SR-400-004-02
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CA:RMM:rmd574jhpca
City Council Meeting 11-10-87
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NOV 1 0 1987
Santa Monica, California
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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
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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
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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
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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
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. .
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
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