Loading...
O1665 CA:MHS:a9120/hp/pc city Council Meeting 1-26-93 Santa Monica, California ORDINANCE NUMBER 1665(CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.20.16.060 REGARDING INTERIM ZONING WHEREAS, the Planning Commission of the City of Santa Monica held a duly noticed public hearing on January 13, 1993 and recommended amendment to Santa Monica Municipal Code SectIon 9.04.20.16.060 regardIng interim zoning: and WHEREAS, the City Council finds that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan: and WHEREAS, the city Council finds that the public health, safety, and general welfare require the adoptIon of the proposed amendment: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION l. Santa Monica Municipal Code Section 9.04.20.16.060 is amended to read as follows: .. - 1 - 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 Section 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 45 days from its date of adoption. 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. - -2 - (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 permi ts , 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 healthy, 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. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of - 3 - 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 ci ty 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 newspaperwithin 15 days after its adoption. This Ordinance shall become effectIve after 30 days from its adoptIon. APPROVED AS TO FORM: r-. _../J. .. ()~~ JOSEPH LAWRENCE Acting City Attorney ... - 4 - Adopted and approved this 26th day of January, 1993. ~JlL, Mayor I hereby certify that the foregoing Ordinance No. 1665 (CCS) was duly and regularly introduced at a meeting of the City Council on the 19th day of January 1993; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 26th day of January 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: L~~ -- City Clerk ..