ITEM 9-B
COUNCIL MEETING: November 10, 1992 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation To Adopt A Resolution Of Intention To
Amend The Zoning Ordinance To Allow For A 120 Day
Extension To The Existing Commercial Development
Moratorium
INTRODUCTION
This report recommends that the City Council adopt a resolution
of intention (Attachment B) to amend the Zoning Ordinance in
order to permit a 120 day extension of the existing commercial
development moratorium. The Zoning Ordinance must be amended in
order to extend the moratorium beyond the February 26, 1993
expiration date.
BACKGROUND
In May 1989, the City Council adopted an interim ordinance which
placed a moratorium on most new commercial development. This
moratorium is scheduled to expire on February 26, 1993 and no
further extensions can be approved unless the Zoning Ordinance is
amended. The staff and Planning Commission are working on a
recommendation to City Council on the new commercial development
standards to be implemented once the moratorium expires. In
order for the Commission and Council to act before the current
moratorium expires, Council needs to provide staff and the City
Attorney with direction to prepare the ordinances that implement
the new standards by the end of the month. The Council must give
such direction in order for the staff and City Attorney to
prepare the ordinances for a Council hearing and first reading on
January 12, 1993. (The second reading would be scheduled for
January 26, 1993, with effective date of the new ordinance being
February 25, 1993, one day before the end of the moratorium.)
The type and nature of the Council decision is quite substantial.
Staff has prepared an EIR which looks at significant reductions
in allowable floor area ratios for most commercial zoning
districts, considers requiring the inclusion of residential
development along with all or most commercial development and
also examines the issue of converting a significant portion of
the C5 and M1 districts to a new zoning district which would
allow high density residential with only minimal commercial
development to serve the new residential areas.
A recommendation has been made to the Planning Commission which
has generated considerable discussion on this subject. Under the
current schedule, the Commission's recommendation would come to
the Council less than one week prior to Council's action and the
Council would have only one meeting to consider the issue.
EXTENSION OF THE MORATORIUM
Rather than put the Council in the position of having to consider
and make such an important and long range decision in one
meeting, staff recommends that the Council consider the
alternative of extending the current moratorium past the February
26, 1993 deadline. By extending the moratorium, Council could
use the months of December and January to fully consider the
proposed development alternatives. Council would then have
sufficient time to instruct the staff and City Attorney to draft
the appropriate ordinances and consider them at subsequent public
hearings in February or March.
In order to accomplish this extension, however, it is necessary
for the Council to amend the enabling section of the Zoning
Ordinance which establishes procedures and time limits for
interim ordinances. The Zoning ordinance allows for interim
ordinances to be in effect for a maximum of four years. Since
the staff work is virtually completed at this time, what is left
is the public review and decision process. Staff believes that
an additional 120 days should be sufficient to allow the Council
and public to study the EIR and other related material, hold
hearings, and give final direction to staff to implement any new
development standards.
The procedure to accomplish this extension is for the Council to
adopt the attached resolution of intention and direct the
Planning Commission to conduct a public hearing on the Zoning
Ordinance amendment related to interim ordinance time limits.
The Zoning Ordinance amendment would then return to the City
Council for adoption in December along with an ordinance to
extend the existing moratorium. Should the Council direct the
initiation of this amendment, staff would follow the attached
schedule (Attachment A). In the event the Council does not grant
an extension to the interim ordinance, the Council would need to
provide staff with direction to prepare the ordinance
implementing the future development standards by the end of
November.
BUDGET/FISCAL IMPACT
This recommendation will have no budgetary impact. Staff will
complete the work made necessary by this recommendation.
RECOMMENDATION
It is recommended that the Council adopt the attached resolution
of intention and direct the Planning Commission to conduct a
public hearing on the proposed amendment to Part 9.04.20.16.050
(b) of the Zoning Ordinance thus permitting the extension of the
commercial moratorium from the February 26, 1993 expiration date
to June 26, 1993.
Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments: A) Revised Schedule For Adoption of The Future
Commercial Development Standards
B) Proposed Resolution Of Intention
PROPOSED TIMELINE
Date Action
November 10, 1992 City Council adoption of the
resolution of intention to
amend the ZO to extend the
moratorium
December 16, 1992 Planning Commission hearing
on the ZO amendment related
to extending the moratorium
January 12, 1993 City Council hearing and
first reading of ordinance
amending ZO
City Council hearing and
first reading extending
the moratorium
City Council hearing and
discussion on proposed
commercial development
standards
January 26, 1993 Second reading of ordinance
amending the ZO and
moratorium extension
City Council discussion
on the proposed commercial
developemnt standards
February 23, 1993 City Council direction to
staff and the City attorney
to prepare revisons to the
ZO commercial standards
March 23, 1993 City Council hearing and
first reading of ordinance
implementing new commercial
standards
April 13, 1993 Second reading of ordinance
implementing new commercial
development standards
May 13 , 1993 New standards become
effective