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O1561 e e 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 - 1 - e It 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 - 2 - e e 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 - 3 - e e 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, - 4 - e e 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. - 5 - e e 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 - 6 - e . 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: /L/~ ci ty~ Cle-rk /'- ---