SR-7-A (51)
LUTM:PB:DKW:DB tp162cc.pcword.plan
Council Mtg: September 10, 1991
2-A
SEP 1 0 1991
Santa Monica, California
TO:
Mayor and City Council
FROl1:
City staff
SUBJECT: Appeal of TPC 162, VTTM
Tenant-Participating Conversion
50717,
Six-Unit
INTRODUCTION
This report recommends that the City Council approve Tenant
Participating Conversion 162 and Vesting Tentative Tract Map
50717 to permit the conversion of a six-unit, two-story apartment
building to condominiums.
BACKGROUND
On August 21, 1991, the Planning commission voted 3 to 2 in favor
of requiring additional minimum down payment information from the
applicant and continuing TPC 162/ VTTM 50717 to the September 4,
1991 Planning Commission meeting, which resulted in a technical
denial of the project due to the fact that the minimum 4 votes of
approval were not obtained. Additional background on the project
is contained in the Planning Commission staff report in
Attachment A.
The Planning commission was concerned with the interpretation of
of section 2002(b)2 of the Tenant Ownership Rights Charter
Amendment (Article XX), which states that:
An application for a Tenant-Participating Conversion shall
be complete if it meets the following requirements:
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7-A
SEP 1 {l nqJ
v .'fo..O.....
b. Sets forth, for each tenant-occupied unit, the
following information:
(1) The maximum sales price for each unit.
(2) The minimum down payment for each unit.
(3) If seller financing will be offered, the minimum
amount to be financed, the maximum rate of interest and
the minimum term of the loan offered by the seller.
The Commissioners supporting the motion interpreted the above
language to require that TORCA applications include a specific
dollar amount indicating the approximate down payment on each
unit, regardless of whether seller financing is being offered.
Three Commissioners voted to allow the applicant to return to the
Commission at a later date with the information related to the
minimum down payment signed by each tenant who intended to
purchase his or her unit.
The Commissioners opposed to the motion felt that the language
only applies to cases where the seller offers financing to the
purchasing tenants. These Commis~ioners felt it would be
excessive for the Commission to require additional information
from the subject applicant, when it is clearly stated on the
"Seller Financing Sheet II of the application that II no owner
financing is being offered."
At the Commission hearing, the Deputy City Attorney stated that
if the applicant at the public hearing said that Uno minimum down
payment would be required" because seller financing was not being
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offered, this would be sufficient to comply with the Code
requirement. since the Commission meeting, the city Attorney1s
Office has issued an opinion on this matter (Memorandum Opinion
Number 91-24) which further articulates why the City should not
require addi tional information from the applicant. This
memorandum is contained in Attachment B.
staff concurs with the city Attorney's opinion. Because
independent financial institutions vary in their minimum down
payment requirements, staff believes that it is unreasonable for
an applicant to be required to quote a dollar amount for the down
payment since the tenant purchasing the unit has not yet secured
a loan for that purpose. Furthermore, this requirement would
serve to confuse, rather than clarify, the financing options
available to tenants, by stating a specific dollar amount when in
fact no exact minimum down payment will be known until the tenant
secures financing from an independent financial institution at
the time of purchase of his or her unit.
Public Notice
Public notice for the subject Tenant Participating Conversion
consists of 1) a notice mailed at the time of application filing
to all tenants of the subject building, which includes a copy of
the Summary Cover Sheet, Tenant Information Sheet, Seller
Financing Information Sheet, Parking Plan, Agreed Upon Building
Repairs, Building Inspection Report and an informational brochure
designed by the city to answer basic tenant questions about
TORCAi 2) a notice mailed to all tenants prior to the Planning
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Commission and City Council public hearing, which includes a copy
of the staff report and information on the hearing; and a public
notice mailed to all residents and property owners within 300
feet of the subject property for both the Planning Commission and
City Council public hearing.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RE COIDiENDATI ON
Based on the opinion rendered from the city Attorney's Office,
staff respectfully recommends that the City Council approve TPC
l62jVTTM 50717 subject to the findings and conditions contained
in the Planning Commission staff report dated August 2l, 1991.
