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ORDINANCE NO.
l042(CCS)
(City Counc~l Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9l23C AND 91230
OF THE SANTA MONICA MUNICIPAL CODE
PERTAINING TO CONDOMINIUM CONVERSIONS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sect~on 9123C ~s hereby amended to read
as follows:
Sect10n 9l23C. Condom~nlum ConverSlons. Other sectlons
notWlthstanding, no tentative tract map involving a condomln~um
conversion shall be approved unless:
1. A Notice Of Intent To Convert shall have been
f~led with the C~ty Planning Department pr~or to the date of
fll~ng of the Tentatlve Tract Map, such notice to ~nclude a
Comprehens~ve Bu~ld~ng Condition Report prepared by a Bu~ldlng
Inspect~on Service or sim~lar agency acceptable to the Building
Off~cer and F~re Marshal containlng such information as is set
forth on forms to be provided by the Dlrector of Planning;
present rent scheduled, includ~ng type and length of tenancy;
a l~st~ng of the proposed improvements to be carr~ed and an
est~mated tlme schedule therefore; the estimated pr~ce range
of the converted units; and, a copy of the proposed CC & R's
for the completed proJect,
2. The Clty Planning Department withln Slxty (60)
days after the f~l~ng of a Notlce Of Intent To Convert shall
have prepared and delivered to the applicant and City Plann~ng
Commlss~on, a Convers~on Report, ~nclud~nq a staff recornmendatlon
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for approval or denial. However, ~n no event shall such
recommendation for approval or denial be based upon either
present rent schedules or the estlmated price range of the
converted units, includlng type and length of tenancy; a
I1sting of cond~t~ons or requirements recommended as a
basls for approval or denial; and, supportlve reasons
or justificatlon for such recommendat~on.
3. The electrical, fire and l~fe safety systems
of the structure, elther are, or are proposed to be, in a
condltlon of good repalr and ma~ntenance, including such
alteratlons for repalrs as are required by the Buildlng
Officer.
4. The structure presently has, or is intended
to have, plumbing and sound conditlon, lndlv~dual gas and
electrlcal meters, except in such cases where individual
metering is clearly inadvlsable or lmpractical, adequate and
protected trash areas, and such other requlrements as may be
1mposed as a condition of approval.
5. The present tenants of the building have been
given notlce that poss1ble conversion is under conS1deration
at least (30) days to the Publ1C Hear~ng thereon. The
applicants shall certify that such notice has been given.
Tenants who qualify or would qualify at the tlme of such
Not1ce under the criteria establlshed for occupancy by
the proposed CC & R's shall have the ,right of first refusal
for a period of thirty (30) days prior to the time the un1t
in which they res~de lS offered to the general publlC for
sale and such tenants shall have the right to purchase such
a unit prior to ltS offer to the general public thereby_
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6. The requ~rements of section 9l23A shall have
been fulf~lled.
7. All special taxes or assessments in connect2on
w~th condom~nium conversions shall have e~ther been paid or
satisfactory arrangements for payment completed.
8. The CC & R's lnclude agreement by the developer
that the following shall be guaranteed by the developer for a
period of one (1) year from the date of the close of escrow of
each respectlve un~t: common area items includ~ng, but not
lim~ted to the roof, plumbing, heating, air conditioning,
electrlcal and other common area items.
9. This CC & R's provide that the non-developer
owners have the rlght to select or change the manaaement arouu
or the homeowners associat~on ninetv (90) davs after the sale
of fiftv-one (51%) uer cent of the units.
10. The developer makes an estlmate of and quarantees
the estimated maintenance costs for a perlod beqlnnlnq at the
first sale to and includlna twelve (12) months thereafter unless
the owners assoclat~on assumes active manaqement of the prolect,
and the developer shall. In connectlon with such guarantee, be
responsible for all normal malntenance costs in excess of the
estlmated maintenance costs durlng the above described time
period.
11. That the developer agrees not to change CC & Rls
submitted to obta~n approval of a conversion w~thout the consent
of the Plannlng CornmlSSlon.
