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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 -; .. 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. -2- ; 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. -3- 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 -4- . . 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. ;;~ ij (! ..... '/ ,/ ! 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 -5- / . e e '" 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