SR-120484-8A (2)
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CA:RKM:JSH:jhintor7
CIty CouncIl Meeting 12-4-84
Santa Monica, CalIfornIa
i-A
STAFF REPORT
Dte 0 4 1984
TO: Mayor and Clty CouncIl
FROM: City Attorney
SUBJECT: Ordinance ImplementIng an Interim Development
Permit Procedure Pending Revlsions to the
Zoning Ordinance to Comply WIth the General Plan
In conJunctIon with the adoptIon of the Land Use and
CIrculation Elements of the General Plan on October 23, 1984,
the City Council dIrected the City Attorney to prepare an
ordinance establishing InterIm development procedures pending
adoption of a revIsed zoning ordinance.
In response to this
direction, the accompanYing ordinance has been prepared and IS
presented for City Council consideration.
OrdInance Number 1251 (CCS) WhICh creates the eXIsting
development permIt process Will expIre by Its own terms 90
days from October 23, 1984, which IS when the City Council
adopted the revIsed Land Use and Circulation Elements of the
General Plan.
Accordingly, the Clty Council dlrected the
preparatIon of an ordInance establIshIng Interim development
procedures pendIng comprehensive reVISIons to the zoning
ordInance.
The followIng is a sectIon by sectIon analysIs of the
proposed ordinance:
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SectIon 1.
ThIS sectIon sets forth the fIndIngs and
purpose of the proposed ordInance.
Section 2. ThIS sectIon sets forth the classes of
development WhICh wIll be exempt from the proposed InterIm
permit process. These classes Include the followIng:
(a) Single dwellIngs provIded they do not exceed 30
feet in the R1 DIstrIct.
(b) MultIple
lImItatIons:
1. The DIrector of PlannIng determInes that the
development is consistent wIth the General Plan and the ZonIng
Ordinance. ThIS determInatIon will be done on an
dwellIngs
subJect
to the followIng
adminIstrative level.
2. FInal desIgn plans are revIewed by the ARB.
3. FInal parkIng lot plans are revIewed by the
ParkIng and TraffIc EngIneer.
4. Development complies wIth applicable bUIldIng
codes and energy conservatIon requIrements regardIng openable
WIndows.
5. A bUIldIng permIt shall be obtaIned WIthIn one
year from the day the DIrector of Planning determines that
such development may proceed pursuant to thIS subsectIon.
(e) Government aSSIsted housIng.
(d) Changes of use which conform to the General Plan
and ZonIng Ordinance. A development permIt shall be reqUIred
for any auto parts and repaIr shops, 24 hour uses, fast food
establIshments, entertainment uses, VIdeo arcades, restaurants
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with more than over 50 seats, or alcohol outlet whIch requires
a condItIonal use permIt pursuant to OrdInance Number 1319
fCCS).
(e) ModIfIcatIons
to
eXIstIng
non-resIdentIal
structures subject to the fOlloWIng limItatIons:
1. Floor area being added does not exceed 10,000
square feet. A development permit shall be reqUIred for a 10\
addition to any of the class of eXIsting uses WhICh are
enumerated In Section 3(d) above.
2. The development IS conSIstent WIth the General
Plan and ZonIng OrdInance
3. FInal deSIgn plans are reVIewed by the ARB.
4. FInal parking lot plans are reviewed by the
Pa~king and TraffIC EngIneer.
5. Compliance WIth applIcable bUIlding and energy
conservation codes regardIng openable WIndows
6. ComplIance WIth Ordinance Number 1242 (CCS)
regardIng street trees.
7. Street and alley lIghtIng shall be prOVIded per
speCifIcations of the General Services Department.
8. On-site parkIng shall be prOVIded WIthout cost
to bUIldIng employees when necessary to comply with the Land
.
Use and CIrculation Elements.
9. A securIty plan shall be approved by the Chief
of PolIce prIor to the Issuance of a CertIfIcate of Occupancy
when necessary to comply with the Land Use and Circulation
Elements
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10. Compllance wlth standard Planning Department
condltions
manner of
requIrements
regarding placement of nOlse-generatIng equlpment,
conductIng operatIons, complIance wIth legal
for the dlsabled, and a One year lImIt on the
rIght to exerCIse thIS class of exemption.
(f) New non-resIdentIal proJects prOVIded the net total
gross floor area does not exceed 15,000 square feet and the
project complIes wIth the condltlons set forth In subsection
(e) above.
(g) PrevIously proved conversIons, subdiVISIons WhICh
comply wIth the current HOUSIng Element, tenant partIcipatIng
conversions, proJects wIth currently valId bUildIng permIts,
projects approved pursuant to OrdInance Number 1251 (CCS),
development agreements, and other mIscellaneous mInor
proJects.
SectIon 3. No demolition permit, bUIldIng permit,
business lIcense or other permIt shall be Issued by any agency
of the City unless the proposed actiVIty complIes with thIS
proposed ordInance.
Sectlon 4 The development permIt procedure IS
substantially SImIlar to that set forth In OrdInance Number
1251 (CCS). The Director of Planning shall notIce a publiC
hearIng before the PlannIng CommissIon In accordance WIth
ZonIng OrdInance SectIon 9148. The deciSIon of the PlannIng
CommIssIon shall be In wrItIng and IS appealable to the CIty
Council The Planning Commission or City Council may attach
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conditions of approval to ensure that the proposed development
complies with the proposed ordinance.
In approving development, the Planning CommiSSion, or
CIty Council on appeal, shall make the follow1ng written
f1ndings:
(a) The development 15 cons1stent w1th the General
Plan, Zon1ng Ordinance and the f1nd1ngs and purpose of the
proposed ordinance.
(b) The locatIon, Slze and placement of the development
1S compatible with the surrounding neighborhood.
(c) The proposed development w1ll prov1de adequate
pedestr1an and automob1le facilities, includlng off-street
parlong.
(d) Publ1C and/or prIvate health and safety fac1lities
w1ll be adequate to prov1de for the proposed development.
(e) The proposed development m1t1gates adverse
environmental impacts 1dent1f1ed 1n environmental documents.
(f) New general and med1cal offlce development over
15,000 square feet, and any addItIon of over 10,000 square
feet to an eX1sting off1ce development, shall prov1de adequate
ProJect M1tIgation Measures to meet the goals of the Land Use
and Clrculatlon Elements or any subsequent Clty ordInance
which further 1mplements the Land Use and Clrculation
Elements.
Sect10n 5. Thls sect10n reqUires that all not1ces and
appl1cation fees shall comply w1th Ord1nance Number 1230
( CCS) .
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SectIons E.-8.
These sectIons are standard provisIons
for the adoptIon of a CIty ordInance.
The proposed ordInance has been revIewed for complIance
with the CalIfornIa EnvIronmental Quality Act (CEQA). The
proposed ordInance has been found to be wIthIn the General
Rule ExemptIon from CEQA because the proposed ordInance does
not change the standards for development currently In effect
In the CIty and It can be seen with reasonable certaInty that
the ImplementatIon of the proposed ordinance could not
possIbly have a sIgnIfIcant effect on the environment. In
addition,
the
City CouncIl has prevIously certified a
comprehenSIve EnvIronmental Impact Report In conJunctIon WIth
the adoptIon of the Land Use and CIrculatIon Elements.
ThIS
ErR exceeds the scope of potentIal development whIch can occur
pursuant to thIS ordInance.
RECOMMENDATION
It IS respectfully recommended that the CIty CouncIl
Introduce the attached ordInance for fIrst readIng.
PREPARED BY:
Robert M. Myers, CIty Attorney
Jonathan S. Horne, Deputy CIty Attorney
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CA:RMM:JSH:Jhintor4
C1ty Council Meeting 12-4-84
Santa Mon1ca, Cal1fornla
ORDINANCE NUMBER
(C1ty Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING INTERIM
DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION
OF GENERAL PLAN AMENDMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
F1ndlnas and PUroose.
The C1ty CouncIl
f1nds and declares:
(a) The Housing, Land Use and Clrculatlon Elements of
the General Plan of the City of Santa Monlca have recently
been substant1ally revIsed.
(b) The C1ty'S planning and zoning regulat10ns are
under comprehensIve reV1ew and reVlSIon 1n order to ensure
that such regulatIons are consIstent wIth the General Plan as
amended and consistent w1th the publIC peace, health, safety
and welfare.
(c) Pend1ng completIon of these revislons,
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1mportant that development be conSIstent with the General
Plan.
(d) The existing InterIm Development process adopted
pursuant to OrdInance Number 1251 (eCS) expires by 1ts own
terms 90 days from October 23, 1984, the date on Wh1Ch the
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CIty CouncIl adopted the revIsed Land Use and CIrculatIon
Elements of the General Plan.
SECTION
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Develooment Permitted.
The folloWing
development is permitted in the City of Santa MonIca without
a development permIt under SectIon 4:
(a) Sinole DwellIngs ~nd Accessory BUlldlnqs. In any
residentIal dIstrict, the erection, constructIon,
enlargement, remodelIng, repair, demolition, or moving of,
and excavatIon and gradIng for, any sIngle dwelling unit, or
any accessory bUIldIng, except for new construction exceeding
30 feet in height In the Rl DIstrIct.
(b) Multlole DwellIngs. In any resIdentIal dlstrlct~
the erectIon, constructIon, enlargement, remodelIng) repalr~
demolItIon, or moving of, and excavatIon and gradIng for, two
or more residentIal units, prOVIded the DIrector of PlannIng
determines that such development IS consIstent with the
General Plan and the Zoning Ordinance subject to the
follOWIng condItIons:
(1) Plans for fInal deSign and landscapIng shall
be subject to reVIew and approval by the ArchItectural ReView
Board.
(2) Final parkIng lot layout and speCIfIcatIons
shall be subject to the review and approval of the Pa~klng
and TraffIc EngIneer.
throughout
(3) Openable
the project,
windows shall be provided
In a manner conSistent With
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appl1cable
requ1rements.
(4) A bUilding permit shall be obtained within
from the date the Director of Planning determines
bUilding
code
and
energy
conservation
one
that
year
such
development
may
proceed pursuant to this
subsection.
(c) Government Assisted Houslna.
The erect10n or
construction of, and excavat10n and grading for, any multiple
dwelling intended for rental housing for persons of low or
moderate income or for senior citizens and which 1S financed
by any federal, state or C1ty housing ass1stance program or
owned by any non-prof1t organization, provided the D1rector
of Planning determines that such development IS In
conformance with the General Plan and the Zoning Ordinance.
(d) Changes of Use. Any change of use which the
Director of Planning determines IS In conformance with the
General Plan and Zoning Ordinance. A development permlt
pursuant to Section 4 shall be requ1red for any gas station,
auto repair shop, auto parts store, 24-hour market or other
24-hour use, fast food establishment, entertalnment use,
Video arcade, restaurant With more than 50 seats, or alcohol
outlet which requires a conditional use permit.
(e) Modlflcations to Non-R~sidentlal and Mixed Use
Projects. The relocation, enlargement, expansion,
alteration, repair, Improvement, and excavation and grading
fori any building or bUilding complex, prOVided the Director
of Planning determlnes that such development IS conslstent
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wIth the General Plan and ZonIng OrdInance subJect to the
followIng conditIons:
(1) The total gross floor area being added does
not exceed 10,000 square feet of additIonal gross floor area.
A development permIt under SectIon 4 shall be requIred for an
expansIon of more than 10% of the eXIstIng floor area of any
alcohol outlet, gas statIon, auto repaIr shop, auto parts
shop, 24-hour market or other 24-hour use, fast food
establishment, entertainment use, VIdeo arcade or restaurant
over 50 seats.
(2) Plans for fInal desIgn, landscapIng,
trash enclosures, and sIgnage shall be subject to
screening,
review and approval by the ArchItectural ReVIew Board. The
Architectural RevIew Board, In Its reVIew, shall pay
partIcular attentIon to the project's pedestrian orientatIon
and pedestrian amenItIes, scale and artIculatIon or desIgn
elements, exterIor colors, textures and materials, window
treatment, glaZIng and landscaping.
(3) FInal parkIng lot layout and specIfIcatIons
shall be subject to the reVIew and approval of the ParkIng
and TraffIc Engineer.
(4) Openable wIndows shall be provIded
throughout the proJect In a manner conSIstent with applIcable
bUIlding code and energy conservatIon reqUIrements.
(5) Street trees shall be retaIned, relocated or
provided as requIred by the CIty's Tree Code [Ordinance
Number 1242 (CCS)), and In conformIty wIth the speCIfIcatIons
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of the Department of RecreatIon and Parks and the Department
of General Services. No street tree shall be removed wIthout
the approval of the Department of RecreatIon and Parks.
(6) Street and/or alley lightIng shall be
provIded on publIC rIghts-of-way adJacent to the proJect In
conformity WIth the specIfIcatIons of the Department of
General Services.
(7) On-sIte parkIng shall be made avaIlable
WIthout cost to building employees when necessary to comply
WIth the Land Use and CIrculatIon Elements.
(8) A securIty plan shall be approved by the
Chief of PolIce prIor to the Issuance of a CertifIcate of
Occupancy when necessary to comply WIth the Land Use and
CirculatIon Elements.
(9) No nOIse
such eqUIpment shall be
reSIdential bUIldIngs.
generatIng compressors or other
placed adJacent to neIghboring
(10) The
operatIon
shall at all tImes be
conducted
In
a manner not detrImental to surrounding
propertIes or resIdents by reason of lIghts, nOIse,
activitIes, parkIng or other actIons.
(11) A bUIldIng permIt shall be obtaIned WIthIn
from the date the DIrector of PlannIng determInes
development may proceed pursuant to this
one
year
such
that
subsectIon
(12) The development shall comply WIth all legal
requIrements regardIng provisions for the dIsabled.
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(f) New Non-Res1dent1al and M1xed Use ProJects. The
erect1on, construct1on, demol1t1on or excavation and grad1ng
for any bUllding or bUlldlng complex, prov1ded the D1rector
of Plann1ng determines that such development is consistent
wlth the General Plan and Zon1ng Ordinance sUbJect to the
follow1ng condItIons:
(1) The total gross floor area does not exceed
15,000 square feet. A development permIt under Section 4, In
addition to any other entitlements for use requ1red by law,
shall be required for any gas statlon, auto repair shop, auto
parts store, 24-hour market or other 24-hour use, fast food
establIshment, entertalnment use, v1deo arcade, restaurant
wIth more than 50 seats, or alcohOl outlet WhICh reqUIres a
conditional use permIt.
(2) Plans for final des1gn, landscaplng}
screen1ng, trash enclosures, and signage shall be subJect to
review and approval by the Arch1tectural Review Board. The
Architectural Rev1ew Board, In 1ts revlew, shall pay
particular attention to the proJect's pedestrian orientation
and pedestr1an amen1t1es} scale and artlculatlon or deSign
elements, exter10r colors, textures and mater1als, wlndow
treatment, glaZing and landscaplng.
(3) Flnal parking lot layout and speclf1cations
shall be subject to the review and approval of the Parking
and Traffic Eng1neer.
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(4) Openable wIndows shall be provided
throughout the proJect In a manner consIstent WIth applIcable
building code and energy conservatIon requIrements.
(5) Street trees shall be retaIned, relocated or
provIded as requIred by the CIty'S Tree Code (OrdInance
Number 1242 (CCS)), and In conformIty wIth the specifIcatIons
of the Department of RecreatIon and Parks and the Department
of General SerVIces. No street tree shall be removed wIthout
the approval of the Department of RecreatIon and Parks.
(6) Street and/or alley lightIng shall be
provided on publIC rIghts-of-way adJacent
conformIty wIth the specIfIcatIons of
General SerVIces.
(7) On-SIte parkIng shall be made avaIlable
wIthout cost to bUIldIng employees when necessary to comply
wIth the Land Use and CIrculation Elements.
to the proJect In
the Department of
(8) A securIty plan shall be approved by the
Chief of PolIce prIor to the Issuance of a CertIficate of
Occupancy when necessary to comply with the Land Use and
CirculatIon Elements.
(9) No noise
such equIpment shall be
reSIdential bUIldIngs.
generatIng compressors or other
placed adJacent to neIghborIng
(10) The
operation
shall at all times be
conducted
propertIes
In
a manner not detrImental to surroundIng
or
residents
by reason of lIghts, nOIse,
activitIes, parkIng or other actIons.
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one
that
year
such
(11) A bUIldIng permIt shall be obtaIned within
from the date the Director of PlannIng determines
development may proceed pursuant to thIS
subsection.
(12) The development shall comply with all legal
reqUirements regardIng prOViSions for the disabled.
(g) Previouslv A~oroved Conv~rsions The converSion
to condomIniums or other form of subdivided ownership for any
multiple dwelling that has a final subdiviSion map approved
prior to October 1, 1981, and has received either a removal
permit or vested rlght determination from the Santa Monica
Rent Control Board.
(h) SubdiViSIons.
The
erection,
construction,
enlargement,
demolitIon, mOVIng, or conVerSIon of,
and
excavation and grading for, any reSidential building or
structure for which a tentative subdiVISIon map IS approved
subsequent to January 25, 1983, In conformity With the
HOUSing Element adopted on such date.
(i) Tenant PartIci~ating ConverSions. The converSion
of any reSidential bUIldIng pursuant to Article XX of the
City Charter.
(J) Project~ WIth Currently Valid BUilding Permits.
The erection, construction, enlargement, demolItion, moving,
converSion of and excavation and grading for, any building or
structure for WhICh a valid bUIldIng permIt IS In effect as
of the effective date of thIS ordInance.
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( k )
PrevIously
Approved Development PermIts
The
erection, construction, enlargement, demolItIon, moving,
converSIon of and excavatIon and grading for, any bUIldIng or
structure for which a valId development permIt IS In effect
pursuant to Ordinance Number 1251 (ees). A development
permIt which does not contaIn an express lImIt on the tIme
for exerCiSIng the permIt shall be deemed valId only if a
bUIldIng permit IS obtaIned WIthIn one year of the date of
adoption of this ordinance.
(1) Signs.
(m) PublIC Works ProJects of the CIty of Santa MonIca.
(n) Development Aareements. Development In accordance
WIth the terms and conditIons of a development agreement
approved by the CIty Council pursuant to Section 9800 et seq.
of the MunICIpal Code.
SECTION 3.
PermIts Authorized.
No demolitIon permIt,
bUIldIng permIt, bUSIness lIcense, or other permIt or
entitlement for use, including ArchItectural Review Board
approval, but exclUdIng final subdIVISIon map approval, shall
be Issued for any development unless such development IS
permitted pursuant to SectIon 2 of thIS ordinance or has been
Issued a development permIt pursuant to SectIon 4 of this
ordinance.
SECTION
4 .
Perm~t
Proc~dure.
The
erectIon,
constructIon, demolition, enlargement, expanSIon, relocation,
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alteration, repa1r, 1mprovement, change of use, or converSIon
of and excavat10n and gradlng for, any bUllding or structure
not permitted pursuant to Section 2 of this ord1nance shall
be approved, cond1tlonally approved or dlsapproved pursuant
to the followIng standards and procedures:
(a) Appllcation for a development
Sect10n shall be made, In wrltlng, WIth
permIt under thIS
the DIrector of
PlannIng. The DIrector of Planning shall reqUIre such
addItIonal coples, materIals or InformatIon as may be
necessary for proper evaluatlon. The Director of PlannIng
shall place the applIcation before the Plannlng CommIssion at
the earlIest practicable opportunIty The matter shall be
set for publIC hearIng In accordance With Mun1clpal Code
Section 9148.
