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O1017 ,- CA RLtlfIs:ca1ltlO-30-75 . - ORDINANCE NO. 1017 (CCS) (City Council Ser~es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREAT- ING A MORATORIUM ON THE APPROVAL OF ANY CONDOMINIUM CONVERSION PROJECT WITHIN THE CITY OF SANTA MONICA AND DECLARING THE PRESENCE OF AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. A moratorium ~s hereby placed on the approval of the converSlon of any apartment house into a condom~nlum if a conversion permit, or tentative or f~nal tract map approval has not been granted by the plann~ng comm~s- sion or the City Councilor If substantlal expense or liabil~tles ~n connection with conversion have not taken place. SECTION 2. It is the intent of the City of Santa Monica for purposes of thlS emergency zoning ordinance to treat condominium projects differently from apartment build- lng proJects (and slm~lar structures) due to the different demands the two types of projects place upon the city. For the purposes of this ordinance the followlng definitions shall apply: COMMUNITY APARTMENT PROJECTS A proJect in WhlCh an undiv~ded interest ln the land is coupled with the r~ght of exclus~ve occupancy of any apartment thereon. For the purposes of th~s ordinance community apartment proJects w~ll be subject to the same restr~ctions and conditlons as condomln~um proJects. -1- e . . e CONDOMINIUM An estate in real property consisting of an undivided interest in common and a por- tion of a parcel of real property together with a separate interest in space and real property, such as a residence, apartment, apartment house, office or offices, store or stores. A condom~n~um may include ~n add~tion a separate interest in other portions of such real property. CONDOMINIUM PROJECTS The entire parcel of real property, div- ided or to be d~vided ~nto condomlniums, including all structures thereon. SECTION 3. ThlS councll flnds and determines that the moratorium must be imposed in order to preserve the public health and safety of all prospective buyers or renters of such condominium proJects as are affected by this ordlnance, as well as to protect all the c~tizens of Santa Monica by preserving and improving the aesthetic and environmental con- ditlons of their city. SECTION 4. The planning commission is hereby ordered not to grant approval to any condominium conversion during the perlod of this moratorlUffi. SECTION 5. Any provlsion of the Santa Mon~ca Municlpal Code of appendices thereto lnconSlstent herewith, to the extent of such lnconsistencles and no further, ~s hereby suspended for the type of construction descrlbed hereln dur~ng the moratorium. -2- e . . e SECTION 6. If any provision of this ordinance is held to be unconstitut~onal, ~t ~s the ~ntent of the City Council that such portion of such ord~nance be severable from the rema~nder and that the remainder be g~ven full force and effect. SECTION 7. The city Counc~l may grant a var~ance from the provisions of th~s morator~um ord~nance upon recommen- dation of the plann~ng commission, subJect to a findlng of the follow~ng: 1. The str~ct applicat~on of the provislons of the morator~um to a par- ticular condominlum proJect would result ln practical difficulty and unnecessary hard- ShlpS inconslstent with the general purpose of the moratorium; 2. That there are exceptional c~rcumstances or conditions appl~cable to this condomlnlum proJect that do not apply generally to the other projects covered by this moratorium; and 3. That the grantlng of a var~ance would not be materially detrimental to the public welfare as def~ned above. SECTION 8. Under no circumstances is this ord~nance to be interpreted to apply to any project which has already rece~ved approval by the plannlng commlSS1on, or the city councilor for WhlCh substantlal expense or l1abilitles have been incurred. SECTION 9. Th1S ordinance 1S declared to be an emergency measure adopted pursuant to the prov~slons of -3- e . . e Section 615 of the Santa Monica City Charter and ~s necessary for preserv~ng thepubl~c peace, health, and safety, and the urgency for its adoption as set forth in the findings above. SECTION 10. This ordinance shall take effect and be ~n full force immediately after the passage and adopt~on thereof and shall remain 1n effect until March 11, 1976, at wh~ch t~me ~t shall be of no further effect and shall be deemed repealed. SECTION 11. The City Clerk w1ll cert~fy to the passage and adoption of this ordinance and shall cause the same to be published once ~n the Santa Monica Even~ng Outlook, a newspaper of general clrculation, publlshed and clrculated in the City of Santa Monica. ADOPTED and APPROVED this 11th day of November 1975. /7~;,n~ ~~ J Mayor ATTES'l' : STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55. CITY OF SANTA MONICA I do hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Counc~l of the Clty of Santa Monica on the 11th day of November , 1975, pursuant to ~6l5 of the Charter of the C1ty of Santa Monica, by the followlng vote of the Council: AYES: Counc~lmember: Cohen, Judson, Reed, Swink, van den Steenhoven, Trives NOES: Councllmember: McCloskey ABSENT: Councilmember: None AP,PROVE) AS TO %O~:7 _ _, _"1 ' , A ,/ / I f ~ -/ L1 ~.r _ ,I ;' ,{. q r '"?e( >--:--/ / City Attt:lrne'y -4- _ e PROOF OF PUBLICA liON (2015.5 C.C.P') STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaId; I am over the age of eighteen years., and not a party to or Interested in the above-entitled matter. I am the prinCipal clerk of the printer of the .. ....... ...~.Y.~t'l.!.~ ~. .9.~:r:~.q~~...... ..... a newspaper of general cIrculation, printed and published ...~~.!.~)':..~.~~7R.~..~.~~~.~.Y In the City of .....~~~.~-~..~.C?~.!.~~.. ...... County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulatIon by the Superior Court of the County of Los Angeles, State of CalifornIa, under the date of.J.an.2.6. 19.3.L Case Number ..E ;.~.l~....; that the notrce, of which the annexed IS a printed copy (set In type not smaller than nonpareil L has been published In each regular and entire Issue of said newspaper and not many supplement thereof on the followmg dates, to-Wit NOV 1 7 1915 all In the year 19.7.5. I certify (or declare) under penalty of perlury that the foregOing IS true and correct Dated at San ta Mon i ca .. I............ "' ..... . ............ ...... I .... I ...... I .......... . EV OK ';_r;;h_' 2~~~ir~- '1IL~; This space is forJI'ye\COur~~!erk's Filing Stamp I v L... f"i\ ~Jr)H ,I 7 "") ..' It'') 7 ,-. I 1- - I . . ~}. Ii T.t r' ,L -' .' . ~ .! Proof of Publication of ....................."'.......... .,.......,.............. ... ORUI'\A'\& 1'\0 11m 1('(''' I ( City Council Senes) \'1; ORI>INA"IlCE OF THE CITY COl'i\Cn. OF TnE ('ITV OF ,,\. '\:1": \ lUll!'.:'''''' at whlcn urne It snaLl De 01 no turther I;'tfeet and shall be deemed repealed - SEctION 11 The City Clerk wIll certify to the passage and adoptJon of thIS ordInance and shall cause the ...nnll' to Ill' pubh~hed once In '1-, "'.lnl.. MOnica Evenmg Outlook. a newspaper of ~eneral clrcuJal1on. pubhshed and Circulated In the City of <::.anta MODIca \UOPTED and APPROV. En thl:!l lltft day of NO'velll- ber 1975 NATHANIEL TRIVES, Mayor ATTEST K 0 GRUBB, CIty Clerk State of Cahlorma .1 ('ounlV of Los Angele~ lss Cltv of Sdnta MOnIca I [ do hereby cerUfy that the toreg01ng ordlhance was duly and regularly mtroduced and adopted at a meetmg of the Cltv CounCIL of the City of Santa MOnIca on the 11th day 01 ">;ovember. 1975. pursuant 10 &615 01 the Charter of the ('It v 01 'ianta MonIca, by the lollowmg vote of the CauncLl A YES Councllmember Cohen. Judson, Reed, SWInk, van den Steenhoven. Trlves ;\iOES Councllmember- :\1l Clo<;key .\llSENT Councllmember. nnnp K 0 (;HUHB, CIty Clerk Puh [\;l)~. 17-1975 ~ ~ . ~~~~- -