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R-5572 ~ . 7-~ ~ . . ~ . ~ 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 r . . . 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 ~ ~ Control Board. If the Rent Control Administrator certifies that the necessary approvals have not been obtalned, the Building -2- . . . 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~ ~, ,~.L-.. ~CHARll t.. K!'flCKEHBOCKER ~ City Attorney -3- .t.?',,,.....i ~ - . . ADOPTED AND APPROVED THIS 29th DAY OF April I 19Qa. /~l,lJ~ 0: ,I i1AyM L/ 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: