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O27861 City Council Meeting: August 27, 2024 Santa Monica, California ORDINANCE NUMBER 2786 (CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING: (1) SANTA MONICA MUNICIPAL CODE (SMMC) SECTION 8.08.060 AND 8.08.070 TO INCREASE BUILDING PERMIT EXPIRATIONS FOR ALL PROJECTS, ALLOW LONGER EXPIRATION TIMELINES FOR BUILDING PERMIT APPLICATIONS FOR 100% AFFORDABLE HOUSING PROJECTS, PROVIDE AN INCREASED NUMBER OF EXTENSIONS THAT CAN BE GRANTED BY THE BUILDING OFFICIAL, AND ALLOW ALL PROJECTS MORE TIME TO COMPLETE CONSTRUCTION; AND (2) SMMC SECTIONS 9.56.170 AND 9.56.250 TO ALIGN EXPIRATIONS AND EXTENSIONS OF LANDMARK ENTITLEMENTS WITH COMMON PROCEDURES APPLIED TO OTHER ENTITLEMENTS WHEREAS, Santa Monica Municipal Code (SMMC) Section 8.08.060(h) provides for a general one-year expiration date for permit applications where no permit is issued within one year after the date the permit application is filed, except in certain limited circumstances where additional time is appropriate; and WHEREAS, some of those special circumstances provided for under SMMC Section 8.08.060(h) include: (1) a two-year expiration for applications for demolition permits for the demolition of residential buildings and structures, which are subject to the replacement requirements of the City’s Zoning Ordinance; (2) no expiration for permits for projects subject to the construction rate program of the City’s Zoning Ordinance while that project remains on the waiting list for a building permit; (3) a three-year expiration for applications for demolition permit for a building or structure in which the original permit was issued more than forty years before the date of filing of the demolition permit application; and (4) a three-year expiration for an application for a project that requires a Coastal Development Permit; however, if the project includes an approved vested Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 2 tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project; and WHEREAS, under SMMC Section 8.08.060(i), the Building Officer may grant one six-month extension of the one-year plan check time period set forth in SMMC Section 8.08.060(h)(1) above, if the applicant demonstrates that: (1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed which would cause the development project at issue to be inconsistent with such amended provisions; (3) Any approvals granted under Article IX of the Municipal Code are still valid and have not expired; and (4) Circumstances beyond the control of the applicant have prevented the permit from being issued in the authorized time period; and WHEREAS, City staff has recently been made aware that the current building permit expiration timelines and limits on extensions in SMMC Section 8.08.060, subsections (h) and (i), are presenting difficulties for 100% affordable housing projects due to such things as the complex nature and uncertainty of funding sources and tax credits; and WHEREAS, if standard permit application timelines are imposed, permit applications would expire and 100% affordable housing projects would be required to file new applications, which would result in further delays; and WHEREAS, as these factors are out of the 100% affordable housing project’s control and can have significant impacts on project timelines and financing, revisions to Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 3 SMMC 8.08.060 subsections (h) and (i) are necessary to provide more certainty and flexibility to affordable housing providers; and WHEREAS, the proposed revisions will also help address the Emergency Declaration of Homelessness and align with Council’s long-standing priorities of economic recovery and supporting the production of affordable housing; and WHEREAS, further, in addition to revisions to support 100% affordable housing projects, and due to various construction difficulties, staff is experiencing an increased number of requests for building permit extensions to time limits that all projects are given to complete the plan check process (and obtain a building permit) and to complete construction once a building permit is issued; and WHEREAS, increasing the expiration timelines and the number of extensions the Building Officer can issue for all projects will provide applicants more time to complete projects that have already started the building permit process and will align with the Council’s priority of economic recovery; and WHEREAS, staff has also recently become aware of inconsistencies between expiration dates for Landmark entitlements (Certificate of Appropriateness and Certificate of Economic Hardship) compared to all other land use entitlements, with Landmark entitlements having a significantly shorter timeframe to execute a project and a more limited time ability to obtain extension requests; and WHEREAS, currently, landmark entitlements expire if work has not commenced within one year from the date of issuance with no additional time for projects within the Coastal Zone; and Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 4 WHEREAS, pursuant to Santa Monica Municipal Code Section 9.37.090(A), all other non-landmark entitlements expire if not exercised within two or three years (depending on project type) of the effective date, with an additional six months granted only for projects within the Coastal Zone; and WHEREAS, aligning landmark entitlement expirations with the allowance provided to 100% affordable housing projects will correct this inconsistency; and WHEREAS, additionally, to assist current applicants that are coming up against these strict deadlines, new expiration timelines are proposed to be applied to all landmark entitlements that have yet to be issued a building permit; and WHEREAS, these revisions will align with Council’s goals of economic recovery and addressing homelessness by providing greater flexibility and certainty to projects, especially 100% affordable housing and historic preservation projects, which the city has always strived to support; and WHEREAS, the permits for at least one 100% affordable housing project are scheduled to expire imminently if the extension is not provided, and the project is in danger of losing potential funding due to circumstances out of its control; and WHEREAS, due to the time-sensitive nature associated with this project and the several other affordable housing projects that are currently being developed and are affected by these timelines, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare such that this amendment qualifies for an emergency ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 5 SECTION 1. Santa Monica Municipal Code Section 8.08.060 is hereby amended to read as follows: Section 8.08.060 Permit Application (a) Application. