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SR-8-D (13) l l . . M~~O CA:RMM:11596/hpc City Council Meeting 5-8-90 Santa Monica, California ;~!..;I..:"; ~ 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 S--D MA'f '8 1990 e . 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). - 1 - . . 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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: ~~\- ROBERT M. MYE;;: \) ~ City Attorney - 2 -