ITEM 6-B
City Council Meeting 4-14-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Exempting Certain Applications From
Inclusionary Requirement
At its meeting on March 3, 1990, the City Council directed
the City Attorney to prepare an ordinance exempting an
application for a project with fewer than five residential units
filed on April 17, 1990 from the Zoning Ordinance provisions
requiring the provision of an inclusionary unit or payment of an
in lieu fee. In response to this direction, the accompanying
ordinance has been prepared and is presented to the City Council
for its consideration.
SECTION BY SECTION ANALYSIS
Section 1 provides that the 1990 revisions to Chapter 4A of
the Santa Monica Municipal Code do not apply to any project with
less than five units an application for which was filed on April
17, 1990. The 1990 revisions to Chapter 4A imposed an
inclusionary requirement on projects containing three to five
units, the application for which was filed on or after April 17,
1990. Prior to the 1990 revisions, an inclusionary unit only
applied to projects with five units or more. This ordinance has
the effect of exempting projects for fewer than five units, the
application for which was actually filed on April 17, 1990.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Mary H. Strobel, Deputy City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REGARDING APPLICABILITY
OF 1990 REVISIONS TO CHAPTER 4A
OF THE SANTA MONICA MUNICIPAL CODE
WHEREAS, Ordinance Number 1532 (CCS) was adopted on July
24, 1990 and provided that the 1990 revisions to Chapter 4A of
the Santa Monica Municipal Code would apply to any project for
which an application for a project with fewer than five units was
filed with the City Planning Division on or after April 17, 1990;
and,
WHEREAS, the City Council intended that the 1990 revisions
to Subchapter 4A of the Santa Monica Municipal Code not apply to
any project for which an application for a project with fewer
than five units was filed with the City Planning Division on
April 17, 1990;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. The 1990 revisions to Subchapter 4A of the
Santa Monica Municipal Code do not apply to any project for which
an application for a project with fewer than five units was filed
on April 17, 1990. Any project for which an application for a
project with fewer than five units was filed on April 17, 1990
shall not be subject to an inclusionary requirement pursuant to
Chapter 4A of the Santa Monica Municipal Code.
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 inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect 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 any 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 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 after 30 days from its adoption.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney