SUBJECT: PUBLIC HEARING ON MORATORIUM ON CONVERSION OFFICE AND RETAIL USE OF RESTAURANT USE IN THE DOWNTOWN AREA - ORDINANCE EXTENDING MORATORIUM TO NOVEMBER 31, 2001.

 

RECOMMENDATION

That the City Council conduct the public hearing and consider extending the moratorium until November 13, 2001.

 

BACKGROUND

The moratorium was adopted by the City Council on November 14, 2000 and this public hearing was set at your November 28, 2000 meeting.

Pursuant to Government Code Section 65858, a report was prepared and available ten days prior to this public hearing.

Staff has, in accordance with your directions, sent out Request for Proposals to firms that perform land use and economic studies. These proposals, once received, will be reviewed and a recommendation made for your consideration to either proceed with a comprehensive study or adopt some other measures.

The moratorium can be removed at any time by the City Council as a result of the completion of the study or adoption of other measures. Staff is not aware of any proposal to change office or retail use to restaurant use. The time line to complete all of the work outlined in the November 21, 2000 council item was September, 2001. This includes work by the consultant, public hearings and input from business and property owners.

 

 

ORDINANCE NO.

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH EXTENDING A MORATORIUM ON CONVERSION OF OFFICE AND RETAIL USE TO RESTAURANT USE IN THE DOWNTOWN AREA 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. oo-1208U, adopted on November 14, 2000, is hereby extended pursuant to Government Code Section 65858 for a period of ten months and fifteen days to November 13, 2001.

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 intends to conduct studies forthwith relative to the appropriate distribution of commercial uses in the geographic area described in Exhibit A, and in particular, to determine whether there exists an overconcentration of restaurants in that area to the detriment of other commercial activity. The purpose of this study and any subsequent legislation is to attain the goal of a healthy and diverse downtown business climate in which a wide array of businesses may thrive. Pending 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 and/or new restaurants not capture an even greater share of finite commercial space, which would defeat the very purpose of adopting an ordinance that seeks commercial and retail diversification; 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 commercial square footage may become committed in a way 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 survery, and those resources are listed in Exhibit A to Ordinance No. 00-1208U. 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 an interim ordinance and shall expire in ten (10) months and fifteen (15) days after the adoption thereof unless extended pursuant to the provisions of Section 65858 of the Government Code.

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 12th day of December, 2000.

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