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
..