O2048 (2)
CA:ATTY\MUNI\LAWS\CES\Ellis Law2d.doc
City Council Meeting 7-9-02 Santa Monica, California
ORDINANCE NUMBER.2.OlL8. (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.32.130 OF THE SANTA MONICA MUNICIPAL CODE TO
ELIMINATE THE FAMILY MEMBER OCCUPANCY RESTRICTION
GOVERNING ELLlSED UNITS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1 Santa Monica Municipal Code Section 4.32.130 is hereby amended
to read as follows:
Section 4.32.130 Permits necessary for occupancy of property
following withdrawal pursuant to the Ellis Act.
(a) No property or rental units therein which have been withdrawn
pursuant to the Ellis Act, Government Code Sections 7060 et seq., shall be
subsequently occupied unless an occupancy permit is obtained in accordance
with the provisions of this Section.
(b) An occupancy permit for commercial occupancy of a property or
any rental unit therein shall be granted by the Planning Director if the following
findings are made:
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(1 ) The occupancy is in conformity with the General Plan
(2) The occupancy is in conformity with the Comprehensive
Land Use and Zoning Ordinance.
(c) An occupancy permit for residential occupancy
of a property or any rental unit therein may be granted:
(1) By the Planning Director, if the Planning Director finds that no
more than one unit on the property will be occupied by owners of the
property. In such situation, other units on the property may be occupied,
provided such occupants do not have any ownership interest in the
property and do not pay rent as defined in Section 1801 (f) of the City
Charter.
(2) By the Planning Director, if the Planning Director finds that
the property or rental unit therein is to be used for multifamily rental
housing, and the Rent Control Board has certified that the owner has
complied with the requirements set forth in Government Code Sections
7060.2 and 7060.4 and with applicable regulations promulgated by the
Rent Control Board.
(3) If the property is to be used as a cooperative
apartment as defined in Section 9.20.02.050, a subdivision
or parcel map is obtained in accordance with Chapter 9.20 of
Article 9 of this Code, and a conditional use permit is
obtained in accordance with the requirements of Section
9.04.16.02.010, except that subsections (a), (b), (e), (h), and
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(i)(2) shall not apply, and except that the requirements
regarding a Tenants' Notice of Intent to Convert and Tenant
Relocation Assistance Plan contained in subsection (c) shall
not apply.
The Planning Director shall make a written report to the
Planning Commission and the City Council within five (5) days of
approving or conditionally approving an occupancy permit pursuant to this
Section. Any decision of the Planning Director approving, conditionally
approving, or denying an occupancy permit may be appealed to the
Planning Commission in accordance with the provisions in Part 9.04.20.24
of Article 9 of this Code. Any decision of the Planning Commission may be
further appealed to the City Council in accordance with the same
provisions.
This Section shall not apply to occupancy of any portion of a
property withdrawn pursuant to the Ellis Act following lawful demolition of
that portion of the property, nor shall it apply to an entire property
withdrawn pursuant to the Ellis Act following lawful demolition of the entire
property.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 3. 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 competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this 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 invalid or unconstitutional.
SECTION 4. 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. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 9th day of July, 2002.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2048 (CCS) had it's introduction on June 25, 2002, and was
adopted at the Santa Monica City Council meeting on July 9,2002, by the following
vote:
Ayes: Council members: O'Connor, Bloom, Genser, Mayor Pro Tem
McKeown
Noes: Council members: None
Abstain Council members: None
Absent: Council members: Holbrook, Katz
ATTEST:
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Maria M. Stewart, Ci