O918
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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.
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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
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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
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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
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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
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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
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