O995
~ RP : Il1JTlS 3. 12. 75 CA
e
ORDINANCE NO.
995 (ecs)
(Clty Council series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF Sk~TA ~ONICA EXTENDING
TO MAY 30, 1975, THE MORATORIUM ON
CONSTRUCTION AND REPAIR ON ALL PROPERTY
FRONTING ON AND BOUNDED BY WILSHIRE
BOULEVARD, FOURTH STREET, COLORADO
AVENUE, AND SECOND STREET, AND MORE
C01@LETELY DESCRIBED IN THE LEGAL
DESCRIPTION AND MAP ATTACHED TO AND
MADE A PART OF SAID QRDINANCE AND
DECLARING THE PRESENCE OF AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. A morator~um is hereby placed on the
erectlon, construction, enlargement, alteration, repair,
movlng, lmprovement or conversion, of any bU11d1ng or structure
1n the area described as follows:
"All that property bounded on the north-
east by the southwesterly llne of Fourth
Court and its southeasterly prolongation;
bounded on the southeast by a line wh~ch
is 150 feet southeasterly of and parallel
with Colorado Avenue and by the northwesterly
11ne of Santa Monica Freeway; bounded on the
southwest by the northeasterly llne of First
Court and its northwesterly prolongatloni and
bounded on the northwest by a line which ~s
150 feet northwesterly of and parallel wlth
wilshire Boulevard."
A map of said area is attached hereto, marked
Exhib1t "A" and expressly made a part of th1S ordinance.
SECTION 2. This Council flnds and determines that
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R1ItRP:rnms 3.l2.75 CA
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said moratorium must be imposed in order to preserve the
character of said area pend~ng the completion of proceedings
for the acquisition of said property by the Clty and pendlng
a Plann~ng, Zoning and Urban Redevelopment Study of said
area.
SECTION 3. The Department of Buildlng is hereby
ordered and d~rected not to ~ssue any permits for the
erection, construction, enlargement, alterat~on, repair,
movlng, improvement or conversion of any buildlng or structure
in the aforesaid area during the effectlve per~od of this
ordinance, to Wlt: untl1 May 30, 1975.
SECTION 4. Any provlsion of the Santa Monica
Munlcipal Code or append1ces thereto inconsistent herewlth,
to the extent of such lnconslstencles and no further, lS
hereby suspended for the area described hereln durlng the
moratorium period.
SECTION 5. The City Councll may grant a var~ance
from the provlsions of this moratorium ordlnance subject to
a finding of the followlng:
1. That the strict applicatlon of the
provlsions of the moratorium would result ln pract~cal
difficulties or unnecessary hardshlps inconsistent with the
general purpose and ~ntent of the moratorium; and,
2. That there are exceptional circumstances
or conditions appllcable to the property involved or to the
lntended use or development of the property that do not
apply generally to other property ln the area covered by the
moratorlum; and,
3. That the granting of a varlance would not
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~p:mms 3.12.75 CA
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be materlal1y detrimental to the public welfare or inJurious
to the property or improvements in the moratorium area.
SECTION 6. If any section, subsectlon, sentence,
clause or phrase of th~s ordinance lS for any reason held to
be lnvalid or unconstltutional by a dec~sion of any court of
competent jurisdictlon, such decision shall not affect the
validity of the remainlng portions of the ordlnance. The Clty
Councll hereby declares that it would have passed thlS
ord~nanee and each seetlon, subsection, sentence, clause or
phrase hereof, irrespective of the fact that anyone or
more sect~ons, subsect~ons, sentences, clauses or phrases
be declared lnvalid or unconstltutlonal.
SECTION 7. ThlS ordlnance 15 declared to be an
emergency measure adopted pursuant to the provisions of
~615 of the Santa Monica Munlcipal Charter and is necessary
for preserving the publlC peace, health, or safety, and
the urgency for its adoptlon is set forth in the flndings
above.
SECTION 8. The Mayor shall sign and the City Clerk
shall attest to the passage of thlS ordinance. The City Clerk
shall cause the same to be publ~shed once 1n the offic~al
newspaper wlthin 15 days after its adoption. ThlS ordlnance
shall become effectlve immed~ately upon its adoption, pursuant
to ~615 of the Santa Monica Municipal Charter.
25thday of
March
ADOPTED and APPROVED this
1975.
~ ./
~~~
Mayor
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R1ItRP:mms 3.12.75 CA ~
ATTEST:
") f} i~
rrSt. Clty Clerk
(j
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA MONICA
I do hereby certlfy that the foregoing ordinance
was duly and regularly introduced at a meet~ng of the City
Councll on the 25th day of
March
, 1975~ that
thereafter the sald ordlnance was duly adopted at a meeting
of the Clty Council on the 25th day of
March
1975, by the follow~ng vote:
NOES:
Counc~lmen: Judson, Lawson, Swink, Trives,
van den Steenhoven, Hoover
Counc~lmen: None
AYES:
ABSENT:
Councllmen: McCloskey
APRROVED AS TO FORM,:
: .1 (
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C~.J.Vi~.) -L ~t.,-.Vll#J.-C___
". Ci ty Attorney_____
Asst,:?t,;y
! /
U
-t';gtL
Clerk
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li;XH"IBIT A
Re RP : mms 3. 1 Z . 75 CA
e
Santa Monica, California
March 12, 1975
TO: Mayor and Clty Council
FROM: City Attorney
SUBJECT: Moratorlum on construction and repair in the downtown
business dlstrlct.
INTRODUCTION:
The Department of Community Development has requested
the preparation of an emergency ordinance to extend the
moratorlUID on constructlon and repalr in the downtown business
distrlct for an addltiona1 60 days. The present moratorium
is scheduled to explre on March 30, 1975. The attached
ordinance wl11 extend the same moratorium until May 3D, 1975.
BACKGROUND:
The extension of this moratorium is necessary to
prevent unwarranted development in the downtown area while
the plans for ltS redevelopment are belng finalized.
ALTERNATIVE SOLUTIONS:
Not apph.cable.
RECOMMENDATION:
It is recommended that thlS City Councll extend
the moratorlum by introduclng and adopting the attached
emergency ordinance at its regularly scheduled meetlng of
!vlarch 25, 1975. The ordlnance wll1 thereby become effectlve
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on the same day, March 25, 1975, 5 days pr~or to the expirat~on
of the existlng moratorium. There is no difference between
the prior ordlnance and th~s one other than the dates of their
application.
PREPARED BY:
RICHARD L. KNICKERBOCKER
City Attorney
f'
(~c, \ 1'vV\ l4lc \~v,
BY: ROSARIO PERRY \
Deputy City Attorney
RLK:RP:nuns
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