(b) FollOWIng reVlew and evaluatIon, the PlannIng
CommlsSlon, or the C1ty Counc1l upon appeal or revlew, shall
approve, condlt1onally approve or dIsapprove the applIcatIon.
WrItten notIce of such deCIsion, IncludIng findIngs of fact
1n support of such deCISIon, shall be prOVIded to the
applIcant and approprIate CIty offlClals.
(c) In apprOVIng, condltlonally apprOVIng, or
d1sapprovIng of an appl1catlon, the Plannlng CommISSIon, or
CIty CounCIl upon appeal or review, shall make wrItten
find1ngs of fact that:
(1) The development is conSIstent with the
fIndIngs and purpose of thIS ordinance.
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(2) The physlcal locatlon, Slze and placement of
proposed structures on the site and the locatlon of proposed
uses in the proJect are compatlble with and relate
harmonlously to surrounding sltes and nelghborhoods.
(3) The existlng and/or proposed rights-of-way
and facilities for both pedestrlan and automoblle trafflc
wlll be adequate to accomodate the anticlpated results of the
proposed development Includlng off-street parklng facllltles
and access thereto.
(4) The eXlstlng and/or proposed publlC and/or
prIvate health and safety facil1tles (lnclud1ng but not
IlmIted to sanltary, sewers, storm draIns, fire protectlon
deVIces, protective servlces, and publlC utillties) wIll be
adequate to accommodate the ant1clpated results of the
proposed development.
(5) The proposed development 1S conslstent wlth
the General Plan of the Clty of Santa Monlca and the Zonlng
OrdInance.
(6) The proposed development mItlgates
significant adverse impacts Identlfled In an Inltial Study,
Negatlve Declaratlon or EnVIronmental Impact Report.
(7) For new general and medlcal office
development over 15,000 square feet, and any addItIon of over
10,000 square feet of offlce space, such development shall
provlde adequate ProJect Mltlgatlon Measures to meet the
goals of the Land Use and CirculatIon Elements of the General
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Plan or any subsequent CIty ordInance WhICh further
implements thIS program.
Cd) In makIng Its determInatIon, the PlannIng
CommISSIon, or the City CounCIl on appeal or review, may
attach such condItIons as It deems necessary to assure that
the crIter1a set forth In subdiVISIon (c) of the sectIon are
accomplIshed
(el The approval, condit1onal approval or d1sapproval
by the PlannIng CommissIon under this sect10n may be appealed
or reviewed 1n the manner set forth In MunICIpal Code Section
9148.
SECTION 5.
NotIce and AoolIcatIon Fees.
NotIce and
applIcatIon fees for the processIng of development permIts
shall be In accordance WIth OrdInance Number 1230 (eCS).
SECTION 6. Incons1stent Provis1ons. Any prOVISIon of
the MunICIpal Code or appendIces thereto InconSIstent WIth
the prov1sIons of thIS ordinance, to the extent of such
InconsIstenc1es and no further, IS hereby repealed or
modIfIed to that extent necessary to effect the proviSIons of
thIS ordinance.
SECTION 7. SeverabilIty. If any section, subsection,
sentence, clause, or phrase of thIS ordInance IS for any
reason held to be InvalId or unconstltut1onal by a deciSIon
of any court of competent JurIsdIction, such deCISIon shall
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not affect the valIdlty of the remalnlng portions of the
ordinance.
The City Council hereby declares that It would
have passed thIS ordlnance 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 8.
ExecutIon. 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.
The ordInance shall become effectlve 30 days from Its
adoptIon.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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