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SR-6-A (5) ~ 3(4 -cc~ 6--11- . ~ OC1 ' 1990 '"- CARS:BFM:DM:srl0290 " Santa Monica, California City council Meeting: October 2, 1990 STAFF REPORT TO: Mayor and City Council FROM: City Staff SUBJECT: RECOMMENDATION TO APPROVE ALTERNATE RACE ROUTE FOR ST. MONICA'S CHURCH OKTOBERFES'I' 5 AND lOK RUN, OCTOBER 6, 1990 INTRODUCTION The city's Event Management Team has received a request from St. Monica's Church for a running race permit involving an alternate race route. The following outlines this request and recommends approval of the race date and the alternate race route. BACKGROUND On May 17, 1983, the City Council approved Resolution 6688 (CCS) establishing procedures and criteria for conducting running races in Santa Monica. These guidelines were established to benefit the city and lessen the impact such events have on certain areas of the City. The resolution stipulates an annual limit of six lOK and/or marathon races unless waived by a motion approved by the city Council. Three races were listed as part of the annual six: 6-~ - 1 - OCT :2 1990 . ~ l. Santa Monica Cultural and Recreation Services Department 10K 2 . Santa Monica Cultural and Recreation Services Department Marathon 3. Social Services 10K In addition, applicant groups are given priority in the following order if they meet other listed criteria: l. City of Santa Monica sponsored races; 2 . Santa Monica based non-profit groups; 3 . Santa Monica based commercial interest with races of national significance; 4. Non-Santa Monica based commercial interest with races of national significance. The resolution further designates approved city courses l>lhich are: Route A - a lOK course on the south side of town, Route B - a 10K course on the north side of to\'ln, and Route C - the city Marathon course. The city council by motion, however, may approve other running race routes. Finally, the resolution establishes a $10,000 race fee in addition to all inherent costs including police, signage, notification flyers mailed to affected residents, barricade rental, etc. DISCUSSION st. Monica's Church has requested October 6, 1990, for their race date. While this date is within 41 days of the Santa }ionica - 2 - ~ . Marathon, the st. Monica's route choice only duplicates a twelve block area of the marathon. The area in question is Ocean Avenue from Marguerita Avenue to Washington Avenue (5 blocks) , and Washington Avenue from Fourth street to Ninth street (7 blocks). Their requested race route is as follows: start on l'Yashington Boulevard at Lincoln Boulevard proceeding east on Washington Boulevard to sixteenth street, north on sixteenth street to Alta Avenue, east on Alta Avenue to Twentieth street, north on Twentieth street to Marguerita Avenue, \\Test on Marguerita Avenue to Ninth street, south on Ninth street to Wilshire Boulevard, west on Wilshire Boulevard to Fifth street, south on Fifth street to Broadway, west on Broadway to Ocean Avenue, north on Ocean Avenue (west side of street) to Marguerita Avenue, east on Marguerita Avenue to Fourth street, south on Fourth street to Washington Avenue, and east on Washington Avenue to the finish (between Seventh street and Lincoln Boulevard) . The Police Department estimates their costs to be approximately $5,600. BUDGETARY/FINANCIAL IMPACT The City will receive $10,000, the standard race fee requirement, from this event. In addition, all costs, including police, will be paid by st. Monica1s. - 3 - . . . RECOMMENDATION City staff recommends that: l. The requested race date be approved as submittedi . 2. The proposed race route be approved; 3. The race fee of $10,000 be paid; 4. All inherent city costs, including Police, be paid for by st. Monica's Church. Prepared by: Barbara Franklin-Moran Director, Cultural and Recreation Services Dodie Mosby Business Administrator, Cultural and Recreation services - 4 - - -- --- - . . BEFORE 'DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CLERK'S ACTION DISTRIBUTION OF RESOLUTION # P ~ 9 s;- ORDINANCE # Counell MeetLng Date /%?/9ZJ Introduced: Agenda Item # G--/J- Adopted: /10 ALWAYS PUBLISH ADOPTED ORDINANCES Was lt amended? Cross out Attorney's approval VOTE: AffLrmat1ve: 7--0 . . NegatLve: . Absta1n: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he s1gned, sealed and f1led 1n Vault. NEWSPAPER PUBLICATION (Date: ) Department or1g1nat1ng staff report ( Laur1e L1eberman) Ordlnances only for Attorney ( Claud1a Thompson) 2 Management Serv1ces Lynne Barrette ORDINANCES ONLY 1 Agency ment10ned Ln document or staff report (ce rt1 f 1ed ?) SubJect flle (agenda packet) 1 Counter f11e 1 Others: (RevLew for departments who need to know). A1rport Parklng Auth. Audltor1um Personnel BUlldlng Dept. Plannlng CIED Pol1ce Flnance Purchas1ng General Servo Recr/parks { L1brary Transportatlon Manager Treasurer Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 4 120 Ma1n St.reet Avon, New Jersey 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Rebecca Garrido Santa Mon1ca Mun1c1pal Court 1725 Ma1n Street, Room 118 J Santa Monlca, CA 9040l Total Copies 4 . . .. CARS:BFM:DM:kb.resol0ka council Meeting: October 2, 1990 Santa Monica, California RESOLUTION NO. 8095(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A RUNNING RACE ON OCTOBER 6, 1990 OTHER THAN THE OFFICIAL CITY ROUTES WHEREAS, pursuant to section 15 of Resolution Number 6688 (CCS), the City Council may authorize a race route different from the official city race routes set fourth therein, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION l. That on October 6, 1990, between the hours of 7:30 a.m. and 9: 30 a. m. , participants in the st. Monica's 10K Run may and are hereby authorized to conduct a running race along the following route: Start on Washington Boulevard at Lincoln Boulevard proceeding east on lvashington Boulevard to Sixteenth street, north on sixteenth Street to Alta Avenue, east on Alta Avenue to Twentieth street, north on Twentieth street to Marguerita Avenue, west on Marguerita Avenue to Ninth Street, south on Ninth street to Wilshire Boulevard, west on Wilshire Boulevard to Fifth street, south on Fifth street to Broadway, west on Broadway to - 1 - . . j Ocean Avenue, north on Ocean Avenue (west side of street) to Marguerita Avenue, east on Marguerita Avenue to Fourth Street, south on Fourth street to Washington Avenue, and east on Washington Avenue to the finish (between Seventh Street and Lincoln Boulevard) . SECTION 2. permission to conduct the running race is granted upon the following conditions: A. st. Monica's will pay for and post all signage along the race route after approval by the city. B. st. Monica's will notify all residents one block east and west or north and south, as well as along the race route, of the event and of alternative traffic routes, by first class mailing, after approval of the notification letter by city. c. The santa Monica Police Department will provide the necessary number of police officers for crowd and traffic control along the race route and the actual cost which is estimated to be Five Thousand Six Hundred Dollars ($5,600) will be paid by St. Monica's. D. All barricade and cone rental for marking the course will be paid for by st. Monica's. E. st. l1onica's shall provide a certificate of insurance for One Million Dollars ($1,000,000) per - 2 - -- . . . individual incident, naming the City of Santa Monica, its City Council, boards and commissions as additional insureds. F. st. Monica's will clean up and remove all signage along route after the race. G. St. Monica's will pay a Ten Thousand Dollar ($10,000) race fee. SECTION 3. