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sr-020475-10c1...i .. a.. ~~ ~ i ,; :.Santa Monica, California,-January 22, 19`75 T0: Mayor and City Council ~ ~~ ~' _ ., , ~~ PROM: City Staff rE~ SUBJECT: Suggested Moratorium: Beachfront Areas .. s ..._ , ~,a t .~ :._, J , . 3 e J €~~: ~- ate,=; IntrOdUGt1 On 4 °' ~t~''J'~.s`°,+~-, ~iV,'t~ $ +' ~ ._ This is a staff report covering a Planning Commissiosi recommendation that the City Council impose a 180 day mora- ~orittig on the issuance of building permits or commencement of construction-under existing permits in the beachfront areas. Bachround one proposed Beach Master Plan under consideration. by the City of Santa Monica and the State Department of Beaches and Farks and the Appearance and Design, Intensity of Development and Recreation Elements under consideration by the Coastal Commission are focusing attention on the beachfront area and its eventual development. -While final determinations have not yet been reached, it is increasingly apparent that future residential development west of Palisades Beach Road, Appian Way and. Barnard L~7ay, in accordance with the established zoning patterns is going to be severely restricted, if not prohibited entirely. All of the plans and elements under consideraticn point toward the ultimate conversion of that area between the water and the first public street to public recreation with eventual removal of residential uses. Additionally, a corresponding effect may also be felt in the immediately adjacent areas. _1_ Therefore, it is believed appropriate for the city to impose restrictions, in addition to those of the Coastal Commission, on further development in the beachfront area. pending adoption of definitive plans and regulations for the following reasonse l: The. City staff presently has no legal basis for denial or withholding of building permits which comply with existing zoning regulations even though such development may be contrary to anticipated long range beachfront development. 2. There is currently some uncertainty as to the legal status of outstanding building permits and the .applicability of code. changes enacted .subsequently to their issuance. 3. A local restriction provides the City with final authority to control undesirable development in the event-the Coastal. Commission should fail to do so. 4. Although eventual changes in zoning are likely to result as a means of implementing the beach plans .none of the existing zoning classifications fully satisfies the anticipated needs and intErim zone. changes are not necessarily appropriate, efficient or effective.. 5. The moratorium procedure is the easiest to apply, offers the greatest protection and flexibility. and can be quickly removed when no longer necessary. _2_ '~ ,, a 6. The establishment of a moratorium can be viewed as an affirmative act on the part o£ the City indicating its intention to imAlement its beach. development plans by restrricting -con- struction which is in conflict with proposed uses. , On January. 20th, the City Planning Commission approved a resolution recommending that: the City Council impose a 180 day moratorium on the further issuance'of building permits. or commencement of construction under existing permits in excess of X5000 in value, excepting .for required repair_or maintenance, in hose areas of the city westerly of Ocean Avenue and Neilson ?day unless such permit or construction is specifically approved by the City Council ".The vote on the Resolution was as follows: AYES: Commissioners Cohen, Gould, Lonsinger, Malcolm, Schneider, Roper NOES: None ABSENT: Commissioner Savage Alternatives lne alternatives. available to the City Council include l cs acceptance of the Planning Commission recommenda- tion, as submitted. 2. T'ne rejection of the Commission's recommendation. 3. !codification of the Commission's recommendation and `the establishment of a moratorium area reduced in. scale or extent. The pros in favor of the moratorium are basically those set-forth above, while. the cons include the creation of an additional procedural requirement on potential construction in the affected areas and the possibility that such action -may n.ot be necessary where the City Council already exercises sufficient-control. as in"the case of the Redevelopment Project Area anal Palisades Park... Recommendation In the interests of involving the smallest area necessary and-still assure Council review of potential construction in the beachfront area, it is respectfully recommended that the Ci-cy Council select the third alternative. and establisH a morn- torium area excluding Palisades Park and the Ocean Park Redevel- opment Project. Prepared by: James I,unsford JT~~I,/j s -4- RESOLUTION `75-1 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF SANTA MONICA RECOMP'~NDING THAT THE CITY COUNCIL ENACT A MORATORIUM ON FURTHER DEVELOPMENT IN THE BEACHFRONT AREAS THE CITY PLANNING COMMISSION OF THE CITY OF SANTA MONICA HEREBY',RESOLVES AS FOLLOWS: WHEREAS the City of Santa Monica as well as other juris- dictions are considering the development of plans relating to future beachfront development which do not anticipate develop- ment in accordance with the existing zoning patterns, and WHEREAS the City Planning Commission believes the best interests of the community would be served by limiting further building until such time as the use regulations have been brought into conformance with the completed plans, NOW, THEREFORE, the City Planning Commission respectfully recommends that the City Council consider imposing a 180 day moratorium on the further issuance of building permits or commencement of construction under existing permits in excess of $5000 in value, excepting for required repair or maintenance, in those areas of the city westerly of Ocean Avenue and Neilsois Way unless such permit or construction is specifically approved by the City Council. DATED: January 20, 1975 -1- The Secretary of the City Planning Commission hereby certifies that the Planning Commission approved the foregoing recommendation by the following vote: AYES: Commissioners Cohen, Gould, Lonsinger, Malcolm, Schneider, Roper NOES: None ABSENT: Commissioner Savage Copies 'to: .Manager: 5 Council: '] Attorney: 1 City Clerk: 1 -2-~'