Loading...
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