sr-092380-8abSEP 2 3 ~~~
CA:SSS:BB:bl
Council Meeting 09/23/80 Santa Monica, California
STAFF REPORT
T0: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Declaring Moratorium on Demolition
and Construction in the Central Business District
INTRODUCTION
On September 12, 1980, at a special City Council
meeting, the City Attorney was directed to prepare regular and
emergency ordinances declaring a six-month moratorium on demolition
and construction in the Central Business District (C-3 and CP
Zones). Proposed ordinances are attached to this report.
LEGALITY
The City may impose a temporary moratorium on demolition
or construction in order to preserve a neighborhood or zoning
district during the pendency of a contemplated change in land use
laws.
SECTION BY SECTION ANALYSIS
The 'whereas" clauses state the reasons for the proposed
moratorium: To maintain the status quo in the Central Business
District for six months, pending review by a citizen's committee,
the Planning Commission, and the City Council of traffic and
environmental problems associated with substantial demolition and
construction.
i
SEP 2 ~ 1966
Section 1 of the ordinance declares a six-month
moratorium in the Central Business District, which includes the
Central Business Commercial District, designated as C-3 on the
zoning map and the Commercial Professional Office District,
designated as CP on the zoning map. An emergency ordinance would
be effective immediately, and would expire on March 23, 1981,
unless extended. A regular ordinance would, in the ordinary
course of events, be effective November 15, 1980 and expire
May 15, 1981. During the moratorium, buildings in the district
may not be demolished or constructed unless the building is
determined to be exempt or the owner has obtained a vested right
to complete the project.
Section 2 of the ordinance exempts three categories of
buildings from the moratorium:
a. those of two stories or less;
b. those whose total adjusted floor area does not
exceed the horizontal area of the commercially
zoned lot or lots; and
c. those determined by the building officer to
require demolition or construction for reasons
of public safety.
Section 3 of the ordinance establishes a vested right
standard modeled on that used in the City's "Bu 1k Ordinance." A
person may complete a demolition or construction project if, on
or before September 12, 1980, he or she had obtained an appropriate
permit and expended 10°s of the total projected costs of the project
for purposes directly related to demolition or construction..
-2-
Section 4 of the ordinance establishes an appeals
procedure, modeled on that used in the Main Street Moratorium.
An appeal from an exemption or vested right decision may be made
to the Planning Commission, and thereafter to the City Council.
The Council may wish to provide that appeals from a decision of
the Building Officer that demolition is required in the public
safety are appealable to the Building and Safety Commission.
An appeal will operate as a stay and must be considered
by the appropriate body at the next regularly scheduled meeting
following proper notice to interested parties.
Section 5 of the ordinance establishes a Citizens
Committee to consider issues raised by demolition and construction
in the District. The Committee is to include property owners,
commercial tenants, resident "experts," and other residents. The
Committee is to report to the Planning Commission no less than
60 days before the expiration of the moratorium.
Section 6 of the emergency ordinance declares that its
immediate adoption is urgent, under Section 615. of the City
Charter.
ALTERNATIVES
The Council may reject, modify, or adopt the proposed
ordinance in regular or emergency form.
RECOP+IMENDAT I ON
If the City Council determines to adopt a moratorium,
it is recommended that it be adopted as proposed.
Prepared by: Stephen Shane Stark, Acting City Attorney
Bettylou Borovay, Deputy City Attorney
-3-