O1009
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CA R1ItSIS:DTO:Jst
8-19-75
Rev.l
e
ORDINANCE NO.
1009 (CCS)
(C~ty Council Ser~es)
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 PEill1ITS FOR ALL PROPERTY LYING
WITHIN THE AREA WESTERLY OF AN ALIGNMENT
OF PALISADES BEACH ROAD, APPIAN WAY, OCEAN
AVENUE SOUTH OF PICO BOULEVARD AND BARNARD
WAY.
WHEREAS, a morator~Um has been prev~ously ~mposed
with~n the area hereinafter described, and it is necessary to
allow more time for the completion of plans relating to future
beach front development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
A moratorlUffi lS hereby placed on the
erection, construct~on, enlargement, alteration, moving, lmprove-
ment or conversion, of any building or structure in the area
described as follows:
"All that property bounded on the east by an
alignment of Palisades Beach Road, Appian Way,
Ocean Avenue south of Pica Boulevard and Barnard
Way, and on the north and on the south by the
C~ty Llm~ts respectively. II
SECTION 2.
This Counc~l finds and determines that
sald moratorium must be ~IDpc)sed in order to preserve the character
of sa~d area pending the development of plans relating to future
beach front development WhlCh do not antic~pate development in
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accordance wlth the eXlstlng zonlng patterns presently appl~cable
to the area descrlbed ln Sectlon 1 hereof, and the best ~nterests
of the community require that further construction and development
1n sa~d area be curtalled untll such t1me as the use regulations
for sald area have been brought lnto conformance wlth completed
plans for cornmun~ty development ln said area.
SECTION 3. The Department of BUllding 15 hereby
ordered and directed not to issue any permits for the erectlon,
construct~on, enlargement, alterat1on, TIoving, ~~provement or
converSlon of any bu~ldlng or structure In the aforesald area
dur~ng the effectlve period of thls ordlnance, to wit: until
February 12, 1976; excepting that such per~its may be ~ssued
for projects WhlCh do not exceed $5,000.00 ln estimated value
and exceptlng that such permlts may be lssued for purposes of
requ1red repalr and maintenance.
SECTION 4. No person shall commence construct1on
of any proJect in excess of $5,000.00 in actual or estlmated
value 1n the aforesa1d area dur~ng the effectlve perlod of thlS
ordlnance, to Wlt: untll February 12, 1976, whether or not such
person possesses an eXlst~ng bUlld1ng permit as of the effect~ve
date of th~s ordlnance.
SECTION 5. The C~LY Council may grant a variance
from the provislons of thlS morator~um ordinance subJect to a
finding of the following:
1. That the strlct applicat~on of the prov1s~ons
of th~s moratorium would result ~n practlcal difflcultles or
unnecessary hardshlps ~ncons1stent with the general purpose and
~ntent of the moratorlum; and
2. That there are exceptional c1rcurnstances or
condltlons applicable to the property involved or to the intended
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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 grantlng of a variance would not
be materially detr~mental to the publ~c welfare or purposes of
th~s morator1llm 1nJur~ous to the property or ~mprovements ~n
the moratorlurn area.
SECTION 6.
Any provision of the Santa Mon~ca
Mun~clpal Code or appendlces thereto inconsistent herewith, to
the extent of such inconsistencles and no further, 15 hereby
suspended for the area descrlbed hereln during the moratorium
perlod.
SECTION 7.
If any sectlon, subsect~on, sentence,
clause Or phrase of this ordinance is for any reason held to be
lnvalid or unconstitutional by a decision of any court of competent
Jurisdiction, such decislon shall not affect the valld~ty of the
remalning portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each sectlon,
subsectlon, sentence, clause or phrase hereof lrrespective of the
fact that anyone or more sectlons, subsectlons, sentences,
clauses or phrases be declared invalid or unconst~tutlonal.
SECTION 8.
Ordinance No. 1004 (C~ty Councll Serles)
~s hereby repealed in its entlrety.
SECTION 9.
The Mayor shall s1gn and the Clty Clerk
shall attest to the passage of thlS ord~nance. The City Clerk
shall cause the same to be published once in the officlal newspaper
wlth~n flfteen (15) days after lts adoption. ThlS ordinance
shall become effective after thirty (30) days from ~ts adoptlon.
ADOPTED and APPROVED thlS 26thday of August
, 1975.
ATTEST:
-;7(;f:$;~~ V;>>~~
Mayor
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