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5-22-75
ORDINANCE NO. 999 (CCS)
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA DECLARING
A MORATORIUM ON THE CONSTRUCTION,
ERECTION OR DEVELOPMENT AND THE
APPROVAL OF ANY CONDOMINIUM IN R-l
AND R-IA ZONES 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 morator~um ~s hereby placed on the
construction, erectlon or development of and the approval of
an appllcatlon for any condomlnlum in R-l and R-1A zones
within the C~ty of Santa Uonlca as described in the Santa
Monica Munlc~pal Code.
SECTION 2.
ThlS Council flnds and determlnes
that sald moratorium must be placed in order to preserve the
character of R-l and R-IA zoned nelghborhoods pending a
decision by the City Council, after review by the Planning
COmmiSSlon and the holdlng of publ~c hearlngs, determ~n~ng
whether condomin~ums should be proh~b~ted in the R-l and R-IA
zones.
SECTION 3.
The Planning Comm~ssion is hereby
ordered not to grant approval to any appllcatlon for a
condom~nlum in the aforesald area during the effectlve period
of this ordlnance, to Wlt: until December 11, 1975.
SECTION 4.
Any provis~on of the Santa Monlca
MunlClpal Code or appendices thereto lnconslstent herewlth,
to the extent of such incons~stencies and no further, ~s
hereby suspended for the area descr~bed herein durlng the
moratorium period.
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SECTION 5. The C~ty Council may grant a variance
from the provlsions of this moratorium ordinance upon
recommendation of the Plannlng CornmlsSlon, subject to a
find~ng of the followlng:
1. That the strict appl~catlon of
the provisions of the moratorium would result in practlcal
dlfflcult~es or unnecessary hardships inconslstent with the
general purpose and intent of the moratorium; and,
2. That there are exceptlonal
circumstances or conditions applicable to the condomlnium
and property lnvolved that do not apply generally to other
condomlniums and property covered by the moratorlum; and,
3. That the granting of a variance
would not be materially detr~mental to the public welfare or
In]UrlOUS to the property or improvements ~n the moratorium
area.
SECTION 6. If any sectlon, subsection, sentence,
clause or phrase of this ordlnance is for any reason held to
be invalid or unconstltutlona1 by a decision of any court of
competent ]urlsdiction, such decision shall not affect the
validlty of the remaining portions of the ordinance. The Clty
Council hereby declares that it would have passed thlS ordinance
and each and every seetlon, subsect~on, sentence, clause or
phrase not declared invalid or unconstltut~onal wlthout regard
to whether any portion of the ordlnance would be subsequently
declared lnvalld or unconstltutional.
SECTION 7. Under no clrcumstance 18 thlS
ordlnance to be interpreted to apply to any proJect wh~ch
has already received approval by the Plannlng Commission, or
the City Councll or for which substantial expense or liablllties
have been incurred.
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SECTION 8.
Th~s ordlnance is declared to be an
emergency measure adopted pursuant to the provislons of
Sectlon 615 of the Charter of the Clty of Santa Monlca and is
necessary for preserving the publlC peace, health, or safety,
and the urgency for its adoption is set forth in the f~ndlngs
above.
SECTION 9.
The Mayor shall sign and the Clty
Clerk shall attest to the passage of thlS ord~nance. The
Clty Clerk shall cause the same to be publ~shed once in the
off~c~al newspaper wlth~n f~fteen (15) days after its adoptlon.
ThlS ordlnance shall become effective iNffiedlately upon its
adoptlon, pursuant to Section 615 of the Charter of the C~ty
of Santa Monlca.
ADOPTED and APPROVED thlS 24th day of
June
1975.
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ATTEST:
LC;p00
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA ~ONICA
I do hereby cert~fy that the foregoing ordlnance was
duly and regularly lntroduced at a meeting of the Clty Councl1
24th day of
June
, 1975; that thereafter
on the
the sald ordlnance was duly adopted at a meeting of the Clty
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Counc~l on the
24th
day of
June
, 1975,
by the following vote:
AYES:
Counci1person: Cohen, Judson, McCloskey,
Reed, Swink, van den Steen-
hoven, Trives
NOES:
Counc.l.1person: None
ABSENT:
Councl1person: None
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( 421 f vClerk
APPROVED AS TO FORM:
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. - .ryj~J ~1-~~<'~~~,
Clty Attorney ~
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