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SR-402-002 (8) , f , J ?fez ~C02-- I~-A SEP 2 7 1988 C/ED:SF:Dez council Mtg: September 27,1988 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of the Planning commission Denial Review Permit 433 located at 1318 Applicant/Appellant: Mara Bresnick cummings Buick. of Development 16th street. representing INTRODUCTION This report recommends that the City Council deny the applicant's appeal of Development Review 433 and uphold the Planning commission's decision to deny demolition of seven multi-family residential units and construction of a surface level parking lot located at 1318 16th Street. BACKGROUND On July 20, 1988 the Planning Commission conducted a public hearing on the application to demolish seven mUlti-family units removed from the rental market through the "Ellis Act Process", and replace the units with a surface parking lot serving Cummings Buick at 1501 Santa Monica Boulevard. No proposal was made to replace the units, nor did the units have a removal permit issued by the Rent Control Board. On a vote of four to three, (Ayes: Nelson, Mechur, Lambert, Hecht: No: Pyne, Perlman, Farivar) the application was denied based on the following findings: - 1 - 12-A SEP 2 7 1988 o The proposed development is not consistent with the General Plan of the City of Santa Monica and the Santa Monica Municipal Code in that the project will not conform to the requirements of SMMC Section 4261 which require the issuance of a removal permit by the Rent Control Board for the demolition of the existing seven units prior to the Planning commission granting approval of a development review application to change the use of the property, and in that the proj ect is inconsistent with Program 10 of the Housing Element which requires replacement of mUlti-family housing proposed to be demolished.. o The proposed project is not consistent with Ordinance 1321 in that the physical location and placement of a commercial parking lot is not a compatible land use within close proximity to existing mUlti-family residential developments to the north, south, and east of the subj ect property and in that the parking lot will negatively impact the residential uses by reason of increased traffic and vehicle circulation by cummings Buick employees and customers, and increased noise and commercial intrusion from automobiles entering and exiting the parking lot. o The use of the parking lot has the potential of becoming inconsistent with the municipal code in that the use approved would consist of a parking lot for employee and customer parking, however applicant testimony presented at the Planning Commission hearing indicated that the parking lot could be util i zed for storage of new or used automobiles which is not a permitted commercial activity in the CP District. When the application was originally filed with the Planning Division, Planning staff was not aware that the application would require a removal permit since the units were removed under the provisions of the Ellis Act. The application was submitted just after the court decision in Javizad v. City of Santa Monica and it was not clear to Planning Staff what the procedures would be for accepting applications involving rental units removed as a result of the Ellis Act. The City Attorney subsequently determined that applications could not be accepted for filing until such time as a removal permit was granted. However, this - 2 - . ~ application was accepted for filing and therefore was required to be processed. Analysis The project is inconsistent with Program 10 of the Housing Element which states: "Demolition of existing multi-family residential dwelling units shall not be authorized unless provisions have been made for replacement of those units." The applicant is not proposing to replace the seven rental units that currently exist on the site. The project is inconsistent with SMMC section 4261 which states: n..no department, commission, board, or agency of the city shall accept for processing or issue any new permits or applications to demolish, convert, or otherwise remove a controlled rental unit from the rental housing market unless the owner has first secured a removal permit under Section l803(T), an exemption determination, or approval of a vested rights claim from the Rent Control Board.1t Based upon information given to Planning Staff from the City Attorney's office in light of the recent court decision concerning the Javizad case, the City Attorney maintains that the demolition of the units requires a Rent Control Removal Permit until such time as the Court decision becomed final. Apart from the inconsistencies with the General Plan and Municipal Code, the Planning Commission found that the use was not compatible with surrounding residential uses. The north and south side of this property directly abut muti-family residential uses and the majority of the 1300 block of 16th Street is in