R-9841f:\atty\muni\laws\mjm\interimordinancesccreso-1.wpd
Planning Commission Meeting 3-11-03 Santa Monica, California
RESOLUTION NUMBER 9s41 (CCC)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DIRECTING THE PLANNING COMMISSION
TO CONSIDER AN AMENDMENT TO THE TEXT OF
THE CITY OF SANTA MONICA ZONING ORDINANCE
WHEREAS, Santa Monica Municipal Code Section 9.04.20.16.060 allows the City
Council to adopt interim ordinances to prohibit or allow any uses or to establish
development standards in order to protect the public safety, health and welfare; and
WHEREAS, under current local law an interim ordinance may only be in effect for
45 days from the date of its adoption; and
WHEREAS, this 45 day limit creates timing problems and may create a gap
between when an initial interim ordinance is in effect and when an ordinance extending the
interim ordinance can go into effect,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section
9.04.20.16.020(a)(2), the City Council does hereby direct the Planning Commission to
initiate an amendment to the City's Zoning Ordinance to modify the amount of time interim
ordinances remain in effect.
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SECTION 2. The text of the amended language is attached hereto and labeled as
Exhibit 1
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
A SHA JON, MOUTRIE
City Attorney
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Section 9.04.20.16.060 Interim zoning.
(a) Without following the procedures otherwise required prior to the
adoption of a zoning ordinance as provided for in Sections 9.04.20.16.010
through 9.04.20.16.050, the City Council, to protect the public safety, health,
or welfare, may adopt an interim ordinance prohibiting or allowing any uses
or establishing development standards which may otherwise be in conflict
with a contemplated General Plan, Specific Plan, or zoning proposal which
the City Council, Planning Commission, or the Director of Planning is
considering or studying or intends to study within a reasonable time. An
interim ordinance may be adopted as an emergency ordinance pursuant to
the provisions of Section 615 of the City Charter. An interim ordinance shall
be of no further force and effect ~5 60days from its effective date e#
a~e~#te~r. After notice pursuant to Part 9.04.20.22, and public hearing, the
City Council may extend the interim ordinance for up to 50 months and 15
days.
(b) The City Council shall not adopt or extend any interim ordinance
pursuant to this Section unless the ordinance contains a finding that there is
a current and immediate threat to the public health, safety, or welfare, and
that the approval of additional subdivisions, use permits, variances, building
permits, or any other applicable entitlement for use which is required in order
to comply with a zoning ordinance would result in a threat to public health,
safety, or welfare.
(c) Nothing in this Section shall limit the power of the City Council, by
virtue of the City Charter, to take necessary action to protect the public
health, safety, or welfare.
(d) The City Council as part of any interim ordinance, may adopt
variance procedures to modify the standards contained in the interim
ordinance, and may establish procedures which differ from those contained
in Part 9.04.20.20 and Part 9.04.20.22 of this Chapter.
Adopted and approved this 11th day of March, 2003,
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Richard Bloom, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9841 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 11th day of March, 2003,
by the following vote:
Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz,
Genser, Holbrook, Mayor Bloom
Noes: Council members:
Abstain: Council members:
Absent: Council members: O'Connor
ATTEST:
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Maria M. Stewart, City lerk