SR-090980-8A~SEP 9 7§;~
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Council Meeting 9/9/30 Santa Monica, California
STAFF REPORT
TO: i4ayor and City Council
FROM: City Attorney
SUBJECT: Proposed Ordinance Relating to Reports of
Residential Building Records
INTRODUCTION
This report transmits for first reading a proposed
ordinance requiring as part of a report of residential building
records pertinent information with respect to the building's
status under the Santa Monica Rent Control Law. The Council
directed the City Attorney to prepare the proposed ordinance
at its March 26, 1980 meeting, continued from its March 25,
1980 meeting, Item 13-D.
BACKGROUND
Sections 9201 through 9205 of the Santa P-Mnica Municipal
Code require that, prior to sale or exchange, a report of
residential building records pertaining to the subject property's
authorized use, occupancy, and zoning classification be furnished
to a buyer of a residential building. Presently, the report
does not provide any information relating to the status of the
building or any of its units under the provisions of the Santa
Monica Rent Control Law, Article XVIII of the City Charter..
fi~p s 19813
The proposed ordinance amends Sections 9203 and 9204
to include in the report information from rent control records
relating to the number of units, the registration status, the
exemption status, any application for, approval of, or: denial of
a removal permit, or a vested right claim for the subject
property, and any litigation affecting the character of the property.
The processing fee is increased from $10 to $15 to cover
the added cost for the Rent Control Administration to revieva
its records and transmit the information to the Director of
Planning.
A form for use by the Rent Control Administrator is in
preparation, as is a revision of the report form used by the
Director of Planning, in order to incorporate the rent control
data. It should be noted that the rent control data may disclose
a greater number of units than the Planning Department
establishes for the subject property. This issue will be re-
solved at some time in the future, but that resolution is not
necessary for passage of this ordinance.
ALTERNATIVES
The proposed ordinance requires inclusion of certain rent
control information in the report of residential building records
prior to the sale or exchange of all residential buildings,
including multiple dwellings, buildings that have
been converted to condominiums, and individual units that have
been converted to condominiums. The Council may accept, reject,
or amend the proposed ordinance.
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RECOMMENDATION
It is respectfully recommended tl-Le City Council introduce
this ordinance amending the required contents of reports of
residential building records to include certain information
with respect to the building's status under the Santa Monica
kent Control Law.
Prepared by: Stephen Shane Stark, Acting City Attorney
Bettylou Borovay, Deputy City Attorney
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Council BZeeting 8/12/80 Santa A4onica, California
Ordinance No.
(City Council Series)
AN ORDINANCE OI' THE CITY COUNCIL OF
THE CITY OF SANTA P1ONICE AMENDING
CHAPmER 2 , ARTICLE IX OF TT3E SATQTA
MOTSICA MUNICIPAL CODE RELATING TO
REPORTS OF RESIDENTIAL BUILDING
RECORDS
WHEREAS, the current code regulations require that, prior
to sale or exchange of a residential building, a report of the
residential building record showing use, occupancy., and zoning
classification of such property be obtained and delivered by
the owner to the buyer; and
WHEREAS, the purposes of this report are to inform the
grantee of a residential building of matters of City record and
to alert the unwary buyer to possible restrictions on the use
of property; and
WHEREAS, the possible uses of a residential building may
be restricted by the provisions of the Rent Control Law, Article
XVIII of the City Charter; and
TvHEREAS, the proposed amendments would notify a prospective.
buyer of the status of a residential building by including
within the required report such information as the number of
rental units that are controlled, the registration status of the
building, and whether the owner of such property has sought,
received, or been denied a removal permit, vested right, or
exemption from the Rent Control Board and, where applicable,
a condominium conversion or conditional use permit from the
City; and
WHEREAS, the proposed amendments are in the public interest,
convenience, and general welfare, and should be adopted
THE CITY COUNCIL OF TFiE CITY OF SANTA MONICA DOES ORDAIN:
SECTION 1. Section 9203 of the Santa Monica Municipal
Code is hereby amended to read as follows:
Report Required. Prior to entering into an "agreement of
sale" or exchange of any residential building, including
any building or portion thereof in which rental units
have been converted to condominiums, or transferring
any interest therein, the owner or his or her authorized
representative shall obtain from the City a report of
the residential building record showing the regularly
authorized use, occupancy, zoning classification of such
property, and status of the unit or units under the
provisions of the Santa Monica Rent Control Law, Article
XVIII of the .Santa Monica City Charter. The Rent Control
Board shall determine, for purposes of this report, the
number of rental units situated on such property, whether
those units are properly registered, whether the. units are
exempt from provisions of the Rent Control Law, whether the
owner of those units has sought, received, or been denied a
removal permit or vested right claim for any or all of the
units, and the status of any litigation affecting the char-
acter of the property. Said report shall be valid for a
period not to exceed six (6) months from date of issue.
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SECTION 2. Section 9204 of the Santa Monica Municipal
Code is hereby amended to read as follows:
Application. Upon application of the owner or his or her
authorized agent and the payment to the City of a fee of
Fifteen and No Cents Dollars ($15.00), the Administrator
of Rent Control shall review rent control records and
transmit the relevant information to the Director of
Planning. The Director shall review pertinent City
records and deliver to the applicant a report of residen-
tial building records which shall contain the following
information insofar as it is available:
a. The street address and legal description of subject
property;
b. The zone classification and authorized use as set
forth in this code;
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 restrictions in use or development which
may apply to the subject property; and
f. The character of the subject property as determined
by the Rent Control Board, including the number of
units, the registration status, the exemption status,
any application for, approval' of, or denial of a removal
permit or vested right, and the status of any litigation
affecting the charaater of the property.
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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 repealed 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 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 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
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared in-
valid or unconstitutional.
SECTIOTd 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 15 days after its adoption. The ordinance shall become
effective after 30 days from its adoption.
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