O1452CA:RMM:rmd745 /hpca
City Council Meeting 8 -9 -88
ORDINANCE NUMBER
Santa Monica, California
1452(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE SANTA MONICA
MUNICIPAL CODE BY REPEALING CHAPTER 1 OF ARTICLE IX
OF THE SANTA MONICA MUNICIPAL CODE AND SECTION 9516 OF
THE SANTA MONICA MUNICIPAL CODE AND ADDING A NEW
CHAPTER 1 TO ARTICLE IX OF THE SANTA MONICA
MUNICIPAL CODE TO ADOPT A COMPREHENSIVE LAND
USE AND ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 1 of Article IX of the Santa Monica
Municipal Code, consisting of Sections 9100 to 9158, inclusive,
and Section 9516 of the Santa Monica Municipal Code are hereby
repealed, provided:
(a) The repeal of said Sections shall not in any manner
affect the prosecution for violations thereof, which violations
were committed prior to the effective date hereof, nor shall the
repeal of said Sections affect any prosecution or action which
may be pending or may hereinafter be filed in, any court for the
violation of any of the provisions of said Section. As to any
such violations of any of said Sections and as to any such
prosecution or pending prosecution or action, said Sections and
each of them shall be deemed to continue and be in full force and
effect.
-1-
(b) Said Sections and each of them shall be deemed to
continue and be in full force and effect as to any application
not subject to the Comprehensive Land Use and Zoning Ordinance
adopted pursuant to Section 2 of this Ordinance by reason of
Section 9002.2 thereof.
SECTION 2. The Santa Monica Municipal Code hereby is
amended by adding a new Chapter 1 to Article IX thereof to
consist of Sections 9000.1 to 9150.8, inclusive. Insofar as
these provisions are substantially the same as existing
provisions of Chapter 1 of Article IX relating to the same
subject matter, these provisions shall be construed as
restatements and continuations and not as new enactments.
Chapter 1 is added to Article IX of the Santa Monica Municipal
Code to read as follows: `
-2-
SECTION 3. For any development in the area as described in
Section 5 of Ordinance Number 1416 (CCS), the provisions of
Ordinance Number 1321 (CCS) and Ordinance Number 1416 (CCS) shall
apply in addition to the provisions of the Comprehensive Land Use
and Zoning Ordinance adopted pursuant to Section 2 of this
Ordinance.
SECTION 4.
Any
development
not subject to the
Comprehensive Land Use
and
Zoning Ordinance adopted pursuant to
Section 2
of this Ordinance by reason
of Section 9002.2 thereof
shall be
subject to
the following
provisions and ordinances as
applicable:
(a)
Those Sections
repealed
by Section 1 of this
Ordinance.
(b)
Ordinance
Number
1319 (CCS)
as extended by Ordinance
Number 1426 (CCS).
(c)
Ordinance
Number
1321 (CCS).
(d)
Ordinance
Number
1367 (CCS).
(e)
Ordinance
Number
1416 (CCS).
(f)
Ordinance
Number
1422 (CCS).
(g)
Ordinance
Number
1423 (CCS).
(h)
Ordinance
Number
1424 (CCs).
(i)
Ordinance
Number
1441 (CCs).
(j)
Ordinance
Number
1449 (CCS).
SECTION 5. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 6. 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 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 7. 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 after 30 days from its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
Adopted and approved this 9th day of August, 1988.
I hereby certify that the foregoing Ordinance No. 1452(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 27th day of July, 1988; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 9th day of August, 1988, by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, Zane,
Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: H. Katz, Reed