Prepared by: Paul Berlant, Director
D. Kenyon Webster, Planning Manager
Drummond Buckley, Assistant Planner
Planning Division
Land Use and Transportation Management Department
Attachments: A. Planning commission staff Report and
Attachments
B. City Attorney's Memorandum Opinion No. 91-24
C. Correspondence and Attachments
D. Appeal Form
DB
PCjtp162cc
09j03j9l
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AlfMH~ftJ1' ~
PLANNING AND ZONING DIVISION
Land Use and Transportation Management Department
MEMORANDUM
DATE:
August 21, 1991
TO:
The Honorable Planning commission
FROM:
Planning Staff
SUBJECT: TPC 162, VTTM 50717, six-Unit Tenant-Participating
Conversion
Address:
Zoning:
Owner (s) :
848 Pacific street
R2
Alex J. Tucciarone,
C. McHose
Linda L. Hibbs,
George
Background: This is an application for approval of a Tenant-
Participating Conversion (TPC) submitted under the provisions of
the Tenant Ownership Rights Charter Amendment (TORCA) approved by
the voters of the city of Santa Monica in June 1984. As required
by the provisions of TORCA, the public hearing held by the Plan-
ning commission on the TPC application is held simultaneously
with the hearing on the tentative map for the conversion.
The 6-unit, 2-story apartment building was constructed in 1962.
The building consists of four I-bedroom and two 2-bedroom units.
At the time of construction, a total of 6 parking spaces were
required for a project of this size, which is satisfied by the
existing six parking spaces. Each unit will be assigned exclu-
sive use of one parking space. One of the owners, George McHose,
has resided in a unit of the building for 48 months and has
signed the Agreement to Conversion and Intent to Purchase forms.
Article XX allows an owner/resident of a TORCA building to sign
the Agreement to Conversion and Intent to Purchase forms if he or
she has resided in the unit for six months prior to soliciting
for a TORCA conversion.
The Planning Commission may deny this application ONLY upon a
specific finding that the proposed conversion fails to meet the
requirements of Article XX of the City Charter (TORCA) or the
State Subdivision Map Act or is the result of fraud, misrepresen-
tation, or threat or similar coercion.
City staff has found no basis for denial of this application and
therefore recommends approval with the findings and conditions
set forth below.
Summary Information
Number of Total Units
6
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~.
Units with Tenants Signing
Intent to Purchase
3 (50% of total units)
units with Senior or
Disabled Tenants
None
Estimate of Conversion Tax
$32,400 on sale of all
units
Owner(s)
Tucciarone,
McHose
Hibbs,
Last Hearing Date
per Sub. Map Act
October 10, 1991
Building Qualification: The subject building is a Qualifying
Building per Sec. 2001 (1) of Article XX of the city Charter, as
declared by the applicant and confirmed by the City Planning Di-
vision, the Building and Safety Division and the Rent Control
Administration office.
Objections: No objections to this Tenant-participating Conver-
sion were filed with the City within the 25 day objection period
following notification to all building tenants of the Tenant-
Participating Conversion Application, nor were any objections
received prior to the time of distribution of this report to
Planning Commissioners.
Additional Information: Additional information may be found in
the attached portions of the Tenant-Participating Conversion Ap-
plication and Tentative Map Application.
Analysis/Recommendation: A Tenant-Participating Conversion,
along with any required tentative map, may only be denied if it
fails to meet the requirements of Article XX of the City Charter,
is the result of fraud, misrepresentation, or threat or similar
coercion, or fails to meet any mandatory requirement of the Sub-
division Map Act.
In that this application meets the requirements of Article XX and
all mandatory requirements of the state Subdivision Map Act,
staff respectfully recommends that Tenant-Participating Conver-
sion l62 and Vesting Tentative Tract Map 50717 be approved
with the following findings and conditions:
Tenant-Participating Conversion Findings
1. This Tenant-Participating Conversion Application meets the
requirements of Article XX of the City Charter of the City
of Santa Monica along with all mandatory requirements of
the Subdivision Map Act of the state of California.
