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O999 '. .- CA R~DTO: Jst e 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. -1- /' ~/ . . . 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. -2- e . 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. , -;,..-;-' _ . /7 i7Zr-~ J ~1,.~ ~la yo r 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 -3- . e . 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 . /Uz~J~ ( 421 f vClerk APPROVED AS TO FORM: fl'. /' I j .-' j ",/ . II J / / /- :. . - .ryj~J ~1-~~<'~~~, Clty Attorney ~ -4-