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SR-8-D (14) ~~ MAR 9 1982 CA:RMM:r City Council Meet~ng 3-9-82 Santa Monica, California STAFF REPORT TO: Mayor and C~ty Counc~l FROM: City Attorney SUBJECT: Ordinance Amend~ng Mun~c~pal Code Sect10n 9l29F2 Relat1ng to Shared Parking for Mixed-Use Projects At its meeting on January 26, 1982, the C~ty Counc~l d1rected the City Attorney to prepare an ord~nance amend~ng Mun~cipal Code Section 9l29F2 relating to share parking for mixed-use projects. In response to this direction, the accompanying ordinance has been prepared. The Plann1ng Commission, pursuant to Municipal Code Section 9149, held a pub11c hear~ng on the proposed amendment to Mun~cipal Code Section 9129F2 on January 4, 1982. Its favorable recommendat10n was considered by the C~ty Council on January 26, 1982. RECOMMENDATION It is respectfully recommended that the accompany~ng ord~nance be introduced for f~rst reading. PREPARED BY: Robert M. Myers, City Attorney ~-D MAR 9 1982 CA:RMM:r CIty CouncIl MeetIng 3-9-82 Santa MonIca, CalIfornia ORDINANCE NUMBER (CIty CouncIl SerIes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9l29F2 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO SHARED PARKING FOR MIXED-USE PROJECTS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. SectIon 9l29F2 of the Santa MonIca MunICIpal Code IS amended to read as follows: SectIon 9l29F2. MIxed Use ParkIng RequIrements. Where any bUIldIng contaIns two or more dIfferent uses, parkIng requIrements shall be computed for each such use as requIred by floor area, room, dwellIng unIts or seatIng capaCIty, as the case may be, and the sum ,thereof shall be the parkIng reqUIrements for the bUIldIng, except that the TraffIC and ParkIng EngIneer, or the PlannIng ComrnlSSlon on appeal, may approve a lesser amount or parkIng If It IS determIned on the basIs of the parkIng needs of the bUIldIng that JOInt use of the spaces would be consistent wIth the 1 .- purpose and 1ntent of th1S Chapter. The determ1nat1on of the Traffic and ParkIng Eng1neer shall be 1n wrItIng and shall be subject to appeal to the PlannIng CommISSIon wIthin 10 days of the date of the determinatIon. Code thIS SECTION 2. Any prOVISIon of the or appendIces thereto 1nconSIstent ordInance, to the extent of such Santa MonIca Mun1C1pal WIth the prOVIsions of InconSIstencIes and no further, are hereby repealed or mod1fled to that extent necessary to affect the provis1ons of th1S ord1nance. SECTION 3. If any sectIon, subsect1on, sentence, clause, or phrase of thIS ord1nance 1S for any reason held to be InvalId or unconstItutIonal by a dec1SIon of any court of any competent JurISdIctIon, such deC1S1on shall not affect the val1d1ty of the remaIn1ng portions of the ord1nance. The CIty Counc11 hereby declares that 1t would have passed thIS ordinance and each and every sect1on, subsect1on, 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. 2 SECTION 4. The Mayor shall sIgn and the CIty Clerk shall attest to the passage of thIS ordInance. ThIS CIty Clerk shall cause the same to be pUblIshed once In the offICIal newspaper WIthIn 15 days after ltS adoptIon. The ordInance shall become effectIve after 30 days from Its adoptIon. APPROVED AS TO FORM: ~~.~ Robert M. Myers CI ty Attorney 3