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sr-051110-7b~® ~;tYO, City Council Report Santa Monica City Council Meeting: May 11, 2010 Agenda Item: ~" _g To: Mayor and-City Council From: Eileen P. Fogarty, Director of Planning and Community Development Subject: General Plan Amendments (09GPA001, 09GPA002, and 10GPA001) modifying the General Plan Land Use Map and the Land Use Element related to height limits in the Industrial Conservation district and Zoning -- Text Amendments (09TA004 and 09TA005) modifying the height limits for certain buildings in the Industrial Conservation (M1) and Light Manufacturing and Studio District (LMSD) zones Recommended Action Staff recommends the City Council: 1. Adopt resolutions amending the General Plan Land Use Map for the- SCD and City transfer station sites. 2. Adopt a resolution amending the General Plan Land Use Element. 3. Introduce for first reading an ordinance amending Santa Monica Municipal Code (SMMC) Sections 9.04.08.34.060 and 9.04.08.35.050 modifying the height limits for certain buildings in the M1 and LMSD zoning districts. Executive Summary The City recently entered into apublic/private partnership with Southern California Disposal (SCD) and Allan Company to improve the City's solid waste operations. The collective efforts of this partnership resulted in the proposal for a comprehensive site plan for the City Resource Recovery Center that includes the existing City Transfer Station at 2500 Michigan Avenue and the SCD Transfer Station at 1908 Frank Street. The proposed Resource Recovery Center design includes enclosing facilities currently operated without any cover, improving dust control, providing sound and landscape buffers between the facility and the Mountain View Mobile Home Park and Stewart Park, enhancing vehicle circulation, creating a more efficient facility without increasing the total tonnage entering the area, and improving the overall aesthetics to the area. The proposed improvements at the existing Resource Recovery Center require an amendment to the General Plan Land Use Map from its current Special Office District. designation to an Industrial Conservation district designation, an amendment to the Land Use Element to modify the maximum building height in the Industrial Conservation District for certain projects, and amendments to the Zoning Ordinance to modify the 1 existing height limits in the respective zoning districts to accommodate the necessary improvements. On April 21, 2010, the Planning Commission reviewed and recommended adoption of the proposed General Plan Land Use Map amendment, the Land Use Element text amendment, and the Zoning Ordinance text amendments. The Planning Commission also adopted the Final Mitigated Negative Declaration for the project. In addition, the Planning Commission approved a parking variance for the SCD Transfer Station addition and continued the Development Review permit application for the City Transfer Station improvements. Background Over the past three years, the City has engaged in a multi-year review of the City's solid waste operations. One of the results of this review was the issuance of a Request for Proposals (RFP) to provide transfer and recycling services. On October 30, 2007, Council reviewed the results of an extensive RFP process to provide transfer and recycling services for municipal solid waste. On May 22, 2008, Council approved a public/private partnership with Southern California Disposal (SCD) to provide transfer services and Allan Company to provide recycling services. The City has been working with SCD, Allan Company, and design consultant J.R. Miller to create a comprehensive site plan for the Resource Recovery Center, including the existing City Transfer Station at 2500 Michigan Avenue and the SCD Transfer Station at 1908 Frank Street, that will meet the needs of all the public/private partners. The proposed improvements would not increase the amount of solid waste transferred at the facility or increase the number of employees required to operate the transfer station. The. proposed project will maintain the existing industrial use on site and allow the facility to achieve a higher diversion rate due to increased sorting areas and a more efficient storage system. The diversion of recyclable materials from the waste stream contributes to a more sustainable City, and the amount of solid waste being delivered to local landfills from the City can be reduced. The improvements at the City Transfer Station include approximately 57,000 square feet of new enclosed and semi-enclosed space for materials recovery and processing, 2 recycling drop off and buy back, self-haul receipt, and household hazardous waste storage. The improvements at the SCD transfer station include an approximately 4,848 square foot addition to the existing transfer station facility. Discussion The City Transfer Station and SCD Transfer Station are currently located within the Special Office District under the General Plan Land Use Map which was last updated in 1984, and this designation is not consistent with the existing industrial use and zoning of the subject properties. A correction and amendment to the Land Use Plan Map, 3 Proposed City Resource Recovery Center Site Plan and Perspective modifying the current Special Office District designation to an Industrial Conservation designation, is necessary in order to provide consistency between the proposed project and the objectives and policies of the General Plan. If the proposed modification to the Land Use Map were to be approved, an amendment to the Industrial Conservation section of the Land Use Element would be necessary to allow several of the proposed buildings to exceed the current 30-foot height limit defined by this district. In addition, amendments to the Zoning Ordinance would also be necessary in the Industrial Conservation (M1) and Light Manufacturing and Studio District (LMSD) to allow for the subject buildings to exceed the current 30-foot height limit defined by these zoning districts. General Plan Land Use Map Amendment The Land Use Map designation of Special Office District is not consistent with existing industrial use and zoning of the subject property. The objective of the Special Office District is to provide opportunities for office and advance technology uses. The existing industrial uses at the City Transfer Station and SCD Transfer Station have been in continuous operation since 1961 and 1970 respectively, and the proposed improvements to the existing facilities are required to be consistent with the General Plan. A correction and amendment to the Land Use Plan Map, modifying the current Special Office District designation to an Industrial Conservation designation, is necessary in order to provide consistency between the proposed project and the objectives and policies of the General Plan. The objective of the Industrial Conservation area is to preserve existing and accommodate future industrial uses. Existing Land Use Map Designation It should be noted that the update to the Land Use and Circulation Element (LUCE) currently in progress proposes the subject properties to be designated in the Industrial Conservation district. The proposed map amendment in the subject application would be consistent with this anticipated LUCE designation. Resolutions recommending the City Council amend the General Plan Land Use Map are contained in Attachments A and B. General Plan Text Amendment If the proposed modification to the General Plan Land Use Map were to be approved, then an amendment to the Industrial Conservation section of the Land Use Element would also be necessary. Specifically, Land Use Element Policy 1.9.1 of the Industrial Conservation district currently limits the height of buildings to 30 feet with artist studios allowed a maximum height of 45 feet. As the Self Haul Facility and Material Recovery Facility are proposed at heights of almost 45 feet and the SCD addition proposed at 35 feet, an amendment to the General Plan in the form of an additional Industrial Conservation District policy is required. As structures such as solid waste facilities and material recover facilities require additional height and volume to accommodate certain vehicles and equipment, the proposed amendment would provide for the additional height. The text amendment to the General Plan Land Use Element is proposed as follows 1.9.5 Retain existing solid waste transfer stations, material recovery facilities, and public utility service centers. and allow improvements to such existing facilities up to a maximum height of two stories and forty-five feet. A Resolution recommending the City Council amend the General Plan is contained in Attachment C. 5 Zoning Ordinance Text Amendments The City Transfer Station portion of the Resource Recovery Center is located within the M1 zoning district while the SCD Transfer Station portion is located in the LMSD zoning district. The Zoning Ordinance currently limits the height of buildings in the M1 zone to 30 feet with exceptions for certain artist studios and school-related recreational facilities to reach 45 feet in height. The height of buildings in the LMSD zone is limited to 30 feet with exceptions for certain schools and entertainment-related facilities that are allowed to reach 45 feet in height. Amendments to Santa Monica Municipal Code (SMMC) Sections 9.04.08.34.060 and 9.04.08.35.050 are required to allow the proposed Self Haul Facility and Materials Recovery Facility to reach a height of up to 45 feet in the M1 zone and the proposed SCD addition to reach a height of up to 35 feet in the LMSD zone. As structures such as solid waste facilities and material recovery facilities require additional height and volume to accommodate certain vehicles and equipment, the proposed text amendments would provide for the additional height. The amendment would also exempt such structures from having to provide additional building volume setbacks above 30 feet in height as required by SMMC Section 9.04.10.02.040 as such setbacks would limit the open air volume within these structures necessary to perform their intended functions. The text amendment to SMMC Section 9.04.08.34.060 for the M1 zone is proposed as follows 9.04.08.34.060 Property development standards. All property in the M1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet or with approval of a development review permit for one hundred percent affordable artist studios only, three stories and forty-five feet: For recreational facilities associated with public or private primary or secondary schools, two stories and forty-five feet. Existing solid waste transfer stations. material recovery facilities, and public utility service centers, or their improvement thereto, two stories and forty-five feet. These existing public utility service centers, solid waste transfer stations, and material recovery facilities, or their improvement thereto, shall be exempt from the building volume envelope requirements set forth in Section 6 9.04.10.02.040. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in this Section. 'The underlined text represents language that has been modified from the Zoning Ordinance. The text amendment to SMMC Section 9.04.08.35.050 for the LMSD zone is proposed as follows: 9.04.08.35.050 Property development standards. All property in the Light Manufacturing and Studio District shall be developed in accordance with the following standards: (a) Maximum Building Height. The maximum building height shall be two stories, not to exceed thirty feet, except; j~ tThe following projects may have a maximum height of four stories, forty-five feet: Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; j~ Entertainment-related facilities including sound stages, movie studios, editing facilities, post-production facilities, set construction facilities and special effects facilities; Theaters. (2) Existing solid waste transfer stations, material recovery facilities, and public utility service centers, or their improvement thereto, may have a maximum height of two stories, 35 feet. Such existing structures, or their improvement thereto, shall be exempt from the building volume envelope requirements set forth in Section 9.04.10.02.040. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the district. * The underlined text represents language that has been modified from the Zoning Ordinance. An ordinance amending SMMC Sections 9.04.08.34.060 and 9.04.08.35.050 is contained in Attachment D. 7 Commission Action On April 21,.2010, the Planning Commission reviewed and recommended adoption of the proposed General Plan Land Use Map amendment, the Land Use Element amendment, and the Zoning Ordinance text amendments. In its review of the Land Use Map amendment, the Planning Commission recommended reducing the scope of the map amendment to encompass only the area occupied by the proposed City and SCD Transfer Station improvements. The recommendation is reflected in the proposed map amendment. The Planning Commission also adopted the Final Mitigated Negative Declaration for the project. In addition, the Planning Commission approved a parking variance for the SCD Transfer Station addition and continued the Development Review permit application for the City Transfer Station improvements in order to provide the applicant an opportunity to further develop a Transportation Demand Management (TDM) program, improve circulation within the Buy Back Center and Household Hazardous waste area, reduce the hardscape area, and explore an opportunity to provide a compost handout area. Alternatives As an alternative to the recommended actions, the Council may choose to adopt the proposed Land Use Map amendments, Land Use Element amendment, and Zoning Ordinance text amendments with revisions to any or all of its provisions. The Council may also choose not to adopt the subject amendments. In this case, the Land Use designations and zoning standards for the subject sites will remain the same, and the plans for the proposed Resource Recovery Center will need to be revised to meet existing General Plan and Zoning Ordinance standards. Environmental Analysis An Initial Study/Mitigated Negative Declaration was prepared pursuant to the requirements of CEQA to determine whether any significant impacts on the environment would result from the construction of the Resource Recovery Center in the subject location and at the subject heights. The Initial Study/Mitigated Negative Declaration was 8 prepared and circulated for public. review on March 1, 2010 with the public review comment period ending on March 31, 2010. The final Mitigated Negative Declaration (MND) concluded that there will be no significant impacts upon the environment with incorporation of mitigation measures in the areas of aesthetics, construction effects, cultural resource, hazards and hazardous materials, and noise. The Planning Commission adopted the final MND on April 21, 2010. None of the conditions described in CEQA Guidelines Section 15162 and 15163 have occurred which would necessitate additional environmental review. More specifically, there are no substantial changes proposed to the project, no substantial changes to the circumstances under which the project would be undertaken, no new information of substantial importance, and no new significant environmental effects or a substantial increase in the severity of previously identified significant effects in conjunction with the project. Accordingly,. no additional or new environmental analysis is required for the subject applications. The Final MND is contained in Attachment E. Public Outreach Two community meetings were held regarding the proposed Resource Recovery Center project on October 15, 2009 and March 29, 2010. Members of the public attended both meetings to learn about various aspects of the project and provide input. In addition, notice of the proposed amendments and ordinance language and the Planning Commission and Council hearings was published in the Santa Monica Daily Press a minimum of 10 days prior to the hearings. Financial Impacts & Budget Actions There are no financial impacts to the City or required budget actions by the Council associated with the proposed resolutions and ordinance. A preliminary budget of $23.7 million was prepared by the design consultant in November 2009, based on conceptual sketches, square-foot costs, and historical data. This estimate included a 25% design contingency, as the specific