do any of the following:
* * * (A) Designate areas within the jurisdiction of the local agency where
second units may be permitted. The designation of areas may be based on
criteria, that may include, but are not limited to, the adequacy of water and sewer
services and the impact of second units on traffic flow.
* * * (B) Impose standards on second units that include, but are not limited to,
parking, height, setback, lot coverage, architectural review, maximum size of a
unit, and standards that prevent adverse impacts on any real property that is
* * * (C) Provide that second units do not exceed the allowable density for the
lot upon which the second unit is located, and that second units are a residential
use that is consistent with the existing general plan and zoning designation for
the lot.
* * * (2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.
(b) (1) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c) receives its first
application on or after July 1, 1983, for a * * * permit pursuant to this subdivision,
the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to this subdivision
unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120
days after receiving the application. Notwithstanding Section 65901 or 65906,
every local agency shall grant a variance or special use permit for the creation of
a second unit if the second unit complies with all of the following:
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single - family or multifamily use.
(C) The lot contains an existing single - family dwelling.
(D) The second unit is either attached to the existing dwelling and located
within the living area of the existing dwelling or detached from the existing
dwelling and located on the same lot as the existing dwelling.
(E) The increased floor area of an attached second unit shall not exceed
30 percent of the existing living area.
(F) The total area of floorspace for a detached second unit shall not
exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural
review, site plan review, fees, charges, and other zoning requirements
generally applicable to residential construction in the zone in which the
property is located.
(H) Local building code requirements which apply to detached dwellings,
as appropriate.
(1) Approval by the local health officer where a private sewage disposa
system is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the basis for the
denial of a building permit or a use permit under this subdivision.
Ia,
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed second units on lots zoned for
residential use which contain an existing single - family dwelling. No additional
standards, other than those provided in this subdivision or subdivision (a), shall
be utilized or imposed, except that a local agency may require an applicant for a
permit issued pursuant to this subdivision to be an owner - occupant.
(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this subdivision. Any
local agency may amend its zoning ordinance or general plan to incorporate the
policies, procedures, or other provisions applicable to the creation of second
units if these provisions are consistent with the limitations of this subdivision.
(5) A second unit which conforms to the requirements of this subdivision
shall not be considered to exceed the allowable density for the lot upon which it
is located, and shall be deemed to be a residential use which is consistent with
the existing general plan and zoning designations for the lot. The second units
shall not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
(c) No local agency shall adopt an ordinance which totally precludes
second units within single- family or multifamily zoned areas unless the ordinance
contains findings acknowledging that the ordinance may limit housing
opportunities of the region and further contains findings that speck adverse
impacts on the public health, safety, and welfare that would result from allowing
second units within single - family and multifamily zoned areas justify adopting the
ordinance.
(d) A local agency may establish minimum and maximum unit size
requirements for both attached and detached second units. No minimum or
maximum size for a second unit, or size based upon a percentage of the existing
dwelling, shall be established by ordinance for either attached or detached
dwellings which does not permit at least an efficiency unit to be constructed in
compliance with local development standards.
(e) Parking requirements for second units shall not exceed one parking
space per unit or per bedroom. Additional parking may be required provided that
a finding is made that the additional parking requirements are directly related to
the use of the second unit and are consistent with existing neighborhood
standards applicable to existing dwellings. Off - street parking shall be permitted
in setback areas in locations determined by the local agency or through tandem
parking, unless speck findings are made that parking in setback areas or
tandem parking is not feasible based upon specific site or regional topographical
or fire and life safety conditions, or that it is not permitted anywhere else in the
jurisdiction.
(f) Fees charged for the construction of second units shall be determined
in accordance with Chapter 5 (commencing with Section 66000).
(g) This section does not limit the authority of local agencies to adopt less
restrictive requirements for the creation of second units.
0
(h) Local agencies shall submit a copy of the ordinances adopted pursuant
to subdivision (a) or (c) to the Department of Housing and Community
Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "Living area," means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as
set forth in Section 65589.5.
(4) "Second unit' means an attached or a detached residential dwelling
unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single - family dwelling is
situated. A second unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health and
Safetv Code.
development permit applications for second units.