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ ~ ROBERT M. MYERS City Attorney - 3 - - ---- - J , ~ . . Adopted and approved this 2nd day of October, 1990. D~ /1-::: Mayor I hereby certify that the foregoing Resolution No. a095(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on October 2, 1990 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: - ----- /' ,,~',.- --ikr,)/-L- ---<" / // /i-~/ ,r: . , t' -'city Clerk I ,rev/;. IJ ;-B OC1 ~~ 'Q(~O C/ED:PB:SF:AS Santa Monica, California PCjthhd8 CounciI Mtg: October 2, 1990 TO: Mayor and city council FROM: City Staff SUBJECT: Recommendation to Introduce for First Reading an Ordinance Adding Sections 9631 Through 9638 To Chapter 6 of the Santa Monica Municipal Code Implementing Procedures for Review of the Alteration or Demol i tion of structures Located in the Third street Neighborhood Historic District. INTRODUCTION This report responds to issues presented to the City council by the Third Street Neighbors at the September 25, 1990 City council meeting regarding the proposed Third street Neighborhood Historic District ordinance and addresses council concerns expressed dur ing the Study Session on this item. The ordinance has been revised to reflect many of these points. The Third Street Neighbors' letter itemizing their concerns is contained in Attachment A. The revised ordinance is contained in Attachment B. THIRD STREET NEIGHBORS CONCERNS The Third street Neighbors have proposed a variety of changes to the ordinance under consideration. staff has reviewed these recommendations and prepared the following response. 1e"'';'&D !--8 OCT =: 1990 - 1 - - - Landmarks Commission Jurisdiction - The Third street Neighbors believe that the Landmarks commission should review projects requiring a certificate of Appropriateness or a certificate of Economic Hardship prior to the review of the proposal by any City department or Commission. The ordinance requires that the Landmarks Commission's approval of alterations or new construction in the district occur after administrative or Planning Commission approval of a project; only in the case of a demolition request would the Landmarks Commission review a permit before other city bodies. staff believes that requiring approval by the Landmarks Commission prior to other necessary approvals would complicate the permit process. Under such a system, the Landmarks Commission would be conducting a design review of a project without knowing if the project was consistent with the Zoning Ordinance. This would most likely result in a circuitous review process whereby the applicant would first obtain the Landmarks Commission's approval, move on to Planning Commission or administrative approval, and then return to the Landmarks Commission for another review and approval due to possible project changes mandated by the Planning Commission and/or the Zoning Ordinance. Since there is a concern on both the part of the City Council and the Third street Neighbors that the review and approval procedures in the district be simple and straight forward, staff feels that the Third street Neighbors' proposal defeats this purpose. Further, if a project is subject to the - 2 - California Environmental Quality Act (CEQA), the Landmarks Commission would have to certify any CEQA documents, a procedure with which they are not familiar and which traditionally has rested with the Planning commission. In addition, due to the timing constraints in the Landmarks Ordinance, if the applicant is required to obtain a Certificate of Appropriateness approval before proceeding with other required approvals, this permit may expire before the applicant is able to obtain a building permit. Certificate of Appropriateness permits expire within 180 days of the approval unless a building permit is issued for the project and work has commenced. The approval may only be extended by City Council resolution. On the other hand, Planning Commission or administrative approvals are valid for up to a year and may be extended by the Planning Director. Therefore, once the applicant had obtained the necessary planning approval, there would be ample time to process the Certificate of Appropriateness application, as well as other necessary permits, eliminating the need for extensions and risks of permit expirations. To address the concern that the Landmarks Commission should have early input on major alterations and new construction in the district, staff recommends that applicants be encouraged to obtain a conceptual review from the Landmarks commission prior to proceeding with other required approvals. This review would not invol ve a formal action and would not be required by ordinance, however, applicants would have the benefit of the Landmarks - 3 - Commission's comments and could incorporate them into the project design at an early point in the process. citizen Review Committee It is stated in the Third street Neighbors letter that a citizen review committee should be an essential part of the Certificate of Appropriateness/Certificate of Economic Hardship review process. staff agrees that neighborhood and general public input is important, however, staff believes it is inappropriate to empower one group of neighborhood residents over another. Landmarks Commission review of project ,Oisures all applicants are on an equal footing. A neighborhood review committee usurps the power of the Landmarks commission, further lengthens and complicates the project approval process for the applicant, and increases the potential for neighborhood conflict. The ordinance addresses the need for neighborhood input by requiring the posting of properties where certificates of Administrative Approval, Appropriateness, and Economic Hardship are proposed and requiring for certificates of Appropriatness and Economic Hardship that the applicant obtain comments, not the approval, of adjacent neighbors as part of the application filing materials. Demolition of contributing structures The Third street Neighbors state that the criteria in section 9635 (a) regarding the demolition of a contributing structure in the district is too narrow and "at the broader criteria in - 4 - -- Section 9635 (c) should be substituted. However, as required in the ordinance, the Landmarks Commission can only approve a certificate of Appropriateness for the demolition of a contributing building in the district if the justification is based on all three findings in the ordinance. certificate of Exemption The certificate of Exemption process as originally proposed has been identified as too