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the Building Officer for that purpose. Every such application shall identify and describe the work to be covered by the permit for which each application is made, the responsible party for the work and such other information that the Building Officer may require to show conformance to applicable laws and regulations. When an architect or engineer prepares or is required to prepare submittal documents, the application shall designate the architect and/or engineer of record. (b) Submittal Documents. When required by the Building Officer, plans, specifications, engineering calculations, diagrams, soil investigation reports, sound tests, material tests, Construction Management Plans as required by Chapter 8.98 of this Code, special inspection and structural observation programs and other data shall be submitted with each application for a permit. When an architect or engineer does not prepare such plans, the Building Officer may require the applicant submitting such plans or other data to demonstrate that State law does not require that a licensed architect or engineer prepare the plans before accepting submittal documents or permit application. Deferral of any submittal items shall require prior approval of the Building Officer. If the Building Officer approves the deferral of submittals to a time after permit issuance, the approved plans shall list the deferred submittals. The deferred submittal items shall not be installed until the Building Officer has approved their design and submittal documents. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 6 (c) Investigation. Whenever work for which a permit is required by this Chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work when so ordered by the Building Officer. (d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of all relevant laws, ordinances, rules and regulations. (e) Special Inspection and Structural Observation Program. When the Building Code requires special inspection and/or structural observation, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Officer for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors, including any required nondestructive testing. The Building Officer, or when approved by the Building Officer, the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work, shall employ the special inspector. When structural observation is required, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. (f) Preconstruction Meetings. The Building Officer may require the permit holder to participate in a preconstruction conference prior to the completion of plan review and Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 7 permit issuance to review the plans and specifications for adequacy and sufficiency of details and conformance to building standards and interpretations. (g) Change of Architect or Engineer of Record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all the duties required of the original architect or engineer of record. In such cases, the owner shall notify the Building Officer in writing if the architect or engineer of record is changed or is unable to continue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. (h) Expiration of Application for Permit. (1) A permit application shall expire if no permit is issued within 18-months one year after the date the permit application is filed, except as provided below. (A) An application for a demolition permit for the demolition of residential buildings and structures, which are subject to the replacement project requirements of the City's Zoning Ordinance, shall expire if no permit is issued within two years following the date the application is filed. (B) An application for a permit for a project subject to the construction rate program of the City's Zoning Ordinance shall not expire while that project remains on the waiting list for a building permit. (C) An application for a demolition permit for a building or structure in which the original permit was issued more than forty years before the date of filing of the demolition permit application shall expire if no permit is issued within three years following the date the application is filed. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 8 (D) An application for a project that requires a Coastal Development Permit shall expire if no building permit is issued within three years of the building permit application filing date; however, if the project includes an approved vesting tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project. (E) An application for a 100% affordable housing project shall expire if no building permit is issued within three years of the building permit application filing date. For the purposes of this section, 100% affordable housing projects are any housing projects where all of the dwelling units are deed restricted as affordable to 50% AMI Households, 80% AMI Households, or Moderate-Income Households. (2) No action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or purged by the Building Officer. To obtain a permit, applicants shall submit a new application, new submittal documents and pay a new plan review fee. All applicable standards in effect at the time of the new application shall then apply to the project. (i) Extensions. The Building Officer may grant three one six-month extensions of the 18-month one-year plan check time period set forth in subsection (h)(1) above, if the applicant demonstrates that:. The Building Official may grant one twelve-month extension of the plan check time period set forth in (h)(1)(D) and (E), above. In all cases, the applicant must demonstrate that: (1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 9 (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed which would cause the development project at issue to be inconsistent with such amended provisions; and (3) Any approvals granted under Article IX of the Municipal Code are still valid and have not expired; and (4) Circumstances beyond the control of the applicant have prevented the permit from being issued in the authorized time period. SECTION 2. Santa Monica Municipal Code Section 8.08.070 is hereby amended to read as follows: Section 8.08.070. Permit issuance, extension and renewal. (a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction documents shall be approved in writing or by stamp. No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 10 submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted. (c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable: (1) Failure to Start Construction. If the building or work authorized by such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more; (3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds three years from the date of permit issuance, except as provided in subsection (A).the time periods set forth in this subsection, based on valuation. When a project is divided into separate permits for the convenience of the owner or tenants, and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (A) Except as provided in subsection (B), the time allowed to complete all work authorized by a permit shall be as follows: Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 11 Valuation Time Allowed Under $300,000.00 12 months $300,001.00 to $1,000,000.00 24 months $1,000,001.00 to $20,000,000.00 36 months Over $20,000,000.00 48 months (B) Notwithstanding subsection (A), the The time allowed to complete all work authorized by a permit (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be five years. as follows: Valuation Time Allowed Under $300,000.00 36 months $300,001.00 to $1,000,000.00 48 months $1,000,001.00 to $20,000,000.00 60 months Over $20,000,000.00 72 months (d) Extensions. (1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that: Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 12 (A) Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; (B) If construction has started, substantial progress has been made; (C) The condition of the property presents no health or safety hazard; and (D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (2) The time periods set forth to start construction within one-year hundred eighty days or resume construction after cessation of work for one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed one hundred eighty days. (e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final. (f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 13 shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work. If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved. SECTION 3. Santa Monica Municipal Code Section 9.56.170 is hereby amended to read as follows: Section 9.56.170 Certificate of Appropriateness/Certificate of Economic Hardship Procedure. An application for a certificate of appropriateness or an application for a certificate of economic hardship approving any proposed alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District shall be processed in accordance with the following procedure: A. Any owner of a Landmark, or of a building or structure within a Historic District, may request the issuance of a certificate of appropriateness or certificate of economic hardship by properly filing with the Director an application for such certificate of appropriateness or certificate of economic hardship on a form furnished by the Department. Each application for a certificate of appropriateness or certificate of economic hardship shall include such plans, specifications, statements of work, and any other information which are reasonably required by the Landmarks Commission to make Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 14 a decision on any such proposed work. An application shall be determined complete within 30 days after the Department receives a substantially complete application together with all information, plans, specifications, statements of work, and any other materials and documents required by the appropriate application forms supplied by the City. If, within the specified time period, the Department fails to advise the applicant in writing that his or her application is incomplete and to specify additional information required to complete that application, the application shall automatically be deemed complete. B. The Director shall schedule a public hearing to be held within 65 days of the date on which an application for a certificate of appropriateness or certificate of economic hardship is determined complete and shall make a preliminary recommendation to the Commission on or before the date scheduled for a public hearing as to the appropriateness and qualification of the application for a certificate of appropriateness or certificate of economic hardship. C. Not more than 20 days and not less than 10 days prior to the date scheduled for a public hearing, notice of the date, time, place and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, shall be mailed to the applicant, and to the owners and residential and commercial tenants of all real property within 300 feet of the exterior boundaries of the Landmark Parcel upon which a Landmark is situated in the case of any proposed work to a Landmark, or within 300 feet of the exterior boundaries of the lot or lots on which a building or structure within a Historic District is situated in the case of any proposed work to a building or structure within a Historic District, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The failure to send notice by Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 15 mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable. D. The Commission shall have up to 6 months, or one year if the project requires an Environmental Impact Report, to render a decision on the certificate application. If the Commission does not render a decision within this time period, then the certificate application shall be automatically determined approved if any required environmental review has been completed. Notwithstanding the foregoing, the Commission may mutually agree with the applicant for a certificate of appropriateness or certificate of economic hardship to extend the 6 months or one year time period in which the Commission must take action to another time period which is mutually agreeable. The time period provided for in this Section shall be extended by the time period provided for in Section 9.56.160(D) when applicable. E. The decision of the Commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the Director of Planning. F. Subject to the provisions of Section 9.56.180 of this Chapter, upon the rendering of such decision to approve an application for a certificate of appropriateness or certificate of economic hardship, the Commission shall issue the certificate of appropriateness or certificate of economic hardship within a reasonable period of time and such issued certificate of appropriateness or certificate of economic hardship may be obtained by the applicant from the Department. