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O918 - IJ,."' U o!l{l': mh . . ORDINANCE NO. (CITY COUNCIL SERIES) 918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A MORATORIUM ON THE APPROVAL OF ANY CONDOMINIUM PROJECT WITHIN THE CITY OF SANTA MONICA AND DEClARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A moratorium is hereby placed on the approval of any proposed condominium project, either of new construction or of apart- ment house conversion, whether presently pending before the Planning Commission or the City Councilor later submitted, during the period July 24, 1973 to September 10, 1973. SECTION 2. It is the intent of the City of Santa Monica for purposes of this emergency zoning ordinance to treat condominium projects differently from apartment building projects (and similar structures) due to the different demands the two types of projects place upon the City. For the purposes of this ordinance the following definitions shall apply: Co~unity Apartment Projects: A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. For the purposes of this ordinance community apartment projects will be subject to the same restrictions and conditions as condominium projects. p~ndominiurn: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in real property, such as a residence, apartment, apartment house, office, or offices, store or stores. A condominium may include in addition a separate interest in other portions of such real property. ,- 'J -- \ r) < 7~11-73 RP:mh . . . . Condominium Projects: The entire parcel of real property divided, or to be divided into condominiums, including all structures thereon. SECTION 3. This Council finds and determines that the mor- atorium must be imposed in order to preserve the public health and safety of all prospective buyers or renters of such condominium pro- jects as are affected by this ordinance, as well as to protect all the citizens of Santa Monica by preserving and improving the aesthetic and environmental conditions of their city. SECTION 4. The Planning Commission is hereby ordered not to grant approval to any condominium project, either of new construction or of attempted apartment house conversion during the period of this moratorium. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent herewith, to the extent of such in- consistencies and no further, is hereby suspended for the type of con- struction described herein during the moratorium period. SECTION 6. If any provision of this Ordinance is held to be unconstitutional, it is the intent of the City Council that such portion of said ordinance be severable from the remainder and that the remainder be given full force and effect. SECTION 7. The City Council may grant a variance from the provisions of this moratorium ordinance upon recommendation of the Planning Commission, subject to a finding of the following: 1. The strict application of the provisions of the moratorium to a particular condominium project, would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the moratorium; 2. That there are exceptional circumstances or conditions applicable to this condominium project that do not apply generally to the other projects covered by this -2- 7-:'1l-}3 RF:mh . e -. " .. moratorium; and 3. That the granting of a variance would not be materially detrimental to the public welfare as defined above. SECTION 8. Under no circumstance is this ordinance to be interpreted to apply to any project which has already received approval by the Planning Commission. SECTION 9. This ordinance is declared to be an emergency measure adopted pursuant to the provisions of Section 615 of the Santa Monica Municipal Charter and is necessary for preserving the public peace, health, or safety, and the urgency for its adoption is set forth in the findings above. SECTION 10. This ordinance shall take effect and be in full force immediately after the passage and adoption thereof and shall re- main in effect until September 10, 1973; at which time it shall be of no further effect and shall be deemed repealed. SECTION 11. The City Clerk will certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Santa Monica Evening Outlook, a newspaper of general circu- lation, published and circulated in the City of Santa Monica. ADOPTED this 24th day of July, 1973. '-@~~ ~ Mayor ATTEST: C) /J } ~. :I: t/~ ~ Acting City Clerk -3- .7-U':73 RP:mh e. -I e STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) s s . CITY OF SANTA MONICA ) I do hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council of the City of Santa Monica on the 24th day of July, 1973, pursuant to Section 615 of the Charter of the City of Santa Monica, by the following vote of the Council: AYES: Councilmen: Dituri, Judson, McCloskey, Swink, Trives, van den Steenhoven, Hoover NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: .2u 1 JJ!