§ 21.50.020. Conditions for initiation.

A.

All interim ordinances pursuant to this Chapter may be enacted if and only if conditions are found by the City Council to exist at the time of adoption as follows:

1.

Existing zoning permits one (1) or more uses or development standards which are or may be in conflict with a contemplated general plan, specific plan or zoning proposal that the City Council, Planning Commission or Planning staff is considering or studying; or

2.

The City Council, Planning Commission or Planning Department has formally initiated such a study which it intends to complete within a reasonable time; or

3.

A rezoning or Zoning Regulation amendment has been formally initiated which, if enacted, will be in conflict with existing zoning or regulations; and

4.

The City Council has specifically identified the precise nature of the proposed study, rezoning or Zoning Regulation amendment and the geographic area or areas which will be or may be affected by the study, rezoning or amendment.

5.

Where any interim ordinance enacted or amended would take effect in the Coastal Zone, the City Council has made findings as required by Section 21.50.050.

B.

Method of Initiation. The City Council may initiate all interim ordinances presented to this Chapter by:

1.

Adopting a minute order pursuant to agenda request to: (a) initiate a rezoning, Zoning Regulation or General Plan amendment, specifying the precise nature, location and impact of the rezoning or amendment; and (b) requesting the City Attorney, in cooperation with the Department of Planning and Building, to prepare an interim zoning ordinance pursuant to this Chapter 21.50 for notice and placement on the City Council agenda for hearing at its third meeting next following such adoption;

2.

At the third City Council meeting following said action, the City Council shall, after hearing, consider adoption of the ordinance so prepared, which ordinance shall include an estimate of the time needed to complete the processing of the rezoning or amendment and any necessary studies undertaken relating to those actions. The City Clerk shall immediately notify the Director of Planning and Building of the action taken at such meeting;

3.

During the period between initiation of an action pursuant to this Section and the adoption or rejection of an ordinance pursuant to Subsection 21.50.020.B.2, no application shall be accepted for, nor shall any permit or other entitlement for use of any kind be issued for, any project or proposed use inconsistent or in conflict with the initiated action. Any application accepted contrary to the provisions of this Section shall be returned, with refunded filing fee, to the applicant upon discovery of the mistaken acceptance.

(Ord. C-7319 § 2, 1995; Ord. C-7247 § 35 (part), 1994)