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sr-091074-11a R`. Santa Monica, California,. July 30, 1974 ~~ T0: Mayor and City Council ~~ FROM: City Staff SUBJECT: Revised Procedures for Condominium Convers/1.W f""` ~''~°i~ ~d99 ,y~a~a'6~'6s~ $F_p 1019'h trt~t~ [':~,~~`C ec RETU~tRItJ 1® S~H Introduction - ~~Ty C6ERK'S OFi~S~ FCdR. FtklTZ~r This is a staff report covering suggested revisions in the cityPs procaduresaffecting conversion of existing apart to condominiums® BacY.ground Gn July 9th the City Council directed the administration to review the condominium conversion ordinance and bring back a recommendation regarding additional standards, etc> that might be established to strengthen the ordinance. In accordance with this directive, the ordinances and procedures regulating condo- mini um conversions have been reviewed arid a comprehensive anal_y- sis and suggested revisions prepared, In brief, the staff analy- sis indicates-that many of the problems encountered in the course of condominium conversions are due in part to the. existing pro- cedures rather than the mere lack of sufficient standards within the present ordirance9 Thy present procedures emphasizing early determinations are compressing allotted consideration times and fOrC:ing the CGllnC11 and CCmmis510n to Often make deC1S10n,5 Cn the _1_ Revs~:d`n.rocedures for Condominium Conversions basis of inadequate information or evaluation, The staff recommends therefore, that in addition to revising the standards for conversions, the procedural requirements be amended to require a preliminary evaluation prior to the filing of a tentative map .which would overcame some of the major time problems and provide the Council and Commission with the information necessary to make their decisions. alternatives Snasmuch as the proposed revisions involve amendment of, the City"s land use regulations, the usual procedure is to refer the matter to the Planning Commission For its cor.- sideration and recommendationo In the normal course of events the Commission°s response would be returned in 30 to 50 days for. continued Council evaluation. The only question which arises in regard to this course of .action is that of interim applications. and whether the City Council believes there is sufficient community concern with this subject to consider an emergency measure pending possible amendments, ~s of August lst only one application involving a conversion has been filed with the Planning Department but others may be pending and the question of interim applications shculd be resolved, -2- Revised: Procedures for Condominium Conversions There appear, therefore, to be three principal alterna- tives available: 1. Refer the proposed revisions to the Planning Commission for consideration and recommendation and take no other action. Pros include the following of the established procedures for amendment of the land use regulations and the: advantage of the Plan- ning Commissions evaluation and recommenda- ti ono Cons include the problem of how to handle interim applications,. the possibility tha t consideration will be longer than anticipated, uncertainty on behalf of those considering conversion and the prospect of inducing applications not otherwise contemplated. 2. .Refer t're proposed revisions to the Planning Commission for consideration and recommendation anal impose a moratorium on further conversions in the interim, -3- Revised PYOCedures for Condominium Conversions Pros are the same as the first alternative plus the elimination of the. problem of interim applications and the cons associ- aced therewith,. Cons include the delay or interruption of potential conversions which may presently be in the planning stages. 3. Adopt the proposed revisions or an amended version on an emergency basis and institute the new procedures without referral to the Planning Commission, Pros include .the establishment of revised requirements quickly with a minimum of delay or interruption o£ pending projects. Cons include loss of the evaluation and input generally derived by Planning Com- mission consideration and deviation =rom the established amendment 7~rocedureso Recommendation In view of the indications or community concern on the matter of condominium conversions expressed by Council Members, _4_ Revisad procedures for Condominium Conversions Planning Commissioners and speakers before both bodies and the fact that there is presently only one conversion pending, it is respectfully recommended that the-City Council follow the action indicated in the second alternative and refer the matter to the Planning Commission for consideration and recom- mendation and impose a 90 day moratorium on further conversions in the interim, Prepared b_y: James Wa Lunsford JWL/js -5- z~ RE~TILW AND RECONL~SE;NDATION OF CONDO~lINIUi'~I CONVERSIONS CITY PLANNING DEPARTMENT CITY OF SANTA MOSTICA AUGUST 1974 James 64, Luns~ord Dir~otor o Planning ;,~ _~ ~~ ~ f,~ ~, ~~ ~~ ~: -~~ a ~ c o ti~ ~. N z s SEP I G (9i4 ~y,t, ~~-_~ ~° ~~rU~~;::; 1~ w ?'e'1~? G73 ttitfl; PAGE Introduction ,:.,,,,. .