O1017
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CA RLtlfIs:ca1ltlO-30-75
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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.
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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.
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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
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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 _ _,
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f ~ -/ L1 ~.r _ ,I
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City Attt:lrne'y
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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
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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-
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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
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