SR-400-005 (21)
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City Council Report
City Council Meeting: January 23, 2007
Agenda Item: 1- - L..
To:
Mayor and City Council
From:
Marsha Jones Moutrie, City Attorney
Subject:
Ordinance Amending Santa Monica Municipal Code Section 9.32.170 to
Correct the Inadvertent Deletion of Recent Amendments to this Section
through the Adoption of Ordinance Number 2139 (CCS)
Recommended Action
Staff recommends that the City Council introduce the attached ordinance for first
reading.
Executive Summary
The attached proposed ordinance is prepared to correct a nonsubstantive problem
which arose because the City Council adopted two separately prepared amendments to
Santa Monica Municipal Code Section 9.32.170 in October 2006. Adoption of the
proposed ordinance is necessary to render both amendments effective by establishing
that adoption of the second ordinance did not implicitly repeal the first. The ordinance is
presented to the City Council for introduction and first reading.
Discussion
On October 5, 2006, the City Council adopted Ordinance Number 2206 (CCS), which
amended Chapter 9 of the Municipal Code to allow for modification of development
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standards and implementation of incentives for projects that include the retention and
preservation of a Designated Landmark or Contributing Structure to an adopted Historic
District.
At the same meeting, the City Council adopted Ordinance Number 2207 (CCS) which
amended Article 9 of the Municipal Code to modify project design and property
development standards for specified uses in certain residential, commercial, and
industrial districts in the City, including standards related to permitted building heights,
exceptions to the height limit, unit density, parcel coverage, floor area, and architectural
design review criteria.
Both of these ordinances amended different provisions in Santa Monica Municipal Code
Section 9.32.170. Although both of these ordinances were adopted by the City Council
at the same meeting, Ordinance Number 2206 (CCS) was technically approved by the
City Council before the approval of Ordinance Number 2207 (CCS).
As a general rule of law, the adoption of a statute which is inconsistent with a pre-
existing statute, but does not acknowledge the pre-existing provision, repeals the pre-
existing provision by implication.
The proposed ordinance would incorporate both the previously adopted ordinances'
amendments to Section 9.32.170 into one ordinance. This would thereby effectuate
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both Council enactments and ensure that the rule of repeal by implication does not
operate to defeat the Council's previous actions.
BudoetlFinancial Impact
There are no financial impacts.
Prepared by: Barry Rosenbaum, Senior Land Use Attorney
Approved:
Forwarded to Council:
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f:\atty\muni\laws\barry\ARBcleanup-1.doc
City Council Meeting 1-23-07
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 SECTION
9.32.170 TO CORRECT THE INADVERTENT DELETION OF A RECENT
AMENDMENT TO THIS SECTION THROUGH THE ADOPTION OF ORDINANCE
NUMBER 2207 (CCS)
WHEREAS, on October 5, 2006, the City Council adopted Ordinance Number
2206 (CCS), which amended Chapter 9 of the Municipal Code to allow for modification
of development standards and implementation of incentives for projects that include the
retention and preservation of a Designated Landmark or Contributing Structure to an
adopted Historic District; and
WHEREAS, at the same meeting, the City Council adopted Ordinance Number
2207 (CCS) which amended Chapter 9 of the Municipal Code to modify project design
and property development standards for specified uses in certain residential,
commercial and industrial districts in the City, including standards related to permitted
building heights, exceptions to the height limit, unit density, parcel coverage, floor area
and architectural design review criteria; and
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WHEREAS, both of these ordinances amended Santa Monica Municipal Code
Section 9.32.170; and
WHEREAS, although both ordinances were adopted by the City Council at the
same meeting, Ordinance Number 2206 (CCS) was technically approved by the City
Council before the approval of Ordinance Number 2207 (CCS); and
WHEREAS, as general rule of law, the adoption of a statute which is inconsistent
with a pre-existing statute, but does not acknowledge the pre-existing provision, repeals
the pre-existing provision by implication;
WHEREAS, the proposed ordinance would incorporate both the previously
ordinances' amendments to Section 9.32.170 to effectuate both Council enactments
and ensure that the rule of repeal by implication does not operate to defeat the
Council's previous actions; and
WHEREAS, for the reasons set forth in Ordinance Number 2206 (CCS),
Ordinance Number 2207 (CCS) and herein, the proposed amendments are consistent
in principle with the goals, objectives, policies, land uses, and programs specified in the
adopted general plan and the public health, safety, and general welfare require adoption
of the proposed amendment,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.32.170 is hereby amended
to read as follows:
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Section 9.32.170. Architectural review district
boundaries.
Pursuant to Section 9.32.110 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 R-1 Districts by
Article 9 of the Santa Monica Municipal Code, and those
structures for which a certificate of appropriateness is
obtained from the Landmarks Commission (or City Council
on appeal) pursuant to Chapter 9.36 of the designated as
I3ndm3rl<s or contributing structures within Historic Districts
pursuant to Chapter 6 of the Santa Monica Municipal Code.
Non-contributing 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-
family structures, including accessory structures, in all
districts in the City except for those structures located in the
R2R Medium Density Multiple Family Coastal Residential
District are also exempt from Architectural Review Board
district boundaries.
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SECTION 2. 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, 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 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:
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