SR-6-B (88)
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JAM 2 2 1991
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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
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JAN 2 2 1991
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CA:RMM:ax27/hpadv/pc
City council Meeting 1-22-91 Santa Monlca, Californla
ORDINANCE NO. l561(CCS)
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(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
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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
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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
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Adopted and approved this 22nd day of January, 1991.
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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:
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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.
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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.
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Adopted and approved this 22nd day of January, 1991-
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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:
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