[reference Sec. 2004 (a), Article XX]
2. The Tenant-Participating conversion Application has been
deemed complete and accepted for filing. At the time of
filing it met the requirements of Section 2002 of Article
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XX of the city Charter for a complete application. The
subject application:
(a) Identifies the building, its owner and its tenants and
contains a declaration that such building is a
Qualifying Building, the specific details of which are
incorporated into these findings by reference.
(b) Sets forth, for each tenant occupied unit, the follow-
ing sales information, which is incorporated into
these findings by reference:
1) The maximum sales price for each unit.
2) The minimum down payment for each unit.
3) If seller financing is offered, the m1n1mum
amount to be financed, the maximum rate of inter-
est and the minimum term of the loan offered by
the seller.
(c) Sets forth, for each unit, the following common area,
maintenance and budget information, which is incorpo-
rated into these findings by reference:
l) The plan for the assignment and use of all park-
ing spaces.
2) The plan for the use of all common area
facilities.
3) The occupancy and management plans and policies.
4) A list of all repairs and alterations, if any,
which will be performed before the close of the
first escrow.
S) The plan for allocating costs and expenses for
the building.
6) A prepared monthly maintenance budget based upon
actual maintenance expenses for at least the pre-
ceding two years plus a reserve fund which states
the monthly maintenance assessment for each unit.
7) The procedures for the allocation and use of such
reserve funds.
(d) Contains a declaration with the following information:
1) That there has been a building inspection report
of the accessible portions of the entire build-
ing, including but not limited to, the roof,
walls, floors, heating, air conditioning, plUmb-
ing, electrical systems or components of a simi-
lar or comparable nature, and recreational
facilities of the building prepared by a Building
Inspection Service or similar agency wi thin the
preceding three (3) months.
2) That, for each tenant occupied unit, a written
statement setting forth any substantial defects
or malfunctions identified in the building in-
spection report regarding the unit and the common
areas has been delivered to the unit or a tenant
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occupying the unit.
3) That, for each tenant occupied unit, a copy of
the complete building inspection report has been
delivered to the unit or a tenant occupying the
unit.
4) No eviction has occurred pursuant to Government
Code Section 7060 et seq. (the Ellis Act) within
a five (5) year period prior to the filing of an
application for Tenant-Participating Conversion.
5) No eviction has occurred pursuant to section 1806
(h) of the Charter (relating to eviction for pur-
poses of owner occupancy or occupancy by relative
of the owner) within a two (2) year period prior
to the filing of an application for Tenant-
Participating Conversion.
6) In obtaining the signatures of cosigning tenants
and intending to purchase tenants, I/we, as
owner(s) of the building described in this ap-
plication, neither offered nor agreed to pay mon-
ey or other financial consideration to par-
ticipating tenants if the tenants would release
all rights that they had to purchase a rental
unit in the building.
(e) That the form of tenant ownership for which the
application is submitted will be a condominium.
(f) Is signed by cosigning tenants occupying 66.7% (not
less than two-thirds) of all the residential units in
the building. (If there is more than one tenant in a
unit, the signature of only one tenant is required.)
(g) Identifies the cosigning tenants and the units occu-
pied by such tenants and lists all other tenants known
to the owner in the building and the units they
occupy.
(h)
Contains a declaration that
cosigning tenant was obtained
in writing, to such tenant of
in subsections (a) (b) (c)
Section.
the signature of each
only after the delivery,
the information required
(d) and (e) of this
(i) Contains a declaration that all lawful notices have
been given of the application for conversion.
(j) Has attached to the application statements of Tenant
Intent to Purchase, signed by Intending to Purchase
Tenants occupying 50% (not less than fifty percent) of
the total number of residential units in the building.
(If there is more than one tenant in a unit, the sig-
nature of only one tenant is required.)
(k) That, for each tenant occupied unit, a Tenant Intent
to Purchase has been delivered to the unit or a tenant
occupying the unit.
