SUBJECT: ORDINANCE EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF

Recommendation:

Waive the full reading and adopt the Ordinance.

Background:

In response to public concern regarding the possible demolition of the Bijou Theater auditorium, the City Council previously adopted an Urgency Moratorium Ordinance, and subsequently extended it, to prohibit demolition of historic and architectural resources in the City. The status of the Bijou theater property has not changed and the Council still has significant concerns about the potential demolition and loss of the building.

Analysis:

Based upon City Council concern, staff is providing a one year Moratorium Ordinance extension for City Council consideration. The Ordinance will provide time for staff to complete an inventory of the City's historic resources and to prepare any new zoning regulations necessary for the preservation of historic and architecturally significant buildings in the City. This is the second and final extension of the Moratorium Ordinance.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF HERMOSA BEACH EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Moratorium extended. The moratorium established by Ordinance No. 96-1168U adopted on December 17, 1996 and extended by Ordinance No. 97-116U on January 28, 1997 is hereby extended pursuant to Government Code Section 65858 for a period of one year to December 16, 1998.

Section 2. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law.

Section 3. Statement of Purpose and Urgency Findings. The City of Hermosa Beach continues to conduct studies relative to the identification of historically and architecturally significant resources within the City, and to the efficacy of protecting those resources by means of an historic preservation ordinance. In order to do so, it is in the process of engaging the services of consultants to assist in the identification and inventorying or historic resources, and preparing an appropriate historic preservation ordinance. Pending completion of such studies, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that existing potential historic and architecturally significant resources not be altered or destroyed, which would defeat the very purpose of adopting a historic preservation ordinance; consequently, it is necessary that this ordinance take effect immediately.

If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and that historic and architectural resources might be altered or demolished so as to undermine the very purpose of that ordinance.

Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. Potential architecturally and historically significant resources have been identified by means of a survey, and those resources are listed in Exhibit A to Ordinance No. 97-116U. These structures are not necessarily the only resources which may be identified, nor are the structures listed in Exhibit A necessarily ultimately going to be designated as resources. Nonetheless, the alteration or demolition of the structures listed in Exhibit A would constitute a threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is the second and final extension of an interim ordinance and shall expire one year after the adoption thereof.

This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City.

PASSED, APPROVED and ADOPTED this 23rd day of December, 1997.

Exhibit A

Building Address -- Comments

1. Bank of America Building 90 Pier Ave. -- One of oldest commercial structures in downtown.
2. Hermosa Hotel 26 Pier Ave. -- The oldest building in downtown.
3. Bijou Theater 1229 Hermosa Ave. -- Oldest movie theater in City.

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