® ..... ........ 2 Present Requirements and Procedures .,,.o,e 3 Advantages and Disadvantages 'of Conversions `'- Established Conversion Policy ,,,,,,,,,,,,, 5 Proposed ~~iodifications ,,,,,.......m.,, 6 Advantages of Proposed Modifications .,..., 8 Notice of Intent to Convert ...... ........ 4 Comp,-ehensive Buiidisig Condition Report ,,. 9 Mandatory and Optional Requirements .,.®,., li Proposed Amendment ,,,.,>,,,,,,,,,,,,,,,,,, 13 Existing Ordinance ,,,,,,,,,,,,,,,,,,,,,,,, 17 -1- INTRODUCTION On July 9th the Santa Monica City Council directed tYie Administration to revie~•J the Condominium Cor_version Ordinance and bring back a recommendation regarding additional stand- ards, etco that might be established to strengthen the ordin- ance. In accordance with that directive the City Planning Department has reviewed the present ordinance and procedures to determine what changzs might be imposed to eliminate some of the problems which 2:ave been incurred® The analysis of tYze problems, suggested solutions and proposed ariendments aimed at improving thz procedures are included herein., Analysis of the regulations and experience relating to condominiums indicate that many of the present problems are associated with Lack of time, information ar~d specific standards. Much of disillasionment with the present condo- minium conversion activity appears to be attx9.butabie to the lack of time and intorR;anon to properly assess the true implications of these actions and seek means of mitigating or eliminating the negative featuresa To overcome these aspects, the Planning Department recommends that the condominiu~: conversion process be aug- mented by the addition of a p-r_eliminary procedure involving the filing of a Notice of Intent to Convert which requires the provision of information essential to making a sound determination, the notification of tenants, and allo,,as the staff, Commission and Council sufficient time to thoroughly assess the manifold implications"involved, Finally, a number of additional standards have been suggested which attempt to assure that conversions 47ii1 most nearly meet the requirements of new condominiums insofar. as practical.. _2- PRESENT REQUIREMENTS AND PROBLEMS .Consideration of any modification intended to result in an improved ordinance requires an analysis o£ the existing requirements and problems, tid:3AT DOES THE PRESENT CODE REQUIRE? The building must be 3 years old, * 12 parking spaces per unit, 1/3 .may be tandem, or a full time parking attendant. * Approval by the Planning Commission or City Council based on the effect on sound community planning, the economic, ecological, cultural .and aesthetic qualities of the community. and on public health, safety and general welfare, `rTH~1T ARE SON?E OF THE PRESENT PROBLEMS? * Speed. Insufficient time between application and hearing, * Lack of tenant notification. * Insufficient analysis by staff. * Lack of specific standards which apply generally to all structures, * Applicant often doesn't get staff recommendation in time to -react. * Staff often doesn't have opportunity to react to alternatives or information brought forth at hearings. * Lack of sufficient information regarding condition of building, * Zegal limitations on time or actions,. * Lengthy public hearings, -3- ADVANTAGES AND DISADVANTAGES Or CON~TERSIONS The changes resulting from conve-rsion may involve both advantages and disadvantages. Some of the potential advantages and disadvantages of conversions are: Potential Advantages * Provides a greater opportunity for home ownership, * Improves and upgrades existing housing stock, * Provides tax benefits to 'r~uyers, Allows buyers to stabilize housing, costs, * Permits tenants to gain the benefits o£ increased valueso * An improved tax base, * Better architectural treatment, 'building materials, and construction techniaueso Potential Disadvantages * Possible increased housing costso * Disruption or displacement o£ existing tenantse * Socio-economic changes due to loss o£ rental housingo * Extension of structures beyond their functional life and interruption of normal recycling due to ownership fragmentation and state law limita- tions., * Inability of owners to meat rising maintenance