SR-111296-8A
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Council Meeting: November 12, 1996
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Santa Monica, California
TO: Mayor and City council
FROM: city staff
SUBJECT: Recommendation To Adopt An Interim Emergency Ordinance
Allowing Second Dwelling units In the R-1 And OP-1
Zoning Districts Under certain Circumstances,
clarifying The Allowance Of Second units In Multi-
Family Residential Districts And specifying Standards
For Second Units
Introduction
On October 15, 1996, the city Council adopted an interim ordinance
to regulate second units in residential districts throughout the
city.
The interim ordinance is effective for only 45 days.
Accordingly, the Council must decide whether to let the lnterim
ordinance expire, continue it, or amend it.
This staff report
recommends that the city Council adopt the emergency ordinance
attached to this staff report.
It would, in effect, amend the
current interim ordinance and extend it for a period of e1ghteen
months to facilitate the process for adopting permanent standards
which will become a part of the City1s Zoning Ordinance.
Backaround and Discussion
On September 24, 1996, City staff presented to Council a proposed
ordinance governing second units. It would have permitted second
units in multi-family districts, and it would have prohl.bl.ted
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second units in the R-1 and OP-1 districts subject to a limited
exception author iz ing second units intended and used to house
parents or children of the property owner.
The City Council conducted public hearings on the proposed
ordinance on September 24, 1996 and October 8, 1996. In the course
of those hearings, the council received extensive input in the form
of both public testimony and letters from City residents.
various concerns were raised during the public process. Many
members of the public urged the city Council to preserve the
character and ambiance of the city's single-family residential
nel.ghborhoods. Individual residents expressed concerns about
increased density and congestion, noise, overburdening of services
and infrastructure, increased traffic and parking problems and
other adverse impacts upon the city's single-family districts.
other viewpoints were expressed as well. Some felt that the
proposed ordinance was too restrictive. For instance, two speakers
argued that, as proposed, the ordinance would make it impossible
for working parents and others to house caretakers necessary for
their family's health and well-being. It was also argued that the
proposed ordinance unduly restricted affordable housing and did not
comply with state law because, among other things, it would have
limited second unit housing in the City's R-1 and OP-l districts to
specified relatives of the homeowner.
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After considering public input, the Council decided to modify the
proposed ordinance to address concerns raised by the public.
Specifically, the Council modified the proposal to broaden the
circumstances in which second units would be allowed in single
family districts. Thus, as adopted, the interim ordinance
authorizes a second unit in the R-1 and OP-1 zone if that unit is
intended and used to house a dependent of the owner or a caretaker
of the owner or owner's dependent. The interim ordinance also
authorizes second units in all multi-family districts.
The interim ordinance presented with this report incorporates the
policy decisions previously made by the Council. There have been
some modifications to the language of the interim ordinance;
however, they do not change the basic standards set by the Council.
Instead, the wording of the findings and of Section 4 has been
revised to ensure that those provisions accurately reflect both the
policy decision made by the Council and the balancing of competing
interests underlying that decision. In order to allow time for the
Planning Commission and the Housing Commission to review and
comment on the proposed permanent standards, it is necessary to
adopt the accompanying ordinance for a period of 18 months. During
that time the Planning Commission will conduct a public hearing and
will make recommendations to the city Council.
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Recommendation
It is recommended that the Council adopt the attached urgency
measure and specify its effective period as 18 months.
prepared by: Suzanne Frick, Director
Planning and Community Development Department
Marsha Jones Moutrie, city Attorney
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City Council Meeting 11-12-96
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ALLOWING SECOND DWELLING UNITS
IN THE R-l AND OP-l ZONING DISTRICTS UNDER SPECIFIED
CIRCUMSTANCES, CLARIFYING THE ALLOWANCE OF SECOND
UNITS IN MULTI-FAMILY RESIDENTIAL DISTRICTS, SPECIFYING
STANDARDS FOR SECOND UNITS, AND DECLARING THE
PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinas and PUrDose. The City Council finds and
declares:
(a) Government Code Section 65852.2 establishes requirements
for the adoption of municipal standards applicable to second units
in single-family and mUlti-family zones. It provides that, within
120 days after receiving the first application for such a unit, a
city may either: (1) adopt an ordinance allowing for second units
subject to local standards; or (2) prohibit second units based upon
findings specified in Section 65852.2. If a city fails to exercise
either of these options, then state standards specified in Sectlon
65882.2 apply.
(b) A principle goal of Government Code Section 65852.2 is to
ensure that all California cities make adequate provision for
affordable housing.
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(c) The City of Santa Monica fully supports this goal. The
City has a long-standing commitment to the provision of affordable
housing, and the City successfully effectuates this commitment
through extraordinary effort manifest in various City laws,
pOlicies and programs.
(d) The City's voters have adopted initiative measures which
ensure the protection of affordable housing in the city. The Rent
Control Charter Amendment, adopted in 1979, has as its primary
purpose the protection of affordable housing. similarly,
Proposition R, adopted by the voters in 1990, mandates that thirty
percent of all housing units constructed each year in the city must
be affordable.
(e) The City's zoning laws and policies include substantial
incentives for the production of affordable housing, includ1ng
height and density bonuses and reduced parking requirements.
Addi tionally, unlike many cities' zoning laws, Santa Monica's
permits some form of residential use in all of the City's zones,
including commercial and industrial. The only exception is the
city's park zone, which is limited to the city's parks.
(f) The City operates a number of programs which facilitate
the production of affordable housing. These include loans to
private, for-profit developers and owners and funding to non-profit
agencies to acquire or construct housing units.
(g) The City also funds many social service programs which
provide emergency shelter, transitional housing and permanent and
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supportive housing to individuals and families with very low
incomes.
(h) These and other laws, policies and programs have resulted
1D the preservation and production of an extraordinary number of
affordable units within the city. The presence of these units has
allowed a very substantial number of low and moderate income
households to live in the City notwithstanding its prime location
and high real estate values. Census data shows that sixty percent
of the City's households have low or moderate incomes.
(i) At the same time as it has worked to ensure the
preservation and production of adequate affordable housing, the
Clty has also striven to protect residents' quality of life within
the City by maintaining a balance between the conflicting community
needs. However, the preservation of this balance has been a
difficult task because of certain unique characteristics of the
City which are a function of its location and history.
(j) Santa Monica is a coastal City, in a prime location,
bordered by the city of Los Angeles to the north, east and south.
The land area of the City is small -- just 8 square miles -- and
the population is approximately 90,000. Thus, the City is very
dense. Moreover, the combination of an oceanside location, fine
climate, and the availability of urban facilities, services and
entertainments make Santa Monica an extremely desirable place to
work or visit -- just as it is a very desirable place to live.
Consequently, a large number of non-residents come into the city to
work or recreate. On weekdays, approximately 300,000 people are
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present within the city. On weekends, the number swells to as high
as 500, 000. Thus , population dens i ty and congestion both pose
significant threats to the quality of life in Santa Monica.
(k) The city's density is, in significant part, a function of
its zoning. Since 1922, a relatively large portion of the city has
been zoned multi-family; and a significant portion has been zoned
commercial. Consequently, for many decades, a relatively small
percentage of property within the City has been zoned for single
family residences. Thus, there are very few neighborhoods within
the City which are neither densely developed nor periodically
congested.
(1) The density and congestion of the city and the threat
which they pose to quality of life is magnified by the lack of open
space. The City has relatively little parkland; and the parks
which do exist are very heavily used for a variety of purposes.
These purposes include sports leagues and special events, both of
which draw large crowds and generate substantial noise. The beach
provides open space. However, this open space is utilized by tens
and even hundreds of thousands of persons l1ving throughout the
Southern California region. Thus, very little space within the
City is peaceful and quiet.
