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SR-8-B (12) l " t' f ~ 't iCA: MM:KMM:kmm ,CI; Cauncll Meeting " ~ . 1l0)- 009- ~~ WIT+\ORAw ~ K-I3~CO SfP 11 \t14 Santa Monica, California of 9-11-84 STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Adding Municipal Code Section 4812 and Amending MunLclpal Code Section 9204 Concerning EVictions and ResidentIal Building Reports for Buildings Converted to CondomIniums After April 10, 1979 This Staff Report analyzes and transmits for City Council ConsideratIon an Ordinance limiting evictions for owner-occupancy and dealing with ReSIdential Building Reports. In Santa Monica Pjpes v. Rent Control Board, Supreme Court Case No. L.A. 31615, 31616 (April 20, 1984), the California Supreme Court upheld the removal permit requirements contaIned In City Charter Section 1B03(t) of the Rent Control Law. However, In doing so, the Court, In dicta, has created an apparent am- biguity with respect to the creation of condominiums. The Issue is important for the City because of the provision in the Rent Control Law allowing eviction for owner occupancy. Section 1806 of the Charter prohibits eVictions except for good cause. One permitted ground is set forth in subsection (h): The landlord seeks to recover possession in good faith for use and occupancy of herself or himself, or her or hiS children, parents, brother, sister, father-in-law, mother-in- law, son-in law, or daughter-in-law. P-13 SEP 11 1114 The language of the Santa Monica Pines case seemlngly allows conversion and sale of ind1vidual condominium un1ts whenever a final subdivIsion map is secured and filed. Th1s could be seen as bypassing the salient purpose of the removal permIt require- ment and allow evictions for owner-occupancy. The City peti- tioned for modification of the opinion to eliminate the am- biguity. On June 21, 1984, the petltlon was denied. As a result, it is anticipated that landlords and developers who pos- sess subdivision maps, but who nonetheless never applied for or failed to receive removal permits, will seek to take advantage of this dIcta in the opinion by converting their units and eV1cting tenants. Indeed, the developers of the Santa Monica Pines property itself have inquired of this office as to their abllity to market the units and evict tenants. Revisions to the Rent Control Charter Amendment approved for submittal to the voters could rectify this SItuation by preclud- Ing owner-occupancy evictions from unlawfully removed con- domlnlums. However, even if thIS revision is approved by the voters, it would not be operatlve for several months. In the 1n- terim, many of the units affected by Santa Monica Pines mlght be converted and tenants evicted. Accordingly, it is suggested that the City Council consider an ordinance similar in effect to the proposed revisions to Charter Section 1806(h). ThIS would have the effect of providlng necessary interim tenant protection and providing legislative history concerning the adoption of Charter changes. 2 .- . , Ii. .. '- - 'J t ,-/- " ~ " . ~ .L 'J ,. ~ ,." , , " -,\ I I .,] , ~..... ~ .... l , , J ... 1 ~ J r ..._ 'J "d --:;. -=' .L :-..J _ - h_" ., - - -I The Rent Control Board has promulgated regulat10ns im- plementing Section 1806{h). They are contained in Board Regulation 9002. Among other things, they 11mit evictions under 1806(h) to natural persons who own not less than a 50\ 1nterest >>In a property.>> The critical requirement is contained in Section 9002{b): An owner .. may evict a tenant from a con- trolled residential rental unit for the use and occupancy of himself or herself or for one of the relatives [authorized] for ~ uni~ only 9n A 9ive~ property. If any owner or enumerated relative already occupies one unit on a property, no eviction pursuant to Section 1806(h) may take place. The term >>property" 1S nowhere defined in the Board Regulations. However, in the case of condominiums, developers would likely argue that each unit is a separate property, thus allowing for owner-occupancy evict10n of every converted unit. The Board's position, however, would probably be that unless a removal permit was secured, the entire building was a single >>property>> for purposes of 1806(h) and 9002(b). Accordingly, it is not certain WhiCh interpretat10n would be judiCially approved in a court challenge which is almost certa1n to ensue after the Santa Monica Pines decision. The worst case would be for a court to declare the Board powerless to regulate condominium evictions. Curative action, however, could come by ordinance or Charter Amendment. S1milar evict10n protections 1n 3 " " -' Ii! , l .' iV.... ,:... r .