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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
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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withdrawn from the rental housing market pursuant to the Ellis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.
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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
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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
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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
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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
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