mUlti-family residential use. A surface level parking lot - 3 - between two residential buildings is not a compatible land use. Typically, such as in the case of ItA" designated parcels, surface parking provides a buffer between commercial and residential uses. In this case, the proposed parking lot will not buffer commercial uses from residential uses but in fact will contribute to commercial intrusion into a predominately residential neighborhood. Athough the parcel is zoned CP (Commercial Prfessional), the district is intended to permit residential uses and medical related commercial uses that are not detrimental to exisitng residential development. ~UDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the decision of the Planning commission based upon the following findings: o The proposed development is not consistent with the General Plan of the City of Santa Monica and the Santa Monica Municipal Code in that the proj ect will not conform to the requirements of SMMC section 4261 which requires the issuance of a removal permit by the Rent Control Board for the demolition of the existing seven units prior to the city Council granting approval of a development review application to change the use of the property, and in that the proj ect is not consistent with Program 10 of the Housing Element which requires replacement of multi-family residential units proposed to be demolished. o The proposed project is not consistent with Ordinance 1321 in that the physical location and placement of a commercial parking lot is not a compatible land use within close proximity to existing mUlti-family - 4 - residential developments to the north, south, and east of the sUbject property and in that the parking lot will negatively impact the residential uses by reason of increased traffic and vehicle circulation by Cummings Buick employees and customers, increased noise and commercial intrusion from automobiles entering and exiting the parking lot, and in a predominately residential neighborhood in the 1300 block of 16th street. o The use of the parking lot has the potential of becoming inconsistent with the municipal code in that the use approved would consist of a parking lot for employee and customer parking, however testimony presented at the Planning Commision hearing indicated that the parking lot could be utilized for storage of new or used automobiles which is not a permitted commercial activity in the CP District. Attachments: Exhibit A: July 20, 1988 Planning Commission staff Report Exhibit B: July 19, 1988 Letter from Lawrence and Harding Exhibit C: Parking Lot Plans Prepared by: Paul Berlant, Director of Planning Suzanne Frick, Principal Planner Planning Division Community and Economic Development Department SF:Dez PC/dr433cc 03/03/88 - 5 - , EPt/srr A tf,D . CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: July 20, 1988 TO: The Honorable Planning Commission FROM: planning Staff SUBJECT: Development Review Permit 433 Address: Applicant: 1318 16th street Cummings Buick Action: Development Review Permit to demolish seven mUlti-family residential units and change the use of the property to a surface parking lot for cummings Buick. Recommendation: Denial. SITE LOCATION AND DESCRIPTION The subject property is a 7500 sq. ft. parcel located on the west side of 16th street between Santa Monica Boulevard and Arizona Avenue having a frontage of 50 feet. Surrounding uses consist of multiple family dwellings (CP) to the north, multiple family dwellings (CP) to the south, multiple family units to the east (CP), and a parking lot (CP) to the west. Zoning District: CP Land Use Districts: Hospital Area Parcel Area: 50'x 150' PROPOSED PROJECT The applicant proposes to demolish seven multi-family units, removed from the rental market through the "Ellis process", and replace the units with a surface parking lot serving cummings Buick at 1501 Santa Monica Boulevard. The units have not received a removal permit from the Rent Control Board. The applicant does not propose to replace the units that current- ly exist on the site. - 1 - , . MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is inconsistent with the Municipal Code and is not in conformity with the General Plan in the following respects: Section 4261 of the Santa Monica Municipal Code which states that 1I...no department, commission board, or agency of the City shall accept for processing or issue any new permits or applications to demolish, convert, or otherwise remove a controlled rental unit from the rental housing market unless the owner has first secured a removal permit under Section l803(T), an exemption determina- tion, or approval of a vested rights claim from the Rent Control Board. It Section 9113B of the Santa Monica Municipal Code which requires at least a 20 front yard setback. Program 10 of the Housing Element which requires replacement housing when mUlti-family residential units are demolished. CEQA STATUS The project is