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ORDINANCE NO..
1100(CC5)
..
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
- OF THE CITY OF SAN'1A l-JONICA AMENDING
SECTIONS 9102, 9122A, 91220, 9123A(5)
AND 9123C OF ~HE SANTA MONICA M~ICIPAL
CODE AND ADDING THERETO SECTIONS
~123E AND 9l23F REGARDING CO-OPERATIVE
APARTMENTS.
The City Council OI the City of Santa Monlca does
hereby ordain as follows:
SECTION 1..
Sectlon 9102 of Chapter I, Article IX
of the Santa Monl.ca Municipal Code, entitled "Definitions
and Standards," is hereby amended by adding the follow~ng
definitions:
"CO-OPERATIVE APARTMENT is an l.mproved
real property owned or leased by a
co-operatl.ve housing corporation or
by any other corporation, partnersh~p,
trust, or assoc~atl.on if all or sub-
stantl.ally all of the shareholders of
such corporation, or partners of
such partnershlp, or beneficiarles of
such trust, or members of such associat~on,
receive a rl.ght of exclusive occupancy ~n
a portl.on of the apartment house or
apartment hotel, which right of
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occupancy is transferable only con-
currently w1th the transfer of the
stock, partnershlp lnterest, benef1c1al
1nterest, or membership held by
the person hav1~g 5u~h right of
occu~ncy # /~'or all purposes. of the
Santa ~nJ-ca Mun~i~~,Co~e, a co-
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operative apartment will be .'subject
to the same restrictions, conditions,
and taxes as condominiums and commun1ty
apartments.
CO-OPERATIVE APARTMENT CONVERSION
is the development or use of land and
attached structures as a co-operat1ve
apartment proJect, regardless of
present or prior use of such land
and structures, and regardless of
whether substantial improvements
have been made to such structures.
CO-OPERATIVE APARTMENT PROJECT 1.5 the
entlre parcel of real property, includl.ng
all structures thereon, on which a
co-operative apartment is to be
constructed or an existing improved
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real property is to be-c;onverted to a
co-operative apartment."
SECTION 2.
Sect~on 9l22A of Chapter I of Art~cle IX
of the Santa Monica Munic~pal Code is. hereby amended to ~ead
as follows:
"Section 9l22A. INTENT. The Cl.ty ,.
Counol1 finds and determines that
condominl.ums, community apartments,
and co-operative apar~ents ~iffer
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from apartmen~s_in n~merous respects
and~ for the benefit of publlC health,
safetYr and welfare, such projects
should be treated differently from
apartments. The Cl ty Council therefor
states its express l.ntent to treat
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such proJects dlfferently from
apartments and like structure~ and to
adopt development standards for the
protectlon of the community and the
purchasers of condominiums, community
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apartments, and lessors of co-openative
apartments."
SECTION 3.
Section 91220 of Chapter I, Art~cle IX
of the Santa Monl.ca Munl.cipal Cone is hereby amended to read
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as follows:
RSection 91220. COMMUNITY
APARTMENTS AND CO-OPERATIVE APARTMENTS.
Community apartments and co-operative
apartments shall be subject to the
same restr~ctlons, cond~tions,
requirements and taxes as condomin~ums.
All reference to a "condominium" in
Sections 9l22B through 9l23D shall
be deemed to refer to a condominium,
community apartment, and co-operative
apartment. ..
SECTION 4.
Sectlon 9l23A(5) of the Santa Monica
Munlcipal Code is hereby amended to read as follows:
"5. A copy of Condltions, Covenants,
and Restrictions or other Condomlnium
Agreement for the project setting
forth the occupancy and management
policies far the proJect. with regard
to co-operatlve apartments, this
submission shall consist of a summary
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of proposed manaqementr occupancy and
maintenance POllCies on forms approved
by the City Attorney."
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SEC~I~ 5. S~ction 9123E is hereby added to the
Santa Monlca Municipal Cod€ to read as follows:
SECTION 6~
IlSection 9123E. CO-OPERATIVE APARTMENT
CONVERSIONS. -Other sections notwithstanding,
no co-operatlve apartment conversion
shall be approved by the Pla~n~ng
,
Commission unless the conditions herein
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set forth in Seet~on 9123C, exclusive of
subsect~ons 1.th~ough LO, have-'Neeh~~.
complied with. To the extent said
conditions refer to proposed covenants,
Cedes and RestrictiQns for the development,
submiss~ons and review by the Plannlng
Commission shall be restricted to the
summary of management, maintenance and
occupancy policles identified in Seetlon
9l23A, herein. n
A new Seetlon 9123F 1S hereby added
to the Santa Mon1ca Municlpal Code to read as follows:
IlSectlon 9123F. CO-oPERATIVE APARTMENT
CONVERSIONS, TENANT NOTIFICATION. Other
sections notwithstanding: no co-operative
apartment conversion shall be approved by
the Planning CommlSSlon unless the applicant
shall -have executed a~ritten certification
that the tenants' of the proposed co-operative
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apartment eonverS1ons ~11 be given the same
no~ice and right of first refusal app11cab1e
to condom1nlums pursuant to Beetlon 66427.1
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of the Government Code of the State of
Californ1a. If
SECTION 7. Sect10n 9l23C of Chapter I of Artlcle
IX of the Santa Monica Munlc1pal Code 15 amended to read as
follows:
"Section 9l23C CONDOf.lINIUM CONVERSIONS.
Other sectlons notwithstanding, no
condominium conversion shall be approved
unless:
1. A Notlce of Intent To Convert shall
have been f1led with the City Planning
Department prlor to the date of fillng of
the Tentatlve Tract Map, such notlce to
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include a Comprehensive Building Condltlon
Report prepared by a Building Inspectlon
Service or simllar agency acceptable to the
BUlldlng Offlcer and Flre Marshal containing
such lnformation as is set forth on forms
to be provlded by the.Director of Plannlng;
present rent schedule , lncludlng type and
length of tenancy; a list1ng of the proposed
improvements to be carrled and an estimated
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tlme schedule therefor; the est~mated
price range of the converted units; and,
a copy of the proposed CC & Rls for the
completed project.
2. The Clty Planning Department with1n
sixty (60) days after the f~ling of a
Notlce of Intent To Convert shall have
prepared and dellvered to the applicant
and City Plannlng Comm1ssion, a Convers1on
Report, includ1ng type and length of tenancy;
a staff recommendation for approval or
denial, a llsting of condit~ons
or requlrements recommended as a bas1s for
approval or denial; and, support1ve reasons
or justlf1catlon for such recommendat1on.
However, in 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.
3. The electrical, f1re and life
safety systems of the structure, either are,
or are proposed to be, in a condltion of
good repair and ma~ntenance, includlng such
alterations for repairs as are requlred
by the BU1ldlng Officer.
4. The structure presently has, or
1S intended to have, plumblng in sound
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condition, ind~vidual gas and electrical
meters, except ln such cases where ind1vidual
meter1ng 1S clearly inadvisable or 1mpractical,
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adequate and protected trash areas, and such
other requ1rements as may be imposed as a
condit1on of approval.
5. The present tenants of the bU11d1ng
have been given notlce that possible conversion
is under consideration at least th1rty (30)
days prior to the Public Hearing thereon. The
appl1cants shall certlfy that such notice
has been given~
Tenants who qualify or
would qual1fy at the time of such Notlce
under the criter1a established for occupancy
by the proposed CC & Rrs shall have the
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rigpt of first refusal for a per10d of Slxty
(60) days pr10r to the time the unit in WhlCh
they reside is offered to the general publlC
for sale and stiCh tenants shall have the
rlght to purchase such a un1t prior to lts
offer to the general public thereby.
6. The requlrements of Sectlon 9123A
shall have been fulfilled.
7. The CC & R's include agreement by
the developer that the follow1ng shall be
guaranteed by the developer for a perlod
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of one (1) year from the date of the close
of escrow of each respective unit: common
area items ~ncluding, but not lim~ted to
the roof, plumbing, heating, a~r condit~on~ng,
electrical and other common area items.
8. The Cc & R's provide that the
non-developer owners have the r~ght to select
or change the management group or the home-
owners aSSOClatlon ninety (90) days after
the sale of fifty-one (51%) percent of the
uni ts .
