SR-8-B (11)
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FEe 1 4 1989
CA:RMM:11483b/hpc
City Council Meeting 2-14-89
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Municipal Code Sections 9304,
9311, 9312, and 9346 Relating to City Subdivision
Requirements and Adding Section 4812a Relating to
Local Land Use Requirements Applicable to Rental
Units withdrawn from the Rental Housing Market
Pursuant to the Ellis Act
At its meeting on January 24, 1989, the City Council
introduced for first reading an ordinance regulatlng the use of
properties from which tenants have been evicted pursuant to the
Ellis Act. The ordinance is now presented to the city Council
for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, Clty Attorney
Laurie Lieberman, Deputy City Attorney
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CA:RMM:LL:11472b/hpc
City Council Meeting 1-24-89
Santa Monica, California
ORDINANCE NUMBER
(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RENTAL UNITS WITHDRAWN FROM THE RENTAL HOUSING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 Subdlvlsion Map Act, Government Code section
66410 et seq. and the Subdlvlslon Ordinance of the City of Santa
Monica, Santa Monica Munlclpal Code section 9300 et seq., serve
to regulate and control the dlvision of land wlthin the City of
Santa Monica; and
WHEREAS, the provislons 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
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virtually identical attrlbutes 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 multlple owners
bU1ldings which were formerly operated as
of residential
rental housing
constitutes the creation of a com~unity apartment or some other
like interest WhlCh couples an mmership lnterest in property
with the right to occupy such property; and
WHEREAS, the creatlon of ownership interests and use
patterns which resemble communl ty apartments , cooperatives I or
condominiums without obtaining City approvals circumvents the
purpose of the State Subdivision Map Act and of the City's
Subdivision Ordinance: and
WHEREAS I the regulatlons set forth in this Ordinance are
necessary for the preservation of the public health I safety and
general welfare, to promote orderly growth and development and to
promote and implement the General Planl to protect unwary
purchasers of residential property I and to otherwise further the
purposes of the state Subdivlslon Map Act and the City's
Subd1v1sion Ordlnance and condominium regulations,
NOW I THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
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_ 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 naking invest~gations and
reports on the design and improvements of
proposed divIsions of real property.
(b) Block. The area of land withln
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
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apartment,
office,
or
condominium may include, in
separate interest ln other
such real property.
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store.
A
addition, a
portions of
(e)
Conversion.
The creation of
separate ownership of eXlsting improved
real property together with a separate
interest in space of residential,
industrial or co~mercial bUlldlngs
thereon. A conversion may be acco~plished
by condoIDlniuID, stock cooperative,
community apartment, or cooperative
apartment.
(f) Cooperative Apartment. Pursuant
to the City's authority to regulate
subdivisions not regulated by the
Subdlvislon Map Act as authorized by
Government Code Section 66411, a project
of more than three units in which an
undivided interest in land is 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 rlght does not
appear on the face of the deed.
(g) Design. Street
grades and width: drainage
facilities and utilities,
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alignments,
and sanitary
including
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alignments and grades thereof: location
and size of all required easements and
rights-of-way; flre roads and fire breaks;
lot size and conflgurationi traffic
access; grading; land to be dedicated for
park or recreational purposes; and such
other specific requireMents in the plan
and configuratlon 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 designed to be recorded ln 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 subdivislon.
(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
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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 in
the subdivision and local neighborhood
traffic and dra~nage needs as a conditlon
precedent to the approval and acceptance
of the final map thereof; or to such other
specific improvements or type of
improvements, the installatlon of which,
either by the subdi v lder , by publlC
agencies, by prlvate utilities, by any
other entity approved by the local agency
or by a combinatlon thereof, is necessary
to convenient to insure conformity to or
imple~entation 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.
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(0) Merqer. 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
Act.
state
The
of
California.
(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 Wh1Ch 1S not included as
part of the subd1v1ded land. The
remainder lS not cons1dered 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 in 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 portlon
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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 subdlvider or for
others; except employees and consultants
of such persons or entities, acting in
such capacity, are not IIsubdivlders."
(v) Subdivision. The divislon, by
any subdivider, of any un its 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, whether i~rnedlate or future.
Property shall be considered as contlguous
units, even if it is separated by roads,
streets, utility easements or railroad
rights-of-way. Subdivislon includes a
condomlnium project, as deflned hereln or
in California civil Code Section 1350, a
community apartment project, as defined
herein or in Callfornia civil Code Section
1351 (d), a stock cooperative, as defined
herein or in California Business &
Professions Code Section 1103.2, or a
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cooperative apartment as defined herein.
Any conveyance of land to a governmental
agency, public entity, or public utility
shall not be considered a divIsion of land
for purposes of computing the number of
parcels. "Subdivislon" does not include
anything excluded from the definition of
subdlvision in the Subdivision Map Act
unless otherwise provided for herein.
