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O1042 .' CA RLK': __ :'cam 7-21-76 e 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 -1- ~ CA RL~:~';cam 7-21-76 . 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_ -2- .' CA RL~:~'cam 7-21-76 . 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: -3- . . . CA RL~:~cam 7-21-76 . 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. -4- CA RLK~~:cam 7-21-76 e 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 -5- . . CA RLK:s_'cam 7-21-76 e 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 -6- CA RLK..:s4t:'cam 7-21-76 e 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~ Ilk~tJ . APPROVED AS TO FORM: City Attorney -7-