O975
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RLK7W: 9.16.74
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ORDINANCE NO.
975 (ecs)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CREATING A MORATORIUM
ON THE APPROVAL OF ANY CONDOMINIUM
CONVERSION 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 ~proval
of the conversion of any apanment house into a condominium if the
application is not presently pending before the City Council
or Planning Commission or if substantial expense or liabilities
in connection with conversion have not taken place.
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:
COMMUNITY APARTMENT PROJECTS: A project in which
an ttndivided interest in the land is coupled with the right
of exclusive occupancy of any~artment located thereon. For
the purposes of this ordinance community apartment projects
will be subject to the same restrictions and conditions as(
condominium projects.
CONDOMINIUM: 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,
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office, or offices, store or stores. A condominium may include
in addition a separate interest in other portions of such real
property.
CONDOMINIUM PROJECTS: The entire parcel of real
property divided, or to be divided into condominiums,
1ncluding all structures thereon.
SECTION 3. This Council finds and determines that
the moratorium must be imposed in order to preserve the public
health and safety of all prospective buyers or renters of such
condominium projects 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 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 inconsistencies and no further, is hereby
suspended for the type of construction 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 such 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 recommenda-
tion 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
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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
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, or the City
Councilor for which substantial expense or liabilities have
been incurred.
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 remain in effect until March 17, 1975, or
until the City Council acts in connection with its housing
element and the new conversion ordinance presently under study,
whichever event is first to occur, 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,
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a newspaper of general circulation, published and circulated
in the City of Santa Monica.
ADOPTED this 17th day of September
I 1974.
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Mayor
ATTEST:
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. (JY Clerk -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 58.
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
17th day of September
, 1974, pursuant to Section 615
of the Charter of the City of Santa Monica, by the following
vote of the Council:
AYES: Councilmen: Judson, Lawson, McCloskey, Swink
Trives, van den Steenhoven, Hoover
NOES: Councilmen: None
ABSENT: Councilmen: None
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/[C7il~C/
, c;.!,'ty r Clerk
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APPROVED AS TO FORM:
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, ;,.L~, 1. {?v1j-rL
'.r City Attorney -. '----
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