Loading...
SR-6-B (88) - ~ . (.-1' JAM 2 2 1991 CA:RMM:ax27b/hpadv/pc Clty council Meeting 1-22-91 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Amending Section 9120.6(a) of the Santa Monica Municipal Code Extending Time Periods for Interim Zoning At its meeting on January 8, 1991, the City council introduced for first reading an ordinance extending the time periods for interim zoning. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanYlng ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney ~ "-w JAN 2 2 1991 ----- - . - . CA:RMM:ax27/hpadv/pc City council Meeting 1-22-91 Santa Monlca, Californla ORDINANCE NO. l561(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 Councll adopted Ord1nance Number 1481 declaring the presence of an emergency and creating a cltywide 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 Commerclal Allotment Program (CAP); and WHEREAS, on February 13, 1990, the city Council revlewed the progress of the GMS work program, public participation process, tlmeline and future direction and moved to conduct a public hearing to extend the moratorium ordinance; and - 1 - - - ------ . ~ 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 extenslon of Ordinance 1512; and WHEREAS, on wednesday, November 28, 1990, the Plann~ng 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 hearlng on the proposed Zoning Ordinance Amendment as set for in Exhibit itA"; 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 ~s consistent with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that this - 2 - t 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 prlor to adopting such changes. If approved, changes will be incorporated lnto 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 Zoninq ( 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 - . "'. . . Adopted and approved this 22nd day of January, 1991. 0 ~<//(; It Mayor I hereby certify that the foregoing Resolution No. 8159(CCS) was duly adopted by the City council of the city of Santa Monica at a meeting thereof held on January 22, 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Ka t z , Olsen, Vazquez, Zane, Mayor Abdo Noes: councilmembers: none Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: -~ .~ , C' ~, / i /7~//Jl 6:\~ ~~ - ci ty cler~ . , . \ 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. (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 - --- . " imposed in connection with approval of this Tenant-Participating Con- version. This Written Consent has been approved by the City Attorney and the City Manager. Each participating tenant has been informed in writing of his or her rights under Article XX of the City Charter. The License Division reports that proper arrangements have been made to ensure payment of the Tenant-Participating Conversion Tax. The Final Map conforms to the Tentative Map. The Final Map has been certified by the city Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinances. The City AttorneyJs office has approved a Declaration of Covenants, Conditions, and Restrictions, or equivalent document, for this proj- ect as complying with the conditions of the Tentative Map and the Tenant-Participating Conversion. Council approval of a final map for a tenant-participating conversion represents one of the last steps necessary in the conversion process. Following City Council action and approval by the California Depart- ment of Real Estate the applicants may begin selling their units to the tenants. As each unit is sold a conversion tax per section 2008 of Article XX is due in an amount equal to twelve times the monthly maximum allowable rent for that unit. These taxes will be used to assist low and moderate income households to purchase or improve their units subject to affordable repayment per Section 2009 of Arti- cle xx. - 2 - . . . ... Adopted and approved this 22nd day of January, 1991- ~ ?4 Mayor I hereby certify that the foregoing Ordinance No. l561(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, Zanet Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: /~ ~ /. / ...--/ ,/ . .;;~ h.' r ---- City Cle-rk /-