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City Council Meeting 6-1-98
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Santa Monica, Callforma
TO Mayor and City Council
FROM City Attorney
SUBJECT INTERIM ORDINANCE ALLOWING SECOND DWELLING UNITS IN THE
R-1 AND OP-1 ZONING DISTRICTS UNDER SPECIFIED
CIRCUMSTANCES, CLARIFYING THE ALLOWANCE OF SECOND UNITS
IN MULTI-FAMILY RESIDENTIAL DISTRICTS, AND SPECIFYING
STANDARDS FOR SECOND UNITS
INTRODUCTION
At Its meeting on May 26, 1998, the City Council Introduced for first readIng an ordinance
to extend the eXisting ordinance that allows second dwelling units In the R-1 and OP-1
zOning Districts under specifIed circumstances, c1anfies the allowance of second Units m
multI-famIly reSIdentIal dIstriCts, and specIfies standards for second umts. The ordInance
IS now presented to the City CounCil for adoption
RECOMMENDATION
It IS respectfully recommended that the accompanymg ordinance be adopted
PREPARED BY
Marsha Jones Moutne, City Attorney
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City Councll Meeting 6-1-98
Santa Monica, Californla
( CCS )
ORDINANCE NUMBER
(Clty Council Series)
INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ALLOWING SECOND DWELLING UNITS IN
THE R-l AND OP-1 ZONING DISTRICTS UNDER SPECIFIED
CIRCUMSTANCES, CLARIFYING THE ALLOWANCE OF SECOND
UNITS IN MULTI-FAMILY RESIDENTIAL DISTRICTS, AND
SPECIFYING STANDARDS FOR SECOND UNITS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Flndinas and Puroose. The City Council flnds and
declares:
(a) Government Code Section 65852,2 establishes requlrements
for the adoption of municipal standards applicable to second units
in slngle-family and multi-faml1y zones. It provides that, within
120 days after recelving the flyst appllcation 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 Clty falls to exercise
either of these optlons, then state standards speclfied in Section
65882.2 apply.
(b) A prlnclpal goal of Government Code Section 65852.2 is to
ensure that all Californla cities make adequate provision for
affordable houslng,
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(c) The C~ty of Santa Monica fully supports this goal. The
City has a long-standing commitment to the provision of affordable
housing, and the C1ty successfully effectuates this commitment
through extraordinary effort man~fest in various City laws,
policies and programs.
(d) The City.s voters have adopted ln~tiative measures Wh1Ch
ensure the protection of affordable housing in the City. The Rent
Control Charter Amendment, adopted III 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 Clty must
be affordable.
(e) The City1s zon~ng laws and pollcies include substantial
incentives for the production of affordable housing, lncluding
height and denslty bonuses and reduced parking requirements.
Addi tionally, unl~ke many cities' zoning laws, Santa Monica I s
permits some form of resident~al use in all of the Clty.S zones,
includ~ng commercial and ~ndustrial, The only exception is the
City's park zone, which is limited to the City's parks.
(f) The C~ty operates a number of programs which facilitate
the production of affordable housing. These ~nclude loans to
private, for-profit developers and owners and fundlng to non-profit
agencies to acquire or construct houslng units.
(g) The Clty also funds many social servlce programs which
prov~de emergency shelter, transitional housing and permanent and
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supporti ve housing to individuals and families with very low
incomes.
(h) These and other laws, policies and programs have resulted
in the preservation and productlon of an extraordinary number of
affordable units within the Clty. The presence of these units has
allowed a very substantlal number of low and moderate lncame
households to llve in the Clty notwlthstandlng its prime location
and hlgh real estate values Census data shows that Slxty percent
of the City1s households have low or moderate lncornes
(i) At the same tlme as lt has worked to ensure the
preservatlon and production of adequate affordable housing, the
Clty has also striven to protect resldents1 quality of life within
the Clty by maintalning a balance between the conflictlng community
needs. However, the preservation of this balance has been a
difficult task because of certain unique characteristlcs of the
Clty 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 availabillty of urban facilitles, serVlces and
entertainments make Santa Monlca an extremely deslrable place to
work or visit -- Just as it lS a very desirable place to live.
Consequently, a large number of non-resldents 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 density and congestion both pose
s1gn1ficant threats to the quality of life in Santa Monica.
(k) The C1ty'S density is, 1n s1gnificant part, a function of
1tS zon1ng Since 1922, a relatively large port1on of the City has
been zoned multi-fam11Yi and a significant portion has been zoned
commerc1al. Consequently, for many decades, a relatively small
percentage of property within the Clty has been zoned for s1ngle
family res1dences, Thus, there are very few ne1ghborhoods w1thin
the City which are neither densely developed nor periodically
congested.