cumbersome. Since the purpose of this process is to allow minor building alterations to occur quickly without administrative or Landmarks Commission review, the ordinance has been revised to reflect this intent. As now stated in Section 9632(a), a Certificate of Exemption shall only be issued for listed items if a building permit is required for the work. The exemption will then be automatically granted as part of the building permit process. Posting requirements and the issuance of written findings have been eliminated. Certificate of Administrative Approval The Third street Neighbors feel the processing timeline for certificate of Administrative Approvals is too long and should be reduced from 30 days to deem complete and 30 days to issue a determination to 10 days to deem complete and 10 days to issue a determination. The timelines proposed by staff, however, are similar to those specified for other development permits. In practice, it is unlikely that the approval process will take the full 60 days, however, staff believes these timelines are appropriate and should not be changed. - 5 - Emergency Repair Procedures The Third street Neighbors believe that the ordinance should allow for procedures to permit owners to conduct emergency repairs immediately rather than wait through the Certificate of Administrative Approval or Certificate of Appropriateness process. Staff concurs with this recommendation. Emergency repairs are now included under certificate of Exemption in section 9632(a) (10) of the proposed ordinance. Items Requiring certificates of Exemption, Administrative Approval, or Appropriateness The Third street Neighbors expressed general concerns regarding the alterations penni tted under each certificate category and have stated that certain items under Certificates of Exemption and Administrative Approval should be moved to the next higher review. However, pursuant to council direction that the entire review process be simplified and that more alterations be either exempt or subject to administrative review, the ordinance has been revised to move the following items from the administrative to exemption list: 0 Rear or side yard fences 0 Retaining walls 0 Roof top solar equipment or exterior telecommunication equipment 0 Mechanical systems including air conditioning or heating - 6 - The following items have been moved from Certificate of Appropriateness to administrative review: 0 Removal, demolition, addition or alteration to front yard fences 0 Removal, demolition, addition or alteration to front yard paving, concrete work, walkways Architectural Review Guidelines The Third street Neighbors state that architectural review guidelines should be developed for the district that are mandatory and should be the basis for the denial of any permit request. The ordinance is written to allow the Commission and staff to use the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings in their review of Certificate applications until such time as local guidelines are developed and approved. The Landmarks Commission is very interested in developing these guidelines. However, the nature of design guidelines as stated in the guidelines developed for the entire Ocean Park neighborhood "is to suggest or recommend appropriate design treatments but leave the application or interpretation to the designer or the project reviewer." To encourage creativity, guidelines should never be mandatory and, in fact, the words are contradictory. As noted in the Secretary of Interior Standards, guidelines do not provide case specific advice. Guidelines give direction and assistance but it must be up to the individual designer and the Landmarks Commission's expertise to determine - 7 - -- - -- --- -- the most appropriate restoration plan or new addition design to buildings in the district and to landmark structures throughout the city. Review of Alterations to contributing Versus Non-Contributinq Buildings The Third street Neighbors concur with the proposed ordinance and the staff recommendation that, except for demolition, non-contributing buildings and new construction should be subject to the same review procedures as contributing structures. This will insure that the district integrity is not diminished over time. Preamble and Findings The Third Street Neighbors believe the more detailed findings discussing the district character in the July 24, 1990 district designation ordinance should be used as the findings for the subject ordinance. In fact, these findings have already been adopted as Section 9630 of the Landmarks Ordinance. The subject ordinance will follow immediately with "Definitionsll as section 963l. COUNCIL CONCERNS The council identified a number of concerns regarding the district ordinance. staff was requested to simplify the Certificate of Exemption process, consider placing more items in the certificate of Exemption and Certificate of Adr.dnistrati ve Approval categories, and include a section on emergency repairs. - 8 - These revisions have been discussed above. Staff was also asked to consider the proposal for neighborhood participation, which has also been discussed. council also requested staff to consider allowing alterations to recently constructed non-contributing structures to occur without the approval of a Certificate application for a specified time period. For example, for a two year period after a new building is constructed in the district, any alterations to the building would be exempt from review. staff feels this would be problematic for a number of reasons. First, the Third street Neighborhood Historic District is proposed to be exempt from Architectural Review Board review since the Landmarks Commission will fulfill this design review role. Therefore, if a newly constructed building were exempted from review for alterations these changes would occur without any design review. Second, even if a building is recently constructed, an alteration could be proposed that could impact the district's historic and architectural character. The fact that a non-contributing building is constructed in 1952 or 1992 does not change the nature of the alteration, which could still negatively affect the district's historic integrity. Council requested staff to clarify the criteria for issuance of Certificate applications. Specifically, the question was, does compatibility with the "district character II include compatibility with the non-contributing structures. The ordinance addresses this by stating in section 9633 (c) (3) that district character - 9 - refers to lithe scale, materials, and massing of the contributing structures II and the description of the district set forth in Section 9630, the findings incorporated in the designation ordinance. Another concern was the question of permitting exterior alterations not visible from a street that do not result in changes in building square footage to be exempt from review. It was felt this could result in buildings with historic street facing facades while rear yard facades inappropriately altered to a contemporary appearance. staff believes, in an effort to provide property owners with some flexibility when conducting minor alterations, if the change is not visible from any publ ic street its impact on the district integrity is negligible. The district will continue to be a contribution to the community as a representative example of early 20th century Santa Monica. Further, it should be noted that only two structures in the district are designated as individual City Landmarks. Consequently, it is the nature and character of the neighborhood or district which is sought to be preserved, not the absolute design purity of each contributing structure. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. Although the creation of administrative review procedures as well as an increase in Certificate of Appropriateness applications associated with the Third street neighborhood Historic District will result in additional staff - 1.0 - time, staff does not recommend establishing fees for certificates of Exemption or Administrative Approval since these permits are required for minor alterations that do not require public hearings. The added work load will be carried by current staff. RECOMMENDATION It is respectfully recommended that the council introduce for first reading an ordinance implementing procedures for the review of the alteration or demolition of structures located within the Third street Neighborhood Historic District. Prepared by: Paul Berlant, Director of Planning Suzanne Frick, Principal Planner Amanda Schachter Associate Planner Planning Division Attachments: A. Letter from Third street Neighbors B. Proposed District Ordinance AS PC/thhd8 10/01/90 - 11 - - -- - - A %o..c:h W\~yt.}- A THIRD STREET NEIGHBORS OF OCEAN PARK 2612 Third Street Santa Monica, California September 25, 1990 CIty Council & Landmarks Commission 1685 Mam Street Santa Momca, CA 90401 Re. Hlstonc DIstrIct Ordmance Honorable CounCllmembers and CommissIoners: Last mght fifteen members of the Thud Street neighbors met for the first and only hme to reVIew the proposed HIstOrIC DIStrICt Ordinance. We received It last Thursday mght. We propose the followmg changes and make the following observatIons regardmg the proposed ordmance and Its reading at the CouncIl. 1. SECOND READING, FURTHER REVIEW & COMMENT. vVe request that the CouncIl specIfically proVIde for publIc mput at the second readmg of the ordinance. The shortage of bme avaIlable to review and discuss the proposed ordmance and the unavaIlability of staff to answer questIons during the perIod the ordinance was avaIlable to us has resulted in InsuffIcient reVIew and consideration tIme 2. LANDMARKS COMMISSION TURISDICTION. The Landmarks CommISSIOn should have primary junsdICtIon over demolition, new construction, and major alteratIons and remodelmg of struchues m the hIStOriC distrIct. Any project for WhICh a CertIficate of Appropnateness and/or EconomIC HardshIp is reqUIred should come fIrst to the Landmarks CommISSIon for the Cerhf1cate before any other City agency, CommIssion, or staff department may reVIew and/or grant a request or applicatIon for any permIt to proceed WIth such a project in the dIStrICt. The Landmarks CommISSIOn should also have responsIbIlity for all architectural reVIews and approvals m the dIstnct rather than the ArchItectural ReVIew Board (ARB) smce the CommISSIOn IS umquely quahfIed In thIS regard. Honorable Councllmembers and CommIssIoners City Council & Landmarks CommIssIon September 25, 1990 Page 2 This JurisdictIon gIVes greatest protectIon to the distrICt while at the same tIme mImmIzmg duplIcative and costly reVIews to owners, builders, and developers. Landmarks CommIssion conceptual reVIews, mcludmg architect's rendermgs short of plans, as the baSIS for issuing Cerhflcates of ApproprIateness and/or EconomIc Hardship WIll avoid sItuations where, for example, m....nerslbmlders/developers Incur the expense of full preparation of project plans for staff or Planning CommIssIon only to later fall to obtam any necessary Certificate from the Landmarks CommIssIon. Later archItectural review by the Commission should, In most cases, proceed more qUlckly and smoothly smce pnor conceptual review will have occurred 3 RESIDENT/CITIZEN INPUT TO PROTECTS PROPOSED IN DISTRICT A CItIzen reVIew process IS essentIal for projects mvolvmg demolition, construction, movement of buildmgs to or wIthm the rustnct, and major remodelmg- In short, projects whIch reqUIre a CertifIcate of ApproprIateness and/or EconomIc HardshIp, The process should mInImIZe the potentIal for conflict, aggravatIon, and back-scratching among neIghbors. The proposed ordmance falls short regardmg reSIdent mput and Its potentIal negatIve Impact m the neIghborhood. It reqUIres that changes be revIewed only WIth ImmedIately adjacent neIghbors What constItutes "ImmedIately adjacent" IS unclear 'Norse, thIS has the potential to pIt neighbor agamst neIghbor, making the process more personal than It needs to be. ThIrd Street Neighbors have not had full opporturuty to refme all partIculars of a reSIdent/citizen reVIew process However, at mInimUm we urge the followmg: (a) A five person Committee be formed for mandatory review and comment on all projects requmng a CerhfIcate of Appropnateness and/or Econonllc HardshIp, (b) The Committee's mInImUm mandate IS to convene and conduct open neIghborhood meetings and to convey the sense of the meeting to the Landmarks CommISSIOn. (c) In order to properly carry out Its mandate, the CommIttee shall receIve the same matenals as the Landmarks CommISSIon regardmg proposed projects, and at the same hme. Honorable CouncIl members and ConumssIOners City CouncIl & Landmarks CommIsSIOn September 25, 1990 Page 3 (d) The Committee shall be speCIfIcally nOhced on any requests for CertifIcates of ExemptIon and of Admmistrative Approval and on staff's deCIsIOns on such CerbfIcates. TIme for any appeals shall run from the date the CommIttee receIves staff's determmabon. (e) The Comnuttee shall include among Its members at least one resident tenant, one resIdent property owner, and an archItect or hlstonan ThIrd Street NeIghbors have not yet reached concluslOn on whether all members of the Committee must be reSidents of the distrlCt. The Landmarks CommiSSIOn shall appomt one of Its members as lIaIson to the CommIttee. (f) thIrd Street NeIghbors have not yet reached conclUSIOn on the process for putting members on the Committee Possibll1hes mclude: (I) dIStrlCt electIons, (11) appombnent by the Landmarks CommISSIon If the neighborhood falls to elect, or (111) appomtment by the Landmarks ComnussIOn. (g) The eXistence of the CommIttee shall be m addlnon to, and not as a substItute for, adequate notIce requirements to all dIstnct residents and property owners and residents and property owners withm 300 feet of dIStrICt boundanes as set forth In SecTIon 9610 of the Zomng Ordmance. 