O2148
f:\atty\muni\laws\barry\AAcleanup-1.doc
City Council Meeting 1-25-05 Santa Monica, California
ORDINANCE NUMBER 2148 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.20.28.020 TO CORRECT THE INADVERTENT DELETION OF RECENT
AMENDMENTS TO THIS SECTION THROUGH THE ADOPTION OF ORDINANCE
NUMBER 2139 (CCS), DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, early last year, the City Attorney's Office prepared an ordinance,
Ordinance Number 2139 (CCS), which amended various sections of the City's Zoning
Ordinance to conform hearing and process requirements for discretionary land use
permits with the California Permit Streamlining Act and modify or clarify the time for
issuing Temporary Use Permits and Administrative Approvals; and
WHEREAS, due to the press of business, that ordinance waited in a queue for
City Council consideration for several months; and
WHEREAS, during that time the City Council considered another ordinance,
Ordinance Number 2131 (CCS), which modified development standards, established
design standards, and modified the application review process for properties in the R2,
R3, and R4 Districts; and
1
WHEREAS, both of these ordinances amended Santa Monica Municipal Code
Section 9.04.20.28.020; and
WHEREAS, Ordinance Number 2131 (CCS) came before the City Council for
approval and July 27,2004 and was effective August 26,2004; and
WHEREAS, Ordinance Number 2139 (CCS) came before the City Council for
approval on September 14, 2004 and was effective on October 14, 2004; 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 9.04.20.28.020 into one ordinance 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 2131 (CCS),
Ordinance Number 2139 (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:
2
SECTION 1. Santa Monica Municipal Code Section 9.04.20.28.020 is hereby
amended to read as follows:
Section 9.04.20.28.020 Permit required.
An Administrative Approval, approved by the Zoning
Administrator, shall be required for all new construction and
new additions to existing buildings of more than one
thousand square feet of floor area located in residential and
non-residential zoning districts, not otherwise subject to
discretionary review and shall be issued prior to issuance of
any Building Permit for the development. However, no
Administrative Approval shall be required for new
construction and new additions to existing buildings located
in the R2, R3 and R4 Districts or for any new single-family
homes or additions thereto in any zoning district. A public
hearing shall not be required for issuance of an
Administrative Approval. An application for an Administrative
Approval shall be in a form prescribed by the Zoning
Administrator and shall be filed with the Planning and Zoning
Division pursuant to Part 9.04.20.20.
The Zoning Administrator shall issue an
Administrative Approval if the proposed development
conforms precisely to the development standards for the
area and does not require discretionary review or approval
3
as outlined in this Chapter. The Zoning Administrator shall
deny the Administrative Approval only if the development is
not in compliance with the development standards for the
area as outlined in this Chapter.
The Zoning Administrator shall within ninety calendar
days after a complete application has been filed, prepare a
written decision which shall contain the findings of fact upon
which such decision is based. A copy of the decision shall be
mailed to the applicant at the address shown on the
application within ten days after the decision is rendered.
SECTION 2. This Ordinance is declared to be an urgency measure adopted
pursuant to the provision of Section 615 of the Santa Monica City Charter. As set forth
in the findings above, this Ordinance is necessary for preserving the public peace,
health, safety, and welfare.
SECTION 3.This Ordinance shall apply to any development application filed or
determined to be complete on or after August 26, 2004.
SECTION 4. 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.
4
SECTION 5. 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 6. 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 upon its adoption.
APPROVED AS TO FORM:
(!a@~~
M SH J ES M UTRIE
City Attorney
5
Approved and adopted this 25th day of January, 2005.
-
Pam O'Connor, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2148 (CCS) had its introduction and adoption at the Santa
Monica City Council meeting held on January 25, 2005, by the following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Bloom,
Genser, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
.,. ~, ...~ ~o-=:-jr
Maria M. Stewart, Ci Clerk
6