- J; "- 1-" < - -''01 _. 1 ,,:: L": ..( -' /: j ..t~ "'l4.. I " -' 4 .....1. .~ , ~ \. lc - ;'--1 ~ "3' t ,!ca !..~ t -L ...i ~ .1 -+ J. 1 . 1 -of , ' t -t'v........'I.... '1 t J ::::+;"0 J;: -, ; . i ~ r. "" "1 -' .-, -'-j .... IJ' 1 . .' t ":! , ; ~ --t . -J ,,- " t 'I "oj "., - ~, 1 ,~ 1 ~ t J -i Massachusetts cities have been upheld by the courts. See, e.g., G~ace v. Town of Brookline, 399 N.E.2d 1038 (Mass.). Additionally, It has come to the attention of the City Attorney's Office that unlawful evictions and conversions have been occuring despite the protections of existing law. Enforcement has been hampered by the uncertainty of the Santa Monica Pines case. Accordingly, a better enforcement mechanism is required to provide protection against unlawful evictions. ThIS could best be accomplished by amending the Municipal Code with respect to ResidentIal BUIlding Reports (Section 9201 et seq.). This is also necessary to protect condominium buyers who might otherWise be led to believe that they can obtaIn occupancy of a purchased unit. This mechanism furthers the purpose of the BUIlding Report, which is stated as follows: [Ilt IS the intent of the City Council to as- sure that the grantee of a residential build- ing within the City shall be furnished a report of matters of City record pertaining to the authorized use, occupancy and zoning classification of real property prIor to sale or exchange. It IS the further intent to protect the unwary buyer of residential property against undIsclosed restrictIons on the use of the property. Municipal Code Section 9201. 4 I.. , -, ~ i I- - , J ~ . : fl __ - L...r ::' ,'1 .- <J j - {- p .... i ~I ":i . " " .r lj ... -, . .. ~ 1 F1 ," 'J "1 . . ~ .. _' I' C~ J ;l J .J . .. - ~ .j . 1 _ 'lll i- ,--' _ ... 1J 1'" .;I{ t T :; i"; J. .. '! I ',... l i " . ." , ~- , ~ r 2 - 'c l L J: ..., -l ~ ~ t J '! I , I -' ... .. f j, ..'" Section 9204 (Application) should be amended to contain the following additional requirement: f. In the case of condominiums con- verted after April 10, 1979, the records of the Rent Control Board showing the registra- tion, exemption and removal status of the condominium unit for which a Report is sought. No ResidentIal Building Report shall be issued for a condominIum unit converted after April 10, 1979J unless the Director of Planning first determines that the Rent Control Board has issued a removal permit or declared a vested right for said unit or the unit has been converted pursuant to Article xx of the City Charter. As used herein, a unit shall be deemed converted after April 10, 1979, unless it had first been sold as a condominium unit on or prior to April 10, 1979. RECOMMENDATION It IS respectfully recommended that the accompanYIng or- dlnance be Introduced for first reading. PREPARED BY: Robert H. Myers, City Attorney Karl Hanheim, Deputy City Attorney 5 ,- 1 .. I 1 1 - ( "" - ,1 . ..::-..... .1 ( l~. r .I d' "1"(1 - . { T 1 '- ., , -~ i f ' , '""' r . . L".. ''I l .. I I' i -"l . f . I. ,- ......,.] y , , "t, n9 '0 t . I ~_ I 'i...- 1= f- , ' :1(1 - j'" ~ i"' ,.. ".b..- ... i J ~... .l. CA:RMM:KMM C1ty Council Meeting 9-11-84 Santa Monica, California ORDINANCE NUMBER ____ (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING MUNICIPAL CODE SECTION 4812 AND AMENDING MUNICIPAL CODE SECTION 9204 CONCERNING EVICTIONS AND RESIDENTIAL BUILDING REPORTS FOR BUILDINGS CONVERTED TO CONDOMINIUMS AFTER APRIL 10, 1979 WHEREAS, in the interest of the public health, safety, and welfare, the Rent Control Charter Amendment (City Charter Article XVIII) regulates eVictions from residential rental units; and WHEREAS, it 1S the intent and purpose of the Rent Control Charter Amendment to protect the rental housing stock and prevent evictions by regulating the removal of controlled rental units through conversion, demolition, or other means; and WHEREAS, to protect the rental housing stock the Rent Control Charter Amendment requires a removal permit be issued prior to any such removal; and WHEREAS, 1t has been the understandlng of the City of Santa Honica and the Santa Monica Rent Control Board that a removal permit is required in all cases of condominium conversion, in- eluding those cases where the landlord has secured and filed a final subdivision map; and 1 I' ,I _ -, ~ >. ., . ~, , '. "1 ~~ Il, W:'(L- I ~ -'i ti, 1 "," '" :l i ..:ih - , f " 1 - i- I- 1 'J ," i 0 - i " ~ . .