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 16 G. Subject to other provisions of this Section 9.56.170 and Section 9.56.180 of this Chapter, a decision of the Commission shall be in full force and effect from and after the date of the rendering of such decision by the Commission. A certificate of economic hardship may be appealed to the City Council in the same manner and according to the same procedures as for a certificate of appropriateness. H. Subject to other provisions of Sections 9.56.170 and 9.56.180 of this Chapter, a certificate of appropriateness or certificate of economic hardship shall be in full force and effect from and after the date of the issuance by the Commission. Any certificate of appropriateness or certificate of economic hardship issued pursuant to this Chapter shall expire within the timeframes stipulated in Section 9.37.090(A), Expiration, for projects that are active and issued as of July 1, 2024., unless the work authorized by the certificate of appropriateness has commenced: 1. Except as provided in paragraph 2, below, one year from the date of issuance. 2. Notwithstanding paragraph 1 above, 3 years from the date of issuance for a certificate of appropriateness: a. Issued and active as of March 13, 2020; b. Issued between March 13, 2020 and December 31, 2022; or c. Issued in accordance with a complete application that was submitted between March 13, 2020 and December 31, 2022. 3. In addition, any such certificate of appropriateness or certificate of economic hardship shall also expire and become null and void if such work authorized is suspended or abandoned for a 180-day time period after being commenced. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 17 I. The Commission shall have the power, after a public hearing, to amend, modify or rescind any decision to approve, in whole or in part, an application for a certificate of appropriateness or certificate of economic hardship and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto. J. The Commission shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing. K. The following rules shall limit the resubmittal of an application for a certificate of appropriateness or certificate of economic hardship: 1. Whenever an application for a certificate of appropriateness or certificate of economic hardship for demolition has been disapproved or deemed disapproved by the Commission, or by the City Council on appeal, no application which is the same or substantially the same as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council for a period of 5 years from the effective date of the final action upon the prior application. A certificate of appropriateness or certificate of economic hardship for demolition may be re-filed at any time during the 5- year period provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. A re-filed application shall be processed in the manner outlined in this Section 9.56.170. Under this provision, should the applicant still seek to demolish the Landmark structure after the 5- year period has expired, a new and separate certificate of appropriateness or certificate Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 18 of economic hardship application would be required to be re-filed. This application shall be subject to the same conditions as the prior application. 2. Whenever an application for a certificate of appropriateness or certificate of economic hardship for other than demolition has been disapproved or deemed disapproved by the Commission, or by the City Council on appeal, no application which is the same or substantially the same as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period of 180 days from the effective date of the final action upon such prior application. A certificate of appropriateness or certificate of economic hardship for other than demolition may be re- filed at any time during the 180-day period provided that the applicant submits significant additional information, which was not and could not have been submitted with the previous application. A re-filed application shall be processed in the manner outlined in this Section 9.56.170. Under this provision, should the applicant still seek approval for other than the demolition of a Landmark structure after the 180-day period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be required to be re-filed. This application shall be subject to the same conditions as the prior application. L. Under the authority of Section 9.56.060, the Commission may, by resolution, establish criteria under which the Landmarks Commission Secretary may approve certificate of appropriateness applications for minor or insignificant alterations, restorations, or construction, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District which would not defeat the purposes and objectives of this Chapter. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 19 SECTION 4.Santa Monica Municipal Code Section 9.56.250 is hereby amended to read as follows Section 9.56.250 Extension of Certificate of Appropriateness. The Landmarks Commission Secretary may extend the time period for exercising a certificate of appropriateness as provided for in Section 9.56.170(H) pursuant to Section 9.37.090(C), Extensions, for a period of up to 180 days upon such terms and conditions as the Secretary deems appropriate consistent with the original approval and Section 9.56.170 if the development standards relevant to the project have not changed since project approval. An extended certificate of appropriateness shall expire if the work authorized thereby is not commenced by the end of the extension period. Except as otherwise provided for in this Section, all provisions of this Code applicable to a certificate of appropriateness shall apply to an extended certificate of appropriateness. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 20 SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon its adoption. Pursuant to Sections 615 and 619 of the City Charter, for the reasons stated in the recitals above, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption APPROVED AS TO FORM: _________________________ Douglas Sloan, City Attorney Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D Approved and adopted this 27th day of August, 2024. _____________________________ Phil Brock, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2786 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on August 27,2024, by the following vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None Ayes: ATTEST: _____________________________________ _________________ Nikima S. Newsome, City Clerk Date A summary of Ordinance No. 2786 (CCS) was duly published pursuant to California Government Code Section 40806. Docusign Envelope ID: 1497FEB8-07B5-48C0-85AE-B7E69005E66D 8/28/2024