For the pur~oses of thlS sectlon, the followlnq
exclusive cateqorles are established and the criteria for
evaluatlnq the suitabllity of structures for conversion to
condominiums shall be as follows:
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Category I - SUITABLE BUILDINGS.
All bu~ldings which provide two
park~ng spaces for each unit, wh~ch
spaces shall not exceed thlrty-three
and one-third (33-1/3%) per cent
tandem parking, are sU1table for
converS1on. Converslon w111
normally be approved unless some
unusual, demonstrable condltion
eXlsts WhlCh would warrant denlal.
Category II - GENERALLY SUITABLE
BUILDINGS. Buildlngs generally
sUltable for converSlon are those
structures which meet the followlng
condltions:
1. Parklng 1S provided at the rate
of not less than one and one-half
(1-1/2) spaces per dwelling unlt,
which spaces shall not exceed thirty-
three and one-third (33-1/3%) per cent
tandem parking.
2. The bUl1ding is more than three
(3) years old on the date of converSlon
approval.
Conversion will generally be
approved upon the condit~on of meet~ng
agreed upon m~nor modlfications and
improvements unless some unusual,
demonstrable condition exists WhlCh
would warrant denlal.
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Those buildings which do not meet the criteria of
either Category I or Category II here1n set forth above shall
be deemed to be not suitable for converS1on to condominiums.
Nothinq in this section shall preclude the Plann1ng
Comm1SS1on or City Councll, upon appeal or review, from
imposing any additional cond1tions or requirements believed
necessary to protect the economic, ecological, cultural or
aesthet1c qual~ties of the community, or the public health,
safety and general welfare.
SECTION 2. Section 9123D lS hereby amended to
read as follows:
Section 9123D. Condom1nium Conversions. Other
sect10ns notw1thstandlng, no f1nal tract map 1nvolv1ng a
condom1nium conversion shall be approved or determ1ned or
deemed to be in conformity w1th an approved tentative tract
map until all the conditions set forth ln sect10n 9123C and
all requlrements and conditions of approval of such tentative
tract map 1mposed by the Planning Commiss10n shall have been
and remain compIled w1th at the t1me for approval of such
final tract map.
SECTION 3. Any provis1ons of the Santa Mon1ca
Munic1pal Code, or append1ces thereto inconsistent herewlth,
to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to effect
the provisions of th1S ordinance.
SECTION 4. If any sect1on, subsection, sentence,
clause or phrase of th1S ordinance is for any reason held to
be lnvalld or unconst~tut1onal by a dec~slon of any court of
competent ]urisdict1on, such declslon shall not affect the
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validlty of the remalnlng portlons of the ordlnance. The
Clty Council hereby declares that lt would have passed thlS
ordinance and each and every sectlon, subsectlon, sentence,
clause or phrase not declared lnvalid or unconstitutional
without regard to whether any portion of the ordlnance would
be subsequently declared lnvalld or unconstltutlonal.
SECTION 5. The Mayor shall slgn and the City Clerk
shall attest to the passage of thlS ordinance. The City Clerk
shall cause the same to be publlshed once in the officlal news-
paper wlthln fifteen (15) days after lts adoptlon. The
ordinance shall become effective after thlrty (30) days from
lts adoptlon.
ADOPTED and APPROVED this 14th day of September I
1976.
~~~ ~._~
Nayor
ATTEST:
,~o 9~ji?f?
! Ci ty Clerk (j
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
SSe
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I do hereby cert~fy that the forego~ng ordinance was
duly and regularly ~ntroduced at a meeting of the City Council
on the 24th day of August
I 1976; that thereafter the sa~d
ordinance was duly adopted at a meet~ng of the City Council on
the 14th day of September, 1976, by the follow~ng vote of
the Counc~l:
AYES:
Counc~lmernber: Cohen, Judson, McCloskey,
Reed, Swink, van den
Steenhoven, Trives
NOES:
Councilmember: None
ABSENT:
Counc~lmember: None
t: /'O~
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APPROVED AS TO FORM:
City Attorney
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