Categorically exempt from CEQA Class 11(2). FEES The project is not subject to any Planning Fees. ANALYSIS Background When the application was originally submitted to the Planning Division, Planning staff was not aware that the application would require a removal permit since the units were removed under the provisions of the Ellis Act. The application was submitted just after the court decision in the Javidzad v. City of Santa Monica and at that time it was not clear what further action the city would take. In that the application was not deemed incomplete on the basis that the project lacked a removal permit, the Planning Division is required to process the application under the terms of the Permit Streamlining Act. However, under the provisions of SMMC 4261 the application before the Planning commission may not be approved without the issuance of a Removal Permit by the Rent Control Board due to the fact the matter is currently on appeal to a higher court. with this ac- tion still pending, a removal permit is presently required by the City when units are removed from the rental market. Apart from the removal permit requirements, the project is also inconsistent with the Zoning Ordinance and General Plan with respect to the front yard setback and Program 10 replacement re- quirements. The parking is setback only 5 feet from the front - 2 - t . property line, and a 20 foot front yard setback is required. The seven units currently existing on the site are not proposed to be replaced. The Planning commission must make a determination on the project by July 20th in order to comply with the Permit Streamlining requirements. RECOMMENDATION It is respectfully recommended that the Planning Commission deny Development Review Application 433 based on the following findings: Finding's 1. The proposed development is not consistent with the General Plan of the City of Santa Monica and the santa Monica Municipal Code in that the project will not conform to the requirements of SMMC Section 4261 which requires the issuance of a removal permit by the Rent Control Board for demolition of the existing seven units; the project is not consistent with SMMC Section 9113B 2a in that a 20 foot front yard setback is required and the project plans indicate that only a 5 foot front yard setback will be provided: and 1n that the project does not provide re- placement units under Program 10 of the Housing Element which requires replacement of mUlti-family units when such units are proposed to be demolished. 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S : : 0 M i'" <!it I: w 1 Y I U ~Jf I : Q ,.I., o~'""-t z r l~~ U . ri};lD I ' I . .;;c. , I ,.1+- I ~... ~ ~~ ...:..i,., ..... ..:.. ...i..,.... i.i_'..:..:.... .:'..i...'.....-'"= I I , .:~ ~i. ~ ~ 1 M I 1f !II 'III '10 .. w:: LEGAL DesCRIPTION Lot J 31k 134 tolo.n of Santa : DlUca ~ CASE NO STREET ADDRESS 1318 16th Street, S.M. 90404 :;D '- ZONE 10/1/87 Cumm~ngs Bu~ck, Inc. APPLICANT DATE RADIUS MAP FOR F'UBLIC HEAAING DATE [p[Wi\~lMalM@ {Q)~!;>M~~~[M~ ern Of S-t- Jh-.~ Cl~DlFCI~~lIA R.f_nee Atlas Map Sheet No 'I ~4 I ; I E.xJ+lu"T B . CHRISTOPt-tER fOol .....RD...G "'Ct-tARD.... ~A""RE"'CI!: Kt: Ir9N ETH -;.. I(UTC"E:R ......R....J I!IRES Nlelt .JO....N It h'lACKi!:L. m: I'(E\lIN v I(OZAL L-\'fRE~CE & HARD~ OF J ... A "AO'1[5S'O"A~ CO....OIII...T,OH CITY pI StJ ,I ! J 1.1,"';H1r 1 t &.r~ ~ :.:~;,.. ~ ....TTORNEl'S ....T ~AW ' -- .aso SIXT.... STiI:U:E.... .Ot; Ci_ IfI["'1 SA'<TA "ONICA CALI'OR..'A Q040 U'.J_ L ;' ~E';E):lHONE '2-.3; 3g3.IOC7 SUITE: 300 -E_ECOP-ER 1213i- 458-ISHJQ July 19, 1988 VIA MESSENGER EXPRESS Planning commission City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Re: Development Review Permit 433 Address: 1318-16th street Applicant: Cummings Buick Our File No. 317.2 Dear Commissioners: This office represents Cummings Buick, th~ Applicant under DR 433 for the property located at 131B-l&th street, Santa Monica. Applicant proposes to demolish the seven vacant residential units on this site and construct a surface parking lot to service C1mmings Buick located at 1501 Santa Monica Boulevard. As will be discussed below, the proposed project is compatible with surrounding land uses and conforms to the express development standards for this property contained in the General Plan and Zoning Ordinance. Planning Staff is recommending denial of the applica- tion for the following reasons: 1. The Rent Control Board has not issued a removal permit for this property, and it is staffls position that Santa Monica Municipal Code section 4603 prohibits issuance of a development permit absent a removal permit in this case [notwithstanding the fact that these units have been removed from the rental market pursuant to the provisions of the Ellis Act (Govlt Code Section 7060 ~t seq.) and implementing Board regulations}. 2. The original plans submitted for the parking lot did not show the required 20-foot front yard setback. [Subsequent to the preparation of the Staff Report, the Applicant submitted revised plans showing the required 20-foot front yard setback to rectify this oversight.] 3. Planning Staff contends, without any legal authority, that Applicant is required to comply with Program 10 of the Housing Element. .- LAWRENCE & HARDIXG f- A OROFESS.C""....i.. COr:tiPORATlON ATTORNEYS A.T I..AW Planning Commission July 19, 1988. Page 2 We disagree with Staff's recommendation of denial. As you are aware, the Ellis Act grants owners of residential rental units the right to remove those units from rental housing use, i.e., go out of business. The clear intent of the Ellis Act is to provide an alternative means, outside of the removal permit process, for residential property owners within rent-controlled jurisdictions to remove their units from the rental market. Notwithstanding this clear intent, the Rent Control Board has taken the position that a property owner must still obtain a removal permit even after controlled rental units have been removed pursuant to the provisions of the Ellis Act. The issue of the preemption by the Ellis Act of the removal permit requirement has been litigated in the case of Javidzad v. City of Santa Monica, Los Angeles Superior Court Case No. WEC 114572. In that case, the Superior Court held that once an owner has removed rental units through use of the ~llis Act, that owner can proceed to develop his or her pr~perty in compli- ance with local zoning laws without first obtaining a removal permit from the Rent Control Board. A copy of Judge Rothman's decision in that case is attached as to this letter as Exhibit "A" for your information. The City and the Board have appealed that decision and we are advised that the City Attorney has recommended that the Planning Division require removal permits prior to processing development applications for Ellis Act properties. We urge you to comply with Judge Rothman's rUling and review this application for compliance with valid local land use regulations (which may not include requiring a removal permit in this case). In conformance with the zoning for this property (CP) r Applicant proposes to place a surface parking lot on this site to provide needed off-street parking for its dealership. As you may be aware, Santa Monica Hospital has a parking lot directly across the street from Applicant's property. There- fore, use of this lot for parking purposes is compatible with the surrounding neighborhood, conforms with the permitted land uses and will alleviate on-street parking in nearby residential areas. We further contend that the City cannot require compli- ance with Program 10 of the Housing Element in connection with this development application. As stated in our prior letters to the Planning Division on this project, it is our position that . LAWRE~CE S: HARDI~G - .. A PIClOF"LSS~ONAL CORPORATION ATTORNEYS AT .......W Planning Commission July 19, 1988 - Page 3 Program 10, as a statement of a policy objective of the city to replace demolished residential dwelling units, is invalid and unenforceable for the fOllowing reasons: 1. Program 10 is not self-implementing. According to the Housing Element, this program was to have been implemented by appropriate city action approximately eighteen months after the adoption of the Housing Element in January 1983. We recognize that an implementing ordinance is currently scheduled to be discussed by the City Council at its September 13, 1988 meeting, however, there is presently no ordinance in effect which identi- fies the manner in which Program 10 will be implemented or stand- ards for compliance. Program 10 is now subject to arbitrary action by the City and constitutes a denial of substantative due process. Further, Program 10 has not been uniformly applied by the city in the past and therefore the City has not established by action a recognized pattern of practice. [We have never received a response from either the Planning Divdslon or the City Attorney on this issue.) 2. Program 10 may violate the Ellis Act by requiring an owner of real property to remain in the residential housing business. The mandates of Program 10, because they may be interpreted as requiring a unit-for-unit replacement of resi- dential rental units, may be viewed more onerous than the Rent Control provision (Section 1803(t) of the Rent Control Law) challenged in Nash v. City of Santa MonicaJ 37 Cal.3d 97. The ruling in the Nash case was superseded by the provisions of the Ellis Act. It appears that the City, having been unsuccessful in the trial court in limiting the breadth of the Ellis Act, has decided to now raise Program 10 in an attempt to penalize owners who exercise their constitutional right to go out of the rental housing business. This does not appear to be a legitimate exercise of local police power. 