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SR-400-004-02 (4) II II" . CA:RMM:lldl08jhpc City Council Meeting 12-9-86 . Santa Monica, California Yoo-tJo~- o-z- ,?-3/?-C D[t - 9 1986 STAFF REPORT FROM: Mayor and City Council City Attorney TO: SUBJECT: Ordinance of the City Council of the City of Santa Monica Extending the Expiration Date of Ordinance Number 1319 (CCS) and Declaring the Presence of an Emergency 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. This ordinance expired on January 1, 1986. On December 17, 1985, the City Council adopted Ordinance Number 1352 (CCS) which extended the expiration date to January 1, 1987 due to the fact that the zoning Regulations of Article IX of the Santa Monica Municipal Code were not yet complete and therefore the interim procedures were still necessary. The accompanying ordinances have been prepared so that the expiration date of Ordinance Number 1319 (CCS) can be extended to January 1, 1988. Both ordinances contain identical language and accomplish the same goal. The difference between the ordinances is that one is an urgency measure and the other is not. It is reconunended that the City Council adopt an urgency measure in order that the Conditional Use Permit process pertaining to alcohol-related uses as established by Ordinance No. 1319 (CCS) not be interrupted for - 1 - ?-2fe. aEt -g t986 any period . of t~me. . It is further recommended that the Conditional Use Permit requirements applicable to alcohol-related uses pursuant to Ordinance No. 1319 (CCS) be extended by adoption of a non-urgency measure so that in the event of any challenge to the emergency findings, the ordinance will not be invalidated. RECOMMENDATION It is respectfully recommended that: 1. The accompanying emergency ordinance be introduced and adopted. 2. The accompanying ordinance in regular form be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy city Attorney - 2 - i . CA:RMM:lldl06/hpc city Council Meeting 12-9-86 . Santa Monica, California ORDINANCE NUMBER 1391 (CC S ) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE EXPIRATION DATE OF ORDINANCE NUMBER 1319 (CCS) AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, on November 13, 1984, the City Council adopted Ordinance Number 1319 (CCS) which established an Interim Condi tional Use Permi t Approval Process for New and Existing Alcohol-Serving Businesses; and WHEREAS, on December 9, 1986, Ordinance Number 1319 (CCS) was amended by Ordinance Number 1352 (CCS) to extend its expiration date; and WHEREAS, section 5 of Ordinance Number 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 - ..-.. ~ ., 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, 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 unconsti tutional 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 - . . Adopted and approved this 9th day of December, 1986. /11 tha~ore90in:a:::inance No. I hereby certi fy 1391(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 9th day of December 1986 by the following Council vote: Ayes: Councilmembers: Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: Finkel Absent: Councilmembers: None ATTEST: ~ c;)~ City Clerk