Loading...
O1466 ~ e e CA:RMM:LL:ll472b/hpc city Council Meeting 1-24-89 Santa Monica, California ORDINANCE NUMBER 1466(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9304, 9311, 9312, AND 9346 RELATING TO SUBDIVISION REQUIREMENTS AND ADDING SECTION 4812a TO CLARIFY LOCAL LAND USE REQUIREMENTS APPLICABLE TO RENTAL UNITS WITHDRAWN FROM THE RENTAL HOUSING MARKET PURSUANT TO THE ELLIS ACT WHEREAS, the Subdivision Map Act, Government Code section 66410 et seq. and the Subdiv~s~on Ordinance of the City of Santa Monica, Santa Monica Municipal Code section 9300 et seq., serve to regulate and control the division of land within the city of Santa Monica; and WHEREAS, the provisions of state and local subdivision laws have as their purposes the protection of purchasers of property as well as the promotion of orderly growth, development, and land use; and WHEREAS, the attributes, uses, ownership structure, and occupancy of a residential building differ depending upon whether the building is tenant-occupied or owner-occupied; and WHEREAS, the conversion of residential rental buildings to owner-occupied residential buildings has historically required City approval: and WHEREAS, a property which has been utilized for residential rental housing that is being converted to owner-occupancy has - 1 - e e virtually identical attributes to those of a condominium conversion or sUbdivision for which state and local law require a sUbdivision or parcel map, a change of use permit, and a conditional use permit; and WHEREAS, several property owners have already evicted tenants from residential rental properties pursuant to the Ellis Act and subsequently occupied those properties without obtaining necessary permits from the city and it is likely that others will follow the same course; and WHEREAS, occupancy by multiple owners of residential buildings which were formerly operated as rental housing constitutes the creation of a community apartment or some other like interest which couples an ownership interest in property with the right to occupy such property; and WHEREAS, the creation of ownership interests and use patterns which resemble community apartments, cooperatives, or condominiums without obtaining city approvals circumvents the purpose of the state SUbdivision Map Act and of the city's Subdivision Ordinance; and WHEREAS, the regulations set forth in this Ordinance are necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote and implement the General Plan, to protect unwary purchasers of residential property, and to otherwise further the purposes of the state Subdivision Map Act and the city's Subdivision Ordinance and condominium regulations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: - 2 - e e , SECTION 1. section 9304 of the Santa Monica Municipal Code is amended to read as follows: SECTION 9304. Definitions. The following words or phrases as used in this Chapter shall have the following meanings: (a) Advisory Agency. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property. (b) Block. The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. (c) community Apartment. A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment. (d) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an - 3 - e e apartment, office, or store. addition, portions A condominium may include, in separate interest in other such real property. (e) conversion. The creation of separate ownership of existing improved real property together with a separate interest in space of residential, industrial or commercial buildings a of thereon. A conversion may be accomplished by condominium, stock cooperative, community apartment, or cooperative apartment. (f) cooperative Apartment. Pursuant to the City's author1ty to regulate subdivisions not regulated by the Subdivision Map Act as authorized by Government Code Section 66411, a project of more than three units in which an undivided interest in land 15 coupled with the right of occupancy of any apartment located thereon, whether such right is contained in the form of a written or oral agreement, when such right does not appear on the face of the deed. (g) Desiqn. street alignments, grades and width; drainage and sanitary facilities and utilities, including - 4 - e e alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and conflguration; traffic access; grading; land to be dedicated for park or recreational purposes; and such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan. (h) Final Map. A map showing a subdivision for which a tentative and final map is required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and des igned to be recorded in the office of the County Recorder. (i) Final Parcel Map. A final map for a parcel. (j) Final Subdivision Map. A final map for a subdivision. (k) General Plan. The General Plan of the City of Santa Monica. (1) Improvement. street work, storm drainage, utilities and landscaping to be installed, or agreed to be - 5 - e e installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners 1n the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to convenient to insure conformity to or implementation of the General Plan or any adopted specific plan. (m) Lot. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use. (n) Lot Line Adjustment. A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created. - 6 - e e (0) Merger. The joining of two (2) or more contiguous parcels of land under one ownership into one parcel. (p) Subdivision Map Subdivision Map Act of the California. Act. state The of (q) Parcel Map. A map showing a division of land of four (4) or less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. (r) Peripheral street. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision. (s) Remainder. That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the sUbdivision but must be shown on the required maps as part of the area surrounding subdivision development. (t) stock cooperative. A corporation as defined ln Business and Professions Code Section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exclusive occupancy in a portion - 7 - e e of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation. (u) Subdivider. A person who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others; except employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." (v) SUbdivision. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, lflhether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code section 1350, a community apartment project, as defined herein or in California Civil Code section 1351 (d), a stock cooperative, as defined herein or in California Business & Professions Code Section 1103.2, or a - 8 - e e cooperative apartment as defined herein. Any conveyance of land to a governmental agency, publ ic entity, or publ ic util i ty shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein. (w) Subdivision Map. A ~ap showing a division of land of five (5) or more parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. (x) Tentative Map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. (y) Tentative Parcel Map. A tentative map for a parcel. (z) Tentative Subdivision Map. A tentative map for a subdivision. (aa) zoning Ordinance. Artiel e IX of the Municipal Code. SECTION 2. Section 9311 of the Santa Monica Municipal Code is amended to read as follows: - 9 - e e SECTION 9311. Five or More Parcels. A tentative subdivision map and final subdivision map shall be required for all divisions of land into five (5) or more parcels, five (5) or more condominiums as defined in Civil Code Section 783, a community apartment project containing five (5) or more units, a stock cooperative containing five (5) or more units, or a cooperative apartment containing five (5) or more units. SECTION 3. section 9312 of the Santa Monica Municipal Code is amended to read as follows: SECTION 9312. Four or Less Parcels. A tentative parcel map and final parcel map shall be required for all divisions of land which create four (4) or less parcels, four (4) or less condominiums as defined in civil Code Section 783, a community apartment project containing four (4) or less units, a stock cooperative containing four (4) or less units, or a cooperative apartment containing four (4) or less units. SECTION 4. Section 9346 of the Santa Monica Municipal Code 1S amended to read as follows: - 10 - e e SECTION 9346. Waiver of Parcel Map. The Planning commission may waive the requirements for a tentative and final parcel map when it is demonstrated that the waiver is consistent with the purpose of this Chapter and the General Plan. No parcel map may be waived for a condominium, stock cooperative, community apartment project, or cooperative apartment, whether created by new construction or conversion. The decision of the Planning Commission shall not be appealable. SECTION 5. Section 4812a is added to the Santa Monica Municipal Code to read as follows: SECTION 4812a. Permits Necessary for Occupancy of Property Following withdrawal Pursuant to the Ellis Act. (a) No property or rental units therein which have been withdrawn pursuant to the Ellis Act, Government Code sections 7060 et seq., shall be subsequently occupied unless an occupancy permit is obtained in accordance with the provisions of this Section. (b) An occupancy permit for commercial occupancy of a property or any - 11 - e - rental unit therein shall be granted by the Planning Director if the following findings are made: (1) The occupancy is in conformity with the General Plan. (2) The occupancy is in conformity with the Comprehensive Land Use and zoning Ordinance. (c) An occupancy permit for residential occupancy of a property or any rental unit there1n may be granted: (1) By the Planning Director, if the Planning Director finds that no more than one unit on the property will be occupied by owners of the property. other units on the property may be occupied by family members of the owners, provided such family members do not have any ownership interest in the property and do not pay rent as defined 1n section 1801 (f) of the City Charter. An agreement restricting use of the property to such purposes shall be executed by the owner and the City as a condition of approval. (2) By the Planning Director, if the Planning Director finds that the property or rental unit therein - 12 - e e is to be used for multifamily rental housing, and the Rent Control Board has certified that the owner has complied with the requirements set forth in Government Code Sections 7060.2 and 7060.4 and with applicable regulations promulgated by the Rent Control Board. (3) If the property is to be used as a cooperative apartment as defined in section 9304, a subdivision or parcel map is obtained in accordance with Chapter 3 of Article IX of this Code, and a conditional use permit lS obtained in accordance with the requlrements of Section 9061.1, except that subsections (a), (b), (e), (h), and (i) (2) shall not apply, and except that the requirements regarding a Tenants' Notice of Intent to Convert and Tenant Relocation Assistance Plan contained in subsection (c) shall not apply. (d) The Planning Director shall make a written report to the Planning Commission and the city Council within five (5) days of approving or conditionally approving an occupancy permit pursuant to this Section. Any decision of the Planning Director - 13 - e e approving, conditionally approving, or denying an occupancy permit may be appealed to the Planning Commission in accordance with the provisions in Subchapter 10L of Article IX of this Code. Any decision of the Planning Commission may be further appealed to the City council in accordance with the same provisions. (e) This section shall not apply to occupancy of any portion of a property withdrawn pursuant to the Ellis Act following lawful demolition of that portion of the property, nor shall it apply to an entire property withdrawn pursuant to the Ellis Act following lawful demolition of the entire property. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdict1on, such decision shall not affect the validity of the remaining portions of the ordinance. The city Council hereby - 14 - e e declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. The ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS U city Attorney - 15 - , ~ e e Adopted and approved this 14th day of February, 1989. e~~~ I hereby certify that the foregoing Ordinance No. 1466(CCS) was duly and regularly introduced at a meeting of the City Council on the 24th day of January 1989; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 14th day of February 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Mayor Zane Noes: Councilmembers: Katz, Reed Abstain: Councilmembers: None Absent: Councilmembers: None - , " ~ ATTEST: '- - ~:- ~y