O1124
1"
.a RLK:Ja:mc
.,uncil "'g. 05-08-79
Santa Monlc~llfornla
ORDINA1~CE NO. 1124rC~Sl
(C1ty Councl1 Series)
13 I
AJ..~ ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA CREATING A
110RATORIUM ON THE APPROVAL OR PRO-
CESSING OF CERTAIN CONDOMINIUM PRO-
JECTS AND DECLARING THE PRESENCE OF
AN" EHERGENCY.
WHEREAS, the Planning COmmiss1on of the C1ty of Santa
Monica has found that the City's Condominium Code (Artlcles
IX, Chapter I, Sectlons 9122(A) through and includlng 9123(F}
of the Santa Hon1ca Hunicipal Code) merits comprehens1ve reVlew,
..
technlcal refinement and posslble revision to incorporate new
planning crlteria in llght of recent changes in the housing
market; and
\^lHEREAS, on Aprll LD, 1979, the voters of the C1ty
of Santa Monica enacted Artlcle XVIII of the Clty Charter to
provlde for a system of rent control ln the Clty; and
WHEREAS, Article XVIII prov1des that removal of con-
trolled rental unlts from the rental market for proposed condo-
m1nlum projects shall be subJect to approval of a yet to be
established Rent Control Board; and
WHEREAS, the Clty Plann1nq Commission recommended
that a full evaluatlon be conducted of the relat10nshlp between
Article XVIII of the Clty Charter, State and local subdivision
laws and the City's Condomin1um Code and possible reV~Slons
thereto; and
WHEREAS, Slnce Aprl1 IO, 1979, a number of condominlum
projects have been flIed for process1ng with the City Planning
}?;I
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.. RLK:A&mc
IIbncll ~g. 05-08-79
Santa l1onlca_ifornla
DeparL~ent that involve elther conversion of existing
apartments to condominlums or removal of existlng dwelling
units to make way for new Condoffilnium construction; and
WHEREAS, the condomlnium projects proposed in said
appl1cations fl1ed after Apr~l 10, 1979, may be in confllct
with the contemplated evaluation and revision of the C1ty'S
Condomlnium Code: and
WHEREAS, The Clty Planning Comm1ssion has recommended
that the Clty Council enact a moratorium for one hundred twenty
(120) days on the acceptance, approval or processlng of permlts
and appl~catlons for condoMlnium proJects WhlCh lnvolve either
convers1on or removal of eX1st1ng dwell1ng units, as an interim
measure pendlng complet1on of the study of proposed revlsions
to the Condomlnium Code and ltS proper relationship to the
subdlvislon laws and Artlcle XVIII of the City Charter: and
WHEREAS, the Clty Council hereby concurs In and afflrms
the flndings and recommendations of the City Plann1ng Commission:
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS
AS FOLLOWS:
SECTION 1. A moratorium is hereby placed on the
approval or processing of any applicat10n for approval of a
Tentative Tract or Parcel Map for a condominlUffi or community
apartment project involv1ng the converSlon or removal of
controlled rental unit{s} and filed wlth the City Plannlng
Department after Aprll 10, 1979.
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;
aRLK:AAmc
~ncil--~. 05-08-79
Santa Monlca, 4111tfornia
SECTION 2. A moratorium lS further placed on
the acceptance for processing of any new appllcations for
approval of a Tentatlve Tract or Parcel Map for a condo-
minlum or commun1ty apartment proJect involving either the
converSlon or removal of controlled rental unites) and
filed w1th the City Plann1ng Department after the effective
date of th1S ordlnance.
SECTION 3. A moratorium is further placed on
the approval or processing, pursuant to Santa Monlca Muni-
cipal Code Sections 9l22(A} through 9123(F}, of any appl1-
cations for approval of proposed condomln1um, stock cooper-
ative or community apartment proJects involvlng the conversion
or removal of controlled rental un~t(s) and filed with the Clty
Plannlng Department after April 10, 1979, or the acceptance
for fil1ng of new such applicatlons after the effective date
of thlS ordinance.
SECTION 4. This moratorium shall not apply to
the acceptance, approval or proceSS1ng of an appllcatlon
to develop a condoID1nlum, commun1ty apartment or cooperative
apartment proJect 1f the eXlsting rent~unit(s} to be de-
molished or converted have received a declarat10n of exemption
from Article XVIII of the Charter, or a removal permit from
the Interlm Rent Control Board.
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a RLK:AA:mc ..
~cil ~g. 05-08-79 Santa Monica~lfornia
SECTION 5. This ordinance is declared to be an emer-
gency measure adopted pursuant to the prov~slons of Section 615
of the Santa Mon1ca C~ty Charter and is necessary for preserv1ng
the publlC peace, health and safety, and the urgency for lts
adoption as set forth 1n the findings above.
SECTION 6. Any provision of the Santa Mon~ca Munlcipal
Code or appendlces thereto inconsistent herew1th, to the extent
of such lnconsistencles and no further, are hereby suspended
for the type of construct~on and development descrlbed hereln
durlng this moratorium.
SECTION 7. If any prov1S1on of thlS ordlnance 1S
held to be unconstltutional by any court of competent Jurisdiction,
it is the intent of the City Council that such portion of such
ordlnance be severable from the remainder and that the remalnder
be given full force and effect.
SECTION 8. Th1S ordinance shall take effect and
be in full force 1mmediately after the passage and adoption
thereof and shall remaln ln effect untll September 4, 1979,
at which t1me it shall be of no further effect and shall be
deemed repealed.
SECTIon 9. The r4ayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The Clty Clerk
shall cause the same to be published once ln the official news-
paper withln fifteen (15) days after its adoptlon. The ordinance
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. RLK:1A:l'1.c
uncil-~g. 05-08-79
Santa Mon1~allfornia
shall become effective from and after ltS adoption.
ADOPTED and APPROVED thlS 8th day of
?-Ia Y
,
1979.
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it t-^v, . 1'l!ti./~J~-t{At7~
Mayor
ATTEST:
~
ifI," /,~A.-L.-- ~'~'L
,.c-' y ~lerk
(
APPROVED AS TO FORM:
02tv~~ ~ ~~~~
'J ~ ~~~ShaN!.SP"k
City At orney
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e
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ADOPTED AND APPROVED THIS
8th
DAY
OF
lvla y
J 1979,
h-"
V?, i <
ttaw Ct'~U~tL,{fb(' tf2~t-J
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
No. 1124.1 WAS DULY AND REGULARLY I NTRODUCED AT A MEET I NG OF
THE CITY COUNCIL ON THE 8th DAY OF May J 1979; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 8th
BY THE FOllOWING COUNCIL VOTE:
DAY OF May
~ 1979
AYES:
COUNCIlMEMBERS: Bambrick, JennIngs, Reed, Scott,
Yannatta, van den Steenhoven
NOES:
COUNCILMEMBERS: ~one
ABSENT:
COUNCILMEMBERS: Swink
I1.TTEST:
~r~ ~..Jlvv
fJlY' ({ERK