O26511
City Council Meeting: October 13, 2020 Santa Monica, California
ORDINANCE NUMBER 2651 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.55:
ARCHITECTURAL REVIEW TO INCREASE THE THRESHOLD FOR
ADMINISTRATIVE APPROVAL FOR DESIGN REVIEW, ESTABLISH PROCEDURES
FOR ADMINISTRATIVE APPROVAL, AND MAKE OTHER MINOR CHANGES,
ADDITIONS AND CORRECTIONS
WHEREAS, Santa Monica Municipal Code Chapter 9.55: Architectural Review
(the “Architectural Review Ordinance”) promotes the public health, safety, and general
welfare by establishing procedures and providing regulations deemed necessary to
preserve existing areas of natural beauty and cultural importance; and
WHEREAS, the Architectural Review Ordinance assures that buildings, structures,
or other developments are in good taste, good design, harmonious with surrounding
developments, and in general contribute to the preservation of Santa Monica’s reputation
as a place of beauty, spaciousness, and quality; prevents the development of structures
or uses that are not of acceptable exterior design or appearance, are of inferior quality,
or are likely to have a depreciating effect on the local environment or surrounding area
by reason of appearance or value; eliminates conditions, structures, or uses, which by
reason of their effect tend to degrade the health, safety, or general welfare of the
community; and provides a continuing source of programs and means of improving the
City’s overall appearance; and
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WHEREAS, the Architectural Review Ordinance establishes an Architectural
Review Board (“ARB”) and sets forth standards and procedures for the ARB to implement
the purposes the Architectural Review Ordinance; and
WHEREAS, Santa Monica Municipal Code Section 9.55.120 provides that the ARB
may, by resolution, authorize City staff to approve applications for building permits for
minor or insignificant development of property; and
WHEREAS, in accordance with authority established by Section 9.55.120, the
ARB adopted Resolution Number 95-001 (Architectural Review Board Series)
(“Resolution 95-001”), establishing guidelines for staff review and approval of building
design, colors and materials and landscape and irrigation plans; and
WHEREAS, since the adoption of Resolution 95-001, City staff has conducted
review of projects subject to administrative approval in accordance with procedures that
were established by practice but not formalized or incorporated into the municipal code;
and
WHEREAS, the narrow scope of administrative approval authority granted in
Resolution 95-001 has resulted in routine projects being sent to the ARB for approval,
which delays project approvals, places undue burden on staff time, and discourages
applicants from making minor improvements to property; and
WHEREAS, on September 25 and November 4, 2019, and February 18, 2020, the
ARB made recommendations to increase thresholds for administrative approvals to
streamline the design review process; and
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WHEREAS, the economic impacts of the COVID-19 pandemic have devastated
nearly all of the City’s revenue streams, including sales tax, transient occupancy tax,
parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council
directed staff to develop a plan to restructure City operations to meet the challenges
posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the
“Restructuring Plan”) to: merge the Planning and Community Development Department
and Building and Safety, City Planning, Economic Development, and Mobility divisions
into the Community Development Department, and merge the Community & Cultural
Services Department and the Housing Division into the Community Services Department;
and
WHEREAS, the Restructuring Plan included a proposal to reimagine the City’s
design review process, including a reduction in the projects that are reviewed by the ARB;
and
WHEREAS, on June 25, 2020, the City Council adopted the FY 2020-21 through
FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22
Proposed Biennial Capital Improvement Program (CIP) Budget, and approved City staff’s
recommendation regarding a restructured design review process; and
WHEREAS, to begin restructuring the design review process, the City desires to
increase the thresholds for administrative approval of projects that are limited in scope or
routine in nature; and
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WHEREAS, this increase in administrative approval authority will shorten review
timelines and reduce burdens for both staff and applicants while enabling the ARB to
focus on larger and more complex projects; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community
Plan, which sets forth a vision for the continued vitality of the Third Street Promenade as
a major public space framed by a mix of retail, restaurant and services that form unique
experiences enjoyable to both residents and visitors; and
WHEREAS, the success of the Third Street Promenade relies, in part, on the
human-scale environment created by the buildings with frontage along the Promenade,
representing the traditional height and scale of the early 20th century, some of which
retain their historic façades at ground level or on upper floors; and
WHEREAS, the Main Street Neighborhood Commercial District is a neighborhood
commercial street that is home to many boutiques, restaurants, and neighborhood-
serving businesses; and
WHEREAS, Main Street has both local and regional appeal, providing an eclectic
mix of activities that is unique to Southern California; and
WHEREAS, the Main Street Neighborhood Commercial District is intended to
maintain and enhance Main Street’s small-scale neighborhood shopping district with a