(1) The dens1ty and congestion of the City and the threat
wh1ch they pose to quality of Ilfe 1S magnified by the lack of open
space. The C1ty has relatively 11ttle parkland; and the parks
Wh1Ch do exist are very heav11y 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
prov1des open space. However, th1S open space 1S ut11ized by tens
and even hundreds of thousands of persons living throughout the
Southern California reg1on. Thus, very little space within the
City is peaceful and quiet.
(m) Even the l1m1ted portions of the City which are zoned
single family exper1ence unusual problems w1th noise, traffic and
park1ng for several reasons The hundreds of thousands of people
who work in the C1ty and v1sit it use the C1ty'S residential
streets for travel and park1ng. Add1t1onally, tens of thousands of
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commuters drive through the City each work day to gain access to
the Santa Monlca FreewaYi and thlS number is increasing due to
extensive development to the south of the City's border. These
workers, vlsltors, and commuters lmpact noise levels, air quallty
and traffic in the City's R-1 and other residentlal neighborhoods.
Moreover, ~n portions of the Clty, the commerclal zones which run
along the City's maJor east-west thoroughfares are adJacent to R-1
neighborhoods The quality of resldential life ln these
neighborhoods is impacted by the large numbers of persons
patronlzlng the businesses ln these zones, which include
restaurants, coffee houses and night clubs. Moreover, ln the R-1
nelghborhoods of the City, a substantial number of second units
already exist, Some of these were built as "accessory units" and
are not permltted for dwelllng Others were simply built wlthout
permits. Many of these units were utlllzed as rental units prlor
to the adoptlon of the City's Rent Control Charter Amendment and
are therefore controlled rental unl ts. Taken together I these
factors mean that the City's single family neighborhoods are
already denser, noisier, and more subJect to parklng and traffic
problems than thelr zoning designations would indicate.
(n) On June 18, 1996, the City recelved its first application
for a Conditlonal Use Permit for a second unit on a property zoned
for single famlly use.
(0) On August 13, 1996, pursuant to the requirements of
Government Code Beetlon 65852.2, the City Councll directed Clty
staff to prepare an ordinance regulatlng second units in the R-1
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district and directed the Planning Commission to reVlew and comment
on the proposed ordinance. In response, Staff proposed an
ordinance, and the Planning Commission conducted a public hearlng
on the proposed ordinance on September 11, 1996,
(p) The proposed ordinance, together with modlflcations
suggested by the Plannlng Commlsslon, came before the City Council
at ltS meetlng of September 24, 1996; and the Councll conducted a
public hearing.
(q) In the course of that hearing, a slgnlficant number of
Clty resldents expressed thelr concerns about permittlng the
development of additional second units in the R-1 district. Many
others expressed their concern by letter. Those concerns included:
increased noise, increased alr pollutlon, security risks, the
creation and exacerbation of trafflc and parking problems,
lnordlnate demand on the lnfrastructure of older nelghborhoods
WhlCh were planned and built to be R-l, and the lack of quiet,
peaceful spaces in the comffiunlty A much smaller number of
speakers favored allowing second unlts ln the single family
distrlcts. At the concluslon of the hearing, the Council
dellberated on the avallable optlons and dlrected staff to prepare
an ordlnance whlch would prohlblt second units in the R-1 and OP-1
dlstricts (hereinafter referred to in this sectlon as the "R-1")
only
(r) At the October 8, 1996 City Council meeting, the Council
considered an ordlnance WhlCh clarlfled the allowance of second
units in all multl-famlly dlstrlcts, and prohlblted second units in
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the R-l district subJect to a limited IThardshlp exemption." A
public hear1ng was conducted and additional public testimony was
received. Some property owners testifled 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 deliberat1on, the City Council introduced for flrst
readlng an ordinance WhlCh modlfied the proposed "hardship
exemptlon" to expand the circumstances under which second units
would be allowed in the R-1 Dlstrlct That ordinance was adopted
on second reading as Ordlnance Number 1866 (CCS) on October 15,
1996.
