PROPOSAL BY COUNCILMEMBER EDGERTON TO ENACT A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE IN THE DOWNTOWN AREA AS DEFINED.

Recommendation:

That the City Council consider whether or not to adopt a moratorium on the conversion of commercial uses to restaurant until the Specific Plan Study is completed.

Background:

Councilmember Edgerton requested that this issue be placed on the agenda for 9/14/99. An ordinance is attached that will prevent the conversion of existing commercial space to restaurant use until a complete Specific Plan study is done. As you will recall staff was directed at the 7/27/99 meeting to develop an outline for a Specific Plan for the downtown area. If a moratorium were adopted no additional restaurant uses would be approved until the specific plan is done.

 

 

ORDINANCE NO.

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH ESTABLISHING A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE AND DECLARING THE URGENCY THEREOF

 

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

 

Section 1 . Moratorium declared . Except as otherwise provided in Section 4 hereof, the City of Hermosa Beach hereby declares a moratorium on the issuance of building permits, demolition permits, conditional use permits, variances, zone changes, precise development plans and any other entitlements for the use or development of land which would result in the conversion of commercial space to new or expanded restaurant use in the geographic area of the City described in Exhibit A attached hereto and incorporated herein by this reference.

 

Section 2 . Moratorium defined . Except as otherwise provided in Section 4 hereof, notwithstanding any other ordinance or Code of the City of Hermosa Beach, no application for a building permit, demolition permit, conditional use permit, variance, zone change, precise development plan or other permit or entitlement for use for new construction shall be accepted, processed or issued which would result in the creation of new or expanded restaurant space from existing commercial space in the geographic area described in Exhibit A, and no environmental assessment, environmental impact report, negative declaration or categorical exemption shall be prepared in connection with any such permit or entitlement.

 

Section 3 . Definition . For purposes of this Ordinance, a "restaurant" shall mean as defined in Section 17.04.050 of the Municipal Code.

 

Section 4 . Exemptions . The moratorium or limitation provided for in Sections 1 and 2 hereof shall not be applicable to any of the following:

 

(a) New or expanded restaurant use for which discretionary permits were approved and final prior to the adoption of this Ordinance.

 

(b) Minor changes of a building footprint for an existing building or structure solely for the purpose of providing access for the disabled and if in compliance with applicable zoning and development standards.

 

(c) Minor modifications to an existing building required by law to be constructed in order for the building to comply with applicable fire, building or other safety requirements.

 

(d) Emergency repair or replacement of a structure existing on or before September 14, 1999 and damaged by fire, flood, or other natural causes.

 

(e) Changes in the ownership, name, or operating characteristics of a restaurant existing as of September 14, 1999, unless the restaurant use has been abandoned for a period of longer than six months.

 

Nothing contained in this section shall exempt or except construction or use exempted by this section from any requirement or regulation of the Building Code, Zoning Ordinance, or other ordinance of the City of Hermosa Beach.

 

Section 5 . Relief from Moratorium . The owner of any structure or property may apply to the City Council for relief from this moratorium on the grounds that the structure or property cannot be used for any economic purpose whatsoever absent an exception from this moratorium. Upon receipt of such an application, the City Council shall conduct a duly noticed public hearing, receive and consider the evidence submitted with regard to the application, and exempt the structure or property from this moratorium only if it finds that the structure or property cannot be used for any economic purpose whatsoever unless it is exempted from this moratorium.

 

Section 6 . Severability . If any part or provision of this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.

 

Section 7 . 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 8 . 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. 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 forty-five (45) 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 14th day of September, 1999.

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