O1091
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CA ~LV ~IS:lcb 78-23
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ORDINANCE NO. 1091 (CCS)
(C1ty Counc11 Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CREATING
A MORATORIUM ON THE CONSTRUCTION,
ERECTION, CREATION OR DEVELOPMENT
OF ANY STOCK COOPERATIVE HOUSING
WITHIN THE CITY OF Sfu~TA MONICA AND
DECLARING THE PRESENCE OF AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SM~TA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
A morator~um 1S hereby placed on
the construction, erection, creation, development or
approval of any stock cooperative housing project in any
and all districts in the City of Santa Mon1ca.
SECTION 2.
It is the intent of the City of
Santa Monica for purposes of this emergency zoning ord1nance
to treat stock cooperative housing projects differently
from apartment building projects (and similar structures)
due to the different 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
Sectio~ 17265 of the Revenue and Taxat~on Code of the State
of Callfornla and Section 216 of the Un1ted States Internal
Revenue Code.
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SECTION 4A
ThlS Council finds and determlnes
that this moratorium must be imposed in order to preserve
the public health and safety of all prospective buyers or
renters of such stock cooperative housing projects as
are affected in general or by this ordinance, as well as
to protect all the citlzens of Santa Monica by preservlng
and lmproving the aesthetlc and environmental condltlons
of thelr City.
SECTION 5. All departments, commissions, boards
and agencies of thlS Clty are hereby ordered not to grant
any sort of approval, whether discret10nary or ministerial,
which 1S otherwise required, to any stock cooperatlve
housing project as deflned herein, during the period of
this moratorlum.
SECTION 6. Any provision of the Santa Monlca
Munlcipal Code or appendices thereto inconsistent herewlth,
to the extent of such inconsistencies and no further, are
hereby suspended for the type of construction and develop-
ment described herein during this moratorium.
SECTION 7. If any provision of th1s ordlnance 18
held to be unconstitutlonal by any court of competent
Jurisdiction, it is the intent of the City Council that
such portlon of such ordinance be severable from the
remainder and that the remainder be glven full force and effect.
SECTION 8. The City Council may grant a variance
from the provlsions of thlS moratorium ord~nance upon
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recommendation of the Planning Commission, subject to
a finding of the followlng:
1. The strict application of the
provisions of the moratorium to a
particular stock cooperative houslng
project would result in practical
d~fficulty and unnecessary hardsh~ps
inconsistent with the general purpose
of the moratorium;
2. That there are exceptional
circumstances or cond~tions applicable
to this condominium proJect that do
not apply generally to the other
projects covered by thlS moratorium~
and
3. That the granting of a variance
would not be materially detrimental
to the public welfare as defined
above.
SECTION 9. Under no circumstances is thlS
ordlnance to be interpreted to apply to any prqJect which
has already received approval by the Planning Commission,
or the City Council, or has received necessary permits
from City offices, or for WhlCh substantial expense or
l1abilities have been 1ncurred.
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SECTION 10. Th1.s ord1.nance 1.S declared to be an
emergency measure adapted~pursuant to the provisions of
Sect1.on 615 of the Santa Mon1.ca City Charter and 1.S
necessary for preserv1.ng the PUbl1.~ peAce, health and
safety, and the urgency tQr its adoption is. set forth l.n
the f1.nQl.ngs above.
SECTION 11. Thl.s ordinance shall take effect and
be in full force immediately after the passage and adoption
thereof and shall remain 1.n ,effect until August 1, 1978,
at which t1.me it shall be of no further effect and shall
be deemed repealed.
SECTION 12. The Mayor shall s~gn and the City
Clerk shall attest to the passage of this nrdinance. The
Clty CleFk shall cause the same to be publ~shed once in the
official newspaper wlthl.n fl.fteen (15) days af~er its
its adoptlon.
adoption. The ordinance shall become eff~etiv~ ~~~m and after
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day of . 'June
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ADOPTED and APPROVED thls 27th
1978.
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MAYOR>' ," ,
ATT~ST, . ___
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 55.
CITY OF SANTA MONICA }
I do hereby certlfy that the foregoing ord~nance
was duly and regularly i~Froduced at a meeting of the
Clty Council on the 2?tb day of June
, 1978 ~ that
thereafter the sald ordinance was duly adopted at a
meeting of the C,l. ty Cormcll on the 27th day of
June
,
1978; by the fol1owlng vote of the Council:
AYES:
Councilmember: Bambrick, Reed, Scott,
Trives, van den
Steenhoven, Mayor Swink
NOES:
Councllmember: None
ABSENT:
Councilmember: --Cohen
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