(s) In Ordinance 1866 (CCS) , the City Council found that
permittlng the development of addltlonal second units in the City's
lim1ted R-1 districts would adversely impact the public health,
safety and welfare. Such development would significantly erode the
quality of life for residents of R-l d1stricts in Santa Monica. It
would, among other things, exacerbate problems resultlng from the
City's overall denslty, the unusually large number of persons who
work wlthin the City, V1S1t it for ~ecreation, and travel though
it, and the substantlal number of second units that already exist
in R-1 districts. These problems lnclude nOlse, traffic, and a
shortage of parking. Such development would also adversely affect
quallty of life by reduclng the number of neighborhoods withln the
City which stlll afford a tranqull enVlronment and thereby serve as
havens for City residents who walk, jog, and ride bicycles on their
qUlet streets, using the streets 1n much the same way as parks,
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(t) without limitlng the foregoing, the City Council also
found that many property owners ln the R-l District have
dependents, such as elderly relatlves or physically or mentally
disabled adult children, who rely on the property owner for care.
Second unlts provlde an opportunlty for llmited independent living
for such dependents in close proximlty to the property owner'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
convenlent residence for such caregivers. In some circumstances,
substantial hardshlP may result to property owners who are unable
to have second unlts on thelr property for the purposes described
above,
(u) Allowing second units ln the R-l distrlct 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 requlrements of thlS Ordinance, should not result in
an undue concentration of second units, and strikes an appropriate
balance between the competlng needs ldentified above.
(v) In light of the above-mentloned concerns, on November 26,
1996, the City Council adopted Interlm Ordinance Number 1869 (CCS)
WhlCh extended Interlm Ordlnance Number 1866 (CCS) for elghteen
(18) months and wlll expire on June 26, 1998.
(w) The Clty Councll also finds and declares that lt has been
Clty POllCY to allow second units ln the multi-famlly residential
district, and permlttlng such units effectuates the Clty'S and the
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state's policy of encourag1ng the development of affordable
houslug.
(x) Newly constructed second un1ts w111 probably not be
affordable. The City's Rent Control Charter Amendment w1ll not
restr1ct rents for these un1ts Slnce they would be exempt as new
construction. These units would also not be subject to the C1ty'S
Inclusionary Hous1ng requirements. In addition, data provided by
the Santa Mon1ca Rent Control Board tracking the rent levels of
units decontrolled as a result of Costa Hawkins demonstrates that
these decontrolled un1ts are losing the1r affordab1lity Data
obtained 1U preparing the City r s Houslng Element Update also
demonstrates that prevaillng market rents for new mult1-family
construction are not affordable. Moreover, market rents 1n Santa
Monica are continu1ng to 1ncrease as land values increase. While
second un1ts are d1fferent 1n kind from traditional rental units,
second units would not be immune from these market conditions.
G1ven this data, there is no reason to conclude that newly
constructed second unlts would be offered at affordable rents.
(y) The purpose of this ord1nance 1S to conform with the
requirements of state law relating to second units in areas zoned
for slngle-fam1ly and mult1-fam1ly residences; to clarify the
allowance of second units 1n some areas of the City, while
protecting the character of the single famlly residential
districts; and to provide reasonable des1gn and development
standards and procedures to foster and protect the publ1C health,
safety, welfare and aesthetic lnterests of the City. The C1ty
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Councll is mindful of the possibllity that this ordinance may limit
houslng opportunities in the region over time However, in view of
the many City laws, pollcies and programs whlch have successfully
fostered affordable housing opportunlties ln the City, and In view
of the extent and success of those efforts relatlve to efforts made
by other citles in the region, any lmpact of this ordinance upon
reglonal houslng needs will likely be negligible.
(z) Pursuant to the City's Zonlng Ordinance, further formal
actlon is needed by both the Planning Commission and the City
Council to effectuate an amendment to the Zoning Ordinance to
regulate second unlts In accordance wlth the provislons of this
Ordinance. Should the City not adopt this ordinance, development
incompatible wlth the provislons of thls Ordinance wlll occur,
WhlCh would adversely affect the health, safety and welfare of the
Clty and its citlzens, as described above.
(aa) For these reasons, pursuant to Santa Monica Municipal
Code Section 9.04.20.16.060, the City Council finds that another
interim ordlnance is necessary because there exists a current and
immedlate threat to the publlc health, safety, or welfare, and
approval of development incompatible with the standards of this
interlm ordinance would result ln a threat to public health,
safety, or welfare. Thls Ordinance extends the provislons of
Ordinance 1866 (CCS) and Ordlnance 1869 (CCS), as modified, up to
and including June 28, 1999 to allow adequate time for formal
Zonlng Ordinance amendments to be processed and adopted, makes
minor wording changes to this SectloD to more accurately reflect
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the Council's action and supplements th~s Section to reflect
developments s~nce Ordinance 1869 (CCS) was drafted.
SECTION 2.
Deflnitions.
