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SR-04-22-1980-9ACA RLI::SSS:dd Council D4eeting 04-22-80 Santa .Monica, California ~~ ~ ~ 19~p STAFF REPORT T0: Mayor and City Council FROM: City Attorney SUBJECT: Resolution clarifying policy on condominium conversion projects. INTRODUCTION This report transmits a resolution clarifying the Council's policy on approvals of subdivision maps and condominium conversion permits for condominium conversion projects. The Council requested that this resolution be prepared at its April 8, 1980, meeting. ANALYSIS The attached resolution is intended to be a formal declaration of the Council's policy regarding approval of condominium conversion projects. This policy has been modified several times in recent months in light of court decisions concerning the Council's powers and duties under the Subdivision P4ap Act and its local police powers. Section 1 of the resolution reiterates the Council's functions in considering for approval or disapproval final subdivision maps after the Planning Commission has approved a tentative map and the Toning Administrator has certified that the conditions of tentative map approval have been met. Section 2 of the resolution states that if the Council approves a final map, it shall direct the Buildinc Officer to issue a condominium conversion permit for the project. This permit shall issue if and only if three separate conditions are met: °~'~x~3 a9 t9 Sfl of+ (a) Certification by the Zoning Administrator that the Planning Commission has determined that the existing structure conforms to all applicable zoning regulations. This requirement includes the determination that the conditions attached to tentative map approval have been met. (b) Certification by the City Clerk that a condominium license has been issued. The license will issue if the developer pays the condominium tax or executes a lien agreement for such payment. (c) Certification by the Rent Control Administrator that appropriate Rent Control Board approvals have or have not been obtained. If Rent Board approval has been obtained, the Building Officer shall issue the permit unconditionally. If Rent Control Board approvals have not been obtained, then, pursuant to Municipal Code Section 4608, the condominium permit shall be issued subject to the condition precedent of Rent Board approval. :This means that units may not be sold nor may tenants be evicted for purposes of facilitating conversion until Rent Control Board approval for the removal of rental units has been obtained and therefore the conditions necessary to the effectiveness of the condominium conversion permit have been satisfied. Section 3 clarifies the policy that approval of a tentative subdivision map by the Planning Commission does not constitute final approval of a condominium conversion permit, and that a separate instrument issued by the Building Officer in accordance with the resolution is required. Section 4 requires City staff to notify the holders of all tentative subdivision maps for condominium conversion projects of the policy declared in the resolution and to advise -2- them of the procedures for obtaining condominium conversion permits. ALTERNATIVES The Council may adopt, reject, or modify the attached resolution. RECGMMENDATIDN It is respectfully recomended that the Council adopt the attached resolution. Prepared by: Stephen S. Stark -3-