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sr-102880-5lcA:sss:BB:bl ~T 1 9 19&0 Council Meeting 10/14/80 Santa Monica, California STAFF REPORT Uu3 ~ ~~ ?~,s~i TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Declaring a Moratorium on Demolition and Construction in a Portion of the Commercial Business District INTRODUCTION This report transmits for second reading and adoption a proposed ordinance declaring a moratorium on demolition and construction in a portion of the downtown Commercial Business District. BACKGROUND This ordinance was introduced by Council as Item 8B at its September 23, 1980 meeting. It was amended as follows: 1. Section 1 establishes a nine month moratorium on all demolition and construction between G7ilshire Boulevard and Colorado Aarenue and between mid line Ocean Avenue to midline Second Street. 2. Section 2 exempts those buildings that are two stories or less and whose total adjusted floor area does not exceed the horizontal area of the commercially zoned lot or lots as well as those buildings found to endanger life, health, or property by the Building Officer. ^he Council map wish to clarify its ~~ °~ i ~ i99Q exemption category to explicitly state its policy that any person desiring to develop property in a moratorium zone during the moratorium. period may apply to the Planning Commission for permission to do so. Such application .shall detail the proposed development with diagrams or plans and reasons why it is in harmony with the purposes of this ordinance and the preservation of the community and is otherwise in the best interests of the City. An appeal maybe made from a Planning Commission decision to the City Council, cahich may affirm, reverse, or modify the Commission's decision. 3. Section 3 deems a person to have a vested right to complete a project otherwise affected by the moratorium, if on or before September 23, 1980 such person had obtained the last necessary governmental permit and had expended at least 100 of the total projected costs in good faith reliance upon the permit. 4. The section establishing a citizens' committee has been deleted. RECOMMENDATION It is respectfully recommended the City Council adopt this ordinance declaring a nine month moratorium on demolition and construction in a portion of the Commercial Busine-s District. Prepared by: Stephen Shane Stark, Acting City Attorney Bettylou Borovay, Deputy City Attorney -2- CA:SSS:BB:se Council Mee£ing 10/28/80 STAFF RF,PORT T0: Mayor and City Council FROM: City Attorney ~ . Santa Monica, California SUBJECT: Emergency and Regular Ordinances Amending the Ordinz_nce declaring a moratorium on demolition and construction in a portion of the Central Business District. INTRODIICTION ~~" ~ ~~~ 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. BACKGROUND The ordinance declaring a moratorium was introduced by Council as Item 8B at its September 23, 1980 meeting. It was scheduled for second reading for the Council meeting of October 14, 1980, but was held over until the meeting of October 28, 1980. Sn the staff report accompanying the ordinance fbr second reading the City Attorney stated that provision far exceptions tO the mOrdt Or lUI*.l Cviiiu ue.:regarded'aS c¢ Ciar if Catiori vf: ti7e Council's'.orgnal intent. Upon review, the City'Attorney believes the change would more judiciously be considered as anl' amendment to the ordinance. In order to avoid additional delay in implementing the moratorium, the City Attorney has prepared an emergency ordinance, rather than presenting an amended ordinance for reintroduction. e ~ $~L ~~7 2 ~ 99Q0 The amendment will allow a person who wishes to develop property in the moratorium zone, but whose praject 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 development is found to be in harmony with the purposes of the moratorium and is otherwise in the best interests o£ the City. A similar procedure was used in connection with the Main Street Moratorium. 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 con- struction 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-