O1004
~.
CA RLK:SIS:]st
e
8-S-75
e
~ - s,----"l
ORDINANCE NO.
1004 (CCS)
(City Council Serles)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING
AND FURTHER DECLARING A MORATORIUM
ON CONSTRUCTION ON AND THE ISSUANCE
OF BUILDING PERMITS FOR ALL PROPERTY
LYING WITHIN THE AREA WESTERLY OF
OCEAN AVENUE OR NEILSON WAY, EXCEPT
FOR THAT PROPERTY INCLUDED WITHIN THE
OCEfu~ PARK REDEVELOPMENT PROJECT AND
PALISADES PARK AND DECLARING THE
EXISTENCE OF AN ENERGENCY.
WHEREAS, a morator~um has been previously imposed
wlth~n the area hereinafter descr~bed, and it is necessary to
allow more t~me for the completlon of plans relatlng to future
beach front development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L
A moratorlurn is hereby placed on the
erectlon, construction, enlargement, alteration, mov~ng, improvement
or conversion, of any bu~ldlng or structure in the area descrlbed
as follows:
"All that property bounded on the east
by Ocean Avenue or Neilson Way and on
the west by the Paclflc Ocean, and on
the north and on the south by the City
lim~ts respectively: exceptlng that
property conslsting of the Ocean Park
Redevelopment ProJect and that property
consist~ng of palisades Park."
SECTION 2.
This Councll flnds and deterffilnes that
sald moratorlurn must be lmposed in order to preserve the character
of sa~d area pendlng the development of plans relat~ng to future
-1-
~
e
e
beach front development which do not anticipate development ln
accordance wlth the eXlsting zoning patterns presently appl~cable
to the area descr1bed 1n Sectlon 1 hereof, and the best interests
of the community require that further construct~on and development
1n said area be curta11ed until such t~me as the use regulatlons
for said area have been brought into conformance w~th completed
plans for community development in said area.
SECTION 3. The Department of Building is hereby
ordered and d~rected not to lssue any permits for the erect~on,
construction, enlargement, alteration, moving, 1mprovement or
cOnverS20n of any bUl1ding or structure in the aforesaid area
during the effective per~od of this ordinance, to wit: unt~l
February 12, 1976; exceptlng that such permits may be issued
for proJects which do not exceed $5,000.00 in est2mated value
and excepting that such permits may be ~ssued for purposes of
required repair and malntenance.
SECTION 4. No person shall commence construction
of any proJect ln excess of $S,OOO.OO ln actual or est~mated
value in the aforesa~d area during the effectlve perlod of this
ordinance, to wit: until February 12, 1976, whether or not such
person possesses an exist1ng building permit as of the effect~ve
date of this ordinance.
SECTION 5. The City Councll may grant a varlance
from the provislons of this moratorlum ordinance subject to a
finding of the followlng:
1. That the strlct application of the provislons
of thlS morator~um would result ln practical dlfflculties or
unnecesScry hardships inconslstent with the general purpose and
intent of the moratorium; and
2. That there are exceptional clrcumstances or
conditlons appl~cable to the property involved or to the intended
-2-
e
e
use or development of the property that do not apply generally
to other property in the area covered by the moratorium; and
3. That the grant~ng of a var~ance would not
be materially detrimental to the publlC welfare or purposes of
thlS moratorium are inJurious to the property or lmprovements
in the morator1um area.
SECTION 6. Any prov~slon of the Santa Mon~ca
Mun~c~pal Code or append~ces thereto inconsistent herewlth, to
the extent of such ~ncons~stencles and no further, 18 hereby
suspended for the area described hereln during the moratorium
perlod.
SECTION 7. If any sect~on, subsection, sentence,
clause or phrase of th~s ord~nance is for any reason held to be
~nvalld or unconst~tut~onal by a dec~5~on of any court of competent
]urlsdiction, such dec~slon shall not affect the validlty of the
remain~ng portions of the ord~nance. The City Councll hereby
declares that it would have passed th~s ord~nance and each sect~on,
subsection, sentence, clause or phrase hereof irrespectlve of the
fact that anyone or ~ore sect~onsl subsections, sentences, clauses
or phrases be declared ~nvalid or unconstitutlonal.
SECTION 8. This Council hereby f~nds and determines
that lt is urgent for thlS ordlnance to take effect upon its
adoptlon for the follow~ng reasons:
The State Coastal Zone Conservat~on Commlssion
lS presently formulatlng a statew~de plan for beach property
development.
The C~ty 15 presently preparing a beach master
plan wh~ch wlll encompass uses for the area descr~bed 1n th~s
ordlnance dlfferent from those uses presently allowable in sa~d
area.
The 1ssuance of new bU1lding pernlts or the
-3-
e
e
commencement of construction under eXlstlng building permits
may cause severe detr1ment to the formulat~on and ~nst~tution
of sa1d plans, and
It 1S l~~lnently necessary to reta1n the eXlst~ng
character of the beach area, as described hereinabove, as lt
presently eXlsts so that a workable beach area master plan may
be formulated and instltuted: any new construction in the area
described ~n this ord1nance wlll alter the character of the
area affected by the moratoriu~, and cause irreversable harm
to future development plans for the area.
For these reasons, this ordinance lS necessary
as an emergency measure to preserve public peace, health and
safety.
SECT ION 9.
The Mayor shall slgn and the Clty Clerk
shall attest to the passage of th~s ordinance. The City Clerk
shall cause the same to be publ~shed once ln the offlcial newspaper
w1thln flfteen (15) days after its adopt~on. ThlS ordlnance
shall become effectlve, pursuant to Sectlon 619 of the City
Charter, upon lts adoption.
ADOPTED and APPROVED this 12th day of
August
1975.
, ~
.-;y~ /#~
Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA MONICA
I do hereby cert~fy that the foregoing ordinance was
-4-
'-
e
e
duly and regularly introduced at a meeting of the City Council
on the 12th day of
August
, 1975; that
thereafter the sald ordlnance was duly adopted at a meetlng of
the City Counc~l on the
12.!;:h, day of
, 1975,
AW2:ust.
by the followlng vote:
AYES;
councilmember: Cohen, Judson, McCloskey, Reed,
Swink, van den Steenhoven, Trives
NOES:
Councilnember: None
ABSENT:
Councilmember: None
./(~.46
C1t;Yrk .
APPROVED AS TO FORM: I
/2 ,1, 1../// I'
e . ! J
, J ., U I' / )-
~ / ~~~, J ! f~_,-(l>,f:;f.j/::_&-,,-
\/ City Attoin~y! ____
-S-