scale and character of development that is pedestrian-oriented and which tends to attract
and promote a walk-in clientele; and
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WHEREAS, properties listed on the City’s Historic Resources Inventory (“HRI”)
exhibit potential historic, architectural, or cultural significance in Santa Monica; and
WHEREAS, each property listed on the HRI has been evaluated by professionals
using nationwide standards and criteria to determine potential significance; and
WHEREAS, due to their unique characteristics that contribute to the City’s
reputation as a place of beauty, spaciousness, and quality, properties along the Third
Street Promenade, in the Main Street Neighborhood Commercial District and on the HRI
require a lower threshold for design review by the ARB; and
WHEREAS, the City desires to establish formal procedures for administrative
approval that will be incorporated into Chapter 9.55 to ensure consistency and
transparency; and
WHEREAS, the City further desires to make other minor changes, additions, and
corrections to Chapter 9.55 to modernize and streamline language and to ensure
consistency with the Zoning Ordinance and other administrative changes that have
occurred since Chapter 9.55 was last updated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Chapter 9.55 is hereby amended to
read as follows:
Chapter 9.55 Architectural Review
9.55.010 Purpose
The purpose of this Chapter is to promote the public health, safety, and general welfare
by establishing such procedures and providing such regulations as are deemed
necessary to preserve existing areas of natural beauty, cultural importance; to assure that
buildings, structures, signs or other developments are in good taste, good design,
harmonious with surrounding developments, and in general contribute to the preservation
of Santa Monica’s reputation as a place of beauty, spaciousness, and quality; to prevent
the development of structures or uses that are not of acceptable exterior design or
appearance, are of inferior quality, or are likely to have a depreciating effect on the local
environment or surrounding area by reason of appearance or value; to eliminate
conditions, structures, or uses, which by reason of their effect tend to degrade the health,
safety, or general welfare of the community; and to provide a continuing source of
programs and means of improving the City’s overall appearance.
9.55.020 Definitions
Definitions in Section 9.52.020 apply to the words and phrases used in this
Chapter, except that, for purposes of this Chapter, “Director” means the Director of the
City’s Community Development Department or designee.
9.55.030 Architectural Review Board—Membership
An Architectural Review Board is hereby established which shall consist of seven
members. At least two of the members shall be professional architects. Other members
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of the Architectural Review Board shall be persons who, as a result of their training,
experience, and attainments, are qualified to analyze and interpret architectural and
environmental trends and information, to appraise resource uses in light of the policies
set forth in this Chapter, and to be responsive to the social, aesthetic, recreational, and
cultural needs of the community. Other expertise such as conservation, recreation,
design, landscaping, the arts, urban planning, cultural-historical preservation, and
ecological and environmental science shall, insofar as practicable, be represented on the
Architectural Review Board. The Landmarks Commission may select one of its members
to provide active liaison with the Architectural Review Board when the Architectural
Review Board is considering additions to or modifications of historic resources. The
Landmarks Commissioner chosen shall neither have a vote on the Architectural Review
Board nor be eligible to be its chairperson.
9.55.040 Guidelines and Standards
The Architectural Review Board may, by resolution, establish guidelines and
standards for its evaluation of proposed developments within an architectural review
district, to supplement the criteria in Section 9.55.140. Such guidelines and standards
shall reflect and effectuate the purposes expressed by Section 9.55.010 and shall include,
but need not be limited to, consideration of the following elements:
A. The integrity of neighborhood environments;
B. Existing local, social, aesthetic, recreational and cultural facilities, designs,
and patterns within the architectural review district;
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C. The disparate elements of neighborhood communities within the
architectural review district and the architectural relationship of adjoining neighborhood
communities; and
D. General patterns and standards of architectural development within the
entire architectural review district.
9.55.050 Reserved
9.55.060 Appointment and Term of Office
The members of the Architectural Review Board shall be subject to removal by
motion of the City Council by at least five affirmative votes. Except as otherwise provided
in the City Charter, the members of the Architectural Review Board shall serve for a term
of four years, commencing on July 1 and until their respective successors are appointed
and qualified. The members first appointed to the Board shall so classify themselves by
lot that the term of one of their number shall expire on the next succeeding July 1, and
the balance of the Board shall be paired by lot and serve terms to such an extent as is
necessary in order that the terms of at least one such pair shall expire in each succeeding
year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired
period.
