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-