components of the project had not yet been determined. As 9 the construction documents progress, actual costs can be more accurately determined and engineering cost savings will be implemented when feasible. Improvements to the Resource Recovery Center will ultimately be financed through Solid Waste user fees. Prepared by: Tony Kim, Senior Planner Approved: Director, lamm~ and Development De m Forwarded to Council: ~? Rod Gould City Manager Attachments: A. Resolution Amending the General Plan Land Use Map for the SCD Transfer Station Site B. Resolution Amending the General Plan Land Use Map for the City Transfer Station Site C. Resolution Amending the Text of the General Plan D. Ordinance Amending Santa Monica Municipal Code (SMMC) Sections 9.04.08.34.060 and 9.04.08.35.050 E. Final Mitigated Negative Declaration for the Resource Recovery Center 10 ATTAC1iMENT D Ordinance Amending Santa Monica Municipal Code (SMMC) Sections 9.04.08.34.060 and 9.04.08.35.050 14 f:\atty\muni\laws\barry\SCD-City Text Amendment City Council 5-11-10 City Council Meeting 5-11-10 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.35.050 AND 9.04.08.34.060 TO MODIFY THE ALLOWABLE HEIGHT FOR EXISTING SOLID WASTE TRANSFER STATIONS, MATERIAL RECOVERY FACILITIES, AND PUBLIC UTILITIES SERVICE CENTERS, OR THEIR IMPROVEMENT THERETO, IN THE M1 AND LMSD ZONING DISTRICTS AND TO EXEMPT THESE FACILITIES, OR THEIR IMPROVEMENT THERETO, FROM THE BUILDING VOLUME ENVELOPE REQUIREMENTS OF SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.040. WHEREAS, the Zoning Ordinance currently limits the height of buildings in the M1 zone to 30 feet with exceptions for certain artist studios and school-related recreational facilities to reach 45 feet in height; and WHEREAS, the Zoning Ordinance currently limits the height of buildings in the LMSD zone to 30 feet with exceptions for certain schools and entertainment-related facilities to reach 45 feet in height; and WHEREAS, on October 13, 2009, the City filed an application for a text amendment to allow the proposed .Self Haul Facility and Materials Recovery Facility to reach a height of up to 45 feet in the M1 zone; and WHEREAS, on October 5, 2009, Southern California Disposal ("SCD") filed an application for a text amendment to allow the proposed SCD addition to reach a height of up to 35 feet in the LMSD zone; and 1 WHEREAS, the proposed text amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that Land Use Element Objective 1.9 for the Industrial Conservation District seeks to "preserve existing and accommodate future industrial and manufacturing use, particularly to provide employment for the low-skill and entry-level segment of the Santa Monica workforce." The improvement and continued use of the City Transfer Station and the expansion and continued use of the SCD transfer station will ensure the preservation of the existing industrial uses at these locations and employment for the current workforce; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendments, in that the proposed amendments will allow for the improvement of the existing City Transfer Station facility and enclose the various operations that are currently conducted outdoors in unenclosed areas and the expansion of the existing SCD transfer station building at its existing The additional building height will enable the facilities to accommodate certain trucks and equipment allowing .municipal solid waste and recyclable materials to be more efficiently processed. The diversion of recyclable materials from the waste stream contributes to creating a more sustainable City, and by providing an improved central location for the efficient transfer of construction and demolition debris, green waste, and food waste from both city collection trucks, private haulers, contractors, and residents, the amount of solid waste being delivered to local landfills from the City can be reduced. The City Transfer Station will also allow waste and debris at the site that was previously out in open air to be contained within confined and enclosed areas, limiting impacts 2 associated to noise and odors among others. The SCD transfer station addition will also continue to allow waste and debris at the site to be contained within a confined and enclosed area; and WHEREAS, on April 21, 2010, the Planning Commission reviewed and recommended the proposed text amendments, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended to read as follows: 9.04.08.35.050 Property development standards. All property in the. Light Manufacturing and Studio District shall be developed in accordance with the following standards: (a) Maximum Building Height. The maximum building height shall be two stories, not to exceed thirty feet, except_ tThe following projects may have a maximum height of four stories, forty-five feet: 3 {a-}~A Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; {~}~ Entertainment-related facilities including sound stages, movie studios, editing facilities, post- production facilities, set construction facilities and special effects facilities; (-8}~ Theaters. (2} Existing solid waste transfer stations, material recovery facilities and public utility service centers, or their improvement thereta may have a maximum height of two stories 35 feet. Such existing structures or their improvement thereto shah be exempt from the building volume envelope requirements set forth in Section 9.04.10.02.040. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the district. 