>~.. I' , :-~1 . -- oJ1 1 ~l ~ .1. ;- 1 i.i 'I JT - J" j~,~ - . I' -f ~, V! ~l ; ., > -1 . I J :' -,- /;) . f,' , J ,"" ~ .r " ~if .~ I. - ,:i - I "'..- ".,. r- ~.c WHEREAS, the Callfornia Supreme Court has aff1rmed the validity and necessity of the removal permit requirement in the case of Santa Monica Pines v. Rent Control Board, Case Nos. L.A. 31615, 31616; and WHEREAS, in the Opinion of the Santa Monica P1nes case, the Court stated in dicta that although a removal permit 18 required for a landlord to complete his/her project, the landlord may nonetheless sell fee interests in single apartment units prior to securing a removal permit; and WHEREAS, several landlords and developers in the CIty have construed Santa Monica Pines to allow sale of indiVIdual con- dominlum units wherever the owner has secured and filed a final subdIvision map, irrespective of whether a removal permit has been obtained; and WHEREAS, Section 1806 of the Rent Control Law limlts the grounds for eviction but does not prohibit evictions for the pur- pose of owner and owner-relative occupancy; and WHEREAS, by Regulat1on, the Rent Control Board has permitted one evictlon per property for the purpose of owner or owner- relative occupancy; and WHEREAS, existing law may be construed to allow the sale of converted apartment units without a removal permit, and thereaf- ter allow the new owners thereof to SectIon 1B06(h) of the City Charter Rent Control Board Regulations; and evict tenants pursuant to and Section 9002(b) of the 2 .1 . t , , ~ ... 'T ~ " 1-'_ ~4;- } " ~ I - I. \> !.. "'- - ."\' ." l .'.. \.- ,. " Cp" ,-. ~~ _ J _ - " 1. r- - \".l' . . .. . .. , . . i - _ ~..., i. .. r ,L ill i ., _Ii J. I 0 ~. , . " ~ , . t LO -...~.. . I, f ~ ~_1" . } '; ..c.- ~ ~l ~ ~ :t I ~ ~ .:It. I ~ -::. 1 -' 1-' _". ;:... -;.; t.._1...; :. ~ ~ . .9-" ~ .l 1 - - .'" nt, -"!9-0"ojlIIr. ,. .. , > - -i: ~ 'f.~ .' -\ , .<1' . r - , ( ~ ~ ~ ,-\ '.i I ~ . l ,- ^ " ~ .j " ~~1 1 I' ; ;. .. " '~t 1 _ ~--------------~--~--~-~-~- WHEREAS, thLs construction is contrary to the intent and purpose of the Rent Control Charter Amendment and is inimical to the public helath, safety, and welfarej and WHEREAS, buyers of unlawfully removed condominium units may be unaware that they will not be able to evict the present tenant in order to take personal occupancy; and WHEREAS, it is proper for the City Council to adopt curatLve regulations limiting evictions for owner-occupancy as originally intended by the voters and the Board, and to ensure that good faith purchasers of condomLnium units are adequately apprised of their rights under law, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4812 is hereby added to the Municipal Code as follows: Section 4812. Tenant Evictions for Owner Occuoancv. ~ ~ In addition to any other protectLons provlded in the Municipal Code, the City Charter, or the laws of the State of California, no eviction for purposes of per- sonal occupancy by the landlord or owner or relative of the landlord or owner shall be allowed in any condominium or stock coopera- tlve unit which has been converted from an apartment or other rental unit after April 3 " , ~ -'-\ ~ r, -1 11 ..... \- ~ ! .. i ., 'j r ~, ~j c ,,~ , " E - ij ; .:. 'tL _... ~ I l"" r ;: i -' ., ~j q 1 . '. "_t it (. - ~ \: if' ~ ~ . -l =;\:; ~- 'J': L;J ., I' '-, '-' l - ~'Il "1d - j ~ V - W(IJ ,ri r. ~ ....I.--!. :' T ill' . , i r .j - '. 1 ~ . . .. .L. ~.:, j ~ ~ ~ ..JI.... -. j " 1.[ i . , j ~ .,. oJ 0< . . . ; " JI r -.:t 10, 1979, unless the Rent Control Board has issued a removal permit or declared a vested right for said unit or the unlt has been con- verted pursuant to Article XX of the City Charter. As used herein, a unit shall be deemed converted after Aprll 10, 1979, unless lt had first been sold as a condominium unit on or prior to April 10, 1979. SECTION 2. Section 9204 of the MunLcipal Code lS amended to read as follows: SECTION 9204. Applicatlon. Upon ap- plication of the owner or his authorized agent and the payment to the City of a fee of Ten and no/l00ths Dollars (10.00), the Director of Planning shall review pertinent City records and deliver to the applicant a report of residential building records and deliver to the appllcant a report of residen- tIal building records which shall contaln the following information insofar as it is avallable. 