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O2497City Council Meeting: November 10, 2015 ORDINANCE NUMBER 2y57 (City Council Series) Santa Monica, California (CCS) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING 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) WHEREAS, 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; and WHEREAS, the chapters in this division all constitute 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 9.681; and WHEREAS, 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 being utilized; and WHEREAS, these new chapters were intended to supersede these previously existing chapters of the Municipal Code in their entirety; and 1 WHEREAS, to effectuate this result, these predecessor chapters should have been repealed at the same time that these new chapters were adopted, but inadvertently were not; and WHEREAS, as a consequence, the Municipal Code presently contains duplicative chapters which this proposed ordinance would eliminate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapters 9.73, 9.74, and 9.75 are hereby repealed in their entirety. 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inconsistent with the provisions of this Ordinance, to the extent of such nconsistency and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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. 2 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. ITU MAI C ity E® AS TO FORM: k JONEP MOUTEtIE rney;f (6 3 Approved and adopted this 10ff' day of November, 2095. L -k a's I'V.— Kevin McKeown, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) 1, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2497 (CCS) had its introduction on October 27, 2015, and was adopted at the Santa Monica City Council meeting held on November 10, 2015, by the following vote: Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tem Vazquez Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2497 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: arch P. Gorman, City Clerk