costs. * Building ma_y have hidden defects with substantial repair costs, * Change in occupancy may have a negative effect on public facilities, * Project may become renter occupied or investor. dominated to the distress of owner-occupants, * Inability of owners to retain original building aualities and en*force protective covenants and restrictions. * Eventual dissolution of project ma_y be difficult. -~- ESTABLISHED CONVERSIODT POLICY Analysis of the foregoing advantages and disadvantages of condominium conversion demonstrates that it is a discretion> ar_y activity involving both positive and negative. potentialities which must be individually assessed. It would appear to be as unwise to preclude any possibility of converting existing bui.ld- ings as it would be to .permit widespread and unrestrained con- version. A fundamental conversion policy should be established whereby those cases involving on1_y positive effects or providing. only minimal negative results could be converted where it was assured that such conversion would be in the communityss interest,. There would appear to be no reasonable objection to condominium conversion where the Planning Commission or City Council can determine that the conversion: * Will in fact upgrade and improve the existing. housing stock. * ~~Till not result in the unreasonanle disruption or displacement of present tenants.. * TAill not have a detrimental effect on public facilities or services, x Will generally be in the best interests of owners, tenants and the cdmmunityo N~CE38ARY T_\7FORMATION In order to properly assess the desirability of a conversion, the Planning Commission or City_ Council need to know the following: What the Existing Conditions :are, z4hat is the age, size and present condition of the building under consideration? sriho are the present tenants .and what is their situation regarding leases, rents, willingness. to partici- pate in the project, etc.? Trlhat is going to be done. what physical changes will be made in the building? when and under what circumstances? How will exist> ing leases or occupancy arrangements be handled? What will the effects be. f~7i11 the. conversion have a generally positive effect on the community or a negative one? ~7o the advantages outweigh the disadvantages? Are there steps or conditions which can be imposed to mitigate the possible negative effects? -5- REVISION OF .ExISTING PROCEDURES. In order to eliminate many of the problems currently associated with conversions and substitute, therefore, procedures more closely aligned to an established conversion policy, the Planning Department recommends modification of existing ordinances to develop a program which: * Establishes a procedure allowing better evalu- ation of the total effects of a proposed conversion, * Includes revised and expanded standards. * Does not unnecessarily conflict with existing laws or procedures, PROPOSED .10DIFICATIONS. The Planning Department recommends the adoption of a revised condominium conversion procedure consisting of the following: * The establishment o£ a preliminary procedure requiring the filing of a Notice of Intent to Convert ~~ days prior to the £i ling of a Tentative Tract i~?ap. The Notice o£ Intent to convert includes complete information on the condiEion o£ the building, the composition and occupancy of the tenants and details of planned improvements and timing. * The Planning Department responds within the 45 day period with a Conversion Report advising the applicant of its evaluation o£ the proposed conversion, any legal deterrents to the applica- tion and what the staff recommendation would be on a formal application. * An expanded list o£ mandatory requirements to assure that conversions come as close as practical to meeting requirements for new condominiums. * The remaining procedures remain essentially the samea -o- PROPOSED PROCEDURE 0 Days 45 Days 60 Days Applicant Files NOTICE OF INTEN^1 TO CONVERT , with Planning Department Planning Department Files CONVERSION REPORT with Applicant and Planning Commission STEP 1 __ STEP 2 Applicant files TENT~TIVE:TRACT.MAP STEP 3 ''` Planning Commission acts on S^tEP 4 TED7TATIVE TRACT MAP _7_ ~DVANIAGES OF PROPOSED PROCEDURE * Planning Commission or City Council has full knowledge of the condition of the building, intended improvements, extent of tenant participation, and overall effect of change. Tenants have at least 60 days notice of impending conversion prior to hearing on Tract Map, * Applicant has full kncwledge of staff recommendation on project prior to hearing, Staff has adequate time and information for evaluation. * Little change in existing ordinance ;s required. The Planning Commission can then assess the application and its effects in a more constructive atmosphere with ade- quate information and arrive at a determination in accordance caith the best interests of the community, -8- REQUIRENSENTS FOR A NOTICE OF INTENT TO CONVERT. The Notice of Intent to Convert shall include: A comprehensive building condition report. * Number and composition of existing tenants. * Length of existing leases and average rents, * Average length. of tenancy for exisiting tenants. * Estimated schedule for conversion. * Estimated price range of converted units. List o£ improvements contemplated. * Copy of proposed CC&Rs. * Number o£ tenants interested in buying. * Estimate o£ available similar housing in area. REQUIREP~IENTS FOR COMPREHENSIVE BUILDING CODTDITION REPORT The Comprehensive Building Condition Report shall be prepared by a qualified structural engineer and shall include: * A description and evaluation o£ the structure, fixtures,. and other appurtenances. * Recommendations for repair or replacement of any item or conditions requiring. it, * Specific notification of any and all conditions presenting a potential danger or hazard or contributing to deterioration of the structure, * Acceptability of the report shall be determined by the Building Officer and Fire Marshall, -~- ITE`~IS CQyERF,D BY CONiPREHEBiSI VV.F" BUILDItiG ?FpORT Items covered by the Comprehensive Building Report shall includes 1, Type and age o£ construction 2, Lvalls, Interior & exterior 3, Plumbing 4, Electrical 5, Roof 6, ~Jalks 7, Garaging 8, Insulation 9, Life Safety Systems 10, Trash disposal 11; .Tiling 12, Fixtures and appliances 13, Drainage 14, Landscaping 15o Swimming pools, saunas, fountains 1S. Driveways )_7, T,~7alls and fences 18, Stone or brickwork 1°, Heating_ 20, Air`conditioning 210 Fireplaces 22. rr^loors 23o Laundry facilities. 24, Exterior lighting 25, Deferred maintenance -10- SUGGESTED REQUIREMETITS In order to assure tY:at existing buildings approved for conversion most nearly meet the requirements for new condo- miniums and therefore provide some assurance of an improved housing stock., it is suggested that the following requirements be made for any conversion: * Present density requirements be met * 2 to 1 parking * Repair, correction or replacement of all structural. defects such as leaks, cracks, inoperative or mal- functioning mecahnical devices * Eire and life safety brought up to code * Electrical system brought up to code * Plumbing system in good repair * Installation o£ sound insulation to the decibel level established through the noise element * Individual gas and electric meters * New garbage disposals * D7ew hot water heaters * Adequate and protected trash areas * Separate -venting for kitchens or other means to ..prevent cooking odors penetrating another unit * Payment of all special taxes connected with conversion * Pl~:asing of conversion to avoid unnecessary displacement or disruption of tenants * Restrictions to require owners to have control of Management Association * Other appropriate requirements depending on conditions -11- PROPOSED ANSEN~MEN~' ORDINANCE D]O. AN CRDINANCE OF TIC CITY COUNCIL OF T'_3E CITY OF ,SANTA MOi~7ICA t~i%IENDING CHEATER i, ARTICLE IX OF THE SANTA MO~TICA MUNICIPAL CODE RELATING TO CODa~ OMINIUNi CONVERSIONS THE CITY COUNCIL Or^ ^1HE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOTdS: a"ECTION 1. It is the intent of the City of Santa ;ionica to amend Chapter 1, Article IX of the Santa Monica yiunicipal Code b_y the deletion in its entirety of Section 9123C of said Chapter and to add a new Section 9i23C to read as follows: 9123C. Condominium Conversions. Other sections not*aith- standing, no Tentative Tract ,iap involving a condominium con- version shall be approved unless: 1, A Notice of Intent to Convert shall have been =fled with the City Planning Department not-less than 60 days prier co .-the date of determination, such .notice to include a comprehensive building condition report acceptable to the Building Officer and Fire ~tarshalr a listing of the number and composition of the present occupants ircludinq the length of tenancies and leases, average rental ranges, and number who may be interested in buying; a listing of the improvements to be carried out and ? F1me SC'f:edllle therefore, the estimated Or1Ce range of the converted units; and, an estimate of the' availability of ecruivalent housing in -the area,. -13- 2. The City Planning Department within 45 days after the Filing of a Notice of Intent to Convert shall have prepared and delivered to the applicant and City Plan- ning Commission, a Conversion Report including the legal qualifications o£ the proposed conversion; a staff recommendation for approval or denials a list- ing o£ conditions or requirements recommended as a basis for approvals and, supportive reasons or justi- fication for such recommendation.. 