4 (b) Maximum Floor Area Ratio. Maximum floor area ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: (1) Projects involving the. expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) With approval of a development review permit, .projects including artist studios, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. (c) Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet, each lot shall contain a minimum depth of one hundred fifty feet and a minimum. width of one hundred feet, except that lots existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. All landscaping shall be in accordance with the provisions of Part 9.04.10.04 of this Code. 5 (e) Rear Yard Setback. No rear yard setback shall be required except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories "lot width) 50' shall be required. The required rear yard may be used for parking or loading to within five feet of the rear parcel line, provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access shall be permitted to cross perpendicularly the required rear yard, provided the driveway does not exceed the minimum width permitted for the parkirig area. A required rear yard shall not be used for commercial purposes; (2) Such rear yard setback as is necessary to accommodate. landscaping and screening for a rear yard 6 buffer required pursuant to the provisions of Part 9.04.10.04 of this Code. (f) Side Yard Setback. No side yard setback shall be required except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories "lot width) 50' shall be required. The interior side yard may be used for parking or loading no closer than five feet to the interior side property line, provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes; (2) Such side yard setback as is needed to accommodate landscaping required for astreet-side yard, 7 landscape buffer and screening pursuant to the provisions of Part 9.04.10.04 of this Code. (3) For portions of buildings that contain windows, doors, or other openings into the interior of the building, a ten-foot setback from an interior property line shall be required. An interior side yard setback of less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Building Stepback. Building stepbacks shall be provided pursuant to the requirements of Section 9.04.10.02.040. unless the Architectural Review Board finds that modification or elimination of this requirement will not be detrimental to the property, adjoining properties, or the general area in which the property is located and the objectives of the stepback requirement are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable to other relevant standards. (h) Olympic Boulevard Setback. Buildings shall be setback a minimum of twenty feet from Olympic Boulevard. 8 (i) Development Review. Except for projects listed in Section 9.04.10.14.050, adevelopment review permit is required for any development of more than seven thousand five hundred square feet of floor area, for any development with rooftop.parking, and for projects which include artist studios with a 1.5 floor area ratio, provided the additional 0.5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 2. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended to read as follows: 9.04.08.34.060 Property development standards. All property in the M1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet or with approval of a development review permit for one hundred percent affordable artist studios only, three stories and forty-five feet. For recreational facilities associated with public or private primary or secondary schools, two stories and forty-five feet. Existing solid waste 9 transfer stations, material recovery facilities, and public utility service centers, or their improvement thereto two stories and forty-five feet. These existing public utility service centers solid waste transfer stations and material recovery facilities or their improvement thereto shall be exempt from the building volume envelope requirements set forth in Section 9.04.10.02.040. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of one hundred percent affordable artist studios with approval of a development review permit. (c) Minimum Lot Size. Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that parcels existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. 10 (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories "lot width) 50' The required rear yard maybe used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. 11 (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories "lot width) 50' The interior side yard may be used for parking or loading no closer than five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. 12 (g) Development Review. Except for projects listed in Section 9.04.10.14.050, adevelopment review permit is required for development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent calculating whether a development review permit is required. SECTION 3. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. 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 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. The Director of Planning and Community Development shall 13 certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: MA SHA JO S MOOT IE City orney 14 ATTACHMENT E Final Mitigated Negative Declaration for the Resource Recovery Center 15 Reference Resolution Nos. 10472 (CCS), 10473 (CCS), 10474 (CCS). Additional attachments available in the City Clerk's Office for review.