O1184
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CA:SSS:BB:bl
Counc~l Meeting 10/14/80
Santa Mon1ca, California
ORDINANCE NO.
1184
(Ci ty Councl.l Serl.es).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA DECLARING A MORATORIUM ON
CONSTRUCTION AND DEMOLITION IN THE CENTRAL
BUSINESS DISTRICT
WHEREAS, there is substantial demo11tion and cortstructl.on
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occurring and proposed in the Central Busl.ness Distr~ct; and
WHEREAS, such constFuction causes co~rn over increased
traffl.c congestl.on and exceSSl.ve, unchecked growth in the City; and
WHEREAS, the publl.c health, safety and welfare r$quires ~
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a comprehensl.ve study toward a planned approach toward development
in the Central Bus~ness Distrl.cti and
WHEREAS, it is estimated that a comprehensYve review
process will take nl.ne months to complete,
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS
FOLLOWS:
SECTION 1. MORATORIUM.
A moratorium is hereby placed on all demolitl.Dn or
construction l.n the section of the Central Bus1neSs,District
between Wilshl.re Boulevard and Colorado Avenue and midline Ocean
Avenue and ml.dline Second Street. The moratorium shall expire
nine months from the adoption hereof. During such per1od, no
~moll.tion or constructl.on shall be conducted within the moratorium
zone unless a buildl.ng 1S determined to be exempt or the owner
1S found to have a vested rlght to complete the project.
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SECTION 2. EXEMPTIONS FROM THE MORATORIUM.
A proJect shall be exempt from the moratorium if it
falls within one of the following categories:
a. a building whose height ~s two stor~es or less
and whose total adjusted floor area does not
exceed the hor~zontal area of the commercially
zoned lot or lots; and
b. a building determined by the Bu~lding Off~ce~~
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to require demolition or construction for the'
purpose of remedying em~rgency conditions
determined to be dangerous to life, health,
or property.
SECTION 3. VESTED RIGHTS.
A person having a project subject to this ordinance
shall be deemed to have a vested right to complete such project
notw~thstanding the terms of this ordinance if, on or before
September 23, 1980, such person had obtained the last necessary
governmental permit to demol~sh or construct a building and had
expended sums of at least 10% of the total projected costs of
the project for purposes that are d~rectly related to the
demolition or construction and are in good fa~th reliance upon an
appropriate permit. By way of example, hut not of limitation,
sums spent on eng~neering and architectural plans, maps, ,and soil
analysis are dlrectly related to demol~t~on or construction of a
building; costs of land acquisition, financ1ng, and legal fees are
not so related.
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This test embodles the common law standard for a vested
right and the formula used shall be a measurement of substantlality
of rellance upon a demolition or bUl1dlng permlt.
SECTION 4. APPEALS.
An appeal from a declsion to grant or deny an exemptlon
or a vested right may be made to the P1annlng Cornm~ssion and
thereafter to the C~ty Counc~l, which may aff~rm, reverse, or
cond~tlonally afflrm or reverse the decision of the Build1ng Off~cer.
The filing of an appeal shall operate as a stay of an
approval for demolition or construction. The appeal must be
considered by the approprlate body at the next regularly scheduled
meeting following proper notice to all lnterested parties.
SECTION 5. Any provislon of the Santa Monica Municlpal
Code or appendlces thereto inconsistent therewithr to the extent
of such lnconslstencies and no further, are hereby repealed or
modlfled to that extent necessary to effect the provis1ons of this
ordlnance.
SECTION 6. If any section, subsectlon, sentence, clause,
or phrase of thls ordlnance 1S for any reason held to be 1nvalid
or unconst1tutlonal by a deC1s1on of any court of any competent
jurlsdlction, such decislon shall not affect the validlty of the
remaining portlons of the ordinance. The Clty Council hereby
declares that it would have passed thlS ordinance and each and
every sectlon, subsectlon, sentence, clause, or phrase not declared
invalld or unconstitutional without regard to whether any portion
of the ordlnance would be subsequently declared invalid or
unconstitutional.
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SECTION 7. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City Clerk
shall cause the same to be publlshed once in the official newspaper
wlthln 15 days after its adoption. The ordinance shall become
effective after 30 days from lts adoptlon.
APPROVED AS TO FORM:
Stb ~e St~l_
STEPHm SHANE STARK
Acting City Attorney
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ADOPTED AND APPROVED THIS
28th
DAY
OF
.October
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(;/1;~yow
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE)
No. 1184 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 23rd DAY OF September ) 1980; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE
28th DAY OF
October
) 1980
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Yannatta Goldway, Jennings, Reed
and Rhoden
NOES:
COUNCILMEMBERS: Scott and Mayor Bambrick
ABSENT:
COUNCILMEMBERS: None
ATTEST:
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CITY CLERK