SR-10-27-2015-7E
City Council
Report
City Council Regular Meeting: October 27, 2015
Agenda Item: 7.E
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To: Mayor and City Council
From: Marsha Moutrie, City Attorney, City Attorney's Office
Subject: Introduction and First Reading of an Ordinance to Repeal Duplicative Santa
Monica Municipal Code Chapters 9.73 (Transportation Impact Fee Program),
9.74 (Parks and Recreation Development Impact Fee Program), and 9.75
(Affordable Housing Commercial Linkage Fee Program)
Recommended Action
Staff recommends that the City Council introduce for first reading the attached proposed
ordinance that would repeal Santa Monica Municipal Code Chapters 9.73, 9.74, and
9.75.
Executive Summary
At its meeting of June 23, 2015, Council adopted Ordinance Number 2486 (CCS) which,
in part, added Division 6 to Article 9 of the Santa Monica Municipal Code. The chapters
in this division are all land use and zoning-related provisions and include the
Transportation Impact Fee Program [Chapter 9.66], the Parks and Recreation
Development Impact Fee Program [Chapter 9.67], and the Affordable Housing
Commercial Linkage Fee Program [Chapter 9.68]. These three chapters did not alter
previously existing chapters of Article 9 other than to reflect the new numbering system
being utilized. However, the previously existing chapters were inadvertently not
repealed when the new chapters were adopted. This ordinance would effectuate their
repeal.
Background
At its meeting on June 23, 2015, Council adopted an ordinance repealing the existing
Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and
adding a new Zoning Ordinance, Chapter 9.01 through Chapter 9.52, to Article 9 of the
Santa Monica Municipal Code to adopt a comprehensive Zoning Ordinance; repealing
Chapters 9.08 through 9.72 of Article 9 of the Santa Monica Municipal Code and adding
new Chapters 9.53 through 9.68 to Article 9 of the Santa Monica Municipal Code to
establish land use and zoning related provisions; and implementing the new Zoning
Ordinance by repealing the existing Official Districting Map and adopting a new final
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Official Districting Map. Chapters 9.53 through 9.68 of Article 9 are not technically part
of the Zoning Ordinance, but are land use and zoning-related provisions and include the
Transportation Impact Fee Program [Chapter 9.66], the Parks and Recreation
Development Impact Fee Program [Chapter 9.67], and the Affordable Housing
Commercial linkage Fee Program [Chapter 9.68]. These three chapters did not alter
previously existing chapters of Article 9 of the same title and subject matter other than
to reflect the new numbering system be ing utilized. These new chapters were intended
to supersede these previously existing chapters of the Municipal Code in their entirety.
Consequently, these predecessor chapters should have been formally repealed at the
same time that these new chapters were adopted, but this inadvertently did not happen.
Discussion
The attached proposed ordinance would repeal Santa Monica Municipal Code Chapter
9.73 [Transportation Impact Fee Program], Chapter 9.74 [Parks and Recreation
Development Impact Fee Program], and Chapter 9.75 [Affordable Housing Commercial
Linkage Fee Program]. These chapters were intended to be superseded in their
entirety by Chapter 9.66, Chapter 9.67, and Chapter 9.68 respectively and consequently
should have been repealed since they are entirely duplicative of the new chapters
except for a revised numbering system. This proposed ordinance would eliminate this
duplication.
Alternative
Retain these chapters of the Municipal Code as surplusage.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Barry Rosenbaum, Senior Land Use Attorney
Approved Forwarded to Council
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Attachments:
A. Repeal Duplicative Chapters Ord 10272015
B. June 23, 2015 Staff Report