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sr-012280-8aCA RLY.:SSS:e ~~ Council Meeting 01-22-80 Santa *%[oni ., California ~N 2 49€1 STAFF REPORT T0: ~~ayor and City Council FROM: City Attorney SUBJECT: `gain Street Moratorium Ordinance INTRODUCTION This report transmits for second reading .and adoption an ordinance imposing a six month moratorium on development in the Main Street commercial area. This ordinance was intro- duced at the January 8, 1980, meeting (Item 8D). At the same time, the Council adopted an emergency moratorium to same effect. Thus, this ordinance is already in effect in its emergency form, and its adoption is primarily a formality. ANALYSIS At its January 8, 1980, meeting, the City Council adopted an emergency ordinance declaring a six month moratorium on development in the rgain Street commercial area. The terms of this moratorium were developed by Main Street residents and merchants, including members of the Main Street Association and the Ocean Park Community Organization. The specific terms of the moratorium are as follows: Section One declares the need for the emergency ordinance. It recognizes that controversy and problems have arisen in the P4ain Street area, and that these problems should be aAproached rationally, through the planning process. The preservation of the character of the community during the planning process is sufficient Cis ~,z` ~.y%-1~~+~`r~ ) justification for an urgency measure under Section 619 (c) of the City Charter. Section Two contains the terms of the moratorium. There are three operating parts -- the area, which is described on a map drawn by the Planning Department; the duration, until June 25, 19$0; and the prohibitions,_as follows: (1) no new bars, restaurants, and other specified uses; no addition of square footage, including patios, on restaurants and bars; (2) third floor windows with "peeping Tom" potential must be of translucent glass up'to five foot six inches above the floor; (3) no new parking lot entrances or exits onto residential streets; (4) new construction abuttiha'resideritiaY property may not exceed t}zirty feet in height, including parapets; (5) no demolitions in the moratorium zone. Section Three creates a process for exceptions from the moratorium. A property owner may demonstrate to the Planning Commission that his proposed project will not alter the character of the neighborhood An appeal may he made to the City Council. Section Four provides for a vested rights determination by the Planning Commission, with an appeal to the Council. Persons who, before January $, 19$0, acquired the last governmental approval necessary to completion of a project, and spent substantial sums in good faith reliance on that approval, may obtain a vested rights determination. The test follows the basic rule established by the California Supreme Court. -2- Section Five states the intent of the Council that the moratorium is only to last six months, and that staff is to develop a _"lain Street District Zone in cooperation with nSain Street residents and merchants. The consensus that was reached regarding the terms of the moratorium was based on a mutual recognition that a moratorium was only a temporary solution, and that all efforts should be made to avoid its extension beyond its original six months duration. The creation of a Main Street District Zone is a goa17 the ordinance recognizes that other forms of solution may be devised. The emergency ordinance is already effective. This ordinance, which is presented solely to protect against the contingency that the emergency declaration regarding the moratorium might be attacked, would become effective on February 22, 1980. ALTERNATIVES The Council may adopt, reject, or modify this ordinance. If this ordinance is modified, the Council should. then consider whether it desires to modify the emergency moratorium as w@11. RECOMMENDATION It is respectfully recommended that the Council adot~t the attached ordinance. Prepared by: Richard L. Knickerbocker Stephen S. Stark -3-