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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
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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
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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
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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.
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Ivlayor
ATTEST:
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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
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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
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