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ORDINANCE NO. l035(CCS)
(City Council Series)
AN ORDINA~CE OF THE CITY COm~CIL
OF THE CITY OF SANTA MONICA EXTENDING
AND FURTHER DECLARING A MOPATORIUM
ON CONSTRUCTION ON AND THE ISSUANCE
OF BUILDING PERMITS FOR ALL PROPERTY
LYING WITHIN THE AREA WESTERLY OF AN
ALIGNME~T OF PALISADES BEACH ROAD,
APPIAN \JAY, OCEAN AVENUE SOUTH OF
PICO BOULEVARD AND BARNARD WAY.
WHEREAS, a moratorlum has been prevlously ~~posed
withln the area herelnafter descrlbed, and ~t lS necessary
to allow more time 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 1. A moratorlum lS hereby placed on the
erectlon, construct~on, enlargement, alteratlon, moving,
l~provement or converslon, of any bUlldlnq or structure In
the area descrlbed as follows:
"All that property bounded on the east
by an allgnment of Pal~sades Beach Road,
Applan Way, Ocean Avenue south of PlCO
Boulevard and Barnard Way, and on the
north and on the south by the C~ty LLffi~ts
respect~vely. "
SECTION 2. Thls Counc~l finds and deter~~nes that
sa~d moratorlum must be imposed ~n order to preserve the
character of sa~d area pending the development of plans
relat~ng to future beach front development whlch do not
ant~cipate development ~n accordance wlth the eXlstlng zonlng
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patterns presently applicable to the area descrlbed ln
Section 1 hereof, and the best interests of the cornmunlty
requ1re that further constructlon and development 1n said
area be curta11ed until such t1me as the use regulations
for sald area have been brought 1nto conformance with
completed plans for community development ln sald area.
SECTION 3. The De~artrnent of BUlldlng ~s hereby
ordered and directed not to issue any permlts for the
erection, construction, enlargement, alteration, moving,
improvement or conversion of any buildlng or structure ln
the aforesaid area during the effective period of thlS
ordlnance, to wit: untll n~nety (90) days from the effective
date of thlS ordinance; exceptlng that such permlts may be
issued for proJects Wh1Ch do not exceed F1ve Thousand
{$5,OOO.OO) Dollars in estlmated value and exceptinq that
such permits may be issued for the purposes of reqU1red
repair and ma1ntenance.
SECTION 4. No person shall commence constructlon
of any proJect 1n excess of Flve Thousand ($5,000.00) Dollars
ln actual or estLmated value 1n the atoresald area dUrlng
the effectlve period of thlS ordinance, to wit: untll ninety
(90) days from the effectlve date of th1S ordinance, whether
or not such person possesses an-existing buildlng permit
as of the effectlve date of thlS ordinance.
SECTION 5. The City Councll may grant a varlance
from the provlsions of thlS moratorium ordlnance subJect to
a findlng of the followlng:
1. That the strict appllcatlon of the
provlsions of this moratorium would result ln practlcal
difflcult~es or unnecessary hardshlps lnconsistent wlth the
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general purpose and ~ntent of the moratorium; and
2. That there are except~onal circumstances
or conditions appl~cable to the property ~nvolved or to the
~ntended 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 granting of a var~ance would
not be materially detr1mental to the publ~c welfare or purposes
of th1S moratorium inJur~ous to the property or improvements
1n the morator~um area.
SECTION 6. Any provlsions of the Santa Monica
Mun1cipal Code or appendlces thereto ~nconsistent herewith,
to the extent of such ~ncons1stencies and no further, ~s
hereby suspended for the area described herein during the
morator1Uffi per1od.
SECTION 7.
If any section, subsect1on, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid or unconstltut1onal by a decis~on of any court of
competent jurisdict~on, such decis~on shall not affect the
val~d~ty of the remaln~ng portions of the ord~nance. The
City Counc1l hereby declares that it would have passed th~s
ordlnance and each sect1on, subsect~on, sentence, clause or
phrase hereof ~rrespect1ve of the fact that anyone or more
sectlons, subsectlons, sentences, clauses or phrases be
declared lnvalld or unconst1tutional.
SECTION 8. The Mayor shall sign and the City Clerk
shall attest to the passage of thlS ordinance. The City Clerk
shall cause the same to be publlshed once 1n the officlal news-
paper wlthin fifteen (15) days after lts adoptlon. ThlS ordlnance
shall become effect1ve after th1rty (30) days from lts adoption.
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ADOPTED and APPROVED this 13th day of
July
1976.
~~H4/ r~---
Mayor
ATTEST:
,t~t:!lw;&r
f - Cl.ty Clerkf \../
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
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ss.
I do hereby certl.fy that the foregol.ng ordlnance was
duly and regularly l.ntroduced at a Meeting of the City Councll
on the 22ng day of
June
, 1976; that thereafter ~he said
ordl.nancE was duly adopted at a meeting of the City Councl.l on
the 13th day of
July
, 1976, by the followlng vote of the
Councl.l:
A YES:
Councllmember: Cohen, Judson. McCloskey,
Reed, Trives
NOES:
Councl.lmember: Swink
ABSENT:
Councllmember: van den Steenhoven
/f:~ og~//
Cl.ty ClerkV 'V
APPROVED AS TO FORM:
City Attorney
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