9~ The developer makes an e$t~mate
of and guarantees the estimated malntenance
of costs for a period beglnning at the first
sale to and ~ncludlng twelve (12) months
thereafter unleSs the owners assoc~ation
assumes act~ve management of the proJect,
and the developer shall, in connection with
such guarantee, be responslDle for all normal
maintenance costs ln excess of the estimated
ma~ntenance costs during the above described
t~me perlod.
10. That the developer agrees not
to change CC & R's submitted to obtaln
approval of a conversion without the consent
of the Planning Commlssion.
For the purposes of thlS section, the
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Ibllowlng exclus~Ve~?~tegorles are
establlshed and the criteria for evaluatlng
the SUltability of structures for conversion
to condom~n~ums shall be as follows:
Category I: SUITABLE,BUILDINGS. All
buildings WhlCh provide two parking spaces
for each un~t, which spaces shall not exceed
th1rty-three and one-third (33-1/3%) percent
tandem park1ng, are suitable for conversion.
ConverSl0n will normally be approved unless
some unusual, demonstrable condition exists
which would warrant denial.
Category II: GENEAALLY SUITABLE
BUILDINGS. Build1ngs g~neral1y~su~table
for conversion are those structure~ .which meet
the following conditipns:
1. Parking 15 proYlded at the rate of
not less than one and one-half (1-1/2) spaces
per dwelling un~t, which spaces shall not
exceed thirty-three and one-third (33:1/3%)
percent tandem park1ng.
2. The building ~s more than three (3)
years old on the date of convers~on approval.
Conversion will generally be approved
upon the condition of meeting agreed upon rnlnor
modif~cations and lmprovements unless same
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unusual, demonstrable conditlon exists
WhlCh would warrant denlal.
Those buildings WhlCh do not meet the
criteria of elther Category I OR Category II
herein set forth above shall be deemed to be
not suitable for conversion to condomlniums.
Nothing in this section shall preclude
the Plannlng Commission or City Councll,
upon appeal or reVlew, from imposlng any
addltional conditlons or requirements believed
necessary to protect the economlC, ecological,
cultural or aesthetic qualltles of the
cornmunlty, or the publlC health, safety and
general welfare."
SECTION 8.
Any provlslons of the Santa Monica
Municipal Code, or appendlces thereto inconsistent herewith,
to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to
effect ~he provlsions of thlS ordinance.
SECTION 9. If any sectlon, subsectlon, sentence,
clause or phrase of thlS ordinance 15 for any reason held
to be invalid or unconstitutlonal by a declS10n of any court
of competent Jurlsdlction, such declsion shall not affect
the validlty of the remaining portlons of the ordinance.
The City Councl1 hereby declares that it would have passed
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this ordinance and eacn and every section, subsectlon, sentence,
clause or phrase not declared lnvalid or unconstitutlonal
wlthout regard to whether any portlon of the ordinance would
be subsequently declared invalld or unconstitut1onal.
SECTION 10.
The Mayor shall sign and the City
Clerk shall attest to the passage of this ordinance. The
C1ty Clerk shall cause the same to be published once 1n
the official newspaper withln fifteen (15) days after its
adoption. The ordinance shall become effectlve after thlrty
(30) days from its adoption.
ADOPTED and APPROVED this 22nd day of Ausu~t
1978.
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MAYOR
ATTEST:
/} \Ad~~
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~::;~T. CITY CLERR-
STATE ~.CALIFORNIA
COUNTY> OF LOS ANGELES
. CITY OF SANTA MONICA
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I do hereby certify that the foregoing ordinance
was duly and regularly introduced at a meetlng of the Clty
Councl1 on the 8th' day of Au~ust
, 1978: that thereafter
the said ordlnance was duly adopted at a meeting of the
City Counell on the 2Znd day of Au~ust
.' 1978; by
the following vote of the Councll:
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NOES:
ABSENT:
AS TO FO~:/
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CJlfY ATTOKN!rr 'iI -.
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Councl.lntember:
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Councilmember:
Bambrick, Cohen, Reed,
Scott, Trives,
van den Steenhoven,
SW1nk
None
Councilmember: None -
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ASST. CITY CLERK
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