O1132
CA ~S:dd
coun~et~ng
Q8~28-79
Santa Monica, cal4illJla
ORDINANCE ~O. 1132(CCS)
{City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING THE
MORATORIUM ON THE APPROVAL OF PRO-
CESSING OF CERTAIN CONDOMINIUM PROJECTS
AND DECLARING THE PRESEHCE OF AN
E!.ffiRGENCY.
WHEREAS, the Plann~ng Commission of the City of Santa
Monlca has found that the City's Condomlnium Code (Artlcles
IX, Chapter I, Sectlons 9122{A) through and including 9l23{F)
of the Santa Monica Municipal Code) merits comprehensive reVlew,
technical refinement and possible revision to incorporate new
plannlng crlteria in light of recent changes ln the houslng
Market; and
T1HE~EAS, on April 10, 1979, the voters of the City
of Santa ~1onlca enacted Artlcle XVIII of the City Charter to
provlde for a system of rent control in the CltYi and
rrlHEREAS, Article XVIII provLdes that removal of
controlled rental units fron the rental market for proposed
condominiUM projects shall be subject to approval of the
Rent Control Board; and
'\fHEREAS, the City Plannlng Commisslon recornnended that
a full evaluation be conducted of the relationshlp between
Article XVIII of the City Charter, State and local subdivlsion
laws and the City's Condoninium Code and possible revislons
thereto; and
WHEREAS, since Aprl1 10, 1979, a nQ~er of condominium
projects have been flIed for prQcess~ng wlth the City Plannlng
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Department that involve either conversion of existing apart-
ments to condominiums or removal of existing dwelling units
to make way for new condominiUM construction; and
WHERFAS, the condomlni~ projects proposed In said app1i-
catlons flIed after April 10, 1979, May be 1n con=llct wlth the
contemplated evaluat~on and rev~sion of the City's Condominlum
Code; and
WHEREAS, the City Council of Santa Monica aqopted an
emergency ordinance on May 8, 1979, creating a moratorium
on the approval or processing of certain condomlnluM projects
and sald ordinance will be deeMed repealed as of September 4,
1979.
WHEREAS, The City Planning Commisslon has recommended
that the City Council extend the moratorium for one hundred
elghty (180) days on the acceptance, approval or processing of
perMits and applicatlons for condoMlniuM projects WhlCh involve
elther converSlon or removal of existing dwell1ng unlts, as
an lnterlm measure pending completion of the study of proposed
revisions to the Condominium Code and its proper relationship
to the subdlvision laws and Artlcle XVIII of the Clty Charter;
and
WHEREAS, the City Councll hereby concurs in and afflrms
the findings and recommendations of the C1ty Planning Commission:
THE CITY COUNCIL OF THE CI':'Y OF SANTA HONICA ORDAINS
AS FOLLOWS:
SECTION 1. An extension ~s hereby made of the moratorium on
the approval or processing of any application for approval of a
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Tentatlve Tract or Parcel Map for a condoMlnlum or COMffiUnlty
apartment project involving the conversion or removal of
controlled rental unites) and filed with the City Planning
DepartMent after April 10, 1979.
SECTION 2. An extension of the rnoratorlun 15 further placed
on the acceptance for processing of any new applicatlons for
approval o~ a Tentative Tract or Parcel Map for a condominium
or community apartMent proJect lnvolvlng either the converSlon
or removal of controlled rental unites} and filed with the
City Plannlng Departnent after the effective date of this
ordlnance.
SECTION 3. An extension of the moratorlum 15 further
placed on the approval or processlng, pursuant to Santa Monica
Munlc1pal Code Sections 9l22(A) through 9l23(F), of any
applications for approval of proposed condoMinium stock
cooperative or community apartment projects 1nvolving the
conversion or removal of controlled rental unit(s) and
flIed wlth the C1ty Plannlng Department after A~rll 10, 1979,
or the accep~ance for filing of new such ap~lications after
the effectlve date of thlS ordinance.
SECTION 4. This Moratorium shall not apply to the
acceptance, approval or processing of an applicatlon to develop
a condoffilnluM, cornmunlty apartment or cooperatlve apartment
proJect ~f the ex~sting rental un1t(s) to be deQollShed
or converted have received a declaration of exemptlon
from Article XVIII of the Charter, or a removal permit from
the Permanent Rent Control Board.
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SECTION 5. This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter and is necessary for preserving
the public peace, health and safety.
SECTION 6. Any prov~s~on of the Santa l1on1ca Mun~cipal
Code or appendices thereto ~nconsistent herewith, to the extent
of such inconsistencies and no further, are hereby suspended
for the type of construction and develoPMent described herein
durlng thlS moratorium.
SECTION 7. If any prOV151on of thlS ordlnance 15
held to be unconstltutional by any court of conpetent ]urisdict1on,
it is the intent of the City Council that such portion of such
ord~nance be severable from the remainder and that the remalnder
be given full force and effect.
SECTION 8. This ordinance shall take effect and be ln
full force ~edlately after the passage and adoption thereof
and shall reMain in effect until tlarch 4, 1980, at WhlCh
time it shall be of no further effect and shall be deemed
repealed.
SECTION 9. The Mayor shall slgn and the Clty Clerk
shall attest to the passage of thlS ordinance. The C1ty
Clerk shall cause the same to he published once 1n the offlcial
newspaper within flfteen (15) days after its adoption.
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The ordinance shall become effect1ve fro~ and after ~ts
adopt~on.
ADOPTED and APPROVED th1S II th day of September,
1979.
CHARLES KENT MCCLAIN
City Manager
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ADOPTED AND APPROVED THIS
11th
DAY
OF September
J 1979,
~w(1 ~A),6AI~k~
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ
No. 1132 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 11~h DAY OF September J 1979; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CI TY COUNC I L ON THE 11 th DAY OF Septemb~r
BY THE FOLLOWING COUNCIL VOTE:
I 1979
AYES:
COUNCILMEMBERS: Bambrick, Yannatta Goldway,
JennIngs, Reed, Scott
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NOES:
COUNCILMEMBERS: None
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ABSENT:
COUNCILMEMBERS: van den Steenhoven
ATTEST:
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ply CLERK