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SR-400-004-02 (2) , "l I CA:RMM:lldl08ajhpc city council Meeting 1-13-87 . Santa Monica, California !/tJe-- t/() t.( -- t!/ 2- ? -d- JAN 1 3 1987 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 December 9, 1986, the City Council introduced for first reading an ordinance extending the expiration date of Ordinance Number 1319, establishing an interim conditional Use Permit approval process for new and existing alcohol-serving businesses, to January 1, 1988. The accompanying ordinance is now presented to the City council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying emergency ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy city Attorney ~-e JAN 1 3 lqA7 I . 't" f CA:RMM:11d109/hpc City Council Meeting 1-13-87 Santa Monica, California ORDINANCE NUMBER 1397 (CCS) (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 Nnmher 1319 (CCS) which established an Interim Conditional Use Permit Approval Process for New and Existing Alcohol-Serving Businesses; and WHEREAS, on December 9, 1986, Ordinance Nl1mher 1319 (CCS) was amended by Ordinance Number 1352 (CCS) to extend its expiration date; and WHEREAS, Section 5 of Ordinance Numher 1319 (CCS), as amended by Ordinance Number 1352 (CCS), provides that the ordinance will expire by its terms on January 1, 1987; and WHEREAS, Ordinance Number 1319 (CCS) was intended as an interim measure pending revision of the zoning Regulations of Article IX of the Santa Monica Municipal Code ("Zoning Ordinance"); and WHEREAS, a revised Zoning Ordinance is being prepared by City Staff for review by the Planning Commission and City Council; and WHEREAS, the expiration of Ordinance Number 1319 (CCS) would result in new alcohol-serving businesses that contribute to - 1 - I . 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 ceCS) 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 C CCS) is amended to read as follows: SECTION 5. This ordinance shall remain in effect until January 1, 1988, 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 or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the 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 - 2 - . . - I . 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 adoptions. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ ,-. "---. - ROBERT M. MYERS 0 City Attorney - 3 - I . Adopted and appr "" Mayor Ordinance No. 1397 (CCS) was duly and regularly introduced at a meeting of the city Council on the 9th day of December 1986; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 13th day of January 1987 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: L~ City Clerk