8. The street address and legal de- scription of subject property. b. The zone classiflcatlon and authorlzed use as set forth in this code. 4 1( , !OJ.:!' : " . 0: I t "(~. '7_ ..31" 1 ~. " .. "( --! . . r, -, 1.'.-.1..- F " '" ~ ~ f _-I '.i ~~ ~I] - . .. - 1....; r; 1..: ':3 1 i "'_ -II.... . ; .1 I...., t' ,~ -I (, \., fJ.- . f If- ,1 :t + .~ :! .. .i _ .1'" "' ] _- :1 .: i r. c. The occupancy as indicated and established by permits of record. d. Variances, conditional use permits, exceptions, and other pertinent legislative acts of record. e. Any special restrictlons in use or development which may apply to the subject property, and f. In the case of condominiums con- verted after April 10, 1979, the records of the Rent Control Board showlng the registra- tion, exemption and removal status of the condomLnlum unit for which a Report is sought. No Residential BUilding Report shall be Issued for a condominium unlt converted after AprLl 10, 1979J unless the Director of Planning first determines that the Rent Control Board has issued a removal permit or declared a vested right for said unit or the unit has been converted pursuant to Artlcle XX of the City Charter. As used herein, a unit shall be deemed converted after April 10J 1979, unless it had first been sold as a condominium unlt on or prior to April 10, 1979. 5 SECTION 3. Any provisions of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistenc1es and no fur- ther, 1S hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decis10n of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City CouncIl hereby declares that it would have passed thLs 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 in- valid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be publLshed once in the offIcial newspaper withIn 15 days after its adoption. The ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~ \.-. l \f- ROBERT M. MYERS City Attorney 6 \ il I [ 1 r j I ! >' CITY OF SANTA MONICA INTER-DEPARTMENT MEMORANDUM DATE: September II, 1984 TO: Counc11member Jenn1ngs FROM: C1ty Clerk SUBJECT: Item 8-B -- Residential Building Reports (Agenda of September II, 1984 ) In response to your telephone call yesterday ln regard to any preV10US Councll actlon on Residential Building Reports, attached are the following items: 1. Copy of Mun1c1pal Code Sections 9203 and 9204 regardlng the Resldentlal BU1lding Report. 2. Copy of C1ty Council minutes of March 26, 1980, In wh1ch the C1ty Attorney was directed to prepare an ordinance amendlng Sectlon 9203 to requlre a report regarding Rent Control Board perm1ts, and Item 13-0, a memorandum from Councl1member Jennlngs on the subJect. 3. C1ty Councll rrunutes of September la, 1980, in which the Counell voted to direct staff to prepare and return for Councl1 reV1ew a consumer checklist to be attached to the current form (rather than introduce an ordlnance) ~ also attached is the related staff report. 4. A draft transcript of the City Council mlnutes of September 10, 1980, glvlng details WhlCh led to the above-ment1oned motlon. 5. Form currently used by the Planning Department In the above procedure. As of this hour, we are not able to locate a response to the dlrectlon to prepare a consumer checkllst for Councll reVlew. AMS:JJ ~~ Attachment cc: C1ty Caunell Clty Manager ~ttorney ~ann~ng Dlrect~ See NOO -"Ide<! by Ood II IJINCCS AdoptM l_ See. nol II.dd.... .., 0I'd II11t4CCS II.doP'e<I 1 lW-84 SANTA MONICA MUNICIPAL CODE 217-W R.73 Chapter 2 - REPORT OF RESIDENTIAL BUD..OING RECORDS Soc 9211. t205 IooWoi ~ ........ 