4. DEMOLITION OF CONTRIBUTING STRUCTURE. The critena In Secbon 9635(a) for demohnon of a contnbuTIng structure are far too narrow as they focus almost exclUSIvely on the mdIvIdual architectural rnents of the bUIldmg. WhIle thIS may be appropnate for an mdlvIdual Landmark, It IS not appropnate for thIS dlstnct where many, If not most of the mdIvIdual bUIldmgs taken smgly, do not nse to the level of archItectural ment necessary for national or state recogmhon The broader cntena of SectIon 9633(c) should be substItuted here else the dIstrict be demolIshed one by one on the grounds that each mdlvIdual buIlding IS not disbngUlshed enough to be saved 5. CERTIFICATE OF EXEMPTION. The requuement for a CertIfICate of ExempTIon should be elmunated. Ongmally the Landmarks CommISSIon proposed, and ThIrd Street ),Jelghbors supported, certam exempt actIVItIes and projects WhICh by theIr mInimal VIsual Impact on the dIStrIct reqUIred no pnor staff or Landmarks CommISSIon review or approval. For owner protectIon, ThIrd Street NeIghbors suggested that an ophonal CerbfICate of ExemptIon be avaIlable If an owner wanted Honorable CouncIlmembers and CommissIoners City Councll & Landmarks CommISSIon September 25, 1990 Page 4 to obtam one. The antICipation was that It would be an immedIate, over the counter issuance -- more lIke a regIstratIon than a permit. The proposed mandatory CertIfICate of ExemptIon is cumbersome, unnecessary, and a contradICtIon m terms The origJnalldea of ThIrd Street NeIghbors should be substrtuted or the CerbfIcate should be deleted m Its entIrety and the J proposed ordmance should simply enumerate those actIvihes and proJects WhICh reqUire no reVIew or approval. 6 CERTIFICATE OF ADMINISTRATIVE APPROVAL The proposed SIXty day process to obtam thIS CertiflCate IS too long and cumbersome and should be streamlmed Rather than 30 days and 30 days to deem an applIcatIon complete and then effeCTIve, 10 busmess days and 10 busmess days, or some other adnumstrahvely feasIble number on staff's recommendatIon, should be substrtuted. No reSIdent/CITIZen reVIew other than the nOTIce proposed above In Item 3 of thIS letter should be reqUIred. 7. EMERGENCY REPAIR AND REPLACEMENT PROCEDURES There should also be emergency procedures for nnrnedIate reVIew and response m cases where patch-up repaIr is ultimately msuffiClent and long-term, major work IS reqwred -- for example, foundatIon or chimney repaIr after an earthquake, roof replacement (rather than patch repaIrs) after leaks occur In an old roof after heavy rams. The present procedures would allow short term repaIrs and then reqUIre a second cycle for major repaIrs and replacement, potenhally puttIng owners to duplIcatIve repaIr expense. 8. CERTIFICATES OF EXEMPTION VS. ADMINISTRATIVE APPROVAL VS. APPROPRIATENESS Thud Street NeIghbors did not achIeve consensus about the appropnateness of vanous Items listed In the three certIfIcates SpecIfICally, there were concerns about Item 4 m ExemptIon and Items 4, 5, 7, 9, 10, and 12 In Admlnlstrahve Approval as possIbly belongmg In the next higher reVIew category. See chart attached for ease of companson among the three certifICates --- -- --~----- -- Honorable CouncIlmembers and CommIssIOners CIty Council & Landmarks CommissIOn September 25, 1990 . Page 5 9 MANDATORY ARCHITECTURAL REVIEW GUIDELINES The ordmance should reqUIre the Landmarks CommIsSIon to develop mandatory local gUldelines for archItectural reVIew of changes wIthm the dIstrict whether by remodel or new construchon. The guIdelmes should expressly incorporate the findmgs WhICh characterize the sIgrufIcant archItectural, aesthetIc, and contextual features of the dIStriCt. VIOlation of the guidelines should be sufficient basis for the Landmarks CommIssion or staff or any other agency or CommISSIOn of the CIty to deny any requests or applicatIons for permIts of any kind. 10. CONTRIBUTING V5. NON-CONTRIBUTING BUILDINGS. Thud Street NeIghbors support the concept in the proposed ordinance that except for demohhon, non-contributIng bUIldmgs and all new construction should be subject to the same reVIew reqUIrements as contnbutmg bUlldmgs. ThIS IS essential to prevent further degradahon in the dIstnct and assure future architectural harmony and senSItiVIty. If our suggeshons regardmg changes to the Certificate of ExemptIon and streamlining of the Cerhfieate of AdmInIstrative Approval are adopted, that wIll ease the reVIew and approval process for both contnbutmg and non-contnbutIng buildmgs 11. PREAMBLE AND FINDINGS The longer, more detaIled preamble and findmgs in the July 24, 1990 hIstone dIStnct deSIgnating ordinance should be reproduced in theIr entirety as the preamble and findings for the proposed govermng ordinance CONCLUSION The proposed ordmance must stnke a balance between preservatIon of the ThIrd Street Histone DIStrict as a public resource whICh "belongs" to all of us and the realIstIc needs of property owners for use, enjoyment, and reasonable maintenance and alteration of theIr propertIes. We believe that our proposals, If lIuplemented, reach a proper balance. They also recognize that ThIrd Honorable CouncIlmembers and CommissIoners CIty Council & Landmarks CommissIon September 25, 1990 Page 6 Street 0i eIghbors have been an active, responsIble, and responsive neIghborhood group m the past m proposing the Thud Street HIstone DIstnct Some sImIlarly mshtuhonahzed resIdent!CIbzen reVIew committee for major changes in the distnct 15 appropnate and desIrable. 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Q ~ QluE -0~ a.~ _ -Ql - 1:1 -c CG~ Ql- 0 ~~ ~ c ~ ~-~ ~cu!!! -!!! c: a.l'Cl - ~C~ -3= 'Ox - l'ClQl W Ol w >-~ c~Olc c:Ql E u~ X c: ~ ~ 0-_ CG 0~ W - _~a .....cu_ c -0 ~v en = c o~~ -3=(/'J Ql- C'- ~ C ~ - C:Ql~ 0 x uQl c roO o Q ~ ~ ~-s ~~Ql c:~ 0 ~~ w a '- 0 ao~ ~co~ ~l'Cl ~ ~~ I- - Cl ~ = C::l x _ Ql ~ co v, ~ Q) C - ello.D Ql..ll::-;;:; -u ~ E<U o ~ - f/l Ql - ,-", C - Cll E _ Cll C c ~ Ql'Oc o~~ ffigQl ~'- -<U ~ ..... ffi Ql - ~-- ~- E u 00 o~ 1-- 0 a. Ql u (Ol'Clll) Cl~n:l cC --.- a: ~ U c -~~ C-E ~-~ CU~ cu~ ~ Q) Ql 0 - a-ro -Ql ...~ >Q) >Ql W W e m~ (/'J U(/'J C~Ql ~uQl ~~m o~ 0..... ~ u - ~o ~ Cij~ ~QlU C.cE CJQ, E- E~ ~ ~8 ~ ~~ w~~ ~8~ ~!~ ~j ~~ a c I Z ~ N M v ~ ~ ~ ro ~ ffi CA:RMM:mz334/hpadv city council Meeting 10-2-90 Santa Monica, California ORDINANCE NUMBER - (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6A TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE IMPLEMENTING PROCEDURES FOR REVIEW OF THE ALTERATION OR DEMOLITION OF STRUCTURES LOCATED IN THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT WHEREAS, on July 24, 1990, the City council found and declared that the Third street Neighborhood Historic District possesses aesthetic significance to Santa Monica; and WHEREAS, the area displays a high percentage of original, turn of the century structures, a consistency in building type, primarily the California bungalow, and a close association with the natural environment, as demonstrated in particular by the siting of the homes on the east side of Third street which are set into the slope of the hill and these elements combine to create an area with both a sense of place and a sense of Santa Monica's past; and WHEREAS, the city council found and declared that the Third street Neighborhood Historic District possesses historical economic significance to Santa Manica in that