~^ \J City Attorney r IUdL Acting 'City Clerk -4- ., I . C"""') ::L r-- ~4 - _J r ~ ::r: ,- - r)..... ~ ~ - 0\ .:r ~ ~ ~ '~ - >-...:( .D f- V-I C) <.:I ::::I .a: e e_ ORDINANCE NO. lIS . domiDlums, mcludmg all (CITY COUNCIL SERIES) structures thereon AN ORDINANCE OF THE SECTION 3 This Councll CITY COUNCIL OF THE fmds and determmes that C IT Y 0 F SAN T A the moratorIUm must be Im- MONICA CREATING A posed m order to preserve MORATORIUM ON THE the public health and safety APPROV AL OF ANY of all prospectIve buyers or CONDOMINIUM PRO- renters of such condommium JECT WITHIN THE projects as are affected by CITY OF SANTA thiS ordmance, as well as to MONICA AND DECLAR- protect all the cItizens of ING THE PRESENCE Santa MOBlca by preservmg OF AN EMERGENCY and Improvmg the aesthetIc THE CITY COUNCIL OF and envIronmental condl- THE CITY OF SANTA bonsoftherrclty MONICA DOES HEREBY SECTION 4 The Plannmg ORDAIN AS FOLLOWS. I Commission IS hereby or- S E C T ION 1 A I dered not to grant approval moratorium IS hereby placed to any condommlum proJect, on the _approval of any _ either of new construction or proposed condommium pro-:of attempted apartment Ject, either of new construc- house conversIOn durmg the bon or of apartment house period of ttus moratonum converSIOn, whether pre- SECTION 5 Any provIsion sently pendmg before the of the Santa Monica Planning Commission or the MUDlclpal Code or appen- City Councilor later submlt- dices thereto inconSistent ted, durmg the period July hereWith. to the extent of 24, 1973 to September 10, such mconSlstencles and no 1973 further, IS hereby suspended SECTION 2 It IS the mtent for the type of construction of the City of Santa MOBlca descnbed -herem during the for purposes of thIS moratorium penod. emergency zom~ ordmance SECTION 6 If any provi- to treat condommium pro- slon of thiS Ordmance IS held Jects differently from apart- to be unconsbtubonal, It IS ment bulldmg projects (and the mtent of the City Councd Similar structures) due to that such portion of such or- the different demands the dmance be severable from two types of projects place the remamder and that the upon the City remamder be given full For the purposes of thiS force and effect ordmance the followmg SECTION 7 The City deflBltIons shall apply: Council may grant a COMMUNITY AP ART- varaance from the prOVisions MENT PROJECTS A pro- of thiS moratoflum or- ~ect 10 which an undiVided dmance upon recommenda- mterest an the land IS coupl- tlon of the Plannmg Commls- ed With the nght of exclUSive Slon, subJect to a f10ding of occupancy of any' apartment the followmg_ located thereon For the pur- 1. The striCt appbca- poses of tlus ordmance com- bon of the I?rovlslons of mumty apartment projects the moratorium to a par- will be subject to the same hcular condomlDlum restrictions and conditions proJect, would result in as condomamum proiects pracl1cal dtfficulties or CONDOMINIUM An unnecessary hardships estate m real property con- inconSistent With the 81stmg of an UndiVided 10- general purpose and in- terest 10 common an a por- tent of the moratonum; bon of a parcel of real pro- 2 That there are ex- perty together with a sepa- cepbonal circumstances rate mterest in space m real or conditions appl1cable pro per t y s u c h as a to thiS condominium pro- residence. apartment, apart- ject that do not apply ment house, office or generally to the other offices, store or storeS A projects covered by this condommlum may include m moratorium, and addition a separate interest 3. That the grantinJ of an other portlons of such real a variance would nof be property materiall)' detrimental CONDOMINIUM PRO- to the putiUe welfare al JECTS: The -entire parcel of defined above. real property divided. or to SECTION 8. Under DO ell- be divided Into con- CUJDltance 11 tbiI ordinance e . to be mterpreted to apply to any proJect which has alrea- dy received approval by the Planmng Commission SECTION 9 ThiS or- dinance IS declared to be an emergency measure adopted pursuant to the rrovlslons of SectIon 615 0 the Santa Monica MUDlclpal Charter and is necessary for preserv- ing the pubbc peace, health. or safety, and the urgency for its adoption IS set forth an the fmdmgs above SECTION 10 ThiS or- dmance shall take effect and be m full force munedlately after the passage and adop- tion thereof and shall remam m effect unbl September 10, 1973, at which time It shall be of no further effect and shall be deemed repealed SECTION 11 The City Clerk Will certlfy to the passage and adoption of thiS ordmance and shall cause the same to be pUbhshed once in the Santa MODIca Evemng Outlook, a newspaper of general cir- culation, pubhs6ed and cir- culated 10 the City of Santa Momca ADOPTED thIS 24th day of July, 1973 CLO HOOVER. Mayor ATI'EST J. L wn.RUR, Acting City Clerk (SEAL ) State Of CaWorma ) County Of Los Angeles ) ss City of Santa MODica ) I do hereby certify that the foregomg ordmance was duly and regularly mtroduc- ed and adopted at a meetmg of the City Couned of the City of Santa MOnica on the 24th day of July, 1973, pur- suant to SectIOn 615 of the Charter of the City of Santa MODIca, by the followlDg vote of the CounCil AYES CounCilmen Dltun, Judson, McCloskey. SWink, Tnves, van den Steenhoven, Hoover NOES Councilmen. None ABSENT CounCilmen None J L WILBUR, Acting City Clerk (SEAL) Pub. Aug 2-1973 e . e e e , J -... . . ,. . ~ ,.- ~- -- .~. ~ .1 -..._ 'fIJ. . .~ .:.. II ....FfJ .... ... ... I . I . I . ..., ... "I. .. . . . ... .. . . . . . . . . . . . ..... ,Njlt{~",U j) 0 ...t.'.....A ,d:> . "'" A RL2:o"" 1Iit;,..,;::..c..... 5_~ ~ -~ -~ ~ .j I 6 SA",,,,, f1.1~"'I(" I; ~ :_J:~~_~. ~( . . -.e!i. _ _.11...._ - I: ::::. II II: , . ~: ~ i;:~ J.I ~ :"": H':j ~~-l ~:-; :j ("""") 0:. 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