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3. The following procedures have been followed in the pro-
cessing of this Tenant-participating Conversion
Application:
(a) A Tenant-Participating Conversion Application was ac-
cepted for filing by the City and meets the require-
ments of Section 2002 of Article XX of the City
Charter.
(b) The Tenant-Participating Conversion Application was
filed by the owner on 4-17-91, not less than forty
(40) days prior to the filing of the application for
the tentative subdivision/parcel map on 7-10-91.
(c) Within five (5) days of the filing of the Tenant-
Participating Conversion Application, the City sent
notice to every tenant in the building stating that a
Tenant-Participating Conversion Application had been
filed and that any obj ections thereto may be filed
with the City within twenty-five (25) days from the
date of the notice.
(d) Upon the filing of the application for the required
tentative sUbdivision/parcel map, the Tenant-
Participating Conversion Application and required map
were scheduled for hearing and processed in accordanq,
with the procedures for the processing of subdivision
maps.
Tentative Map Findings
1. The proposed subdivision, together with its provisions for
its design and improvements, is consistent with the ap-
plicable general and specific plans as adopted by the City
of santa Monica. [Reference California Government Code
Sec. 66473.5 and Santa Monica Municipal Code Sec. 9362
(a) ]
2 . The owner (s) and each tenant on the subj ect property
received copies of this staff report and recommendation at
least three days prior to this public hearing.
3. Notification of this hearing has been in conformance with
Section 9360 of the Santa Monica Municipal Code.
4. Each of the tenants of the proposed condominium proj ect
has received, pursuant to Government Code Section 66452.9,
written notification of intention to convert at least 60
days prior to the filing of the tentative map pursuant to
Section 66452. Each such tenant, and each person applying
for the rental of a unit in such residential real proper-
ty, has, or will have, received all applicable notices and
rights now or hereafter required by the Subdivision Map
Act. Each tenant has received or will receive lO days
written notification that an application for a public re-
port will be, or has been, submitted to the Department of
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Real Estate, and that such report will be available on
request. The written notices to tenants shall be deemed
satisfied if such notices comply with the legal require-
ments for service by mail.
5. Each of the tenants of the proposed condominium proj ect
has been, or will be, given written notification within 10
days of approval of a final map for the proposed
conversion.
6. Each of the tenants of the proposed condominium project
has been, or will be, given 180 days written notice of
intention to convert prior to any termination of tenancy
due to the conversion or proposed conversion. This will
not alter or abridge the rights or obligations of the
parties in performance of their covenants, including, but
not limited by Sections 1941, 1941.1, and 1941.2 of the
civil Code, and set forth herein as conditions of
approval.
7. Each of the tenants of the proposed condominium project
has been, or will be, given notice of an exclusive right
to contract for the purchase of his or her respective unit
upon the same terms and conditions that such unit will be
initially offered to the general public or terms more
favorable to the tenant. The right will run for a period
of not less than 90 days from the date of issuance of the
subdivision pUblic report pursuant to Section 1l01B.2 of
the Business and Professions Code, unless the tenant gives
prior written notice of his or her intention not to exer-
cise the right. This will not alter or abridge the rights
or obligations of the parties set forth herein as condi-
tions of approval.
8. This proj ect has been found to be categorically exempt
from the california Environmental Quality Act of 1970
(Section 15301) and from the City of Santa Monica Guide-
lines for Implementation of the California Environmental
Quality Act (Article 5.a) as a Class 1 exemption.
Note: Individual findings required for approval of non-Tenant-
Participating Conversions specified in Santa Monica Municipal
Code Sec. 9122F either are inconsistent with or redundant with
the requirements of Article XX and therefore are not applicable
to or necessary for approval of Tenant-Participating Conversions.
conditions
1. The owner shall agree to each condition imposed in connec-
tion with the approval of a Tenant-participating Conver-
sion Application. Written consent shall be filed prior to
the approval of the required final parcel/subdivision map
and shall be in a form approved by the City Attorney. The
filing of such written consent shall constitute an agree-
ment, with the City of Santa Monica and each Participating
Tenant, binding upon the owner and any successors in
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interest, to comply with each and every condition imposed
in connection with approval of this Tenant-Participating
Conversion Application. The City and any Participating
Tenant shall have the right to specific enforcement of
this Agreement in addition to any other remedies provided
by law.
