sr-072479-11bTo•
From:
Subject
{_
PSayor and City Council
CITY- .~~;~FF
Construction Permit Requirements, Tract No. 35202
at 844 7th Oozners: Mr. & Mrs. Pascoe
Background
lg
Jll1241979
Per planning staff report .June 26, 1979 tenative tract approved
Aug_ 7, 2978 with conditions, one of which was to reduce unit count from
ten to nine by combining two units. The minor .physical work involved in
combining units consists of installing several door size openings in
interior walls, combining the electric service panels and capping abandoned.
plumbing lines. A building permit was issued post facto to Mr. Pascoe
June 11, 1979 and rescinded by formal Letter June Z2, 1979 after learning
that Mr. Pascoe had been advised by 'city staff June lI, 1979 that a formal
exemption ruling from the rent control authority was required to reduce the
unit count at that time. This was confirmed at a subsequent staff and
attorneys conference with owners where it became evident that regardless of
technical issues, the actual physical work of combining units was performed
subsequent to adoption of the rent initiative in April. and therefore.
potentially subject to Rent Board authority. Staff certainly has ro comment
or response for owners delay in proceeding with this condition of the
conversion project.
Discussion-
The minor alteration work involved is governed by 52~IC 8141 "Administrative
Provisions" Sec. 301 a, h, i (excerpted copy attached}. These sections
basically prohibit specified work without permits and inspection; provide
for revocation of permits issued on incorrect information or in violation of
law;-and authorize Building & Safety to assess special fees for starting
work c•7ithout permits which usually compounds inspection procedures.
Outstanding items on this project as of July 23,.1979 are the electrical
permit and the "revoked" building permit for which the $I4 fee was retendered
to the city 3une 26, 1979. Per Council request the defacto work was
inspected July 12,.1979 and ocmers and their counsel notified of corrections
in crriting July 13, 1979. The work done will be corrected technically to
comply with safety standards, and reported on July 24, 1979. Building &
Safety .has no comment on the legal aspects of the case.
/ /
-Santa. Monica July Z3, 1979
r
JUL 2 4 1579
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Information
mayor & City Council
RE: 844 7tb Mr. & Mrs. Pascoe
page 2
Recommendations:
I. Building and electrical permits be issued to owners for
work done with triple fee assessment on outstanding per-
mits totaling $77. All work corrected to comply with
safety standards.
2. Final Approval of Tract No. 35202 be postponed pending
appropriate resolution of legal conflict re: effect of
Charter City Rent Control Initiative on State Law process re:
conversion project involving unit reduction.
Attachment:- SMCC "Administrative Provisions" excerpt photocopy
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