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O986 I ... ~-- CA RL_IS:jst 2-10-75 . ORDINANCE NO. 986 (CCS) fClty Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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 AND DECLARING THE EXISTENCE OF AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A morator1um 1S hereby placed on the erection, construction, enlargement, alterat1on, moving, improvement or convers~on, of any bu~lding or structure in 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 C1ty llffi1ts respect1vely: excepting that property consisting of the Ocean Park Redevelopment Project and that property consist~ng of Pal~sades Park." SECTION 2. This Council finds and determ1nes that said moratorlum must be ~mposed in order to preserve the character of said area pending the development of plans relating to future beach front development which do not ant1cipate development in accordance with the existing zoning patterns presently applicable to the area described in Section 1 hereof, and the best 1nterests of the community requ1re that further -1- . '. CA RL~IS:jst 2-10-75 . constructlon and development ln said area be curtalled untll such t~me as the use regulations for said area have been brought lnto conformance w1th completed plans for community development 10 sa~d area. SECTION 3. The Department of Building 1S hereby ordered and d1rected not to issue any permits for the erect1on, construction, enlargement, alteration, mov1ng, improvement or conversion of any build~ng or structure in the aforesald area dur~ng the effect~ve perlod of th~s ordinance, to wit: until August 12, 1975; excepting that such perm~ts may be issued for projects which do not exceed $5,000.00 ln estimated value and exceptlng that such permits may be lssued for purposes of required repair and maintenance. SECTION 4. No person shall commence construction of any project 1n excess of $5,000.00 in actual or estimated value 1n the aforesa1d area dur1ng the effective period of thls ord1nance, to w~t: until August 12, 1975, whether or not such person possesses an exist1ng building perm1t as of the effective date of this ordlnance. SECTION 5. The C1ty Counc~l may grant a var~ance from the provisions of this moratorlUID ord1nance subject to a find~ng of the follow1ng: 1. That the strict application of the provls~ons of th1S morator1um would result 1n practical difflculties or unnecessary hardships inconslstent wlth the general purpose and lntent of the moratorlum; and 2. That there are exceptional clrcumstances or conditlons appl1cable 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 grant1ng of a variance would not -2- ~ ~ . CA RL~IS:jst 2-10-75 . be materially detrimental to the publ~c welfare or purposes of th~s moratorium are injurious to the property or ~mpr0vements ~n the moratorlum area. SECTION 6. Any provision of the Santa Monica Mun~c~pal Code or appendices thereto ~nconsistent herewlth, to the extent of such incons~stencies and no further, lS hereby suspended for the area described herein during the moratorium perlod. SECTION 7. If any sectlon, subsectlon, sentence, clause or phrase of this ordlnance is for any reason held to be invalld or unconstitutional by a decision of any court of competent Jurisdiction, such decision shall not affect the valldlty of the remaining portions of the ordinance. The C~ty Counc~l hereby declares that it would have passed this ordinance and each sectlon, subsection, sentence, clause or phrase hereof irrespect~ve of the fact that anyone or more sections, sub- sections, sentences, clauses or phrases be declared ~nvalid or unconst~tutional. SECTION 8. This Council hereby finds and determines that ~t is urgent for th~s ordinance to take effect upon ~ts adoptlon for the followlng reasons: The State Coastal Zone Conservation Comm~ss~on is presently formulatlng a statewlde plan for beach property development. The C~ty is presently preparlng a beach master plan which will encompass uses for the area descrlbed in this ord~nance different from those uses presently allowable in said area. The ~ssuance of new bUl1d~ng permits or the commencement of construction under exist~ng building permits -3- CA RL~IS:Jst 2-10-75 --.. .. may cause severe detrlment to the formulatlon and inst~tutlon of sald plans, and It lS lrnminently necessary to retaln the eXlstlng character of the beach area, as described herelnabove, as it presently ex~sts so that a workable beach area master plan may be formulated and lnstituted; any new construct~on in the area descrlbed 1h th~s ord1nance w~ll alter the character of the area affected by the moratorium, and cause ~rreversable harm to future development plans for the area. For these reasons, this ordlnance ~s necessary as an emergency measure to oreserve public peace, health and safety. SECTION 9. The ~ayor shall sign 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 offic~al newspaper wlth~n flfteen (15) days after its adoptlon. This ordinance shall become effectlve, pursuant to Section 619 of the Clty Charter, upon ~ts adoptlon. ADOPTED and APPROVED this 18th day of _Ffbruary 1975. ,,- ( -/ -x ( I,' .~. , j , C'--,"7'" } L r Ivlayor ATTEST: ./ 1/ ~~:d:f i /. _ ~ /L~ I Clj Clerk - STATE OF CALIFORNIA COUNTY OF LOS fu~GELES 55. CITY OF SANTA MONICA I do hereby certlfy that the foregolng ordinance was -4- . t 'lo - CA RLeIS:jst 2-10-75 e on the 18th day of duly and regularly introduced at a meeting of the Clty Counc~l , 1975; that there- February after the sald ordinance was duly adopted at a meetlng of the C~ty Councll on the by the following vote: AYES: NOES: ABSENT: APPROVED AS TO FORM: C~ty Attorney 18th February day of , 1975, Councilmen: Judson, Lawson, McCloskey, Swink, Trives, Hoover Councllrnen: None Councilmen: van den Steenhoven ~d:~-',,-z. ' ~~. _ /~ , ei tf;t':Ter k' ~L~ , ;' -5-