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O975 . . -f " . RLK7W: 9.16.74 ,- 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, -1- ~ . RLK:~ ? .16. 74 e 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 -2- RLK:.9.l6.}4 . 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, -3- . .... ..-" ~ RLK:re ..9 ,],6 ~ 74 e a newspaper of general circulation, published and circulated in the City of Santa Monica. ADOPTED this 17th day of September I 1974. I /...; / ~I '--r~ / ,/ /~, ~</~ / (^-r'-2- <-C L-- Mayor ATTEST: j // -/ ____ /rlt' /J // ~v:~::n;~) . (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 ~- .,V~ ~ /[C7il~C/ , c;.!,'ty r Clerk / APPROVED AS TO FORM: 'Q J~~ ' , -j ~ ~ / ..... j , ;,.L~, 1. {?v1j-rL '.r City Attorney -. '---- -4-