the Vawter family, leading developers of the Neighborhood, were also influential in the economic success of Ocean Park through the founding and operation of Ocean Park's first bank and through the ownership - 1 - and operation of one of Ocean Park's earliest businesses and tourist attractions, the Ocean Park Floral Company; and WHEREAS, the development of piers, bathhouses and hotels stimulated growth in the Ocean Park area by providing jobs and attracting both residents and visitors to Ocean Park and to the Third street Neighborhood; and WHEREAS, the City Council found and declared that the Third street Neighborhood Historic District possesses historic significance to Santa Monica in that the neighborhood is associated with many prominent early city residents, inclUding the Vawter, Hostetter and Archer families, and Abbot Kinney; and WHEREAS, the City Council found and declared that the Third street Neighborhood Historic District possesses architectural significance to Santa Monica in that the area displays a variety of architectural styles, from Victorian to Gothic, to American Colonial Revival, to California Craftsman, to Spanish Colonial Revival; and WHEREAS, the City Council found and declared that the Third street Neighborhood Historic District possesses cultural significance to Santa Monica in that the area has ties to Santa Monica's religious, artistic, and political life through the inclusion of both the Church in Ocean Park and the Iglesia El Sermon Del Monte Asambleas De Dios (built in 1916 as the First Baptist Church) in the District, the Neighborhood's proximity to the murals along the Ocean Park Boulevard/Fourth Street overpass, and the use of the Archer House by the Ocean Park Community Center; and - 2 - - -------- -- - -- - - - WHEREAS, the city council directed Staff to prepare a comprehensive ordinance for the Third Street Historic District which included procedures for the review and approval of remodeling, demolition, and addition to structures within the Third Street Historic District, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION l. Chapter 6A is added to Article IX of the Santa Mnoica Municipal Code to read as follows: Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT DEVELOPMENT STANDARDS SECTION 963l. Definitions. Words or phrases as used in this Chapter shall have the meaning as defined in section 9602 except as otherwise defined as follows: (a) Certificate of Administrative Approval. A certificate issued by the Landmarks Commission Secretary, or Landmarks commission on Appeal, for a Project in the Third Street Neighborhood Historic District pursuant to Section 9633(b). (b) Certificate of Appropriateness. A certificate issued by the Landmarks Commission Secretary for a project in the Third street Neighborhood Historic District pursuant to section 9633(c). (c) Certificate of Exemption. A certificate issued by the Landmarks Commission Secretary for a Project in the Third Street Neighborhood Historic District pursuant to section 9633(a). - 3 - --- ---- (d) Contributing structures. All structures located within the Third street Neighborhood Historic District boundaries that were constructed in 1935 or earlier. (e) District. The Third street Neighborhood Historic District. ( f) Proiect. Any alteration, restoration, construction, reconstruction, removal, relocation, or demolition of a structure within the Third street Neighborhood Historic District. (g) Third street Neighborhood Historic District Boundaries. The Third street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third street; bounded on the south by Hill street including the parcels on the south side of the street but excluding the parcel on the southeast corner of Hill street and Third street~ bounded on the west by the rear property line of the parcels on the west side of Second Street~ and bounded on the north by Ocean Park Boulevard. (h) Non-contributing structures and sites. All structures located within the Third street Neighborhood Historic District boundaries constructed after 1935 as well as vacant parcels. (i) Secretary of the Interior's standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildinqs. Those certain guidelines for the - 4 - planning and review of historic building rehabilitation, restoration, alteration and addition, prepared by the United states Department of Interior dated 1976, and as may be amended from time to time. SECTION 9632. Applicability. (a) certificate of Exemption. A Certificate of Exemption shall be required for the following work to Contributing and Non Contributing buildings within the District if a Building Permit is required: (1) All interior alterations; (2) House painting resulting in no change in color: (3) New screens: (4) Flat concrete work in the side and rear yards; (5) Exterior alterations not visible from a street that do not result in increase or decrease in building square footage; (6) Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used; (7) General maintenance and repair if it results in no change in existing appearance; (8) Removal or addition of minor landscape features, including sprinkler systems and excluding mature trees; - 5 - (9) Removal of mature trees if severely damaged or diseased; (10) Emergency repairs necessary to preserve life, health, or property as determined by the Building Officer to be immediate and necessary; (11) Rear or side yard fences; (12) Roof top solar equipment or exterior telecommunication equipment: or (13) Mechanical systems including air conditioning or heating. (b) certificate of Administrative Approval. A certificate of Administrative Approval shall be required for the following work to Contributing and Non-contributing buildings within the District: (1) Roofing work, other than general maintenance; (2) Foundation work, other than general maintenance; (3) Chimney work, other than general maintenance; (4) House painting resulting in a change in color; (5) Retaining walls; (6) New windows or doors; (7) Skylights; (8) Any addition or subtraction in building square footage on side or rear not visible from a street; - 6 - (9) Removal of mature trees if specifically identified in a landscape survey adopted by the Landmarks Commission; (10) Removal, demolition, addition or alteration to front yard fences; or (11) Removal, demolition, addition, alteration, or repaving of front yard paving, concrete work or walkways, if material used changes existing appearance. ( c) certificate of Appropriateness. A Certificate of Appropriateness shall be required for the following work to Contributing and Non-Contributing buildings within the Third street Neighborhood Historic District: (1) Surfacing and resurfacing of exterior walls if it changes appearance; (2) Removal, demolition, addition or alteration to the front of structures; (3) Removal, demolition, addition or alteration to the side or rear of structures if visible from a street: (4) Construction of new buildings within the Third street Historic District boundaries; (5) Relocation of buildings within or into the Third street Neighborhood Historic District; (6) Removal, demolition, addition