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O987 ., C~ RLeIS:JSt 2-10-75 . ORDINANCE NO. 987 (CCS) (City Council Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA r10NICA DECLARING A MORATORIUM ON CONSTRUCTION ON AND THE ISSUANCE OF BUILDING PERMITS FOR ALL PROPERTY LYING WITHIN THE AREA WESTERLY OF OCEAN AVENUE OR NEILSON WAY, EXCEPT FOR THAT PROPERTY INCLUDED WITHIN THE OCEAN PARK REDEVELOPMENT PROJECT AND PALISADES PARK. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A rnorator~um lS hereby placed on the erection, constructlon, enlargement, alteration, movlng, lrnprovement or converSlon, of any building or structure ~n the area described as follows: "All that property bounded on the east by Ocean Avenue or Neilson Way and on the west by the Pacific Ocean, and on the north and on the south by the Clty llm~ts respectively~ except~ng that property consist1ng of the Ocean Park Redevelopment ProJect and that property conslstlng of Pallsades Park." SECTION 2. Th~s Councl1 finds and determines that said moratorium must be imposed in order to preserve the character of sald area pending the development of plans relating to future beach front development whlch do not antlcipate development In accordance with the exist~ng zoning patterns presently applicable to the area descr~bed ln Sectlon 1 hereof, and the best ~nterests of the community require that further -1- ~ CA RL~S:Jst . 2-10-75 construction and development ~n said area be curtailed until such tlrne as the use regulations for said area have been brought into conformance with completed plans for community development ~n said area. SECTION 3. The Department of BUlld~ng 1S hereby ordered and directed not to issue any permits for the erect1on, construction, enlargement, alteratlon, movlng, lmprovement or conversion of any building or structure in the aforesald area during the effectlve per~od of this ordinance, to w~t: until August 12, 1975; excepting that such permits may be issued for projects which do not exceed $5,000.00 in estlmated value and exceptlng that such permits may be issued for purposes of requlred repair and maintenance. SECTION 4. No person shall commence construction of any proJect in excess of $5,000.00 1n actual or estlmated value ~n the aforesaid area during the effective period of th~s ord1nance, to wit: until August 12, 1975, whether or not such person possesses an ex~stlng building permit as of the effective date of thlS ordinance. SECTION 5. The City Councll may grant a varlance from the provlsions of th~s moratorium ordinance subject to a finding of the following: 1. That the strict applicat~on of the prov~slons of th~s moratorlurn would result in practical difficulties or unnecessary hardshlps inconsistent w~th the general purpose and intent of the moratorium; and 2. That there are exceptional circumstances or condltlons applicable to the property involved or to the intended use or development of the property that do not apply generally to other property 1n the area covered by the moratorium; and 3. That the granting of a variance would not -2- "" CA. RLKiIS: j st 2-10-75 . be materially detrimental to the public welfare or purposes of this moratorium are injurious to the property or improvements in the moratorlUID area. SECTION 6. Any prov~sion of the Santa Monica Municipal Code or appendices thereto inconsistent herewlth, to the extent of such inconsistencies and no further, is hereby suspended for the area described hereln during the morator1Uffi period. SECTION 7. If any sectlon, subsectlon, sentence, clause or phrase of this ordinance is for any reason held to be invalid or uneonstitutlonal by a decision of any court of competent ]urisdietlon, such deciSlon shall not affect the valid~ty of the remaining portions of the ord~nance. The City Counell hereby declares that lt would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof lrrespective of the fact that anyone or more sectlons, sub- sections. sentences, clauses or phrases be declared lnvalid or unconstitutional. SECTION 8. The Mayor shall slgn and the City Clerk shall attest to the passage of thls ordinance. The City Clerk shall cause the same to be publlshed once in the offlcial newspaper withln fifteen (15) days after its adoption. This ordlnance shall become effective after thirty (30) days from its adoptlon. ADOPTED and APPROVED this 25th day of February -II /1 .~, V (:--Ci-''< 'i/ Mayor 1975. ~~----/ /! V,;; ~,_- ../5.. ATTEST: !/ Cz;Z $ ity,%rk -3- " "....., -, CA- RL~S = j st 2-10-75 . STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA MONICA I do hereby certlfy that the forego~ng ordinance was duly and regularly introduced at a meeting of the City Council on the 18th day of the said ordinance was duly adopted at a meeting of the City , 1975, by February , 1975; that thereafter 25th day of Councll on the the following vote: AYES: NOE S : ABSENT: APPROVED AS TO FORM: City Atto'rney February Councilmen: Judson, Lawson, McCloskey, Swink, Trives, Hoover Councllmen: None Councilmen: van den Steenhoven /c::;~//] // / {/ YL--'-C~ l c' y Clerk -4-