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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 ~~
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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
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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 ~~
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emergency ordinance and for introduction a regular ordinance
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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.
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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
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