or alteration to building roof lines; (7) Any other similar work not enumerated in 9632(a) or 9632(b), as determined by the Landmarks - 7 - -- ---- commission Secretary within his or her sole discretion, except that any demolition of a Contributing or Non-contributing structure shall be governed by the provisions of section 9635. SECTION 9633. criteria For Issuance of Applications. (a) criteria for Issuance of Application for Exemption. The Landmarks Commission Secretary shall issue a Certificate of Exemption for Projects in the District if the Secretary finds that the proposed Project is included within the list of work enumerated in section 9632(a). (b) criteria for Issuance of Application for Certificate of Administrative Approval. The Landmarks Commission Secretary, or the Landmarks Commission on appeal, shall issue a certificate of Administrative Approval for Projects in the District if the Secretary or Commission finds that the Proj ect is included wi thin the list of work enumerated in section 9632(b); that the Project is not detrimental to the character of the structurei and that the Project does not detract from the integrity of the district. (c) Criteria for Issuance of Application for certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a Certificate of Appropriateness for Projects in the District if it finds that the Project is included within - 8 - the list of work enumerated in section 9632(c), and it makes a determination in accordance with any one or more, as appropriate, of the following criteria. Such criteria shall be in lieu of those otherwise required by 9611(b): ( 1) That in the case of any proposed alteration, restoration, construction, removal, or relocation, in whole or in part of or to a contributing building or structure wi thin the District, the proposed work would not be incompatible with the exterior features of other contributing improvements within the District, not adversely affect the character of the District, and not be inconsistent with any design guidelines and standards that may be developed and adopted by the Landmarks Commission specifically for the District; or (2) That in the case of any proposed alteration, restoration, construction, removal, or relocation, in whole or in part, of or to a contributing building or structure within the District, the proposed work would not adversely affect any exterior feature of the historic structure; or (3) That in the case of any proposed work to a non contributing building or structure within the District reasonable effort has been made to produce compatibility with the District character as set forth in Section 9630, and with the scale, materials, and - 9 - massing of the contributing structures within the District; or (4) That in the case of any proposed construction of a new improvement on any parcel located within the District boundaries, the exterior features of such new improvement would not adversely affect and not be disharmonious with the District character as set forth in Section 9630, and with the scale, materials, and massing of the contributing structures within the District; or (5) That the applicant has obtained a certificate of Economic Hardship in accordance with section 9611.5. SECTION 9634. Procedures. (a) certificate of Exemption and certificate of Administrative Approval. (1) Application Process. An application for a Certificate of Exemption and certificate of Administrative Approval for a Project in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the city. An application shall be deemed complete within 30 days after the Planning Division receives a substantially complete application together with all information, plans, specifications, statements of work, and other material and documents required by the application. If, within the specified time period, the - 10 - Planning Division 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. A public hearing shall not be required for issuance of a Certificate of Exemption or a Certificate of Administrative Approval, but posting of the property pursuant to Section 9634 (a) (3) shall be required. (2) Timinq of Application. A Certificate of Exemption for a Project in the District approved by the Landmarks Commission Secretary shall be required to be issued prior to issuance of any Building Permit for the use or activity. A Certificate of Administrative Approval shall be required to be issued prior to issuance of any Building Permit for, or commencement of, the use or activity. (3) Posting of Property. within 10 days after an application has been deemed complete for a Certificate of Administrative Approval for a project in the District, the applicant shall continuously post notice of the pending application on the property in the manner set forth by the Zoning Administrator in the Application Form supplied by the City. This requirement shall not apply to applications for a certificate of Exemption. (4) Determination. The Landmarks Commission Secretary shall issue or deny a Certificate of Exemption - 11 - --- --- or a certificate of Administrative Approval for a Project in the District within 30 days of the application being deemed complete. (b) certificate of Appropriateness and certificate of Econoaic Hardship. (1) Application Process. An application for a Certificate of Appropriateness, or certificate of Economic Hardship for a Project in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the City. A Certificate of Appropriateness and Certificate of Economic Hardship shall be processed in accordance with Section 9612(a) through 9612(k), except that the applicant shall also be required to post notice of the pending application as provided in section 9634 (a) (3), and must provide verification at the time of application that the applicant has met with immediately adjacent neighbors to seek their input. (2) Timinq of Application. A certificate of Appropriateness or certificate of Economic Hardship for a Project in the District approved by the Landmarks Commission shall be required to be issued prior to issuance of any demolition permit, Building Permit for, or commencement of, the use or activity. (3) Postinq of Property. within 10 days after an application has been deemed complete for a Certificate of Appropriateness, or certificate of Economic Hardship for a Project in the District, the - 12 - applicant shall continuously post notice of the pending application on the property in the manner set forth by the zoning Administrator in the Application Form supplied by the city. (4) Determination. The Landmarks Commission shall issue its determination on a Certificate of Appropriateness or Certificate of Economic Hardship for a Project in the District in accordance with Section 9612(e) through 9612(g). (c) Appeals. Appeals shall be processed according to the following procedures: (1) Certificate of Exemption. The approval, conditions of approval, or denial of a Certificate of Exemption shall not be appealable, except that upon the request of the applicant the Landmarks Commission Secretary shall process any such denial as an application for a