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ORDINANCE NO. 88 -39
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20
OF THE MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE
PROHIBITING THE CREATION OF SECOND FAMILY UNITS IN
SINGLE FAMILY OR MULTI- FAMILY DISTRICTS
(Planning Commission Amendment No. 669)
WHEREAS, Section 65852.2 of the California Government Code provides
criteria for local agencies to establish regulations pertaining to the
creation of second family units on single or multi- family building sites or
to prohibit such uses; and
WHEREAS, the City has recently completed major revisions to the Land
Use and Circulation Elements of the General Plan; and
WHEREAS, as a part of these revisions the City reviewed all of it's
existing commercial intensity standards and permitted residential densities
and it was determined that the previous allowable development would adverse-
ly impact the City's existing circulation system; and
WHEREAS, in order to determine the levels of development that could be
accommodated in the City, a computerized Traffic Model was developed to
analyze the impacts of different levels of commercial, residential, and
industrial growth on the City's circulation system; and
WHEREAS, after over eighteen months of public input, extensive analysis
by Staff and Consultants, and many public hearings before the Planning
Commission and City Council, the Land Use Element of the General Plan now
establishes specific levels of development, both commercial and residential,
that are correlated with the Circulation Element; and
WHEREAS, the increase in the number of dwelling units that could be
created pursuant to Section 65852.2 of the Government Code would adversely
impact the balance and correlation between the Land Use and Circulation
Elements of the General Plan; and
WHEREAS, Section 65852.2 (c) sets forth the findings necessary for
local agencies to prohibit second family units; and
WHEREAS, the areas devoted to single family residential uses within the
City of Newport Beach have developed so as to provide the residents a high
quality of life and the peaceful enjoyment of their neighborhoods; and
WHEREAS, the City of Newport Beach has historically provided a balance
between the amount of land devoted to single and multi - family areas; and
WHEREAS, there are many areas of the City designated for Two - Family and
Multi - Family Residential uses that are developed with less than the per-
mitted number of dwelling units on individual building sites; and 1�
WHEREAS, these underdeveloped Two - Family and Multi - Family Residential
Section 65852.2 by increasing the number of housing opportunities within the
region; and
WHEREAS, prohibiting second family units within Single and Multi - Family
Residential areas may limit housing opportunities of the region, any
additional demand can be provided within the existing underdeveloped Two -
Family and Multi - Family Residential areas; and
WHEREAS, the creation of second family dwelling units in Single Family
Detached areas will adversely impact the peace and quiet associated with
these neighborhoods in the City; and
WHEREAS, the City Council of the City of Newport Beach has found and
determined that second family units as defined herein and in Section 65852.2
of the Government Code will adversely impact the public health, safety, and
welfare of residents in the City. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The Newport Beach Municipal Code is hereby amended to
include Chapter 20.79, Second Family Units. This Chapter shall apply to all
property within the City.
SECTION 2. The Planning' Director of the City of Newport Beach is
hereby instructed and directed to enforce the provisions of this Chapter.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. This ordinance shall be published once in the
official newspaper of the City within fifteen (15) days of its adoption.
This ordinance shall be effective thirty days after the date of its adop-
tion.
SECOND FAMILY UNITS
40 CHAPTER 20.79
Sections:
20.79.010 Intent and Purpose
20.79.015 Definitions
20.79.020 Prohibitions
20.79.025 Separability
20.79.010 INTENT AND PURPOSE. It is the intent of this
Chapter to prohibit the development of second family residential units on
single family residential lots as provided for in Section 65852.2 of the
California Government Code.
20.79.015 DEFINITION. The following term used in this Chapter
J�
E�
20.79.025 SEPARABILITY. If any provisions or requirements of
this Chapter shall be found invalid or unconstitutional in application or
interpretation by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of thus Chapter.
This ordinance was introduced at a regular meeting of the City Council
of the City of Newport beach held on the 10th day of Qctobe r, 1988, and was
adopted on the 24th day of October 1988, by the following vote, to wit:
CG:WP:ORD2079:October 4, 1988
AYES, COUNCIL MEMBERS TURNER, PLUM=, HART,
COX, STRAUSS, SANSONE, MAURER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
V
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ORDINANCE N0. 88 -46
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20
OF THE MUNICIPAL CODE SO AS TO ESTABLISH REGULATIONS
PERTAINING TO GRANNY UNITS ON RESIDENTIAL LOTS
IN THE CITY OF NEWPORT BEACH
(Planning Commission Amendment No. 670)
WHEREAS, Section 65852.1 of the California Government Code provides
criteria for local agencies to establish regulations pertaining to the
creation of granny units on building sites zoned for single family resi-
dances; and
WHEREAS, the Housing Element of the City's General Plan contains
policies pertaining to the provision of housing opportunities for all
economic segments of the City's population; and
WHEREAS, adoption of this ordinance will increase the housing oppor-
tunities for the elderly, particularly those unable to afford the high cost
of senior citizen housing facilities; and
w� WHEREAS, it is the desire of the City Council of the City of Newport
Beach to establish standards for the creation of granny units; and
WHEREAS, the standards set forth in Chapter 20.78 of the Municipal
Code, "Granny Units ", provide reasonable criteria for the establishment of
these units. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
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SECTION 3. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. This Ordinance shall be published once in the
official newspaper of the City within fifteen (15) days of its adoption.