9.55.070 Rules
The Architectural Review Board shall adopt rules and regulations for the conduct
of its business. Four voting members shall constitute a quorum. The affirmative or
negative vote of a majority of the entire membership of the Architectural Review Board
shall be necessary for it to take action. No item shall be included on the consent calendar
of the Architectural Review Board’s agenda unless all members agree to the inclusion of
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such item. If any member of the Architectural Review Board objects to scheduling a
particular application on the Architectural Review Board’s consent calendar, said
application shall be removed from the consent calendar and set for public hearing, and
the Architectural Review Board shall be granted an additional 15 days to execute action
on the application.
9.55.080 Officers, Election of Officers
As soon as practicable following the appointment or reappointment of members
each year, the Architectural Review Board shall organize and elect from its own
membership a Chairperson and a Chairperson Pro Tem.
9.55.090 Secretary
The Director shall serve or appoint staff to serve as the official secretary to the
Architectural Review Board. The records of all proceedings and basis for all findings shall
be available to the City Council and to the public.
9.55.100 Meetings
The Architectural Review Board shall meet at established intervals or as otherwise
determined by the Architectural Review Board, on regularly scheduled dates. Meetings
shall be arranged in order to process applications within the time required by this Chapter.
9.55.110 Process for Establishment of Architectural Review Districts
The Architectural Review Board upon its own motion may recommend to the City
Council, after the review and comment of the Planning Commission thereon, any
commercial, industrial, residential, or other area, or a combination of areas within the
corporate boundaries of the City for inclusion in an architectural review district. The City
Council, upon such recommendation, or upon its own motion, may establish one or more
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architectural review districts by ordinance, which may include any or all portions of the
City.
9.55.120 Project Review by and Approval of Architectural Review Board
A. Except as provided by Section 9.55.190 on administrative approval, no
building permit shall be issued for any project in an architectural review district unless
plans, elevations, or landscaping, have been approved by the Architectural Review Board
or on appeal by the Planning Commission. In addition to those projects subject to
administrative approval by the Director under Section 9.55.190, the Architectural Review
Board, under authority of Section 9.55.070 of this Chapter, may, by resolution, authorize
the Director to approve applications for building permits for minor or insignificant projects
in an architectural review district, so long as such projects do not defeat the purposes and
objectives of this Chapter.
B. No completed project that is subject to and receives the Architectural Review
Board’s approval shall receive a certificate of occupancy or final building inspection
approval until the Director certifies that such construction has complied with the conditions
and restrictions, if any, imposed by the Architectural Review Board or on appeal by the
Planning Commission, and that the final construction is in conformity with the plans
approved by the Architectural Review Board or on appeal by the Planning Commission.
C. Plans or proposals that require a Development Review Permit shall first be
considered by the Architectural Review Board for a recommendation to the Planning
Commission on the appropriateness of proposed urban design elements, including, but
not limited to, siting, massing, scale, circulation, and general relationship to adjacent
structures and the adjacent street.
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D. Following a determination by the Planning Commission or applicable review
authority, plans or proposals shall thereafter, when appropriate, be considered by the
Architectural Review Board. The Architectural Review Board shall be authorized to
approve, conditionally approve, or disapprove exterior elevations, landscaping, and
general appearance and to impose such conditions as it believes reasonable and
necessary, so long as any such conditions are not in conflict with any of the conditions or
requirements of the Planning Commission or applicable review authority.
E. The Architectural Review Board also shall have the authority to undertake
review and approval of projects as authorized by the Zoning Ordinance or of sign permits
as authorized by Chapter 9.61.
9.55.130 Procedure for Project Review
A. Preliminary sketches of the design of a proposed project may be submitted
to the Community Development Department for informal review so that an applicant may
be informed of Architectural Review Board policies prior to preparing working drawings.
B. The applicant for a building permit when subject to requirements of this
Chapter shall submit to the Community Development Department an application for
Architectural Review Board approval. The application shall include a site plan in
accordance with Section 9.55.150, exterior elevations, and such other data as will assist
the Architectural Review Board in evaluating the proposed project. Exterior elevation
drawings shall be publicly available when Architectural Review Board agendas are
published.
C. Preliminary plans and elevations shall be drawn to scale and shall be of
sufficient clarity to indicate the nature and extent of the project and show in detail how it
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will conform to the provisions of this Chapter. The first sheet of each set of plans shall
give the street address of the project and the name and address of the owner and the
person who prepared the plans. The plot plan shall conform to Section 9.55.150.
Submitted plans not in compliance with these requirements may be rejected by the
Director.
9.55.140 Criteria
A. The Architectural Review Board may approve, approve with conditions, or
disapprove an application submitted to it pursuant to Section 9.55.120 after consideration
of whether the project complies with the following criteria:
1. The plan for the proposed project is expressive of good taste, good
design, and in general contributes to the image of Santa Monica as a place of
beauty, creativity, and individuality;
2. The proposed project is not of inferior quality such as to cause the
nature of the local neighborhood or environment to materially depreciate in
appearance and value;
3. The proposed design of the project is compatible with developments
on land in the general area; and
4. The proposed project is in conformity with the effective guidelines
and standards adopted pursuant to this Chapter and all other applicable
ordinances relating to the location and appearance of the project involved.
B. If the Architectural Review Board finds that the project complies with the
criteria in subsection (A) above, the Architectural Review Board shall approve the
application. The Architectural Review Board may impose conditions when the proposed
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project does not comply with the above criteria and any such conditions are limited to
those that will bring the proposed project into conformity therewith. If an application is
disapproved, the Architectural Review Board shall detail in its findings, as applicable, the
criteria with which the project does not comply or the guidelines that are violated. Any
action taken by the Architectural Review Board in regard to a proposed project shall be
in writing and include findings, signed by the Chairperson, and a copy thereof shall be
provided to the applicant by email utilizing the email address provided on the application,
in person, or by United States mail, upon request.
C. A decision or order of the Architectural Review Board shall not become final
until 10 days after the date upon which a ruling has been made, unless an appeal is filed
pursuant to Section 9.55.160.
9.55.150 Site Plans
A. A site plan shall be drawn to scale and shall indicate the following sufficiently
for consideration of urban design, visual, and safety factors:
1. Dimensions and orientation of the parcel;
2. Location of buildings and structures both existing and proposed;
3. Location of off-street parking and loading facilities;
4. Location of points of entry and exit for motor vehicles and internal circulation
factors;
5. Location of walls and fences and the indication of their height and the
materials of their construction;
6. Indication of exterior lighting standards and devices adequate to review
possible hazards and disturbances to the public and adjacent properties;
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7. Location and size of exterior signs, including any outdoor advertising;
8. A preliminary landscaping plan; and
9. Such other architectural and engineering data as may be required to permit
necessary findings that the project complies with the provisions of this Chapter.
9.55.160 Appeals
The applicant or any interested person may appeal any ruling of the Architectural
Review Board made pursuant to this Chapter to the Planning Commission. Notice of any
appeal from the ruling of the Architectural Review Board must be filed within 10 days of
the date that such ruling is made, and must be accompanied by the fee established by
the Santa Monica Municipal Code. When such an appeal is made from a ruling of the
Architectural Review Board, the Planning Commission shall set a hearing date within 30
days of the receipt of said notice of appeal. The Planning Commission shall hear the
appeal at the earliest practical date. The Planning Commission shall decide the appeal
within 30 days after said hearing and shall base its decision on the evidence submitted to
it at said hearing and on the record from the Architectural Review Board and such other
records as may exist in the case. The decision of the Planning Commission on any such
appeal from a ruling by the Architectural Review Board shall be final.
9.55.170 Architectural Review District Boundaries
Pursuant to Section 9.55.110 of the Santa Monica Municipal Code, an architectural
review district is hereby established. Said architectural review district shall be composed
of all commercial, industrial, and residential areas within the corporate boundaries of the
City, with the exception of those areas designated as R1 Districts by Article 9 of the Santa
Monica Municipal Code, and those structures for which a certificate of appropriateness is
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obtained from the Landmarks Commission (or City Council on appeal) pursuant to
Chapter 9.56 of the Santa Monica Municipal Code. Noncontributing structures located
within Historic Districts shall be subject to architectural review unless otherwise exempted
by the ordinance that establishes procedures for the alteration of structures within the
Historic District. Single-unit structures, including accessory structures, in all districts in the
City, except for those structures located in the area described in Section 9.08.030(A)(2),
are also exempt from architectural review district boundaries.
9.55.180 Posting of Property
Within 10 days after an application for architectural review has been filed, the
applicant shall post the property with a preprinted sign or signs prepared by the City
measuring 30 inches by 40 inches in size. Except as set forth in this Section, the posting
shall be in accordance with the requirements as to content, location(s), number of signs,
height, lettering and posting period as established by the Director to ensure adequate
notice. The application shall not be considered complete unless the site has been posted
pursuant to this Section. Landscape applications and applications subject to
administrative approval under Section 9.55.190 are exempt from the requirements of this
Section.
