A.

The purpose of this Chapter 21.50 is: (1) to define the nature of interim ordinances enacted to avoid development that would negate the impact of planning or zoning studies, or rezoning or regulation amendments relating to such studies, being considered or undertaken at the time of initiation of the interim ordinance; (2) to set forth the procedures under which such interim ordinances may be initiated and enacted; (3) to provide for notification of such enactment; and (4) to provide for termination of such interim ordinances in a timely manner. This Chapter sets forth the exclusive manner and means for enacting interim land use limitations in the City of Long Beach.

B.

As used in this Chapter 21.50, "interim ordinance" means an ordinance enacted pursuant to this Chapter as an emergency ordinance in the sense of Section 211 of the Charter of the City of Long Beach for the purpose of prohibiting or restricting certain land uses or the application of certain developmental standards and entitlements pending the completion of planning or zoning studies, rezonings or amendments to the zoning regulations as set forth in this Chapter.

C.

It is the intent of the City Council in enacting this Chapter that only prohibitory ordinances should be enacted and that the authority granted herein should not be utilized for affirmative/expansive zoning or planning provisions or for the purpose of giving immediate effect, outside regular procedures, to normal rezoning or zoning regulation amendments.

(Ord. C-7247 § 35 (part), 1994)

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)

A.

Immediately following adoption of a minute order as set forth in Subsection 21.50.020.B.1, the City Clerk shall immediately so notify the Director of Planning and Building who shall mail notice of such action to every applicant for a building permit then on file with and pending before the Department of Planning and Building that is or might be affected by such action or the ordinance to be considered pursuant to it.

B.

The notice shall set forth in full the motion and minute order so adopted and shall indicate, in bold-faced type, that the action and any interim zoning ordinance subsequently adopted may affect pending applications.

C.

The failure of any person to receive notification pursuant to this Section 21.50.030 shall not be construed to void or nullify the effect of any action taken pursuant to this Chapter.

(Ord. C-7247 § 35 (part), 1994)

A.

Notwithstanding any other provision of this Title 21, including, but not limited to, Section 21.10.060, and subject to the requirements of Sections 21.50.020 and 21.50.030, and following notice pursuant to Section 65090 of the California Government Code and public hearing, but without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an emergency ordinance in the sense of Section 211 of the Long Beach City Charter an interim ordinance prohibiting any uses or development standards which may be in conflict with a contemplated general plan, specific plan, rezoning or Zoning Regulation amendment or proposal which the legislative body, Planning Commission, or the Planning Department is considering or studying or intends to study within a reasonable time.

B.

The interim ordinance shall be of no further force and effect one (1) year from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may, by emergency ordinance, extend the interim ordinance for one (1) year.

C.

When any interim ordinance has been adopted pursuant to this Section, every subsequent ordinance adopted pursuant to this Section, covering the whole or a part of the same property and imposing the same or similar interim restrictions, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension of the ordinance as provided in this Section.

(Ord. C-7247 § 35 (part), 1994)

Any interim ordinance enacted or amended pursuant to this Chapter 21.50 may only take effect in the coastal zone without prior Coastal Commission review and approval where such an ordinance is not in conflict with the California Coastal Act and the City Council so finds at the time of adoption of the ordinance or amendment of the ordinance. In all other instances, including ordinances which propose to selectively prohibit either certain types of uses or uses in portions of the coastal zone while authorizing approval of other uses, or ordinances which propose to selectively prohibit the application of certain development standards in any or all portions of the coastal zone, the City may not prohibit the uses or development standards identified in the local coastal program within the coastal zone until the ordinance is submitted to the Coastal Commission and approved pursuant to California Public Resources Code, Section 30514.

(Ord. C-7319 § 1, 1995: Ord. C-7247 § 35 (part), 1994)