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O1184 . e e . 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 ~_'" __~~-...... ~1-.._ 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 ~ f .. 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. .:l . e e . 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~~ - - 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. -2- ~ _ '-1::'- _:....- 'E ..:C:: ~ ~ . e e . 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. -3- ;"~04 . e e _ .~ 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 -4- . . . ';11 . e e . ADOPTED AND APPROVED THIS 28th DAY OF .October ) J9~O, ~4.:?,i)'~ (;/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: ~~ CITY CLERK