3. Finally, forcing the Applicant to construct housing on commercially zoned land is contrary to the City's General Plan and Zoning ordinance. We believe the proposed project should be approved as submitted. The Applicant has properly removed these units from the rental market and the jurisdiction of the Rent Control Board through use of the Ellis Act. The proposed project complies LAWRE~CE & HARDlXG ) " lDRO,.ESSLO....A~ CCI=i'POFUlliOI'4 ....TTORN..VS ....T L.A.W Planning Commission July 19, 1988- Page 4 with all applicable zoning laws and would benefit the neighbor- hood by reducing on-street parking. Lastly, the City cannot require compliance with Program 10 of the Housing Element until an enforceable implementing ordinance has been adopted. Thank you for your consideration in this matter. sincerely, --.... t"fU-i.,L d.-.-) 6~~0 ~I cL- Mara J. Bresnick for LAWRENCE & HARDING, a professional corporation . MJB17:ymk:CUMNGSl cc: Cummings Buick Suzanne Frick Robert M. Myers, Esq. . c 1 2 3 4 5 6 7 8 .ORIGINAI.: Rl.ED '" SE~ 15 fOOl COUNrt CLERK SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 FARIBORZ JAVIDZAD, FARAMARZ JAVIDZAD, MOUSSA JAVIDZAD, 12 Plaintiffs, 13 VS. 14 CITY OF SANTA MONICA, SANTA 15 MONICA RENT CONTROL BOARD, WILLIAM ROME, SANTA MONICA 16 DEPARTMENT OF BUILDING AND SAFETY, DOES 1 through 20, 17 18 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. WEe 114572 DECISION RE PRELIMINARY INJUNCTION AND PEREMPTO~Y WRIT OF MANDATE ~ , 19 1. Back9round Plaintiffs Javidzad hold a long-term lease on parcels of 20 21 real estate along Wilshire Boulevard in Santa Monlca, Cal~fornia. 22 The owner is Plainti ff Yarmark. 23 Pursuant to the -ElI1S Act- (Government Code S 7060 24 et seq.), Santa Monica Clty ordinances, and Santa Monica Rent 25 Control Board regulations enacted thereunder, plaintiffs were 26 permitted to go out of the business of offering for rent 27 residential accommodations in their property. All provisions of 28 the ordinances and regulations were complied with, and existing "T5761- PS 12-&4 -1- 1 tenants were properly evicted. The buildinqs are now vacant, and 2 the plaintiffs have sought a Demolition Permit in order to 3 demolish some of the buildings on the property. No other use is 4 indicated. 5 Before issuing the Demolition Permit, the City required 6 plaintiffs to obtain a Removal Permit from the Santa Monica Rent 7 Control Board, pursuant to Rent Control Charter Amendment 8 S 1803(t). 9 The plaintiffs bring this motion for preliminary injunction 10 and petl tion for writ of mandate on the ground that the 11 requirement of the Rent Control Board Removal Permit is improper 12 under the Ellis Act, as would be any effort of the City to block 13 demolition of this property now that plaintiffs are out of the. 14 residential rental business. Plaintiffs see~'- Injunction and 15 mandate to the Rent Control Board and the City to bar application 16 of Charter S 1803(t) or a city ordinance known as .program 10. of 17 the Santa Monica Housing Element. 18 The matter came on for hearing, and the Court allowed am1C1 19 from the Callfornia Association of Realtors, California Hous1ng 20 Counc1l, Inc., and Apartment Association of Los Angeles County, 21 lnc. At hearing the Court also allowed Yarmark to jOJ.n 1n the 22 action as a plaintiff. The Court takes judicial notice of all Charter provisions 23 24 and ordinances referred to by the parties in their papers. The Court finds from the evidence that the plaintiffs' 25 26 apartment units have all been vacated, the units are now empty, 27 and plaintiffs have qone out of the residential property rental 28 business at this location. -2- 76T~76T- PS 12.84 1 2 3 by . 2. Decision The -Ellis Act- provides that -no public entity . . . shall . . ord~nance, or regulation, or by administrative action 4 implementing any . . . ordinance or regulation, compel the owner 5 of any residential real property to offer, or continue to offer, 6 accommodations in the property for rent or lease.- Government 7 Code S 7060(a). Because this is a state general law on a subject 8 of statewide concern, it supersedes any conflicting city charter 9 or ordinance or regulation, and to the extent those city 10 provisions are 1nconsistent with it, they are invalid. Vial v. 11 San Die9o, 122 CA3d 346, 348 (1981). 12 Section 1803 (t) of the Rent Control Charter Amendment, 13 enacted by the citizens of Santa Monica, provides that -any 14 landlord who desires to remove a controlled reataI unit from the 15 rental housing market by demolition, conversion or other means is 16 required to obtain a permit from the [Rent Control] Board prior 17 to such removal from the rental housing market in accordance with 18 rules and regulations promulgated by the Board. In order to 19 approve such a permit, the Board is required to find that the 20 landlord cannot make a fair return by reta1ning the controlled 21 rental unit.- The Charter allows the Board to approve such a 22 permit if the Board finds the unit 1S, bas1cally, uninhabitable 23 or the landlord intends to build multi-family units. 