(m) Even the limited portions of the city which are zoned
single family experience unusual problems with noise, traffic and
parking for several reasons. The hundreds of thousands of people
who work in the City and visit it use the City's residential
streets for travel and parking. Additionally, tens of thousands of
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commuters drive through the City each work day to gain access to
the Santa Monica Freeway; and this number is increasing due to
extensive development to the south of the City's border. These
workers, visitors, and commuters impact noise levels, air quality
and traffic in the City's R-1 and other residential neighborhoods.
Moreover, in portions of the City, the commercial zones which run
along the City's major east-west thoroughfares are adjacent to R-l
neighborhoods. The quality of residential life in these
neighborhoods is impacted by the large numbers of persons
pat~onizing the businesses in these zones, which include
restaurants, coffee houses and night clubs. Moreover, in the R-l
neighborhoods of the city, a substantial number of second units
already exist. Some of these were built as "accessory units" and
are not permitted for dwelling. others were simply built without
permits. Many of these units have been utilized as rental units
and are therefore protected under the City's Rent Control Charter
Amendment. Taken together, these factors mean that the City's
single family neighborhoods are already denser, noisier, and more
subJect to parking and traffic problems than their zoning
designations would indicate.
(n) On June 18, 1996, the City received its first application
for a Conditional Use Permit for a second unit on a property zoned
for single family use.
(0) On August 13, 1996, pursuant to the requirements of
Government Code section 65852.2, the city Council directed city
staff to prepare an ordinance regulating second units in the R-1
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district and directed the Planning Commission to review and comment
on the proposed ordinance. In response, Staff proposed an
ordinance, and the Planning Commission conducted a public hearing
on the proposed ordinance on September 11, 1996.
(p) The proposed ordinance, together with modifications
suggested by the Planning Commission, came before the City council
at its meeting of September 24, 1996; and the Council conducted a
public hearing.
(q) In the course of that hearing, a significant number of
City residents expressed their concerns about permitting the
development of additional second units in the R-1 district. Many
others expressed their concern by letter. Those concerns included:
increased noise, increased air pollution, security risks, the
creation and exacerbation of traffic and parking problems,
inordinate demand on the infrastructure of older neighborhoods
which were planned and built to be R-l, and the lack of quiet,
peaceful spaces in the community. A much smaller number of
speakers favored allowing second units in the single family
d1stricts. At the conclusion of the hearing, the Council
deliberated on the available options and directed staff to prepare
an ordinance which would prohibit second units in the R-1 and OP-1
districts (hereinafter referred to in this section as the IlR-11l)
only.
(r) At the October 8, 1996 City council meeting, the Council
considered an ordinance which clarified the allowance of second
units in all multi-family districts, and prohibited second units in
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the R-l district subject to a limited "hardship exemption. tI A
public hearing was conducted and additional public testimony was
received. Some property owners testified that second units were
needed for occupancy by their dependents, or by care givers for
themselves or their dependents. After the receipt of public
testimony and deliberation, the City Council introduced for first
reading an ordinance which modified the proposed "hardship
exemption" to expand the circumstances under which second units
would be allowed in the R-l District. That ordinance was adopted
on second reading as Ordinance Number 1866(CCS) on October 15, 1996
and is due to expire shortly.
(s) In Ordinance 1866 (CCS), the city Council found that
permitting the development of additional second units in the City's
limited R-l districts would adversely impact the public health,
safety and welfare. Such development would significantly erode the
quality of life for residents of R-l districts in Santa Monica. It
would, among other things, exacerbate problems resulting from the
city's overall density and the unusually large number of persons
who work within the City, visit it for recreation, and travel
thought it. These problems include noise, traffic, and a shortage
of parking. Such development would also adversely affect qual1ty
of life by reducing those limited neighborhoods within the City
which afford the possibility of a relatively tranquil environment
and thereby serve as havens for City residents who walk, jog, and
ride bicycles on their quiet streets, using the streets in much the
same way as parks.
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(t) Without limiting the foregoing, the city Council also
finds that many property owners in the R-l District have
dependents, such as elderly relatives or physically or mentally
disabled adult children, who rely on the property owner for care.