This Ordinance shall be effective thirty days after the date of its adop-
tion.
'qW "GRANNY UNITS"
CHAPTER 20.78
Sections:
20.78.010 Intent and Purpose
20.78.015 Definition
20.78.020
20.78.025
20.78.030
20.78.035
20.78.040
Use Permit Required
Development Standards
Verification of Occupancy
Recordation Required
Termination of Use
20.78.010 INTENT AND PURPOSE. The intent and purpose of this
mift Chapter is to establish procedures for the creation of granny units as
defined herein and in California Government Code Section 65852.1, and to
11NPr provide development standards to insure the orderly development of these
units in appropriate areas of the City.
20.78.015 DEFINITION. As used in this Chapter, a granny unit is
defined as a detached or attached dwelling unit to be constructed on a
building site zoned for a single family residence in conjunction with a
primary residence, with the second dwelling unit intended for the sole
occupancy of one or two adult persons who are 60 years of age or older, and
the area of floor space of the second dwelling unit does not exceed 640
square feet.
20.78.020 USE PERMIT REQUIRED. Approval of a Use Permit in
accordance with the provisions of Chapter 20.80 of the Municipal Code is
required for the establishment of any granny unit as defined in this
Chapter.
20.78.025 DEVEIAPMENT STANDARDS. The following standards shall
be met prior to the approval of a Use Permit to establish a granny unit h `I
pursuant to this Chapter: A l
C. Minimum Lot Size. A minimum lot size of 5,000 square feet shall
be required in order to establish a granny unit pursuant to this
Chapter.
d. Minimum Floor Area. Each granny unit established pursuant to
this Chapter shall provide a minimum of 600 square feet of floor area,
as measured from within the surrounding perimeter walls of the unit.
e. Maximum Floor Area. No granny unit established pursuant to this
Chapter shall have more than 640 square feet of floor area, as measured
from within the surrounding perimeter walls of the unit.
f. Parking Required. In addition to the parking required for the
primary residence, there shall be at least one independently accessible
parking space for the granny unit, provided there are at least two
covered parking spaces on the site. This additional parking space
shall be kept free, clear, and accessible for the parking of a vehicle
at all times.
g. Owner Occupancy Required. The primary residence shall be
occupied by the legal owner of the property.
20.78.030 VERIFICATION OF OCCUPANCY. Commencing with the final
inspection of the granny unit by a City Building Inspector and on an annual
basis every year thereafter, the property owner shall submit to the Planning
Director the names and birth dates of any and all occupants of the granny
unit constructed pursuant to this Chapter to verify occupancy by a person or
persons 60 years of age or older. Upon any change of tenants, the property
owner shall notify the City immediately. This information shall be submitted
in writing and contain a statement signed by the property owner certifying
under penalty of perjury that all of the information is true and correct.
20.78.035 RECORDATION REQUIRED. Subsequent to the approval of a
Use Permit and prior to the issuance of a building and /or grading permit for
AMMa granny unit, the property owner shall record a deed restriction with the
County Recorder's Office, the form and content of which is satisfactory to
�� the City Attorney, stating that under no circumstances shall the granny unit
be rented to or otherwise occupied by any person or persons less than 60
years of age. Said document shall also contain all conditions of approval
imposed by the Planning Commission or City Council. This deed restriction
shall remain in effect so long as the granny unit exists on the property.
20.78.040 TERMINATION OF USE. In the event that the property
owner desires to terminate the use of the granny unit and remove the deed
restriction, building permits shall be obtained that restore the property
to a single dwelling unit as defined in Section 20.87.140 of the Municipal
Code. The Planning Director shall review and approve the plans prior to the
Issuance of the building permits to insure compliance with the intent of
this Section and Section 20.87.140. Upon completion of the final inspection
by a City Building Inspector, the Planning Director shall cause the deed
restriction to be removed from the property by the County Recorder.
This ordinance was introduced at a regular meeting of the City Council
of the City of Newport Beach held on the 28th day of November , 1988, and
was adopted on the 12th day of December , 1988, by the following vote, to a
CG :WP:ORD2078:November 21, 1988
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