3. The structure either is, or is intended to be, in conformance with existing density requirements.. 4. Parking is provided at the rate of .two (2J spaces per dwelling .unit, which spaces shall not exceed twenty-five (25) percent tandem.parking, or attendant parking on a twenty-=our {24) hour per day basis is provided and this requirement is .set Forth in the Covenants, Conditions, and. Restrictions for the stated benefit of the City and the owners of the condominium un7.t5. 5. The electrical, fire and life safety systems o£ the structure either are, or are intended to be, brought into full compliance with present codes and ordinanceso &. The structure presently has, or is intended. to have, plumbiag,in sound condition;: individual gas and electric meters, new gargage disposals, new hot water heaters, adequate and protected trash areas, and such other requirements as may be imposed as a condition of approval -i4- 7o The requirements of Section 9123A shall have been met. 3, All special taxes or assessments is connection with condominium conversions shall :nave. either been paid or other satisfactory arrangements completed, Vothing in this Section shall prech.:de the Planning Commission or City Council upon appeal or review from imposing any additional conditions or requirements believed necessary to protect the economic, ecological, cultural or aesthetic qualities of the. community, or the public health, safety and general welfareo ~ECTIOP7 2, .The City Council finds and determines that the public necessity, convenience, general welfare, and good zoning practice require that the amendment in Section 1, above., be madeo SECTION 3, The Mayor sha11 sign and the. City Clerk shall attest to the passage o~ this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen days after its adoption. This ordinance shall become effective after thirty days from ins adoption, ADOPTED this day of 1974 ATTEST: Cit-1 Clerk __ ~tayo° -15- 2 do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting. of the City Council on the day of ,1974; that thereafter the said ordinance was. duly adopted at a meeting of the City Council on the of 1974 by the following vote: AI'~3: Councilmen: NOES; Councilmen: ABSENT: Councilmen: City Clerk Approved as to form and legality City Attorney -15- ExISTIN~ ORDINANCE ~~~ 3 finds and determines ; that condominiums and - community apartments differ from apartments in numerous respects and, for the benefit of public health, safety, and welfare, such pro- jects should be treated differently from apart- ments. The City Council therefore states its ex- press intent to treat such projects differently from apartments and. like structures and to adopt development stan- dards for the protection of the community and the purchasers of con- dominiums and com- munity apartments. SECTION 91228. CON- DOILIINIIiM-NEw caN- STRUCTiON PERitiIIT. Bex'ore final approval and issuance of any building permit For any condominium or ~on- dominium project, a developer, guilder or other person seeking to construct such a roject shall first apply for and obtain from the Building Departm ent a con- dominium permit. Such condominium permit shall be issued only {a) upon approval of the Planning Department or City Council, after it determines that such project conforms to all applicable zoning regula- tions as provided for in Section 9123 of the Santa ?dpnica 1Ylunicipal Code, and (b) upon the is- suance of a con- dominium license oy the 'Office of ±he city Clerk of the City of Santa ',Ionica based upon pay- *aenb of the prescr~ed condominium tax. SECTION 9L2C. CON- D0111NIUM PERMIT- CONVERSIONS. Any developer, builder, or other person seeking to convert an existing structure to a con- dominium shall first ap- ply for and obtain from the Building Department a condominium conver- sion permit. Such con- dominium conversion permit shall be issued only {a) upon the ap- proval of r_he Planning Department, or City Council upon appeal or review, after it has determined that the ex- isting structure con- forms to all applicable zoning regulations, and (b) upon the issuance of a condominium license by the Office of the City Clerk of the City of Santa Pdonica based upon the payment of the prescrib- ed condominium tax. SECTION 9122D. COMMUNITY APART- P+IENTS. Community Apartments shall be sub- ject to the same restric- Lions, conditions, re- quirements