Second units provide an opportunity for limited independent living
for such dependents in close proximity to the property owner r S
home. Other R-1 property owners have the need to house health care
providers or other care givers for themselves of their dependents.
Second units facilitate such an arrangement and provide a
convenient residence for such caregivers. In some circumstances,
substantial hardship may result to property owners who are unable
to have second units on their property for the purposes described
above.
(u) Allowing second units in the R-1 district only for the
use of dependents of the property owner, or caregivers of the
property owners or dependents of the property owners, and subject
to the other requirements of this Ordinance, should not result in
an undue concentration of second units, and strikes an appropriate
balance between the competing needs identified above.
(v) The City Council also finds and declares that it has been
City policy to allow second units in the mUlti-family residential
district, and permitting such units effectuates the City's and the
state's policy of encouraging the development of affordable
housing.
(w) The purpose of this ordinance is to conform with the
requirements of state law relating to second units in areas zoned
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for single-family and mUlti-family residences; to clarify the
allowance of second units in some areas of the City, while
protecting the character of the single family residential
districts; and to provide reasonable design and development
standards and procedures to foster and protect the public health,
safety, welfare and aesthetic interests of the city. The city
council is mindful of the possibility that this ordinance may limit
hous1ng opportunities in the region. However, in view of the many
City laws, policies and programs which have successfully fostered
affordable housing opportunities in the City, and in view of the
extent and success of those efforts relative to efforts made by
other cities in the region, any impact of this ordinance upon
regional housing needs will likely be negligible.
(x) Pursuant to the City's Zoning ordinance, further formal
action is needed by both the Planning Commission and the City
council to effectuate an amendment to the Zoning Ordinance to
regulate second units in accordance with the provisions of this
ordinance. Should the City not adopt this ordinance, development
incompatible with the provisions of this Ordinance will occur,
which would adversely affect the health, safety and welfare of the
City and its citizens, as described above.
(y) For these reasons, pursuant to Santa Monica Municipal
Code section 9.04.20.16.060, the city council finds that another
interim ordinance modifying Interim Ordinance Number 1866 (CCS) and
extending it for eighteen (18) months is necessary because there
exists a current and immediate threat to the public health, safety,
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or welfare, and approval of development incompatible with the
standards of this interim ordinance would result in a threat to
public health, safety, or welfare. This Ordinance extends the
provisions of Ordinance 1866(CCS), as modified, to allow adequate
time for formal zoning Ordinance amendments to be processed and
adopted, and makes minor wording changes to the provisions of
Ordinance 1866(CCS) to more accurately reflect the Council's
action.
SECTION 2. Definitions. As used in this Ordinance, these
words have the following definitions:
(a) "Second unit" means an attached or detached residential
dwelling unit which provides complete independent living facilities
for one or more persons and which is located or established on the
same lot on which a single family residence is located. A second
unl t shall contain permanent provisions for living, sleeping,
eating, cooking and sanitation. ItSecond unitlt shall also include
an efficiency unit, as defined in section 17958.1 of the Health and
Safety Code, and a manufactured home, as defined in Section 18007
of the Health and Safety Code.
(b) "Existing second unit" means a second unit which was
developed prior to the effective date of this Ordinance. An
existing second unit shall be considered as either "legal non-
conforming,1t if it conformed to the standards existing at the time
it was developed, or as nnon-permitted,n if it was developed in a
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manner inconsistent with the applicable standards in effect at the
time of development.
SECTION 3. Applicability. The provisions of this Ordinance
apply to existing non-permitted second units and to the development
of all new second units. Existing legal non-conforming second
units may remain, subject to the provisions of Subchapter 9.04.18
of the Zoning Ordinance.
SECTION 4. Permitted Districts. Notwithstanding any
provisions of the Municipal Code to the contrary, second units
shall be permitted in all multi-family residential zoning districts
subject to the requirements of section 5 below. Second units shall
not be permitted in the R-l and OP-1 zoning districts, subject to
the requirements of section 6 below.
SECTION 5. Second Units in the Multi-familv Residential
Zonina Districts. This Ordinance clarifies existing city practice
with respect to second units in the multi-family zoning districts.
Notwithstanding anything in the Municipal Code to the contrary,
second units shall be allowed in the following multi-family
residential zoning districts according to the following standards:
(a) R2R. An attached second unit, and a detached second unit
when located on a parcel containing one single family home, shall
be considered a "duplex," and shall be permitted in all
circumstances in which development of a duplex would be permitted,
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subject to compliance with the property development standards of
the district.
(b) R2, R3, R4, RVC, OP-Duplex, OP-2, OP-4, and R3R. A
second unit shall be considered a "multi-family" use, and be
permitted, subject to compliance with the underlying property
development standards of the district in which the property is
located.
(c) R2B. Development of a second unit shall be considered a
permitted use, subject to compliance with the property development
standards of the district.
(d) Parking requirements. Parking requirements for second
units in multi-family zoning districts shall be the same as parking
requirements for other multifamily dwelling units under the Zoning
Ordinance. Pursuant to Government Code Section 65852.2(e), the
city council finds that tandem parking for lots greater than 30
feet in width, and parking in the front one half of the parcel, are
not otherwise permitted for residential uses anywhere else in the
jurisdiction.
SECTION 6. Second Units in the R-l and OP-l. A Use Perm1t
may be granted for a second unit in the R-l and OP-1 zoning
districts if the unit is intended and used solely for occupancy by
a dependent of the resident property owner, or a care giver of
either the property owner or a dependent of the property owner, and
if the owner demonstrates that substantial hardship to the owner
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and the occupant(s) will result from denial of the permit. Such
units must also comply with the following:
(a) Use Permit reauired. A Use Permit shall be required for
any second unit. The Use Permit shall be processed in accordance
with the provisions of Part 9.04.20.11 of the Zoning Ordinance. No
Use Permit shall be granted unless the second unit complies with
the provisions of this ordinance, and unless the findings required
by Part 9.04.20.11 are made. A Use Permit application shall be
SUbject to the standard fee for Use Permits as set by resolution of
the City Council.
(b)
Occuoancv and sale limitations. The owner of record of
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the parcel shall reside on the parcel on which the second unit is
located, in either the main dwelling unit or the second unit. A
second unit may be occupied as a residential dwelling unit, and the
Use Permit shall be valid only if and for so long as this
condition, and the hardship requirements described in subsection
(a) are satisfied. The second unit is not intended for, and shall
not be offered for, sale separately from the main dwelling unit.
(c) Lot size.
Second units may be developed on any legal
parcel of 5000 square feet or more in the R-1 and OP-1 Districts.
Second units may not be developed on parcels less than 5000 square
feet in area.
(d) Density. Second units may be developed on parcels which
contain no more than one existing single-family residence.
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(e) M~ximum and Minimum unit Size. Second units may contain
a maximum of 650 square feet of floor area and a minimum of 220
square feet of floor area.
(f) Parcel coverage. The parcel coverage of the second unit
shall count toward total parcel coverage. The entire parcel shall
conform to the parcel coverage limitation of the R-1 or OP-1
Districts as applicable.
(g) Parkina reauirements. For second units, one parking
space per bedroom shall be required, with a minimum of one space
per second unit. Tandem parking shall not be permitted unless the
parcel upon which the second unit is located is less than 30 feet
in width. Parking shall not be located in the front one half of
the parcel. Pursuant to Government Code section 65852.2(e), the
city Council finds that tandem parking for lots greater than 30
feet in width, and parking in the front one half of the parcel, are
not otherwise permitted for residential uses anywhere else in the
jurisdiction.
(h) Second units attached to the main dwellina. Except as
otherwise provided above, the second unit shall comply with all the
property development standards for the main dwelling.
