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Santa Monlc~c~prnia
ORDINANCE 1146
(Clty Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF S~~TA MONICA
DECLARING A MORATORIUM ON
DEVELOPMENT IN CERTAIN PORTIONS
OF THE OCEA.i~ PARK AREA OF THE
CITY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS
AS FOLLOWS:
SECTION 1. Declaratlon of Urgency.
The City Councll finds and declares that:
(a) The area of the City known as Ocean Park is a
communlty of unique character containlng a diverslty of popu-
latlon and property, the preservatlon of WhlCh lS ln the best
lnterests of the City.
(b) In recent months the Ocean Park area, and
partlcularly the !-1ain Street commerc1al strlp, has undergone
substantlal new development resulting ln a prOliferation of
catering to transients.
restaurants, bars, and other buslness establlshments primarl1y
(c) A substantial controversy has arlsen between
many residents of Ocean Park and the Maln Street business
community, and involv~ng others interested ~n the welfare of
the C1ty over future development of the area; of partlcular con-
cern are parking, vehlcular and pedestrlan trafflc, nOlse, the
ma1ntenance of the character of the communlty, COmmerce, and
qU1et enJoyment of nelghborhood serVlces and amenities.
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(d) The lony-term welfare of the area, and thus of
the C1ty, requires careful deliberation and planning includ~ng
ample opportunity for communlcation by segments of the affected
community and by the public generally. This cannot be accom-
plished if development is allowed to proceed during the
pendency of this planning process.
(e) Necessary public hearings and other facets of
the planning process are estimated to require six months to
acco~plish properly.
(f) An immedlate moratorium on development of the
Maln Street area until after the Fourth Tuesday in June, 1980,
1S necessary to the orderly development and preservation of
the affected area and the community, and is thus necessary for
the protection of the health, safety, and welfare of the City.
SECTION 2. Morat0r1um.
A moratorium is hereby 1mposed on development on Main Street
and commerc1ally zoned or used parcels on related side streets
Marine, Kinney, Pier, Ashland, E~ll, Ocean Park Boulevard,
Norman, Hollister, Strand, Pacific, Bicknell, and Bay -- from
Fico Boulevard to the South City lim1ts, as shown on the map
attached hereto. The morator1UM shall exp~re on June 25, 1980.
Untl1 that date, no prohibited activity shall be conducted
within the moratorium zon~ nor3hall any City permit be issued
for such activlty. The terms of the moratorium are as follows:
{a) The establishment of new bars, bar and grills,
restaurants, discos, roller d~scos, movie theaters, aMusement
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arcades, fast food take-out establishnents wlthln the zone
is prohib1ted, as are new additions of square f00tage, lncludlng
patlos, onto existing restaurants, bars, bar and grills,
or discos.
(b) New windows that would allow buildlng
occupants to look lnto the back yards ann hOTIes located on
abuttlng residential property, and are above the second floor,
must be of translucent glass -- not frosted glass -- below
a level five feet six inches above the floor.
(c) New pa~king lot entrances or eXlts onto
residential streets are prohibi~ed.
(d) New construction abutting residentlal property,
in excess of thirty feet in helght, including parapets, lS
prohlblted.
(e) Demolitions are prohibited within the
I[1orator.1.um zone.
SECTION 3. Exceptlons to Moratorium.
A person who desires to develop or demolish property
with.1.n the moratorium zone during the moratoriu~ perlod may
apply to the Planning Commission for perNission to do so. The
applicat~on shall set forth in detail the development act~vity
proposed to be done, together with diagrams or plans of any
contemplated project, and shall state reasons why the proposed
development is In harmony with the purposes of this ordinance
and the preservation of the character of the COmMunity, and
is otherwlse in the best ~nterests of the Clty. The Planninq
Commission shall have discretion to grant or deny any such
applicatlon, and may lmpose any conditlons upon lts permlSSlon
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that it sees fit. An appeal from a decision of the Planning
Commission may be ~ade to the City Council, which may affirm,
reverse, or modify the decision of the Planning Commission.
SECTION 4. Vested Rights.
A person shall have a vested right to complete development
within the moratorium zone during the moratorium period If,
before January 8, 1980, that person had obtained the last
governmental approval necessary to the completion of the
proJect, including but not limited to building permits,
Architectural Review Board approval, ana Coastal Commiss~on
approval, and, In addition, had expended substantlal funds
and incurred substant~al 11abilit~es in reliance on such
final governmental approval. The Planning Commission shall
hear and determ1ne claims of vested rights. An appeal from
such decision shall be made to the City Council.
SECTION 5. Declaratlon of Intent.
The moratorium shall last only six months, during which
t~me a Main Street Distrlct Zone or other solution shall be
created by City staff working with Main Street bus1ness and
neighborhood lnterests, and proposed to Council.
SECTION 6. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent therewith, to the
extent of such inconsistencies and no further, are hereby
repealed or mcdified to that extent necessary to affect the
provisions of this ordinance.
SECTION 7. If any section, subsection, sentence, clause,
or phrase of this ordlnance is for any reason held to be
~nvalid or unconstitutional by a decision of any court of
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any competent jurisdict~on, such decision shall not affect
the validity of the remaining portions of the ord~nance.
The City Council hereby declares that it would have passed
this ordinance and each and every section, subsection, sentence,
clause or phrase not declared invalid or unconstitutional
w1thout reqard to whether any portion of the ordinance would
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be subsequently declared invalid or unconstitutional.
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SECTION 8. The Mayor shall slgn and the City Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once ln the
offic~al newspaper with~n f~fteen (15) days after its
adoption. The ordinance shall become effective after
thirty (30) days from its adoption.
APPROVED AS TO FORM:
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RI D L. RNICKERBOCKER
City Attorney
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ADOPTED AND APPROVED THIS
30th
DAY
OF January
J 1980 I
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE)
No. 1146 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 8th DAY OF January } 1990j THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 30th DAY OF January
BY THE FOllOWING COUNCIL VOTE:
} 1980
AYES:
COUNCILMEMBERS: Yannatta Goldway, Jenn2ngs, Rhoden,
Bambrick
y
NOES:
COUNCILMEMBERS:
Reed, Scott
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ABSENT:
COUNCILMEMBERS: van den Steenhoven
ATTEST:
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