O1255
4
e
e
CA:RMM:r
City Council Meeting 8-10-82
Santa Monica, California
ORDINANCE NUMBER 1255(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING STANDARDS AND PROCEDURES FOR THE
REMOVAL OF CONTROLLED RENTAL UNITS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. !indings and Purpose.
The City Council finds
and declares:
(a) On April 10, 1979, the voters adopted the Santa Monica
Rent Control Charter Amendment adding Article XVIII to the C~ty
Charter of the City of Santa Monica.
(b) The
Santa Monica Rent Control Charter Amendment
provides tenants in the City of Santa Monica with protection from
unjustified
rent increases, unjustified evictions, and the
unnecessary removal of rental units by condominium conversion,
demolition, and other means.
(c) Section IB03(t) of the Santa Monica Rent Control
Charter Amendment requ~res that a removal permit be granted by
the Santa Monica Rent Control Board in order to remove any
controlled rental unit from the rental housing market.
(d) The City Council takes legislative notice of the case
of Baker v. City of Santa Monica, Los Angeles Superior Courtl
1
~
e
e
Case Number WEC 58763 and Case Number WEC 59251, and the
documentary and oral test1mony given therein.
(e) As a result of the Super10r Court decision in the case
of Baker v. City of Santa Monica, Section l803(t) of the Santa
Monica Rent Control Charter Amendment has been declared
unconstitutional in certain respects.
(f) The Superior Court has directed
adopt an appropriate replacement ordinance
18, 1982.
(g)
made by
the City Council to
on or before August
The
the
City CounC1l readopts
voters 1n adopting the
and reaffirms the findings
Santa Monica Rent Control
Charter Amendment.
(h) The City Council finds and declares that standards and
procedures for the removal of controlled rental units are
necessary to preserve the rental housing stock and to effectuate
the purposes of the Santa Monica Rent Control Charter Amendment.
(i) The City intends to appeal the Superior Court decision
1n Baker v. C1ty of Santa Mon1ca and pending resolution of the
appeal it is necessary to protect the rental housing stock.
(j) In the absence of standards and procedures for the
removal of controlled rental units, state and local housing goals
and policies would be frustrated by the demolition of rental
units and displacement of low and moderate income tenants.
SECTION 2. Removal of Controlled Rental Units.
(a) Any landlord of a controlled rental unit, as that term
is defined in Section 1801(c) of the City Charter, who des1res to
remove such rental un1t from the rental housing market by
2
e
e
demolition, conversion or other means is required to obtain in
addition to any other permits required by law a permit from the
Santa Monica Rent Control Board prior to such removal from the
rental houslng market in accordance with rules and regulations
promulgated by the Board.
(b) The regulations promulgated by the Santa MonIca Rent
Control Board shall require that a removal permIt be granted if
the Santa Monica Rent Control Board determines that the landlord
cannot make a faIr return as constitutionally defined by
retaining the controlled rental units on the rental housing
market. The Board shall determine that a landlord cannot make a
fair return if it makes one of the followlng findings:
(1) The landlord is unable to rent the unit at the
rent established by the Santa Monica Rent Control Board as the
MaX1mum Allowable Rent for the controlled rental unit.
(2) The Maximum Allowable Rent established by the
Santa MonIca Rent Control Board for the controlled rental unit
does not provide the landlord with a fair return and the landlord
would be unable to rent the unit at that rent level necessary to
provide a fair return.
(3) The controlled rental unit 15 uninhabitable and
cannot be made habitable in an economically feaSIble manner.
(c) notwithstanding subdivisl.on (b), the Santa Monica Rent
Control Board may grant a removal permit if the permit is being
sought so that the property may be developed WIth rental units
and the permit applicant agrees as a condit1on of approval that
the unIts to be constructed on the property will not be exempt
3
e
e
from the provisions of Article XVIII of the City Charter and at
least 15 percent of the controlled rental units to be built on
the property will be at rents affordable to persons of low and
moderate income.
(d) The Santa Monica Rent Control Board shall promulgate
rules and regulations to implement this Sectlon.
(e) The City Council and the Santa Monica Rent Control
Board shall review at least every six months the implementation
of this SectIon ln order to assure that act10n is being taken
consistent wlth this Section and with the Super10r Court deClsion
in Baker v. CIty of Santa Monica.
SECTION 3. Effect1ve Date and Expiration. This ordinance
shall take effect and be in full force immedlately after the
passage and adoption thereof and shall be of no further effect
and shall be deemed repealed upon a final court decislon of the
CalifornIa Court of Appeal, Cal1fornia Supreme Court, or United
States Supreme Court determining that Section l803(t) of the Cl.ty
Charter 1S constitutional and may be enforced by the Santa Monica
Rent Control Board.
SECTION 4. Inconslstent Provisions. Any provision of the
Santa MonIca Municipal Code or appendices thereto inconsistent
wlth the provisions of this ordinance, to the extent of such
inconslstencles and no further, are hereby repealed or modified
to that extent necessary to affect the provisions of this
ord1nance.
SECTION 5. Severability.
sentence, clause, or phrase of thIS
If any section, subsection,
ordinance is for any reason
4
e
e
held to be inval1d or unconstitutional by a decision of any court
of any competent jurisdictlon, such decision shall not affect the
validity of the remaining portions of the ordinance. The City
Council hereby declares that lt would have passed this ordinance
and each and every section, subsection, sentence, clause or
phrase not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently
declared ~nvalid or unconstitutional.
SECTION 6. ~_mergency. Th is ordInance is declared to be an
emergency measure adopted pursuant to the provisions of Section
615 of the City Charter and is necessary for preserving the
public peace, health, and safety, and the urgency for its
adoption is set forth in the findings above.
SECTION 7. Execution. The Mayor shall sign and the City
Clerk shall attest to the passage of this ordinance. The C~ty
Clerk shall cause the same to be published once in the official
newspaper within IS days after its adoption.
APPROVED AS TO FORM:
r~~~
Robert M. Myers 'IJ
CIty Attorney
S
e
e
ADOPTED AND APPROVED THIS
10th
DAY
OF
August
, 1982.
-"
,
!
) ,
. .~ I
1/ L !~/fc&Ct'!
/ MAYOR ~
! ~ (j~
; "~I { /1,
~v -
L-
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
(CCS), WAS DULY AND REGULARLY INTRODUCED AT A
NO. 1255
MEETING OF THE CITY COUNCIL ON THE 10th DAY OF August
1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPT~D
AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF August
1982 BY THE FOLLOWING COUNCIL VOTE:
,
NOES:
COUNCILMEMBERS: Conn, Edwards, Jennings, Press,
Reed, Zane and Hayer Yannatta
Geldway
COUNCILMEMBERS: ~ane
AYES:
ABSENT:
COUNCILMEMBERS: Kane
ABSTAIN:
COUNCILMEMBERS: Kane
ATTEST:
~:r~
ACTING ASS~ANT CITY CLERK