As used in thlS Ordinance, these
words have the followlng deflnitions:
(a) "Second unlt" means an attached or detached residential
dwelling unlt which provides complete independent livlng facilltles
for one or more persons and which is located or established on the
same lot on which a single family residence 1S located. A second
un1t shall contain permanent provis1ons for Ilving, sleeping,
eating, cooking and sanitation. "Second unlt" shall also include
an efficiency unit, as def1ned in Section 17958.1 of the Health and
Safety Code, and a manufactured home, as defined 1n Section 18007
of the Health and Safety Code.
(b) "Existing second unit" means a second un1t which was
developed prior to the effect:Lve date of this Ord1nance. An
existing second unit shall be considered as either "legal non-
conforming," if ~t conformed to the standards exist~ng at the time
1t was developed, or as "non-permitted," if lt was developed in a
manner inconsistent with the appl1cable standards 1n 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 un1ts. Existing legal non-conform1ng second
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units may remaln, subject to the provisions of Subchapter 9 04.18
of the Zoning Ordinance,
SECTION 4 Permitted Distrlcts. Notwlthstanding any
provisions of the Munic1pal Code to the contrary, second units
shall be permitted 1n all multi-fam1ly residential zoning distr1cts
subject to the requirements of Sect10n 5 below, Second units shall
be permitted in the R-l and OP-1 zoning distrlcts as speclfied in
Section 6 below.
SECTION 5 $E;!cond Unlts in the {Vlulti-famlly Residentlal
Zonlna Distrlcts. ThlS Ordinance clarlfles existing Clty practice
wlth respect to second unlts in the multi-famlly zoning districts.
Notwlthstandlng anythlng in the Municipal Code to the contrary,
second unlts shall be allowed ln the followlng multl-family
resldential zoning dlstricts according to the followlng standards:
(a) R2R An attached second unlt, and a detached second unit
when located on a parcel containlng one slngle family home, shall
be considered a "duplex," and shall be permitted in all
Clrcumstances in which development of a duplex would be permltted,
subject to compllance with the property development standards of
the distrlct.
(b) R2, R3, R4,
second unit shall be
permitted, subJect to
RVC, OP-Duplex, OP-2, OP-4, and R3R. A
consldered a "multi-famlly" use, and be
compllance Wl th the underlying property
12
development standards of the distrlct in which the property is
located.
(c) R2B, Development of a second unlt shall be considered a
permltted use, subject to compliance wlth the property development
standards of the district.
(d) Parking requirements. Parking requlrements for second
unlts in multi-famlly zonlng distrlcts shall be the same as parking
requlrements for other multlfamily dwelling units under the Zoning
Ordinance. Pursuant to Government Code Sectlon 65852.2(e), the
City Councll finds that tandem parklng for lots greater than 30
feet in wldth, and parking in the front one half of the parcel, are
not otherwise permitted for resldential uses anywhere else in the
jurlsdiction.
SECTION 6. Second Unlts in the R-1 and OP-1. A Use Permit
may be granted for a second unit ln the R-1 and OP-1 zonlng
dlstricts if the unit lS intended and used solely for occupancy by
a dependent of the resident property owner, or a care glver of
elther the property owner or a dependent of the property owner, and
if the owner demonstrates that substantlal hardshlp to the owner
and the occupant(s) will result from denial of the permit. Such
units must also comply with the following,
(a) Use Permit recruired. A Use Permit shall be required for
any second unlt. The Use Permlt shall be processed in accordance
wlth the provislons of Part 9.04.20.11 of the Zonlng Ordinance. No
Use Permit shall be granted unless the second unit complies with
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the provlsions of this ordinance, and unless the findlngs required
by Part 9 04.20.11 are made.
A Use Permlt application shall be
subject to the standard fee for Use Permlts as set by resolution of
the C~ty Council.
(b) Occupancy and sale llmitatlons. The owner of record of
the parcel shall reside on the parcel on which the second unit is
located, ln either the main dwelling unit or the second unit. A
second unit may be occup~ed as a resident~al dwelling unit, and the
Use Permit shall be valid only if and for so long as this
condition, and the hardsh~p requlrements described ln subsection
(a) are satlsfied. The second unit is not lntended for, and shall
not be offered for, sale separately from the maln dwelling unit,
(c)
Lot Slze
Second unlts may be developed on any legal
parcel of 5000 square feet or more in the R-1 and OP-l Districts.
Second units may not be developed on parcels less than 5000 square
feet in area.
(d) Depsity, Second units may be developed on parcels which
contain no more than one ex~sting single-family res~dence,
(e) MaXlmum and M~nimurn Unit Size. Second units may contain
a maXlmum 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 llmitatlon of the R-1 or
Districts as applicable
OP-l
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(g) Parklno reaulrements. For second unl ts, one parking
space per bedroom shall be required, with a mlnimum of one space
per second unit. Tandem parklng shall not be permitted unless the
parcel upon which the second unit is located lS less than 30 feet
ln width. Parking shall not be located ln the front one half of
the parcel. Pursuant to Government Code Beetlon 65852 2(e), the
Clty Council flnds that tandem parklng for lots greater than 30
feet in wldth, and parking in the front one half of the parcel, are
not otherWlse permltted for residentlal uses anywhere else in the
jurlsdictlon.
(h) Second units attached to the maln dwellino, Except as
otherwise provided above, the second unit shall comply with all the
property development standards for the main dwelllng.
(i) Detached second unlts. In addltlon to the requlrements
set forth above, detached second UUlts shall comply with the
following:
(1) One story detached second UUlt in a building which
18 fourteen feet or less in helght The entire building ln which
such second unlt is located shall comply with the requirements
appllcable to accessory structures set forth ln Zoning Ordinance
Section 9.04,10.02.100, 8ubsectlons (a), (b), {c}, (dl, and (e) and
with the requirements for accessory livlng quarters set forth in
Zoning Ordinance Sectlon 9.04 l2.080, subsectlons (c), (d), and (g).
(2) Detached second unlt ln a bUlldlng which 18 over one
story or exceeds fourteen feet in helght: The entire bUllding in
WhlCh such second unit 18 located shall comply wlth the
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requirements applicable to accessory structures set forth in Zoning
Ordinance Section 9 04.14.110, subsections (a), (c), (d), (e), and
(g) .
(j) Desion standards.
(1) The exterior design of the second unit shall be
substantially compat~ble w~th that of the main dwelling in terms of
building
forms,
materials,
colors,
exterior
finishes
and
landscap~ng.
The parcel shall reta~n a s~ngle-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 dwell~ng un~t on the parcel by s~ze, location and appearance.
(3) The entrance to the second un~t 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 eXlstlno structures.
(1) Garaoe conversions. The creatlon of a second unit
through conversion of all or a portion of a garage shall be
proh~b~ted unless at least two parking spaces In a garage are
provided for the maln dwelllng, ~n add~tlon to the parking required
by this Ordinance for the second unlt, and all other provisions of
this Ordlnance are met.
(2) Guest auarters and non-garage accessory buildlng
conversions The creation of a second unit through COTIVerS10n of
all or a portion of a guest quarters or non-garage accessory
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SECTION 8. Fees for second units. For purposes of
determinlng fees and other requlrernents, a second unit shall be
considered an addltional UDlt on the parcel, and fees shall be
determined ln accordance wlth Government Code Section 66000.
SECTION 9. Comollance wlth this Ordinance by existing non-
oeTmltted second units. All eXlstlng non-permltted second units
must comply with the provis~ons of this Ordlnance.
SECTION 10. Any provlsion of the lnterlrn ordinances, the
Santa Monica Municlpal Code, or appendices thereto lnconsistent
with the provislons of this Ord1nance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to
that extent necessary to affect the provlsions of this Ordinance.
SECTION 11. If any sectlon, subsectlon, sentence, clause, or
phrase of this Ordlnance 1S for any reason held to be invalld or
unconst1 tutlonal by a decis10n of any court of any competent
]urlsdlctlon, such declsion shall not affect the valldity of the
rema1n1ng portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordlnance, and each and
every section, subsectlon, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordlnance would be subsequently declared invalld or
unconstitutional.
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SECTION 12. This Ordlnance shall be of no further force or
effect after June 28, 1999, unless extended in the manner requlred
by law.
SECTION 13.
Thls Ordinance ~s declared to be a measure
adopted pursuant to the provislons of Section 9.04.20.16,060 of the
Zoning Ord~nance.
It ~s necessary for preserv~ng the public
health, safety, or welfare, and the reasons for its adoption are
set forth in the Findlngs and Purpose section of this Ordlnance.
SECTION 14. This Ordlnance shall be applicable to any actions
concerning second unlts, including any application for a second
unit filed on or after November 29, 1996
SECTION 15.
The Mayor shall sign and the Clty Clerk shall
attest to the passage of this Ordlnance.
The City Clerk shall
cause the same to be published once ~n the officlal newspaper
within 30 days after its adoption.
This Ordinance shall become
effectlve 30 days from lts adopt~on.
APPROVED AS TO FORM:
j1uu~~~~~
MARSHA JO&B:S/ MOUTRIE
City Attorney
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