R-5572
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RESOLUTION NO. 5572
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
CLARIFYING POLICY ON CONDOMINIUM
CONVERSION PROJECTS.
WHEREAS I the City Councll of the City of Santa
Monica is empowered and requlred to conslder approval or
dlsapproval of final subdivision maps for condominlum proJects,
pursuant to the Subdivision Map Act; and
WHEREAS, the City has chosen to exercise its
pollce powers to regulate the use of land-for housinq
purposes, and, in particular, to treat condominiUM and simllar
prOJects differently from apartments, ln addition to and dlstinct
from its authority under the Subdivlsion Map Act; and
~HEREAS, Section 9l22C of the Municlpal Code
requires the owner or developer of a condoffilnium project to
secure a condominium permit or a condominium conversion permlt
from the Building Officer before commencing actual development
of the project; and
l~EREAS, Section 4608 of the Santa Monlca Munlclpal
Code requires that no Clty permit for projects contalning
controlled rental units be lssued unless such permlts are
conditioned upon approval of the Santa Monica Rent Control
Board; and
WHEREAS, It is the policy of the Cltv Council to
d~scharge its responsibllity under the Subdivision Map Act and
its local police powers over condomlnium proJects and to assist
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the Santa Monica Rent Control Board in enforcing the provisions
of the Santa M9nica Rent Control Law, pursuant to the City's
pol~ce powers~
THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY
RESOLVES AS FOLLor'IS:
SECTION 1. After tentative map approval by the Planning
Commission and certif~cation by the Zoning Administrator that
the conditions of tentatlve map approvaLEnd _any extensions thereof have
been met, the Council shall consider final subdivision maps for condominlUm
conversion projects, and shall approve or d~sapprove them
In accordance with the Subdiv~slon Map Act, Government Code
Section 66410 et. seq., and the City's Condominium and Subdivision
Ordlnances, Municipal Code Sections 9100 et. seg.; 9300 et. seq..
SECTION 2. If a flnal ~ap for a project is approved,
the Council shall direct the Building Officer to issue a
condominium conversion permlt for the project if the following
conditions are met:
(a) certlfication by the Zoning Administrator
that the Planning Commission has determined that the eXlstinq
structure conforms to all applicable zoninq regulations:
(b) certification by the City Clerk that a condominium
license has been issued based upon the payment of the prescribed
condominium tax or execution of a tax lien therefor:
(c) certification by the Rent Control Administrator
that a removal permit, vested rights deterMination, or certificate
of exemption, as aopropriate, has been approved by the Rent
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Control Board. If the Rent Control Administrator certifies
that the necessary approvals have not been obtalned, the Building
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Officer shall issue a condomlnium converSlon permit for
the project subject to the express condition precedent that
all necessary Rent Control Board approvals be obtained before
the sale of any units or the attempted eVlction of any tenants
in order to facilitate conversion.
SECTION 3. Approval of a tentatlve subdivision man
by the Planning Commission shall not be deemed to constitute
approval of a condominlurn converSlon permlt. Such approval
shall only constitute findings that the eXlsting structure
conforms to applicable zonlnq regulations. A separate
condominium conversion permit, lssued by the Builrlinq Offlcer,
is specifically required for all condominium conversion projects
in the Clty.
SECTION 4. The City Manager, and, through him, the
Building Officer, shall notify the holders of all outstanding
tentative subdivlsion maps involving condominlum conversion
projects of the policy declared hereln, an~ shall advise them
of the procedures for obtalninq condominium converSlon per~its.
SECTION 5. The City Clerk shall certify to the
adoption of this resolution, and thenceforth and thereafter
the same shall be in full force and effect~
i ED A 1~~O~
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~CHARll t.. K!'flCKEHBOCKER ~
City Attorney
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ADOPTED AND APPROVED THIS
29th
DAY
OF April
I 19Qa.
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0: ,I i1AyM
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I HEREBY CERTIFY THAT THE FOREGOING RESOLUTIONJ
No. 5572 ~ WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON
April 29 I 19~~ BY THE FOLLOWING COUNCIL VOTE:
AYES: COUNCIlMEMBERS: Reed, Scott, van den Steenhoven,
Bambrlck
NOES: COUNCILMEMBERS: Yannatta Goldway, Jennings, Rhoden
ABSENT: COUNCIlMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: ~one
ATTEST: