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
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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been repealed at the same time that these new chapters were adopted, but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hereby repealed in their entirety.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nconsistency and no further, is hereby repealed or modified to that extent necessary to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.
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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.
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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