SR-011993-8aLUTM:PPD:PB:SF:DM
w/ textanncc
COUNCIL MEETING: January 19, 1993
T~: Mayor and City Council
FROM: City Staff
~
.! ~`~ ~~ ~ - ;~~3
Santa Monica, California
SUBJECT: Ordinance for Tntroduction and First Reada.ng Modifying
Part 9.04.20.16.050 of the City Qf Santa Monica
Municipal Code to Allaw the City Council to Extend an
Interim Ordinance for up to 50 Months and 15 Days.
INTRODUCTXON
This report recommends that the City Council introduce for first
reading an ordinance. to amend the Zaning Ordinance to clarify
the por~ion of the Zoning Ordinance re].ated to interim zoning and
to allow an intarim ordinance to be ext~nded far up to 50 months
and 15 days.
BACKGROUND
In May 1989, the City Council adopted an interim ordinance which
placed a moratorium on most new commercial development. This
moratorium is scheduled to expire an February 26, 1993 and no
further extensions can be approved unless the Zoning Ordinance is
amended. Currentiy staff is working on a recommendation to City
Council on the new commercia~ deveiapment standards to be
implemented once the moratorium expires. Tn order for the
Planning Commission and City Council to aet befare the current
moratorium expires, it would have been necessary for Gouncil to
provide staff and the City Attorney with direction to prepare the
ardinances that implement the new standards by the end of
November. Therefore, on November 10th, 1992, the City Council
.~
- 1 - ~ `~ ~. ~ `•~ ~1
initiated a resolution of intention to amend the Zoning Ordinance
allowing for a 120 day extensian to the moratorium. The Planning
Commission canducted a public hearing on the Zoning Ordinance
text amendment on January 13, 1993.
In order to accamplish the extension ta the moratorium, it is
necessary for the Council to amend the enabling section af the
Zoning Ordinance which ~stablishes procedures and time limits far
interim ordinances. The Zoning Ordinance allows for interim
ordinances ta be in effect for a maximum of four years. Since
the staff work is virtually comp~eted at this time, what is left
is the public review and decision process. Staff believes that
an additianal 120 days should be sufficient to allow the Council
and the public to study the EIR and other related material, hold
hearings, and give final direction to staff to implement any new
development standards.
The procedure ta accomplish this extension is for the City
Cauncil to amend the section of the Zoning Ordinance which
establishes the time limit for interim zoning and adopt an
ordinance extending the existing commercial develapment
moratorium. In additian to modifying the time limits for the
moratorium ordinance, staff is recommending several modif~eations
to the ordinance in order to clarify the intent and meaning of
the code section. Staff is recommending the deletion of Section
(d} of the interim xaning provisions which requires the City
Council to issue a written report describing the measuxes taken
to alleviate the condition which led to the adoption af the
~ 2 -
ordinance. Staff feels this information would already be
contained in the related staff report. In addition, staff is
recommending the deletion of Section (e) of the interim zaning
provisions. This sectian, which states that when a interim
ordinance is adopted, every subsequent ordinance adopted which
covers in whale or part of the same property shall be of no
further force or in effect, is confusing and the meaning is
unclear. Therefore, for clarity, staff is recommending deletion
of this section.
PLANNING COMMISSrON AGTION
At the Planning Commission meeting of January 13, 1993 the
Commission rBCamm~nd@d approval of the proposed change to the
zaning Ordinance permitting a 120 day extension of the existing
commercial development moratorium.
BUDGET~FINANCIAL IMPACT
The recommendation presented in th~s report does not have any
budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council introduce far first
reading the attached ordinance which will amend the Zoning
Ordinance to allaw an interim ordinance to be in effect for up to
50 months and 15 days.
Prepared By: Paul Berlant, Director af LUTM
5uzanne Frick, Planning Ma~ager
David Martin, Associate Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments: A. Ordinance amending Section 9.04.20.16.060
- 3 -
~~fiACH~~~ A
CA:MHS;a9120/hp/pc
City Council Meeting 1-19-93 Santa Monica, Californ~a
QRDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL dF THE
CITY OF SANTA MONICA AMENDING SANTA MONTCA
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 an January 13, 1993 and
recommended amendment to Santa Manica Municipal Code Sectian
9.04.20.16.06~ 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 Cauncil finds that the pub~ic health,
safety, and general welfare require the adoption of the proposed
amendment;
NOW, THEREFORE, THE CITY C~UNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION l. Santa Moniea Municipal
9.04.20.16.060 is amended ta read as fal~ows:
Code Section
- 1 -
9.04.20.16.060 Interim Zoninq.
(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
9.44.20.16.050, the City Council, to
protect the public safety, health, ar
welfare, may adopt an interim ordinance
prahibiting or allowing any uses ar
establishing development standards which
may otherwise be in conflict with a
contemplated Generai Plan, Specific Plan,
or zoning prapasal which the City Council,
Planning Commission, or the Directar 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 ta the
provisions of Sectian 615 of the City
Charter. An interim ordinance shall be of
no further force and effect 45 days from
its date af adoptian. After notice
pursuant to Part 9.04.20.22, and puhZic
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 ardinance pursuant to
this Section unless the o~dinance contains
a finding that there is a current and
immediate threat ta the public health,
safety, or welfare, and that the approval
of additional subdivisions, use permits,
variances, building permits, or any other
applicable entitlement far use which is
required in arder to comply with a zoning
ordinance wauld result in a threat to
public health, safety, or welfare.
(c) Nathing in this Section sha~l
limit the power of the City Council, by
virtue af the City Charter, to take
necessary action ta pratect the public
healthy, safety, or welfare.
(d} The City Council as part of any
interi~ ordinance, may adopt variance
pracedures to modify the standards
contained in the interim ardinance, 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 inconsistsncies and no
further, are hereby repealed or modified to that extent necessary
ta affect the provisions of this Ordinance.
SECTIDN 3. If any section, subsection, sentence~ clausa,
or phrase ot this Ordinance is for any reason held to be invalid
or unconstitutional by a decision af any court of any ca~petent
jurisdictian, such decision shall nat affect the validity af the
remaining port~ons of this 4rdinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval.id ar uncanstitutional 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 th~ same ta be published once in the afficial
newspaperwithin 15 days after its adoption. This Ordinance shall
becoma effective after 30 days from its adoption.
APPROVED AS TO FORM:
/~ ,
~ d~( C 7
J SE'g~i L~nTRENCE
A ting City Attorn~y
- 4 -