SR-8-D (13)
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CA:RMM:11596/hpc
City Council Meeting 5-8-90
Santa Monica, California
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STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Authorizing a Hardship Exception to
Ordinance Number 1507 (CCS)
At its meeting on April 10, 1990, the City Council directed
the City Attorney to prepare an ordinance that would provide for
a hardship exception from the moratorium currently in effect in
the residential areas of the City located North of Wilshire
(codified in Ordinance Number 1507(CCS)). The exception was to
be narrowly written so as to apply to buildings which were vacant
and in escrow at the time that the moratorium was enacted. The
buildings were not to have been vacated through use of the Ellis
Act in order for the exception to apply.
The accompanying
ordinance has been prepared in response to this direction and is
presented for consideration.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance introduced for first reading.
PREPARED BY:
Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
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MA'f '8 1990
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CA:RMM:ll595/hpc
city Council Meeting 5-8-90
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING A HARDSHIP
EXCEPTION TO ORDINANCE NUMBER 1507 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Notwithstanding Ordinance Number 1507 (CCS), an
application for a development project shall be accepted for
processing by the City if the Planning Director determines that
the following requirements are met:
(a) Escrow for purchase of the property was opened prior
to April 25, 1989, and closed after April 25, 1989, but on or
before May 9, 1989.
(b) The structures on the property were vacant on May 9,
1989.
(c) The structures had not been vacated pursuant to the
Ellis Act on or before May 9, 1989.
SECTION 2. Any
application
accepted
for
processing
pursuant to this Ordinance shall comply with the development
standards set forth in Sections 3(f) (3) and 3(f) (4) of Ordinance
Number 1507 (CCS).
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SECTION 3.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 4.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval id or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYE;;: \) ~
City Attorney
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