SR-6-B (73)
. //"O/-CD6 ~-B
! "
JUl 2 3 1991
CA:RMM:rmd1279b/hpca1/pc
city Council Meeting 7-23-91 Santa Monica, California
STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
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 July 9, 1991, the City Council introduced
for first reading an ordinance amending Municipal Code Section
4603 regarding demolition, conversion or other removal of a
controlled rental unit from the rental housing market. The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
~-B
JUL 2 3 f991
f
.
'I
CA:RMM:rmd1278/hpcal/pc
city Council Meeting 7-23-91 Santa Monica, California
ORDINANCE NUMBER 1589{CCS)
(City Council Series)
AN ORDINMfCE 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), exemption determination,
-..... an or
~ . .
---' f 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
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or withdrawn the controlled rental unit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 prov is ions of the Ellis
Act.
- 1 -
. .
.
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
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 ci ty 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:
ROBERT M. MYERS
City Attorney
- 2 -
-
.
. ' .
.-
Adopted and approved this 23rd day of July, 1991.
:) dt
I-~ Mayor
I hereby certify that the foregoing Ordinance No. 1589 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 9th day of July 1991; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
23rd day of July 1991 by the following council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, and Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
/rfiiit/ r ~uU</0
--- t,!..---City ClerJt
,