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SR-9-B (16) . , q-B . LUTM: SF: PB NQV -I (l 1M2 >;;j w/morextl COUNCIL MEETING: November 10, 1992 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Recommendation To Adopt A Resolution of Intention To Amend The Zoning Ordinance~To Allow For A 120 Day Extension To The Existing Commercial Development Moratorium INTRODUCTION This report recommends that the City Council adopt a resolution of intention (Attachment B) to amend the Zoning Ordinance in order to permit a 120 day extension of the existing commercial development moratorium. The Zoning Ordinance must be amended in order to extend the moratorium beyond the February 26, 1993 expiration date. 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 on February 26, 1993 and no further extensions can be approved unless the Zoning Ordinance is amended. The staff and Planning Commission are working on a recommendation to City council on the new commercial development standards to be implemented once the moratorium expires. In order for the commission and Council to act before the current - 1 - q-8 NQV . 1 1;: '\ .. 0'". ~ V ~i,:" - - - --.- .....--- - - -- --_____-'H~-.:r--~_ ~ -- -. _...~-..-..-_- ~---- - -- --- , moratorium expires, Council needs to provide staff and the City Attorney with direction to prepare the ordinances that implement the new standards by the end of the month. The Council must give such direction in order for the staff and city Attorney to prepare the ordinances for a council hearing and first reading on January 12, 1993. (The second reading would be scheduled for January 26, 1993, with effective date of the new ordinance being February 25, 1993, one day before the end of the moratorium.) The type and nature of the council decision is quite substantial. staff has prepared an EIR which looks at significant reductions in allowable floor area ratios for most commercial zoning districts, considers requiring the inclusion of residential development along with all or most commercial development and also examines the issue of converting a significant portion of the C5 and HI districts to a new zoning district which would allow high density residential with only minimal commercial development to serve the new residential areas. A recommendation has been made to the Planning Commission which has generated considerable discussion on this subject. Under the current schedule, the Commission's recommendation would come to the Council less than one week prior to Council's action and the Council would have only one meeting to consider the issue. EXTENSION OF THE MORATORIUM Rather than put the Council in the position of having to consider - 2 - - --~ ~~ ---~~ . , and make such an important and long range decision in one meeting, staff recommends that the council consider the alternative of extending the current moratorium past the February 26, 1993 deadline. By extending the moratorium, Council could use the months of December and January to fully consider the proposed development alternatives. Council would then have sufficient time to instruct the staff and city Attorney to draft the appropriate ordinances and consider them at subsequent public hearings in February or March. In order to accomplish this extension, however, it is necessary for the Council to amend the enabling section of the Zoning Ordinance which establishes procedures and time limits for interim ordinances. The Zoning ordinance allows for interim ordinances to be in effect for a maximum of four years. Since the staff work is virtually completed at this time, what is left is the public review and decision process. staff believes that an additional 120 days should be sufficient to allow the council and 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 to accomplish this extension is for the council to adopt the attached resolution of intention and direct the Planning Commission to conduct a public hearing on the Zoning Ordinance amendment related to interim ordinance time limits. The Zoning Ordinance amendment would then return to the city - 3 - - -. Council for adoption in December along with an ordinance to extend the existing moratorium. Should the Council direct the initiation of this amendment, staff would follow the attached schedule (Attachment A) . In the event the Council does not grant an extension to the interim ordinance, the Council would need to provide staff with direction to prepare the ordinance implementing the future development standards by the end of November. BUDGET/FISCAL IMPACT This recommendation will have no budgetary impact. staff will complete the work made necessary by this recommendation. RECOMMENDATION It is recommended that the Council adopt the attached resolution of intention and direct the Planning Commission to conduct a public hearing on the proposed amendment to Part 9.04.20.16.050 (b) of the Zoning Ordinance thus permitting the extension of the commercial moratorium from the February 26, 1993 expiration date to June 26, 1993. Prepared By: Paul Berlant, Director of LUTM Suzanne Frick, Planning Manager Land Use and Transportation Management Department Program and Policy Development Division Attachments: A) Revised Schedule For Adoption of The Future Commercial Development standards B) Proposed Resolution Of Intention - 4 - - - - - -- ...-~- ATTACHMENT A - . . - --- - --- --- ............-......- - -.......;:...:--- n - - -- PROPOSED TlMELINE Date Action November 10, 1992 City Council adoption of the resolution of intention to amend the ZO to extend the moratorium December 16, 1992 Planning commission hearing on the ZO amendment related to extending the moratorium January 12, 1993 city council hearing and first reading of ordinance amending ZO city Council hearing and first reading extending the moratorium City council hearing and discussion on proposed commercial development standards January 26, 1993 Second reading of ordinance amending the ZO and moratorium extension City council discussion on the proposed commercial developemnt standards February 23, 1993 City Council direction to staff and the City attorney to prepare revisons to the ZO commercial standards March 23, 1993 city council hearing and first reading of ordinance implementing new commercial standards April 13, 1993 Second reading of ordinance implementing new commercial development standards May 13 I 1993 New standards become effective - 5 - ----- ~~- - - ---~~~-~- - -. - - ~ , ATTACHMENT B - . . "'''''"'-- ~~' ....i _ .. J - -- - . RESOLUTION NO. B499(CCS) ~ (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DIRECTING THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section 1. Pursuant to the Santa Monica Municipal Code Section 9.04.20.16.020, the City council does hereby direct the Planning Commission to initiate an amendment to the City of Santa Monica Comprehensive Land Use and Zoning Ordinance Part 9.0~.20.16.060(b) as contained in Attachment A. Section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: \c -'>- /) ~ "- "- ~'--- ~~sePh La~rence Acting City Attorney wjresmor - - ----- - --- . , , ATTACHMENT A (b) Alternatively, an interim ordinance may be adopted by a majority vote following notice pursuant to Part 9.04.20.22, Sec~ions 9.04.20.22.010 and public hearing, in which case it shall be no further force and effect 45 days from its date of adop~ion. After notice pursuant to Part 9.04.20.22, section 9.0~.20.22.010, and pUblic hearing, the City Council may by majority vote extend the interim ordinance for up to 50 months and 15 days. ~ - , . . Adopted and approved this loth day of November, 1992. I hereby certify that the foregoing Resolution No. 8499(CCS) was duly adopted by the City Council of the city of Santa Monica at a meeting thereof held on November 10, 1992 by the following Council vote: Ayes: Councilmembers: Abdo , Genser, Holbrook, Ka tz , Olsen, Vazquez, Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~~f LZ~ --- -- City Clerk - / -