and taxes as condominiums. SECTION 9122E. EF'FE'CT-INITIATED PROJECTS. Any con- dominium project, regardless of when initi- ated, for which a build- ing permit has been issued shall not be ex- empt from the require- menu of obtaining a con- dominium permit or con- dominium conversion permit and a con- daminium license merely because such building permit has been issued. SECTION 9122F. It shall be unlawful for any person to roceed in any way with development of a condominium project without first applying for and receiving the ap- plicable condominium aermit or condominium conversion permit. SECTION 4. Section 9123 is hereby added to Chapter 1 of Article I of the Santa Monica Municipal Code to read as follows: SECTION 9133: CONDOMINIUM DEVEI.OP1YlENT STANDARDS. The following condominium development standards shall apply to all land and structures proposed as a part of a con- dominium project and shall be evaluated and processed pursuant to the procedural require- ments set forth for con- ditional nee permits in Sectians 9148, 91488, 9148C, 9148D, 9148E and 9148E of this code. SECTION 9123 A. STANDARDS. No con- dominium project or portion thereof shall be approved or condi- tionally approved in whale or in part unless the Planning Commis- sion, or City Council upon appeal or review provided in Section 914$C, shall have review- ed and approved the #ollowing on the basis of their effect on sound communityplanning, the economic, ecological, cultural and aesthetic qualities of the com- munity, and on public health, safety and general welfare. 1, The overall impact on schools, parks, utili- ties, neighborhoods, streets, traffic, parking and other community facilities and resources. Z. A detailed develop- ment plan of the project including location and sizes of structures, park- ing layout, access areas, and exterior elevations and Lreatmert. 3. A detailed landscap- ing plan indicating types and sizes of landscaping materials. 4. A detailed lighting plan indicating location and nature or iightirg and lighting fixtures in common areas. 5. A copy of Condi- tions, Convenants, and Restrictions ar other Condominium Agr~e- ment for the project set- tingg forth the occupancy anal management poli- ties for the project. 6. Provisions for the dedication of land or easements for street widening, public access or other public purpose where necassar~ and in accordance wtn estab- lished planned improve- ments. SECTION 91238. IYYINI1VIIii~I RE9,UIRE- t~IENTS. Except as otherwise provided by law, in approving or con- ditionally appraving any condominium project the following shall be re- quired: i. PARKING. Off- street parking in the amount ~of not less than two (2) spaces per unit, which spaces shall not exceed twenty-five per cant (25%) tandem park- ing. Required off-street aarking spaces shall be jocated within the same structure as the dwelling units for which They are required, ar as deter- mined by the Zoning Ad- ministrator. Required off-street. parking spaces, except guest parking spaces, shall be included in the owner- ship of each individual condominium unit, not less than two spaces per unit, and no off-street .parking space required y this section shall be sold, leased, or other- wise transferred to `the control of any person or organization not an owner of one or more units within the project, except that spaces may be rented to other owners within the pro-, ject_ 2. SIDE YARD RE- ~UIREMENTS. Side yards shall be five {~) feet minimum. for ana and two story dwelling strvctures, and seven (7) feet minimum for three story dwelling struc- tures. For dwelling structures over three stories the conditions of ~e~ - ~, Section 9109.8~('ii and y~!7B~~b) shall apply_ ~~bizrranean garages shall no` extend more iilan three (3) fzzt above the averazz grade lzvei. :1GREE?;IENTS. Con- dominium Agreements shall contain, but not be limited to, adequate pro- visions for maintenance, repair, and upkeep; pro- v!sions that in the event of destruction, or abolish- ment, reconstruction sha':1 he in accordance ;with codes in effect at the time of such reconstruction; and pro- v!sions far dedication of land or establishment of easements for street ?t•idznina or other puoiic I CEPTIONS POFi CON- l i'ERSIONS-STRIiC- TURAL ALTERATIONS AND PARIiINC. No condominium conver- sion shall he denied for failure to make major structural alterations, or .`or failure to meet the parking requirements of this Cede, provided that: t. Parking is provided at the rite of one and one-half (1?~z) spaces aer d~.veliing unit, ?~,hich spaces shall rot exceed thirty-three and'one- third (33 1/3) per cent tandem parking, or at- tenda^,t parking on a tsveniy-four (24) hour per day basis is provided and this requirement is set forth in the Cove- nants, Conditions .and Restrictions for the statzd benefit of tt!a City and the o;vners of the condominium unit; 2. The building is more than. three Y31 years old on the date of fhe con- ~~~ ~~ +~~~ a version; and 3 A condom!niuml ! ensz is obtain d and' -h,: full .22 Paid, and { 4. The ou~iding sought} to be convzried !s, on the date Of the ConverSlOP., In '. all respects in com-!' pliance with the build-' ing, planning, zoning, licersi.^.. and other 1a~.4s 3 applicable to nz~,c con- dOZl~nlllm ConSLru Cti0n;1 on the d~'e of tn~ c n version ot~ r iha t4one e li:ded ov this section„ aAll ~-a,,aards o~ Sec's tics 9123A of this Code: SECTiOV 9123D AP- PLICA~?OV. All con- dominlum arojects of? new constn:etion or con- version, which have; already received their tentative subdlvisionj man approval by the; Planning Commission,; or the Cisy Council upon= appeal or review, as of September 29, 1973, are exempt from eomnlying - ?filth tl;e CCildGminAUm devalooment standards set fa*th in Ser_tions 9123A anii 9133B above. Nothing in this section, howeuer, shall excuse a condominium project from eor:.plying with the revenue provisions of tl7e Condamaium Tax Law, Article VI, Chapter SB of the Santa ivlonica P~Iunieipal Coda, requir- ing payment of the prescribed condominium tax. SECTION 5. Any person violating any of the provi- sions of this ordinance shall be guilty of a misdem=anon and, upon conviction,thereof, shall be subject to a fine not exceedinff Five Hundred ($5C9) Do~lars or Six {6) Months in the County Jail of Los Angeles County, or by both such fine and imprison- ment in the discretion of the Court. Se,CTIOy 6 ?ny provision of tl.e Santa Monica 1luaic,p~1 Ccae, cr appen- dices thereto inconsistent heretivith, to the extent of such inconsistencies and no furthzr, are hereby repealed. SECTION 7. If try section, subseciion,sentarce,clause, or phrase of this ordinance is -for ,y~ reason held to b2 invalid or unconstitutional by a decision of any co!.~rt of coma=tent jurisdiction, such decision shall rot affect the vat dity of the remaining portions of the erdinance. The City Council hereby declares that it would haue "passed this ordinance and each section, subsection, sentence, clause or phrase hereaf, irrespective of the fact that an one or more sections, subsections, sen- tences, clauses or phrases be declared invalid. ar un- constitutional. SECTION 8. The City Council of the City of Santa itilonica finds that an emergency exists, for .the adoption of this. ordinance by reason of the fact that there are numerous pm Bets which have been delayed by the six- tiy (&4) day .moratorium ?vhich will exppire on Septem- ber I0, 1973. In ender to per- mit these developments to proceed with control, and in order to provide adequate standards for development, immediate- adoptian of this ordinance is cn:eial to pre- vent uncontrollzd growth and unplanned development which is dztrimental to public peace, health, and safety in that it is a vehicle for blight and pollution, breeds criminal activityy, destroys the aesthetic quali- ty of our community, creates congestion and overcrowd- ing, !s physically and psy- chologically detrimenta3 to the inhabitants and vitiates- the economic well tieing of t City SECr tO~i 9. Thin or- dinai!ce i, r~eclared to be an. emergency measure adopted pp suantto the arovisions of Sectirn ol5 ot` the Santa Monica itilunicipal Charter and is necessary for presei~;- ing the public peace, health, o; safety, and the urgency for its ac~oaiion is set forth in the findings above. SECTION 1!J. The Actti*ig City Clerk will certify to the passage and adoption of the ordinance and shall cause t}ae same to be publisi:ed once in the Santa iVioneca Evening Outlook, a newspaper of ~enerai cir- culation, puolisned and cir- culated in the City of Santa i`~Ienica. This ordinance scull take effect upon its adoption. ADOPTED this 3lst day of August, 1973. CLO HOOVER, bIayar. ATTEST: J. L. 4YILBUR, Acting City Clerk. Stag Of California ) County Gf Las Angeles ) ss. City t)f Santa i4fonrca ) {SEAL} I do hereby certify that t_,e foregoing ordinance was duly and regularly introduc- ed and adooied at a meeting o~ the Cis Council of tee `9 City of Santa Pdcnfca on the 31st day of August, 1973, our- suant to Szct;on S15 of•tce Charter of the City of Santa ivlonica, 6 the following votebf the Council: AYES: Councilmen: Jud- !. son; 1'ilcCloskey, Swink, '' Trives, van den Steenhoven, Hoover. NOES: Councilmen: None. '. A?3SENT: Councilmen: Dituri. J. L. VIILBUR, Acting City Cler'.t. (SEAL? Pub. Sept. 11-1973.