O1077
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ORDINANCE NO. 1077(CC5)
(City Councl1 Series)
AN ORDINANCE OF THE ~I~Y COUNCIL
OF THE CITY OF SANTA MONICA CREATING
^ MORATORIUM ON THE CONSTRUCTION,
ERECTION I CREATION OR DEVELOPMENT
OF ANY STOCK COOPERATIVE HOUSING
WITHIN THE CITY OF SANTA MONICA AND
DECLARING THE PRESENCE OF AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
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DOES ORDAIN AS FOLLOWS:
SECTION 1.
A moratorlum is hereby placed on
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the construction, erection, creation, development or
approval of any stock cooperative housing project ln any
and all distrlcts ln the Clty of Santa ~onica.
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SECTION 2. I~ ~s the 1ntent of th~~City of
Santa Monica for purposes of thlS emergency zoning ordlnance
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to treat stock cooperative' housing prqjects differentLy
from apartment bUllding proJects (and slmilar structures)
due to the dlfferent demands that the two types of
proJects place upon the.City.
SECTION 3. For purposes of this ordinance, a
stock cooperative housing proJect shall be as defined in
Section 17265 of the Revenue and Taxat10n Code of the State
of California and SectLon 216 of the United States Internal
Revenue Code.
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CA 78- ^ ") 2-6-78
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SECTION 4.
Th~s Councll finds and determlnes
that th1s moratorlum must be 1mposed ln order to preserve
the publlC health and safety of all prospective buyers or
renters of such stock cooperat1ve hous1ng proJects as
are affected 1n general or by thls ordlnance, as well as
to protect all the c~tlzens of Santa Mon1ca by preserv1ng
and lmproving the aesthetlc and environmental cond1tlons
of theLr Clty..
SECTION 5. All departments, commissions, boards
and agenc1es of thlS C1ty are hereby ordered not to grant
any sort of approval, whether d1scret1onary or minlsterlal,
WhlCh lS otherwise requlred, to any stock cooperatlve
houslng proJect as def1ned hereln, durlng the per10d of
thls moratorlum.
SECTION 6. Any provlslon of the Santa Monlca
Munlcipal Code or appendlces thereto inconslstent herewlth,
to the extent of such lncons1stencles and no further, are
hereby suspended for the type of construct1on and develop-
ment descrlbed hereln dur1ng this moratorlum.
SECTION 7.
If any provlsion of thlS ordinance 15
held to be unconstltutlonal by any court of competent
Jurlsdlctlon, it lS the lntent of the Clty CaunCll that
such portlon of such ordlnance be severable from the
remalnder and that the remainder be glven full force and effect.
SECTION 8. The City Councll may grant a varlance
from the prOV1Sl0nS of thlS moratorlum ordinance upon
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CA 78. 2-6-78
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SECTION 9. Th1S ord1nance is declared to be an
emergency measure adopted pursuant to the provislons of
section 6lS of the Santa Mon1ca City Charter and is
necessary for preserving the public peace, health and
safety, and the urgency for ltS adoption ~s set fqrth in
the flndlngs above.
SECTION 10. This ordlnance shall take effect and
be In full force immediately after the passage and adoption
thereof and shall remaln In effect untll May 14, 19?8.
at WhlCh tlme lt shall be of no further effect and shall
be deemed repealed.
SECTION 11. The Mayor shall slgn and the City
Clerk shall attest to the passage of thlS ordinance. The
City Clerk shall cause the same to be published. once in the
offlclal newspaper withln flfteen (15) days after its
adoption. The ordinance shall become effective from and
after lts adoptlon.
ADOPTED and APPROVED thlS 14th day of February
,
1978.
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ATTEST:
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'CITY aE n- -. - - ~ . ~-:-. -H, -
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STktE 9F -Cl\.LIFORN$l\. ~ }:
COUN':P'Y .q.F .LOS ,,:,~G11.ES' )
CITY -OF S~NTA ~-M9NICA )
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CA 78. 2-6-78
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I do hereby certify that the foregolng ordinance
was duly and regularly introduced at a meeting of the
City CounCl1 on the 14th day of February
, 19 7 B ; that
thereafter the said ordinance was duly adopted at a
meetlng of the City Council on the 14th
day of
Februarv
,
,
1978; by the following vote of the Council:
AYES:
Councilmember: Bambrick, Cohen, Reed,
Scott, Trives, Mayor
Swink
NOES:
Councl1member: None
ABSENT:
Councilmember: van den Steenhoven
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~. ~ERK ' ~:
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