1 IJ. 11 SECTION 9201. InteDt. Pursuant to Article 65 (Commenemg with Seetion 38780), Chapter 10, Part 2. DivilllOD 3. Title 4 of the Government Code of the State of California. it iI the mtent of the City Cound to asl~ that the IrrUtee of a reSIdential butldtng within the City shall be furmshed a report of matters of City reeord pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It 18 the furher lntent to protect the unwary buyer of reSidential property against undlSClosed restnetions on the use of the property. SECTION 9202. DefiDitioDl. a "Owner" shall mean any person. copartnership, association. co~ration or fidUCiary havmg legal or eqwtable title or any IJlterellt m any real proeerty. b. "ReSidential building shall mean any Improved real property deSIgned or peMnttted to be med for dwellins pur- poses, situated in the City and shall mdude the bu1lding or structure. located on said Improved real pro~rty C "Agreementofsale shall mean any agTeement or written ituJtrument which prOVides that ttUe to any property shall thereafter be transferred from one owner to another owner. SECTION 9203. Report required. Prior to entermg mto an "agreement of saleH or exchange of any residential building. the owner or hil authorized repreeentative shall obtain from the City a report of the residentlLl building reeord ahowmg the regularly authorized use, occupancy. and zoning classification of such property. Said report shall be vahd for a period not to exceed six (6) month a from date of issue. SECTION 9204. Applieatioll. Upon ap. plication of the OWDer or his authonzed .,.nt and the payment to the City of a fee of Ten and no/100th Dollars (10 00). the Di1'eetor of Planning ahall reView pertin. ent City reeorda and deliver to the appbeant a I'@port of residential buildrng records which shall contaul the following rnformatlon insofar as It IS available. a The I5treet addreu and legal de- acnption of aubJect property. b. . The zone classification and author. ized un as ..,t forth in thil code c. The occupaney u tnmcated and established by pemllts of record d. V&nances, conditional use pemuts. exceptions, and other pertinent legislative ac:ts of record. and e. Any special 1'estrietions in uae or development whIch may apply to the subJect property. SECl'ION 9205. DeHvery of report. The report of residential building record shall be delivered by the owner. or the au- thorized designated reprelllntative of the owner to tl1e buyer or transferee of the residential building prIOr to the con. summation of the sale or excbange. Tbe buyer or tranlleree shall exe<:ute a receipt therefor as furnlllhed by the City and s&1d receipt shall be delivered to the Planmng Department as eVIdence of Comphance WIth the provillOnS of this chapter. Chapter 3-SUBDmSIONS Subchapter SA-Gene..... ProvIalcma and ItesponsibWdell SECTION 9300 Citatioll ud Authority. This Chapter is adopted to supplement and implement the Subdlvlslon Map Act, Govern- ment Code Section 66410 et seq, and may be cited as the SubdIVision Ordinance otthe CJtyor Santa Montca SECl'ION 9301 PlIrpose. It ill the purpose or thIS Chapter to reguJ.te and control the division of land within the City of Santa Monka and to !Iupplement the provisions of the Sub- division Map Act concerning the design, im- provement and survey data of subdiWIlons. the (arm and content of all maps provtded for by the Subdivision Map Act and procedures to be followed in securing the otnclal approval of the Planning Commiasion and City Council regard- ing such maJ)3 To accomplish Chili purpose, the regulations outlined In this Chapter are de. termined to be necessary for the preservation of the public health,lIafety and general welfare, to promote orderly growth and development and to promote and Implement the General Plan The requirements of this Chapter are In addition to other requirements of the City of Santa Monica. .... '* :r~ ........ ,-u-n ./ ,-..... C) Agenda ILem 13-D' Presented for consideration at this tlme was an ordlnance amendlng Santa Monica MunIcipal Code Sectlon 9203, requlrlng bUlldlng records on residential bUlldings and rental unlts prlor to their sale or exchange; and Section 91ZZC requiring a condominium conversion perrnlt (Counc11member JennIngs). Councilmember Jennlngs moved to direct the CIty Attorney to prepare an ordinahceamending Section 9203 of the Munlclpal Code requlrlng a report WhlCh would state whether or not an owner has obtalned any necessary permlts from the Rent Control Board and further ~oved that copies of the ordlnance oe sent to all bUllders and real estate offices, Second by Councllmember Rhoden. CounCIl Vote' Unanimously approved 5.D Absent Councilmembers Reed and Scott ---- Io,j Oc ~ Lf sO - ~ crTI' COUNCIL MEETING - l>t1rch 26. 1980 0' . ~.... MEMO DATE: March 25, 1980 TO: Mayor and City. Council FROM: William Jennings SUBJECT: Ordinance Amendment A request for dlScusslon and consIderation of an ordinance amending Santa Monica Municipal code SectIon 9203 requiring a building record on resi- dential bUl1dings and rental units prior to their sale or exhange; and SectIon 9122C reqUIrIng a condomInium conversion permit. -' 13 D MAR 2 5 1980 1)3 0 MAR 2 5 1980 . .. /~' / ", " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9203 and 9122C OF THE SANTA MONICA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9203 of the Santa Monica Municipal Code is hereby amended to read as follows: Section 9203. Report Required. (a) Prior to entering into an "agreement of sale" or exchange of any residential building, the owner or its authorized representative shall obtain from the City a report or the residential building record showing the regularly authorized use, occupancy, and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue... (b) Notwithstanding subdivision (a) of this Section, prior to entering into an "agreement of" sale" or exchange of any residential building in which rental units have been con- I I verted to condominiums, or transf"ering any interest therein, the owner or its authorized representative shall obtain from the City a report of the residential building record showing the regularly authorized use, occupancy, zoning classiflca- tion of such p~ope~ty, and controlled rental status of the unit under the Santa Monica Rent Control Charter Amendment, Santa Monica City Charter Section 1800 et seq. This ~eport shall not be issued by the City until the Santa Monica Rent i ..,"- Control Board has determined that the residential building 1s exempt from the provisions of the Santa Monica Rent Control Charter Ame~dment, granted a vested right far the residential building, or granted a removal permit for the residential building. Said report shall be valid for a period not to exceed six (6) months from date of issue. SECTION 2. Section 9122C of the Santa Monica Municipal Code is hereby amended to r'ead as follows :__ Section 9122C. Condominium Permit--Canversions. Any developer; builder, or other person seeking to convert an existing structure to a condominium shall first apply for and obtain from the Building Department a condominium conversion permit. Such condominium conversion permit shall be issued only (a) upon the approval of the Planning Department, or City Council upon appeal or review, after it has determined that the existing structure conforms to all applicable zoning regulations) (b) upon the issuance of a condominium license by the Office of the City Clerk of the City of Santa Monica based upon the payment of the prescribed condominium tax) and (c) upon the Santa Monica Rent Control Board making a deter- mination that the structure 1s exempt from the provisions of the Santa Monica Rent Control Charter Amendment, granted a vested right for the structure) or granted a removal permit for the structure. Subdivision (c) of this section shall only apply to structures for which a final subdivision map has not been obtained) or the payment of the condominium tax has not been made, prior to the date of introduction of this ~ /~ ?; << .r ordinance on SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent therewith, to the extent of such inconsistencies and no further, are hereby ~epealed or modified to that extent necessary to effect the provisions of this ordinance. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance 1s for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not decla~ed invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. The ordinance shall become effective after thirty (30) days from its adoption. .. F~ /-J ~gcnda Item 8-A: Presented for cons~dcratlon was an orulnance for intro- ductlon regardlng reports of resldcntlal building records. The staff report was pre sen te-d. D~scuss lon was he Id. ~Iayor -Pro TCJ11pore Yanna t ta Goldway moved to direct staff prepare a consumer checklist for Council re"iew in one month, that checkllst to be attached to the current form In some fashlon. Second by Councilmember Reed. The motion was approved by . the fa 11 O\\"lng vo te Counell Vote: UnanImously approved 6-0 Absent: Councllmembcr van den Steenhoven MI~UTES OF CITY COUNCIL MEETING September 10, 1980 //~ ~. ... /... I ~-.-/ ~ tlLl!e-Q