SR-6-B (79)
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CA:RMM:tpl11jhpadv APR 1 4 1991
City council Meeting 4-14-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance Exempting certain Applications From
rnclusionary Requirement
At its meeting on March 24, 1992, the City Council
introduced for first reading an ordinance exempting an
application for a project with fewer than five residential units
filed on April 17, 1990, from the Zoning Ordinance provisions
requiring the provision of an inclusionary unit or payment of an
in lieu fee. The ordinance is now presented to the City Council
for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Mary H. Strobel, Deputy city Attorney
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APR 1 A 1992
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CA:RMM:tp110jhpadv
City council Meeting 4-14-92 Santa Monica, California
ORDINANCE NUMBER 16l8(CCS)
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(City council Serloes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REGARDING APPLICABILITY
OF 1990 REVISIONS TO CHAPTER 4A
OF THE SANTA MONICA MUNICIPAL CODE
WHEREAS, Ordinance Number 1532 (CCS) was adopted on July
24, 1990 and provided that the 1990 revisions to Chapter 4A of
the Santa Monica Municipal Code would apply to any project for
whloch an app11cat1on for a project with fewer than five un1ts was
filed with the City Plann1ng Div1sion on or after April 17, 1990;
and,
WHEREAS, the City Councll lntended that the 1990 revisions
to Subchapter 4A of the Santa Monica Mun1cipal Code not apply to
any project for which an application for a project with fewer
than five units was filed with the City Planning Divlsion on
April 17, 1990,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. The 1990 revisions to subchapter 4A of the
Santa Monica Municipal Code do not apply to any project for which
an application for a project with fewer than five units was filed
on Aprlol 17, 1990. Any proJect for which an application for a
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project with fewer than five units was filed on April 17, 1990
shall not be subject to an inclusionary requirement pursuant to
Chapter 4A of the Santa Monlca Munlclpal Code.
SECTION 2. Any provlos~on of the Santa Monica MUnloClpal
Code or appendices thereto inconsistent wlth the provisions of
thl.s Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3 . If any section, subsection, sentence, clause,
or phrase of thl.S 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 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
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within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 14th day of April, 1992.
I hereby certify that the foregoing Ordinance No. 1618(CCS)
was duly and regularly introduced at a meeting of the city
council on the 24th day of March 1992 ~ that the said ordinance
was thereafter duly adopted at a meeting of the City Council on
the 14th day of April 1992 by the following council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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