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SR-400-004-02 (3) e- ee tfctJ..-- ()O t/ ~ 0 2- ?-B DEe 1 7 t985 CA:RMM:JSH:jhord4s 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 - 1 - f!B 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 - 1 - ___~LOI'~, 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 - 2 - .. -. 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: ~ ~.--.. y- - ROBERT M. MYERS city Attorney - 3 - e- ee . . Adopted and approved this 17th day of December, 1985. lIP 1 /J n ~~(~ - ~ 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: t::~L,."e- 77, ~/~ { CIty Cl'erk