SR-400-004-02 (3)
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city Council Meeting 12-17-85
Santa Monica, California
STAFF REPORT
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Emergency Ordinance Extending Expiration Date of
Ordinance Number 1319 (CCS) Relating to Conditional
Use Permits for Alcohol Outlets
At its meeting on December 10, 1985, the city Council
directed the city Attorney to prepare an emergency ordinance
extending the expiration date of Ordinance Number 1319 (CCS). In
response to this direction, the accompanying ordinance has been
prepared and is presented for City Council consideration.
Ordinance Number 1319
(CCS)
established an interim
conditional use permit approval process for new and existing
alcohol-serving businesses. The proposed ordinance would merely
extend the expiration date of Ordinance Number 1319 (CCS) for a
period of one year. The proposed ordinance includes an urgency
provision
so
that the ordinance
will become
effective
immediately.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced and adopted.
PREPARED BY: Robert M. Myers, city Attorney
Jonathan S. Horne, Deputy City Attorney
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DEC 1 7 1985
EXPIRATION DATE OF ORDINANCE NUMBER 1319 (CCS)
AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, on November 13, 1984, the ci ty Council adopted
Ordinance Number 1319
(CCS) which established an Interim
Condi tional Use Permit Approval Process for New and Existing
Alcohol-Serving Businesses: and
WHEREAS, section 5 of Ordinance Number 1319 (CCS) provides
that the ordinance will expire by its terms on January 1, 1986:
and
~'ffiEREAS, 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
Counci:; and
WHEREAS, the expiration of Ordinance Number 1319 (CCS)
would result in new alcohol-serving businesses that contribute to
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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 at 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
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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. This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the
santa Monica City Charter and is necessary for preserving the
public peace, health, and safety, and the urgency for its
adoption is set forth in the findings above.
SECTION 5. 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 fifteen (15) days after its adoption.
This ordinance
shall become effective on the date of its adoption, pursuant to
Section 619 of the Santa Monica City Charter.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 17th day of December, 1985.
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jMaYOr
I hereby certl fy that the foregoing Ord inance NO'. 1352 (CCS)
was duly and regularly intrO'duced at a meeting of the City
CouncIl on the 17th day of December 1985; that the said Ordinance
was thereafter dUly adopted at a meetIng of the CIty Council on
the 17th day of December 1985 by the following Council vote:
Ayes: Councilmembers:
Conn, Epstein, Jennings, A. Katz,
H. Katz, Zane and Mayor Reed
Noes: Councilmembers:
None
Abstain: Councllmembers:
None
Absent: Councilmembers:
None
ATTEST:
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CIty Cl'erk