Loading...
SR-400-004-02 e CA:RMM:rmd574jhpca City Council Meeting 11-10-87 - 8...8 NOV 1 0 1987 Santa Monica, California ~(JtJ -OtJ ~ --tJ "2- STAFF REPORT FROM: Mayor and City Council city Attorney Ordinance of the City Council of the city of Santa Monica Extending the Expiration Date of Ordinance Number 1319 (CCS) TO: SUBJECT: On November 13, 1984, the City Council adopted Ordinance Number 1319 (CCS) which established an interim Conditional Use Permit approval process for new and existing alcohol-serving businesses. On December 17, 1985, the City Council adopted Ordinance Number 1352 (CCS) which extended the expiration date to January 1, 1987. On December 9, 1986, the City Council adopted Ordinance Number 1391 (CCS), an emergency ordinance, which extended the expiration date to January 1, 1988. An emergency ordinance was considered necessary so that the Conditional Use Permit process pertaining to alcohol-related uses would not be interrupted for any period of time. On January 13, 1987, the City Council adopted Ordinance Number 1397 (CCS), a non-emergency ordinance, which extended the expiration date to January 11 1988. This non-emergency ordinance was considered necessary in the event that any challenges were made to the emergency findings. 8--8 NOV 1 0 1987 - 1 - . . These various extensions were necessary due to the fact that the revised zoning Ordinance was not yet complete and, therefore, interim procedures were still necessary. The accompanying ordinance has been prepared so that the expiration date of Ordinance Number 1319 (CCS) can be extended to January 1, 1989. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney - 2 - . CA:RMM:rmd575/hpca City Council Meeting 11-10-87 . Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE EXPIRATION DATE OF ORDINANCE NUMBER 1319 (CCS) WHEREAS, on November 13, 1984, the City council adopted Ordinance Number 1319 (CCS) which established an Interim Conditional Use Permit Approval Process for New and Existing Alcohol-Serving Businesses; and WHEREAS, on December 17, 1985, Ordinance Number 1319 (CCS) was amended by Ordinance Number 1352 (CCS) to extend its expiration date to January 1, 1987; and WHEREAS, on December 9, 1986, Ordinance Number 1319 (CCS) was amended by Ordinance Number 1391 (CCS), and emergency ordinance, to extend its expiration date to January 1, 1988; and WHEREAS, on January 13, 1987, Ordinance Number 1319 (CCS) was amended by Ordinance Number 1397 (CCS), a non-emergency ordinance, to extend its expiration date to January 1, 1988; and WHEREAS, Section 5 of Ordinance Number 1319 (CCS), as amended by Ordinance Number 1397 (CCS), provides that the ordinance will expire by its terms on January 1, 1988; and WHEREAS, Ordinance Number 1319 (CCS) was intended as an interim measure pending revision of the Zoning Regulations of - 1 - . . Article IX of the Santa Monica Municipal Code ("Zoning ordinance"); and WHEREAS, a revised Zoning Ordinance has been reviewed by the Planning Commission and will soon be considered by the city council; and WHEREAS, the expiration of Ordinance Number 1319 (CCS) would result in new alcohol-serving businesses that contribute to public inebriation and drunk driving, thereby actively affecting the public health, safety, and welfare: and WHEREAS, the findings and declarations contained in Ordinance Number 1319 (CCS) continue to exist at the present time, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5 of Ordinance Number 1319 (CCS) is amended to read as follows: SECTION 5. This ordinance shall remain in effect until January 1, 1989, after which time it shall be of no further effect and shall be deemed repealed. 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 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 - 2 - . . . 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 city 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 newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: O....-t,t-t-v-+ v-. ~ n ROBERT M. MYERS U city Attorney - 3 -