(w) Subdivision Map. A map showing
a dl viSIon of land of f1 ve (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. ArtIcle IX
of the Municipal Code.
SECTION 2. Section 9311 of the Santa Monica Municipal Code
is amended to read as follows:
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SECTION 9311. Five or More Parcels.
A tentative subdiv1sion map and final
subdivision map shall be required for all
divisions of land into five (5) or more
parcels, f1ve (5) or more condominiums as
defined in C1Vl1 Code Section 783, a
community apartment project containing
five (5) or more units, a stock
cooperative containing fl.ve (5) or more
units, or a cooperative apartment
containing flve (5) or more units.
SECTION 3. Section 9312 of the Santa Monl.ca Municipal Code
is amended to read as follows:
SECTION 9312. Four or Less Parcels.
A tentative parcel map and final parcel
map shall be requlred for all divisions of
land which create four (4) or less
parcels,
defined
four (4) or less condominiums as
in Civl.l Code Section 783, a
community apartnent proJect containing
four (4) or less units, a stock
cooperative containing four (4) or less
units, or a cooperat1ve apartment
containing four (4) or less unlts.
SECTION 4. Section 9346 of the Santa Monlca Municlpal Code
is amended to read as follows:
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SECTION 9346. Waiver of Pareel Map.
The Planning commission may waive the
requirements for a tentative and final
parcel map when it is demonstrated that
the wal.ver is consistent wlth 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
constructlon or converSlOD. The declsion
of the Plannlng ComMission shall not be
appealable.
SECTION 5.
Section 4812a 15 added to the Santa Monica
Municipal Code to read as follows:
SECTION 4812a. Permits Necessary
for Oecupancy of Property Following
Withdrawal Pursuant to the Ellis Act.
(a) No property or rental unlts
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 Sectl0n.
(b) An occupancy permit for
commerc1al occupancy of a property or any
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rental unit therel.n 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 w1th the Comprehensive Land Use
and Zoning Ordinance.
(c) An occupancy permit for
residential occupancy of a property or any
rental unit therein may be granted:
(1) By the Plann1ng
Director, 1f the Plannlng Director finds
that no more than one unl.t on the property
will be occupied by Q'i.mers of the
property. other units on the property may
be occupied by faMily ~eMbers of the
owners, provided such famlly members do
not have any ownershlp lnterest in the
property and do not pay rent as defined in
section 1801 (f) of the Clty Charter. An
agreement restrict1ng 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
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is to be used for multifamily rental
hous lng, 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 cooperatlve apartment as defined
in section 9304, a subdlV1Slon or parcel
map is obtained in accordance with Chapter
3 of Article IX of thls Code, and a
conditional use permlt lS obtained ln
accordance with the requirements 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 Relocatlon Assistance
Plan contained in subsection (c) shall not
apply.
(d) The Planning Director shall
make a wr1tten report to the Planning
Commiss~on and the City Council within
five (5) days of approving or
conditlonally approving an occupancy
permit pursuant to this section. Any
decision of the Planning Director
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approving, conditlonally approving, or
denying an occupancy permit may be
appealed to the Plann~ng Commission ln
accordance with the provisions in
Subchapter lOL of Article IX of this Code.
Any decision of the Plannl.ng Commission
may be further appealed to the Cl.ty
Council in accordance with the same
provisions.
(e) This Sect~on shall not apply
to occupancy of any portion of a property
withdrawn pursuant to the Ellis Act
followlng 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 provlsion of the Santa Monica Municipal Code
or append1ces thereto inconsistent wlth the provisions of this
ordinance, to the extent of such inconslstencies and no further,
1.5 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 invalld
or unconstitutional by a decision of any court of competent
jurisdictl.on, such decislon shall not affect the valldlty of the
remaining portions of the ordinance. The City Council hereby
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declares that it would have passed thlS ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared lnvalld or unconstitutional without regard to whether
any portlon of the ordinance would be subsequently declared
inval1d or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance.
The Clty Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoptl.on.
The ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS () - -
City Attorney
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DATE;
TO;
FROM:
SUBJECT:
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CITY OF SANTA MONICA
INTER-DEPARTMENT MEMO
February 24, 1989
Byron Galnes, Utll1tles Manager
Joan L. Jensen, Clty Clerk's Offlce
Contract No. 5274(CCS)
On February 14~ 1989, the Clty CounCll awarded
Contract ~o. 5274(CCS) to Clty of Los Angeles
and Los Angeles County for lnteragency agreement
to lmplement lmprovements to the Plco-Kenter
StorTI' Draln~
Please provlde the Clty Clerk's offlce wlth
a fully executed copy of the contract.
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