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O1091 I . CA ~LV ~IS:lcb 78-23 '. . 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. -1- CA ~R~~3 . .( 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 -2- s CA.l .( 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. -3- , .8-23 . 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 ~. - ~'i.....- .. --..".. ~ day of . 'June , ADOPTED and APPROVED thls 27th 1978. - -- ~~.L~ MAYOR>' ," , ATT~ST, . ___ - -- - -- - -. /:' - ' - : ' j - - - '2--~ - - - r' r ~// ~~~ Y. ,F:RK .. c. - _' /f '/. ~ " ,.,____._- _ ' .' / ?' ~ " .... - - -.- -: -- :~~~~ .. ---..-..-.-"'"'....-- -4- li. "..... .8-23 . 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 - . - ,/\. ',' - ~ . > .../ ~~~ // / ,~ pxrrr -,~~: ~ ',- v ....._.-. -._ ... __._ ..." .....,... - ... ""--.-. ---- -- -..:: -.. ""5~ ;-'w