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File #: 15-0111    Version: 1
Type: Gen. Bus. - Staff Report Status: Passed
In control: City Council Regular Meeting
On agenda: 3/4/2015 Final action: 3/4/2015
Title: Council Consideration and Direction for a Hardship Exemption from the Downtown IZO to Allow a Change of Use for a Retail Use to Temporarily Occupy a Restaurant Space at 1140 Highland Avenue (Community Development Director Lundstedt). DISCUSS AND PROVIDE DIRECTION
Attachments: 1. Ordinance No. 14-0011-Downtown IZO 7-15-14, 2. IZO Hardship Exemption Request Letter-1140 Highland
Related files: 15-0366
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Mark Danaj, City Manager

FROM:
Marisa Lundstedt, Community Development Director
Laurie Jester, Planning Manager

SUBJECT:Title
Council Consideration and Direction for a Hardship Exemption from the Downtown IZO to Allow a Change of Use for a Retail Use to Temporarily Occupy a Restaurant Space at 1140 Highland Avenue (Community Development Director Lundstedt).
DISCUSS AND PROVIDE DIRECTION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council consider and provide direction on the hardship exemption from the Downtown IZO to allow a change of use for a retail use to temporarily occupy a restaurant space at 1140 Highland Avenue.
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FISCAL IMPLICATIONS:
There are no known fiscal implications to the City of Manhattan Beach with the recommended action.

BACKGROUND:
An Interim Zoning Ordinance (IZO) was adopted in July 2014 (Attachment 1) as an Urgency Ordinance for the Downtown area. The IZO, Ordinance No. ORDU 14-0011, is a "time-out" and does not allow a change from one use classification to another, such as the subject request to change the restaurant use to a retail use. The purpose of the IZO is to maintain the status quo of uses in the Downtown while the area is being studied and new guidelines and regulations are developed. The IZO allows for a Hardship Exemption as stated in Section 3 (Attachment 1).

DISCUSSION:
Section 3 of the IZO allows review of a Hardship Exemption if an application is filed in writing, contains all documentation to support the hardship claim, and it is filed 10 days in advance of a regular meeting of the City Council. The Ordinance states "...The City Council shall grant a hardship exemption upon making a finding that denial of the exemption and enforcement of this Ordinance against the applicant's property would result in the applicant being deprived of all ec...

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