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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 -- . 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creating a moratorium on the approval or processing of certain condomlnluM projects and sald ordinance will be deeMed repealed as of September 4, 1979.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 -2- - . 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. -3- .. - 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. -4- :.- -- 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 .------ . --- -5- \ .. .. 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 , - NOES: COUNCILMEMBERS: None -' ~- ABSENT: COUNCILMEMBERS: van den Steenhoven ATTEST: ~,d2- ~. . . -- , ply CLERK