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
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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
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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
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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
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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
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Approved and adopted this 8th day of July, 2003.
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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:
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Maria M. Stewart, City Clerk