Loading...
O2086 f:\atty\mu ni\laws\mjm\interimord inances2d-1 . wpd City Council Meeting 7-8-03 Santa Monica, California ORDINANCE NUMBER...2.QB.6 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.20.16.060 RELATING TO THE AMOUNT OF TIME INITIAL INTERIM ORDINANCES MAY REMAIN IN EFFECT WHEREAS, currently Santa Monica Municipal Code Section 9.04.20.16.060 provides that the initial term of an interim ordinance is 45 days from the date of adoption; and WHEREAS, since ordinances are not effective until 30 days after the adoption date, the initial term of an interim ordinance is only 15 days; and WHEREAS, if the provisions of the interim ordinance need to be extended, the extension ordinance must be introduced for first reading atthe same meeting thatthe initial interim ordinance is adopted in order to eliminate any gap between the expiration date of the initial interim ordinance and the effective date of the extension ordinance; and WHEREAS, the current time frame effectively precludes proposed modifications to the interim ordinance when the interim ordinance is being extended; and WHEREAS, by providing that the initial interim ordinance does not expire until 60 days from its effective date, simultaneous City Council review of the initial and extension ordinances will not be required and staff will have additional time to propose modifications 1 to the interim ordinance if necessary; and WHEREAS, while this timing problem can be alleviated somewhat by adopting either or both the interim ordinance and the extension ordinance on an emergency basis, it is not always appropriate for the City Council to make the findings necessary to do so; and WHEREAS, for the reasons articulated above, the proposed amendment is consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan, including but not limited to, Land Use and Circulation Element Objective 1.1, since this proposal will eliminate a potential gap between the initial interim ordinance and any extension to this ordinance, thereby ensuring that the protections provided by the interim ordinance do not lapse and the proposal will provide adequate time to consider modifications to the interim ordinance when necessary; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment since this proposal will eliminate a potential gap between the initial interim ordinance and any extension to this ordinance, thereby ensuring that the protections provided by the interim ordinance do not lapse and this proposal will provide adequate time to consider modifications to the interim ordinance when necessary, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Santa Monica Municipal Code Section 9.04.20.16.060 is hereby amended to read as follows: Section 9.04.20.16.060 Interim zoning. (a) Without following the procedures otherwise required prior to the 2 adoption of a zoning ordinance as provided for in Sections 9.04..20.16.010 through 9.04.20.16.050, the City Council, to protect the public safety, health, or welfare, may adopt an interim ordinance prohibiting or allowing any uses or establishing development standards which may otherwise be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal which the City Council, Planning Commission, or the Director of Planning is considering or studying or intends to study within a reasonable time. An interim ordinance may be adopted as an emergency ordinance pursuant to the provisions of Section 615 of the City Charter. An interim ordinance shall be of no further force and effect 60 days from its effective date. After notice pursuant to Part 9.04.20.22, and public hearing, the City Council may extend the interim ordinance for up to 50 months and 15 days. (b) The City Council shall not adopt or extend any interim ordinance pursuant to this Section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. (c) Nothing in this Section shall limit the power of the City Council, by virtue of the City Charter, to take necessary action to protect the public health, safety, or welfare. (d) The City Council as part of any interim ordinance, may adopt 3 variance procedures to modify the standards contained in the interim ordinance, and may establish procedures which differ from those contained in Part 9.04.20.20 and Part 9.04.20.22 of this Chapter. 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, is hereby repealed or modified to that extent necessary to effect 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 ofthis 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 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 4 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: MARSHA J City Attorney 5 Approved and adopted this 8th day of July, 2003. fZ-~~ Richard Bloom, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2086 (CCS) had its introduction on June 24, 2003, and was adopted at the Santa Monica City Council meeting held on July 8, 2003, by the following vote: Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz, Genser, Holbrook, O'Connor, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~A"'~' ~.,~~ Maria M. Stewart, City Clerk