Certificate of Administrative Approval or Certificate of Appropriateness, as appropriate. The applicant must comply with all rules and procedures, including the payment of any applicable fees, governing the applicable certificate. (2) Certificate of Administrative Approval. The approval, conditions of approval, or denial of a Certificate of Administrative Approval for a Project in the District may be appealed to the Landmarks Commission by any aggrieved person. Appeals must be filed wi thin 14 days of the date of the determination. A public hearing before the Landmarks commission shall be - 13 - --- --- scheduled at the next available regular meeting. Public notice of the appeal hearing shall conform to the manner in which the original notice of application was given. (3) Certificate of Appropriateness and Certificate of Economic Hardship. The approval, conditions of approval, or denial of an application for a certificate of Appropriateness or certificate of Economic Hardship may be appealed to the City Council according to the procedures set forth in Section 9613. (d) Expiration of Approvals. Any certificate issued for a Project in the District pursuant to this Chapter shall expire of its own limitation within a one hundred and eighty (180) day time period commencing on the effective date of the certificate if the work authorized is not commenced by the end of such one hundred and eighty (180) day time period. In addition, any certificate shall also expire and become null and void if such work authorized is suspended or abandoned for a one hundred and eighty (180) day time period after being commenced. (e) Effective Date of Decision. A decision on a Project in the District that is subject to appeal shall not become effective until after the date the appeal period expires. A decision not subj ect to appeal shall become effective upon issuance. (f) Extension of Approvals. The Landmarks Commission may, by resolution, for good cause, extend the time periOd for exercising a certificate of - 14 - Exemption, a Certificate of Administrative Approval, Certificate of Appropriateness or Certificate of Economic Hardship for a Project in the District for a period of up to one hundred and eighty ( 180) days upon such terms and conditions as the Commission deems appropriate. Such extended certificate shall expire if the work authorized by the extension is not commenced by the end of the extension period. (g) Resubmittal of an Application. Notwithstanding Section 9612(l), whenever an application for a Certificate of Exemption or certificate of Administrative Approval, for a Project in the District has been deemed disapproved by the Landmarks Commission Secretary or by the Landmarks commission on appeal, or whenever an application for a Certificate of Appropriateness or Certificate of Economic Hardship for a Project in the District has been deemed disapproved by the Landmarks Commission or by the City Council on appeal, no application which is substantially the same may be resubmitted to or reconsidered by the the Landmarks Commission Secretary, Landmarks Commission or City Council for a period of twelve (12) months from the date of the effective date of the final action. However, any such Certificate application may be refiled at any time during the twelve month period provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. The refiled application shall be - 15 - processed in the same manner as the original application. (h) Fees. The City Council may by Resolution establish fees for any application or appeal permitted by this Chapter. SECTION 9635. De.olition. (a) contributing structures. The demolition of contributing structures located within the District shall only be permitted upon issuance of a certificate pursuant to subsections (1) or (2) below: ( 1) The Landmarks Commission's issuance of a Certificate of Appropriateness based upon all of the following findings: A. That the structure does not embody distinguishing architectural characteristic valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, national Register of Historic Places, California Registered Historical Landmark, or California Point of Historical Interest. B. That the conversion of the structure into a new use permitted by right under current zoning or with a Conditional Use Permit, rehabilitation, or some other alternative for preserving the structure, - 16 - --- - -- - - ------ including relocation within the District boundaries is not feasible. c. That the removal of the structure from the District will not result in a loss of the District's historic integrity. (2) The Landmarks commission's issuance of a Certificate of Economic Hardship in accordance with Section 9611.5. (b) Non-contributing structures. The demolition of non-contributing structures located within the District shall be permitted only upon compliance with the procedures set forth in Section 9048.1. (c) Demolition Permit Order of Review. Whenever a Project is proposed for a structure or site within the District boundaries that involves the demolition of a contributing structure and will require the review, approval, or issuance of any Zoning Administrator permit, Conditional Use Permit, Development Review Permit, Tentative Parcel Map, Tentative Tract Map, or building permit the applicant must first obtain either a certificate of Appropriateness or a Certificate of Economic Hardship from the Landmarks Commission to permit such demolition. SECTION 9636. Architectural Review Board Exemption. All structures located within the boundaries of the District shall be excluded from any City - 17 - architectural review district, and be exempt from Architectural Review Board approval. SECTION 9637. Design Guidelines. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be used by the Landmarks commission and Landmarks Commission Secretary to assist in its evaluation of proposed Projects within the District. The Secretary's Guidelines, however, shall not be considered dispositive with respect to any Project or determination on any certificate required for work in the District. SECTION 9638. Maintenance and Repair. Every property owner of a structure within the District shall have the duty of keeping in good repair all exterior features of the District structure, and all interior features thereof which, if not so maintained, may cause or tend to cause the exterior features of the Historic District structure to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. Inspections may be conducted by the City upon request of District residents and property owners in the District when potential health and safety violations exist. SECTION 2. 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, - 18 - is hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. 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 the ordinance. The city council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The ci ty Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. The ordinance shall be effective 30 days from its adoption. APPROVED AT TO FORM: ~ ""^' ~--- ROBERT M. MYERS City Attorney pcjord2 - 19 - -- -