(i) Detached second units. In addition to the requirements
set forth above, detached second units shall comply with the
following:
(1) One story detached second unit in a building which
15 fourteen feet or less in height: The entire building in which
such second unit is located shall comply with the requirements
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applicable to accessory structures set forth in Zoning Ordinance
section 9.04.10.02.100, subsections (a), (b), (c), (d), and (e) and
with the requirements for accessory living quarters set forth in
zoning Ordinance section 9.04.12.080, subsections (c),(d), and (g).
(2) Detached second unit in a building which is over one
story or exceeds fourteen feet in height: The entire building in
which such second unit is located shall comply with the
requirements applicable to accessory structures set forth in Zoning
Ordinance section 9.04.14.110, subsections (a), (c), (d), (e), and
(g) .
(j) Desiqn standards.
(1) The exterior design of the second unit shall be
substantially compatible with that of the main dwelling in terms of
building forms, materials, colors, exterior finishes and
landscaping. The parcel shall retain a single-family appearance
and the second unit shall be integrated into the design of the
existing improvements on the property.
(2) The second unit shall be clearly subordinate to the
main dwelling unit on the parcel by size, location and appearance.
(3) The entrance to the second unit shall not be on the
front or street side yard.
(4) The addresses of both units shall be displayed in a
manner as to be clearly visible from the street.
(k) Conversion of existina structures.
(1) Garaae conversions. The creation of a second unit
through conversion of all or a portion of a garage shall be
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prohibi ted unless at least two parking spaces in a garage are
provided for the main dwelling, in addition to the parking required
by this Ordinance for the second unit, and all other provisions of
this Ordinance are met.
(2)
Guest auarters
and non-aaraae accessory buildina
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conversions. The creation of a second unit through conversion of
all or a portion of a guest quarters or non-garage accessory
building shall be allowed if parking required by this Ordinance for
the second unit is provided, and all other provisions of this
Ordinance are met.
(3) Conversion of existina floor area of the Jll?\i:n
dwellina. The creation of a second unit through conversion of part
of the existing floor area of the main dwelling shall be allowed,
provided it does not result in the floor area of the main dwelling
being less than 150% of the floor area of the second unit, or in
violation of the standards of the Uniform Building Code or Uniform
Housing Code.
(l) Prohibition aaainst rental. The second unit shall not be
rented.
(m)
Deed Restriction.
Prior to issuance of a building
permit, or in the case of an existing second unit, within 45 days
following the effective date of approval of a Use Permit, the
applicant shall record a deed restriction with the County Recorder
in a form approved by the City Attorney setting forth the
requirements of this Ordinance, including the applicable occupancy
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and sale restrictions. This deed restriction shall run with the
land.
SECTION 7. Comnliance with other laws. Except as modified by
this Ordinance, a second unit must meet the requirements of the
zoning Ordinance, the Uniform Building Code, and all other relevant
federal, state, and local requirements.
SECTION 8.
Fees for second units.
For purposes of
determining fees and other requirements, a second unit shall be
considered an additional unit on the parcel, and fees shall be
determined in accordance with Government Code Section 66000.
SECTION 9. ComDliance with this Ordinance bv existina non-
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nerm1tted second units. All existing non-permitted second units
must comply with the provisions of this Ordinance.
SECTION 10.
Any provision of the interim ordinances, the
Santa Monica Municipal Code, or appendices thereto inconsistent
W:Lth the provisions of this Ordinance, to the extant of such
inconsistencies and no further, are hereby repealed or modified to
that extent necessary to affect the provisions of this Ordinance.
SECTION 11. 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 any competent
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jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The ci ty 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.
SECTION 12. This Ordinance shall be of no further force or
effect 18 months from its adoption, unless extended in the manner
required by law.
SECTION 13. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica city Charter and section 9.04.20.16.060 of the Zoning
Ordinance. It is necessary for preserving the public health,
safety, or welfare, and the reasons for its adoption are set forth
ln the Findings and Purpose section of this Ordinance.
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SECTION 14. 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
wi thin 15 days after its adoption.
This Ordinance shall be
effective upon its adoption.
APPROVED AS TO FORM:
rr~ .~~
MARSHA JO~UTRIE
City Attorney
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