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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 -1- R1ItRP:rnms 3.l2.75 CA e 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 -2- I - ~p:mms 3.12.75 CA e 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 -3- 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 ( :/ . n} /'/ ), C~.J.Vi~.) -L ~t.,-.Vll#J.-C___ ". 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'.. ~.... ! ,., ....... .. f.~: 1-: III ~ 'rf"--- ... " . ....'" ......:.:~ .....". ..... 1Iiii~ ~.."..,:;. 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 -1- RLtIJP:rnms 3.12.75 CA e 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 -2-