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sr-111180-8a~~~° 1 i 99~C CA:SSS:BB:bl Council Meeting 11/11/80 Santa Monica, California S^1AFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Emergency and Regular Ordinances Amending the Ordinance declaring a moratorium on demolition and construction in a portion of the Central Business District. INTRODUCTION This report transmits for introduction and adoption an emergency ordinance and for introduction a regular ordinance amending the ordinance declaring a moratorium on demolition and construction in a portion of the Central Business District. 'the Council directed the City Attorney to prepare the proposed ordinances at its October 28, 1980 meeting (Item 5-L, Continued Items). BACKGROUDTD The ordinance declaring a moratorium was introduced by Council at Item 8-B at its September 23, 1980 meeting and adopted at the Council meeting of October 28, 1980, Item 5-L, continued from the meeting of October 14, 1980. The moratorium ordinance does not provide specifically an exception for those projects which would not satisfy the exemption requirements. The proposed amendment will allow a person who wishes to develop property in the moratorium zone, but whose project does not fall within one of the exemptions provided, to seek permission from the Planning Commission, and the City Council on appeal, to do so. Approval may be granted if the proposed develop- . ment is found to be in harmony with the purposes of the moratorium and is otherwise in the best interests of the Citv. A similar procedure was used in connection with the Main Street Moratorium. In order to implement the moratorium without delay and so as to prevent unwarranted hardship, the ordinance has been prepared in emergency and regular form. ALTERNATIVES The Council may introduce and adopt the proposed emergency ordinance, or introduce the regular ordinance, amend it, or reject it. RECOMMENDATION It is respectfully recommended the Council introduce and adopt this emergency ordinance and introduce in regular form this ordinance amending the moratorium on demolition and construction in a portion of the Central Business District to allow an exception for projects found to be in harmony with the moratorium's purpose and otherwise in the best interests of the City. Prepared by: Stephen Shane Stark, Acting City Attorney Bettylou Borovay, Deputy City Attorney -2-