24 25 apply to plaintiffs' situation herein. Although plaintiffs have 26 not been refused a Removal Permit by the Rent Control Board, it 27 is beyond dispute that the Removal Permit would necessarily be 28 refused by the Board in this case since plaintiffs can provide no None of the grounds set out in S 1803(t) to permit removal -3- 76TS16T - PS 11-84 1 basis under S IB03(t) to receive it. Defendants have provided no 2 theory by which the Court can avoid this conclusion. 3 The requirements of S IB03(t) are thus in direct opposition 4 to the Ellis Act, and there is no way to read the ordinance as 5 consistent with the Ellis Act on this point. A Removal Permit 6 could not be given under S IB03(t} to a landlord who has gone out 7 of the rental business for any reasons other than those narrow 8 reasons expressly set out in the section. Under S 1803 (t) , 9 landlords, such as plaintiffs, cannot remove their property from 10 the resident~al rental market in order simply to go out of that 11 business, absent a showing of uninhabitabili ty I lack of fair 12 return, etc. The plain effect of this Charter provision is to 13 compel the landlord to remain in the rental business at that- 14 particular location since it allows no mean~. e'o permit the 15 landlord to Just simply go out of that business. By contrast, 16 the Ellis Act contains no such limitations. The Court must 17 refuse to require a Removal Perm~t under S 1803(t}. 18 Under these circUJ1lstances defendants argue that this 19 provis~on is like any other city land use law, which mandates the 20 means for use of residential rental property as of the date the 21 Charter was enacted. This is not what S 1803(t} says, and, 22 indeed, nothing in the Charter so provides. 23 This, however, does not necessarily preclude the use of 24 other city ordinances to limit the use of plaintiffst property. 25 .Program 10. of the City Housing Element was enacted by the City 26 of Santa Monica and is not a part of the Charter Amendment 27 creating the Rent Control Board. The purpose of .program 10. is 28 to ensure that the City's housing stock is maintained. To -4- 76TS16T - PS J2.84 1 accomplish this end, .program 10. prohibits demolition of 2 existing multi-family dwelling units. To ensure a one-for-one 3 replacement ~o maintain the City's housing stock, demolition of 4 existing units is not permitted absent approval of a .plan for 5 replacement of those units.- 6 Plaintiffs challenge .program 10. as another city ordinance 7 that is invalid under the Ellis Act. It is not at all clear that 8 this ordinance is invalid under Ellis because it may be possible 9 for -Program 10. to be applied by the City without compelling 10 plaintiffs to engage in the residential rental business. The 11 Ellis Act does not confer rights to use property in a particular 12 way, nor does it abrogate the City's police powers or land use 13 laws. As noted by defendants, plaintiffs can choose to leave 14 their property unused, or pay a sum to a fun4-to erect housing 15 elsewhere, neither alternative requiring them to rema~n in the 16 rental housing business. 17 The Court has concluded that the plaintiffs have not 18 exhausted their adm~nistrative remedies in regard to 19 .program 10,. and it 1S, therefore, premature to address th1s 20 ~ssue in the absence of a replacement plan, an app11cat1on by 21 plaintiffs, or some action by defendants to apply the program to 22 plaintiffs' property. Plaintiffs also request that the Court order the City issue 23 24 a Demolition Permit since no basis exists not to do so. This 25 request is excessive since valid reasons under city law may exist 26 to deny it or place limitations on it, including, without limitation, -Program 10.- 27 28 III -5- 76TS76T- PS 12-14 l..or1Teo....".Y...~ lb; l!:IlH ~~uuw.1 \If' uunvDltA" \.V\mU 0" La): -~E5 - , - . HONORABLE Il\VID M. ~ JUDGE I P. PAPPAS . Deputy Oerit ! J. Qu.',nJ Deputy Sheriff R:NE. Reporter "." Cour1 A."endont . {PartIeS and counsel chedted If pres.entl wa: 114572 F~ JAVID1AD, E1' AL., VB. Counsel for G::RIXN P GlTJ.'Lf.N Plaintiff (No Appearance) CJ.'l't OF SANtA M:lUCA, EOC., EI' 1\L. , Counselfor ROBERT M. MYERS, City Attorney Defendant (No Appearance) JOEL M. LEVY, General Counsel (No Appearance) LAWRENCE & HARDING (No Appearance) PLAINTIFFS' ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION/PEREMPTORY WRIT NATURE OF PROCEEDINGS In this matter, heretofore taken under submission as of August 19, 1987, the Court renders its decision as follows: The Court makes its order in accordance w1th the DECISION RE PRELIMINARY INJUNCTION AND PEREMPTORY WRIT OF MANDATE signed by the Court and filed herein on September 15, 1987. Copy of this minute order together with copy of the DECISION RE PRELIMINARY INJUNCTION AND PEREMPTORY WRIT OF MANDATE is/are sent to counsel for the respective parties by U. s. Mail this date. . ~ t j <# . 1 i 1 J MINUTES ENTERED 9../&-lr COUNTY ClER.K OEl'T We-~ 1UI4I1402,.. N3I N:I MINUTE ORDER ~