9.55.190 Administrative Approval
A. The Director is authorized to review and approve the following projects in
an architectural review district by administrative approval:
1. Additions to structures or accessory structures (other than those
exempted from review by Section 9.55.170) if the addition is either:
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a. Behind an existing structure and not substantially visible from
any public right-of-way (other than an alley), except for structures located in
the R1 (Single-Unit Residential) District that are subject to review by the
Architectural Review Board in accordance with Section 9.07.030(A); or
b. Within an existing courtyard, not visible from the public right-
of-way (other than an alley), and maintains required and usable open space.
2. Additions to structures that are visible from a public right-of-way
(other than an alley) if the addition is:
a. Less than 1,000 square feet, consistent with the existing
structure’s design and proportions, and the structure is not located within
the Downtown Community Plan area; or
b. Less than 5,000 square feet, consistent with the existing
structure’s design and proportions, and the structure is located within the
Downtown Community Plan.
3. Mechanical and electrical equipment on an existing structure that is
substantially screened from view, and when required, rooftop screening on an
existing structure that is in keeping with the design of the existing structure,
4. Replacement of existing materials with similar or consistent materials,
provided that the new materials are of a comparable quality, texture, and
craftsmanship as the existing structure.
5. Alterations to the design or materials of a façade of an existing
structure if that structure is either:
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a. Not located in the Main Street Neighborhood Commercial
District or the BC (Promenade) District with frontage along the Third Street
Promenade; or
b. Located in the Main Street Neighborhood Commercial District
or the BC (Promenade) District with frontage along the Third Street
Promenade, provided that the alterations are consistent with the structure’s
existing design.
6. New window frames, door frames, windows, and doors on existing
structures, provided that the new elements are of high quality and are consistent
with the materials on the existing structure.
7. New awnings without signage that are not backlit and of a design
and color consistent with the existing structure, including any existing awnings.
8. New construction of and alterations to outdoor dining areas permitted
under Section 9.31.200, including, but not limited to, railings, awnings, lighting, and
other structures and appurtenances thereto.
9. New freestanding walls or extensions to existing freestanding walls
that are consistent with existing architecture.
10. Landscape and irrigation plans for:
a. New landscaping less than 750 square feet in area that is
visible from the public right-of-way (other than an alley), conforms to the
City’s landscaping standards, and maintains existing mature trees wherever
possible;
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b. New landscaping that is not visible from the public right-of-
way (other than an alley), conforms to the City’s landscaping standards, and
maintains existing mature trees wherever possible; or
c. New landscaping for single-unit dwellings (other than those
exempted from review by Section 9.55.170) that conforms to the City’s
landscaping standards.
11. Notwithstanding anything to the contrary in this subsection (A), the
only projects subject to administrative approval for existing structures on the
historic resource inventory are projects involving minor or insignificant alterations
to the design or materials of a façade.
B. Any application for administrative approval pursuant to this Section shall
comply with the requirements of Section 9.55.130.
C. The Director may approve, approve with conditions, or disapprove an
application submitted to it pursuant to subsection (A) after consideration of whether the
project complies with the criteria in Section 9.55.140(A).
D. If the Director finds that the project complies with the criteria in Section
9.55.140(A), the Director shall approve the application. The Director may impose
conditions when the proposed project does not comply with the criteria in Section
9.55.140(A) and any such conditions are limited to those that will bring such project into
conformity therewith; except, however, for any project submitted pursuant to subsection
(A)(3), the Director may reduce the height of the required screening based on the
placement of the equipment on the roof, the existing height of the subject building and
surrounding buildings, and the overall visibility of the equipment. If an application is
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disapproved, the Director shall detail in its written findings, as applicable, the criteria with
which the project does not comply or the guidelines, if any, that are violated. Any action
taken by the Director to conditionally approve or deny a proposed project shall be in
writing and include findings and conditions, as applicable. A copy of the Director’s
decision shall be provided to the applicant by email utilizing the email address provided
on the application, in person, or by United States mail, upon request.
E. The Director’s decision shall be effective and final upon issuance and not
subject to administrative appeal.
F. No completed project that is subject to and receives the Director’s
administrative approval shall receive a certificate of occupancy or final building inspection
approval until the Director certifies that such construction has complied with the conditions
and restrictions, if any, imposed by the Director, and that the final construction is in
conformity with the plans approved by the Director.
SECTION 2. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of 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
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 13th day of October, 2020.
_____________________________
K e v i n M c K e o w n , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2651 (CCS) had its introduction
on September 8, 2020 and was adopted at the Santa Monica City Council
meeting held on October 13, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, McCowan, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2651 (CCS) was duly published pursuant to
California Government Code Section 40806.
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10/15/2020