O1561
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CA:RMM:ax27/hpadv/pc
city Council Meeting 1-22-91 Santa Monica, California
ORDINANCE NO. 1561(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA
AMENDING SECTION 9120~6(a)
OF THE SANTA MONICA MUNICIPAL CODE
EXTENDING TIME PERIODS FOR INTERIM ZONING
WHEREAS, on May 23, 1989, the city Council adopted Ordinance
Number 1481 declaring the presence of an emergency and creating a
citywide moratorium on non-residential and hotel development; and
WHEREAS, on May 23, 1989, the city council approved a
moratorium work program directing staff to develop a Growth
Management Strategy (GMS) program that examines commercial
development
standards,
new
opportunities
for
residential
development, criteria for site review, traffic methodologies,
traffic impact definitions, incentives for cultural and housing
opportunities in the downtown area, incorporation of the Main
street Ordinance update and further study of a Commercial
Allotment Program (CAP); and
WHEREAS, on February 13, 1990, the City Council reviewed the
progress of the GMS work program, pUblic participation process,
timeline and future direction and moved to conduct a public
hearing to extend the moratorium ordinance; and
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WHEREAS, on February 27, 1990, the city council conducted a
public hearing and adopted Ordinance Number 1512 extending the
citywide moratorium on non-residential and hotel development:
WHEREAS, on September 12, 1990 and October 13, 1990, the
Planning Commission held public hearings to review and comment on
the GMS Draft Implementation Plan: and
WHEREAS, on Wednesday, November 14, 1990, the Planning
Commission recommended to city council an extension of Ordinance
1512: and
WHEREAS, on Wednesday, November 28, 1990, the Planning
Commission approved a Notice of Intention to amend the Zoning
Ordinance: and
WHEREAS, on Wednesday, December 5, 1990, the Planning
commission conducted a noticed public hearing on the proposed
Zoning Ordinance Amendment as set for in Exhibit "A"; and
WHEREAS, on January 8, 1991, the City Council conducted a
noticed public hearing on the proposed Zoning Ordinance Agenda.
WHEREAS, expiration of the moratorium ordinance prior to
completion of a Growth Management strategy for the city would be
in conflict with the goals and work program of the GMS
Implementation Plan under consideration,
WHEREAS, the city Council finds that the proposed amendment
is consistent with the goals, objectives, policies, land uses,
and programs specified in the adopted General Plan in that this
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amendment will enable the Planning Commission and City Council to
initiate, thoroughly review, and evaluate studies that propose
modifications to the General Plan and Zoning Ordinance prior to
adopting such changes. If approved, changes will be incorporated
into the General Plan thereby creating documents that reflect the
current goals and policies of the city.
WHEREAS, the City Council finds that the public health,
safety, and general welfare require the adoption of the proposed
amendment in that interim standards are necessary to ensure the
existing infrastructure is not further stressed, to preserve the
existing character of the City and to prevent the further
worsening of the traffic situation, jobs/housing balance, and
environmental quality until comprehensive analysis, planning and
environmental studies are complete.
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 9120.6 of the Santa Monica Municipal Code
is amended to read as follows:
Section 9120.6. Interim Zoning
(a) without following the procedures otherwise
required prior to the adoption of a zoning ordinance as
provided for in sections 9120.1 through 9120.5, the City
council, to protect the public safety, health, or
welfare, may adopt as an urgency measure an interim
ordinance prohibiting any uses which may be in conflict
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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. That urgency measure shall require a majority
vote of the city council for adoption. The interim
ordinance shall be of no further force and effect 45
days from its date of adoption. After notice pursuant
to Subchapter lOX, and public hearing, the City council
may extend the interim ordinance for 10 months and 15
days and subsequently extend the interim ordinance for
up to three years. Any such extension shall also
require a majority vote for adoption.
(b) Alternatively, an interim ordinance may be
adopted by a majority vote following notice pursuant to
Subchapter 10K, section 9131, and public hearing, in
which case it shall be of no further force and effect 45
days from its date of adoption. After notice pursuant
to Subchapter 10K, Section 9131, and public hearing, the
City Council may by a majority vote extend the interim
ordinance for 46 months and 15 days.
(c) 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,
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or any other applicable entitlement for use which is
required in order to comply wi th a zoning ordinance
would result in a threat to public health, safety, or
welfare.
(d) Ten days prior to the expiration of an interim
ordinance or any extension, the City council shall issue
a written report describing the measures taken to
alleviate the condition which led to the adoption of the
ordinance.
(e) When any such interim ordinance has been
adopted, every subsequent ordinance adopted which covers
in whole, or a part of the same property shall be of no
further force or in effect.
(f) 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.
(g) The city Council as part of any interim
ordinance may adopt variance procedures to modify the
standards contained in the interim ordinance.
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
effect the provisions of this Ordinance.
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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 30 days from its adoption.
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS
city Attorney
aX27/adv
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Adopted and approved this 22nd day of January, 1991.
~fad
I hereby certify that the foregoing Ordinance No. 1561{CCS)
was duly and regularly introduced at a meeting of the city
council on the 8th day of January 1991; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 22nd day of January 1991 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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ci ty~ Cle-rk /'-
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