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SR-8-F (9) f-J: CA:RMM:rmd1279/hpcal/pc city Council Meeting 7-9-91 JUL 9 1991 Santa Monica, California STAFF REPORT FROM: Mayor and City Council city Attorney TO: SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 4603 Regarding Demolition, Conversion or Other Removal of A Controlled Rental unit from the Rental Housing Market At its meeting on June 11, 1991, the City Council directed the City Attorney to prepare an ordinance amending Municipal Code Section 4603. In response to this direction, the accompanying ordinance has been prepared and is presented to the city council for its consideration. Municipal Code Section 4603 currently reads: On and after the effective date of this Chapter, no department, commission, board, or agency of the City shall accept for processing or issue any new permits or applications to demolish or convert or otherwise remove a controlled rental unit from the rental housing market unless the owner of the property has first secured a removal permit under Section 1803(t), an exemption determination, or approval of j1-r - 1 - JUL 9 1991 vested rights claim, from the Rent Control Board. Pursuant to Municipal Code Section 4603, an application for the development of property subj ect to the Rent Control Law cannot commence until a removal permit or exemption has been issued by the Rent Control Board or until the units have been withdrawn from the rental housing market pursuant to the Ellis Act. When Municipal Code Section 4603 was first adopted, a removal permit or exemption were the exclusive procedures for landlords to go out of the rental housing business. In many situations, the property remained occupied by tenants. Once the removal permit was obtained, the property owner would seek City development permits. The property would continue to be occupied by tenants during this process because City Charter section 1806(i) only permitted landlords to evict for demolition or removal "after having obtained all proper permits from the city of Santa Monica." The Ellis Act substantially changed the situation, Currently, the Ellis Act is the principal device by which landlords go out of the rental housing business. In order to complete the Ellis Act withdrawal process, all the tenants have to be evicted. Upon the eviction of the tenants, the landlord can start the process to obtain city permits for development of the property. Thus, there is often a lengthy time period in which the property is vacant. - 2 - The proposed amendment to Municipal Code section 4603 will permit property owners to seek city approvals prior to obtaining Rent Control Board approval or using the Ellis Act. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney - 3 - CA:RMM:rmd1278/hpca1/pc city Council Meeting 7-9-91 Santa Monica, California ORDINANCE NUMBER (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4603 REGARDING DEMOLITION, CONVERSION, OR OTHER REMOVAL OF A CONTROLLED RENTAL UNIT FROM THE RENTAL HOUSING MARKET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4603 is amended to read as follows: SECTION 4603. A department, commission, board, or agency of the City shall accept for processing applications inVOlving the demolition, conversion or other removal of a controlled rental unit from the rental housing market without requiring the owner of the property to secure a removal permit under Section 1803 (t), an exemption determination, or approval of a vested rights claim from the Rent Control Board or requiring the owner to withdraw the controlled rental unit pursuant to the provisions of the Ellis Act. In approving any such - 1 - application, the department, commission, board, or agency of the city shall impose a condition that the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit from the rental housing market shall not be issued until the owner of the property has first secured a removal permit under section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or withdrawn the controlled rental unit pursuant to the provisions of the Ellis Act. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether - 2 - any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. 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 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: R~~MY~; '--~ city Attorney - 3 -