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