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City Council Meeting 1-25-05
TO: Mayor and City Council
FROM: City Staff
SUBJECT: An Emergency 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)
Introduction
The attached
proposed ordinance is prepared to correct a nonsubstantive problem which arose
because the City Council adopted two separately prepared amendments to Santa
Monica Municipal Code Section 9.04.20.28.020 in the months of July and August
2004. Adoption of the proposed ordinance
is necessary to render both amendments effective by establishing that adoption
of the second ordinance did not implicitly repeal the first. The ordinance is presented to the City
Council for adoption as an emergency ordinance.
Background
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 processing 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. Due to the press of business, that ordinance
waited in a queue for City Council consideration for several months. 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. Both of these ordinances amended Santa
Monica Municipal Code Section 9.04.20.28.020.
Ordinance Number 2131 (CCS) came to the City Council for approval on
July 27, 2004 and was effective on August 26, 2006. Ordinance Number 2139 (CCS) came to the City
Council for approval on September 14, 2004, and was effective on October 14,
2004. This latter ordinance did not
include the modifications to Section 9.04.20.28.020 that had just been
implemented by Ordinance Number 2131 (CCS).
As a 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, may repeal
the pre-existing provision by implication.
Discussion
The proposed
emergency ordinance would incorporate both the previously adopted ordinances’
amendments to Section 9.04.20.28.020 into one ordinance. This would thereby effectuate both Council
enactments and ensure that the rule of repeal by implication does not operate
to defeat the Council’s previous actions.
Financial/Budget Impact
There are no
financial impacts.
Recommendation
It is respectfully recommended that the accompanying
ordinance be adopted immediately as
an emergency measure to ensure that the Council’s policy decisions are
effectuated as quickly as possible under the circumstances.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry A. Rosenbaum, Senior Land Use Attorney
ATTACHMENT: Proposed Ordinance