2. The owner shall offer and continue to offer the exclusive
right to purchase each rental unit in the building to the
Participating Tenant thereof upon the terms set forth in
the application, without change, for a period of not less
than two (2) years from the date of final approval by the
California Department of Real Estate or the date the first
unit in the building is offered for sale, if no approval
by the California Department of Real Estate is required.
Unless a participating tenant has already provided the
owner with written acceptance of the offer, the Tenant
Sale Price may be adj usted according to any change re-
flected in the Price Index [as defined in Section 2001(j)
of Article XX of the City Charter) occurring during the
proceeding year. Upon the written acceptance of the offer
by the Participating Tenant at any time within the two
year period, escrow shall open within thirty (30) days
from the written acceptance by the Participating Tenant.
Unless otherwise agreed by the parties, the period of the
escrow shall not exceed sixty (60) days.
3. No Participating Tenant shall at any time after the ap-
proval of this Tenant-Participating Conversion Application
be evicted for the purpose of occupancy by the owner, oc-
cupancy by any relative of the owner, or for demolition of
the unit. In the event the Participating Tenant does not
exercise his or her right to purchase wi thin the time
period set forth, the owner may transfer the unit without
any price restriction to the Participating Tenant or any
other person. However,- in the event such transfer is to
someone other than the Participating Tenant, the transfer
shall be expressly made subject to the rights of the Par-
ticipating Tenant to continue to occupy the unit as pro-
vided for in Article XX of the City Charter. The provi-
sions of California Government Code Section 7060 et seq.
("The Ellis Act II ) shall not be used to evict any non-
purchasing Participating Tenant.
4. Each unit shall at all times remain subject to all terms
and conditions of Article XVIII of the City Charter, ex-
cept Section la03 (t), before, during and after any Ten-
ant-Participating Conversion. If any unit is rented, the
maximum allowable rent for each unit shall be no greater
than the maximum allowable rent allowed under Article
XVIII of the City Charter.
5. Prior to the approval of the required final parcell
subdivision map for the Tenant-Participating Conversion,
each participating tenant shall be informed in writing, in
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a form approved by the city, of his or her rights under
Article XX of the City Charter.
6. All non-purchasing Participating Tenants who are senior
citizens or disabled on the date of filing the Tenant-
Participating Conversion Application and who personally
occupied a rental unit in this qualifying building con-
tinuously for at least six (6) months immediately preced-
ing the date of the filing of this Tenant-Participating
Conversion Application shall have a right without time
limitations to occupy their units subject to the provi-
sions of Article XVIII of the City Charter and shall be
given the non-assignable right to continue to personally
reside in their unit as long as they choose to do so sub-
ject only to just cause evictions provided that the evic-
tion 1s not for the purpose of occupancy by the owner,
occupancy by any relative of the owner, or for demolition
of the unit. In addition, should the maximum allowable
rent provision of Article XVIII of the City Charter no
longer apply, the rent for each such unit may be adjusted
annually to allow an increase of no more than the increase
in the Price Index [as defined in Section 2001(j) of Arti-
cle XX of the City Charter] plus a reasonable pro rata
share of capital replacements for the building common
areas or agreed to capi tal improvements for the unit.
within sixty (60) days after the approval of this Tenant-
Participating Conversion Application, any senior citizen
Participating Tenant who is entitled to the protections of
this provision may designate in writing the name of one
person who is entitled to continue living in the rental
unit under the same terms as the senior citizen if the
senior citizen predeceases him or her and if the person
designated is residing in the unit at the time of the
death of the senior citizen. The person designated by the
senior citizen must be a lawful occupant of the unit, at
least fifty-five (55) years of age on the date of the
filing of this Tenant-Participating Conversion
Application.
All other non-purchasing Participating Tenants who per-
sonally occupied a rental unit in this qualifying building
continuously for at least six (6) months immediately pre-
ceding the date of filing of this Tenant-Participating
Conversion Application shall have a right without time
limitations to occupy their units subject to the provi-
sions of Article XVIII of the City Charter and shall be
given the nonassignable right to continue to personally
reside in their unit subject only to just cause eviction
for a period of five (5) years from the date the first
unit is offered for sale. No eviction shall be allowed
during this time period except for just cause provided the
eviction is not for the purpose of occupancy by the owner,
occupancy by any relative of the owner, or demolition of
the unit. In addition, during this time period, should
the maximum allowable rent provisions of Article XVIII of
the City Charter no longer apply, the rent for each unit
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may be adjusted annually to allow an increase of no more
than the increase in the Price Index [as defined in Sec-
tion 2001(j) of Article XX of the city Charter] plus a
reasonable pro rata share of capital improvements for the
building's common areas or agreed to capital improvements
for the unit.
All rights under this condition shall expire upon the ter-
mination of the landlord-tenant relationship between the
owner and the participating tenant entitled to the protec-
tions of this condition.
For purposes of this condition, "just cause" means one of
the reasons set forth in subdivisions (a) through (g) of
Section 1806 of the City Charter.
7. The requirements of these conditions shall be set forth in
the Declaration of Covenants, Conditions, and Restric-
tions, or equivalent document, and shall specifically name
the Participating Tenants in each unit entitled to the
benefits and protections of Article XX of the City
Charter. The City Attorney shall review and approve for
compliance with Article XX the Covenants, Conditions, and
Restrictions, or equivalent documents, prior to the ap-
proval of the required final parcel/subdivision map. To
the extent applicable, the requirements of Article XX
shall be made a part of the rental agreement with the Par-
ticipating Tenants.
8. The owner shall pay the Tenant-Participating Conversion
Tax in the manner required by section 2008 of Article XX
of the City Charter.
The Tenant-Participating Conversion Tax shall be paid by
the owner to the City Treasurer on each Tenant-
Participating Conversion unit in an amount equal to twelve
(12) times the monthly maximum allowable rent for the unit
at the time the tax is due and payable. If there is no
monthly maximum allowable rent, the tax shall be computed
on the basis of the monthly fair rental value of the unit.
The Tenant-Participating Conversion Tax shall be due and
payable at the time of approval of the required final par-
cel/subdivision map. Payment of the tax may be deferred
until sale of the unit by the owner executing a lien in
the form approved by the City. Upon payment of the tax,
or upon a determination that a unit is exempt from the tax
in accordance with subdivision (d) of Section 2008 a
release of lien shall be filed by the City with respect to
each unit for which the tax has been paid or which has
been determined to be exempt from the tax.
9. The Declaration of Covenants, Conditions, and Restric-
tions, or equivalent document, shall contain a non-
discrimination clause in substantially the following form:
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IINo unit owner shall execute or file for record any in-
strument which imposes a restriction upon the sale, leas-
ing or occupancy of his or her unit on the basis of sex,
race, color, religion, sexual orientation, ancestry, na-
tional origin, age, pregnancy, marital status, family com-
position, or the potential or actual occupancy of minor
children. The association shall not discriminate on the
bas1s of sex, race, color, religion, sexual orientation,
ancestry, national origin, age, pregnancy, marital status,
family composition, A.I.D.S., or the potential or actual
occupancy of minor children."
10. Approval of the Tenant-Participating Conversion Applica-
tion shall expire if the required final parcel/subdivision
map is not approved within the time period set forth in
Condition 11.
.
11. The tentative parcel/subdivision map shall expire 24
months after approval, except as provided in the provi-
sions of California Government Code Section 66452.6 and
sections 9380-9382 of the Santa Monica Municipal Code.
During this time period, the final map shall be presented
to the City of santa Monica for approval. If the tenta-
tive map is a vesting tentative map pursuant to California
Government Code section 66474.2, the provisions of Santa
Monica Municipal Code Section 9325 also shall apply.
12. The applicant shall comply with all requirements set forth
in Government code section 66427.1, including notification
of tenants regarding application for a public report to
the Department of Real Estate and notification of tenants
regarding approval of a final map for the conversion.
13. The developer/applicant shall provide the Engineering De-
partment of the City of Santa Monica with one Dizal Cloth
print reproduction and microfilm of each sheet of the
final map after recordation.
14. The effective date of this action shall be ten (lO) calen-
dar days from the date of Planning commission determina-
tion or, if appealed per Section 9366 (SMMC), at such time
as a final determination is made by the City Council.
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15. For information purposes, the following persons are iden-
tified in the application as participating tenants:
George C. McHose, Ceclia Jensen, Larry and Charlene
Wallace, cindy Telvin.
ATTACHMENTS: A. Summary Cover Sheet
B. Unit/Tenant Info.
C. Seller Financing Info.
D. Parking Plan
E. Summary CC+R's
F. Tenant Notice
G. Radius Map
H. Tract/Parcel Map
Prepared by: D. Kenyon Webster, Principal Planner
Drummond Buckley, Assistant Planner
PC2/tp162pc
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a Tax Gode Identification Map Book' 42R4 Pagel" 004 Parcel' 012
b PrOject Address
Street# 848 Panhe Street
City Santa Homca State Calif. Zip Code 90405
No ot Units Six
C LegalDescnptlon Lot 117. of Tract No. 5512, BQQ~ ~9. P2:. 1 & 2
Zone R - 2
2 a Owner(s) Name Alex J. TucCl.arone l Llnda L. Hibbs r Georpje C. ~lcHose
(If corporation, Include names of princIpal stockholders)
b Address
Streett 848 Paclflc St. itl
Cl~ Sant~ Monica
C Phone ( ) 213 399-5675
(Attach PrelimInary TiUe Report)
State Callf.
Zip Code 90405
3 a Agent (If any) Name. Kenneth L. Kutcher
b Title. Attorney at Law
C FIrm. Lawrence & Harding, a Professional Corp.
d Phone.( ) 213 - 393 -1007
e Address:
Streett 1250 Slxth St., SUlte. 300
CIty Santa :'-10Ulca State _~ahf. Zip Code qn.!LOl
4 Post.(Anvel'Slon Form of Ownership (Condominium. stock cooperative, community apartmen~ cooperative
association, or IImrted eqUity housing cooperative): Gondomimum
5. a.. UnItS With Cosigning Tenants: Number: r au r Percent of Total Units: 66 . 7 %
b. Units With Tenants Signing Statement of Intent to Purchase: Three
Number: Three Percent of TotaJ Units: 50%
c. Vacant Units: Number: Two Percent of Total units: _11, '1 h
6. a. Square Footage 01 Building: 4'17 rr .
b. ~. Footage of Lot 7146
7. Rent Cortrol Board Status Form:
ObtaIn a TORCA .Rent Control Boad Clearance Form" from Rent Control, Room 202. City Hal, and provid& with
~ication (see attached sample).
8. a. Original Building Pennit Date (or best estimate of dati of conslruCtion If no BUking Permit is on City file).
Date: lQ'}7 Building Permit Number: B - 22298
b. Dates and d~ptions of subsequent modific:abons to building or SIte Ondooing changes in nllTlber or size of unlS,
parking spaces, non-permitted structures or unitS, etc.). If additionaj space is required for this Information, put it on
81/2 X 14" sheets label them .Buddlng History" and attach them 10 this appicatioo.
Room AdditTon TTl1rlrv Room_ unner deck. Blll1c1HIQ" Permlt: R-1??17.
There is also a vOld b~ild1n~ p~~it(B-45474) for-a covered parkin~ structuret
wh~ch was never exercised and has expired.
3
--- "
-------,
1 ( 1) George C. McHose 48 yes yes
2 (1) Ceclia Jensen 13 yes yes
3 (2) vacant nla
4 (1) Larry & Charlene
I{allace 84 yes
5 (1) Cmdy Telvin 38 yes yes
6 (2) vacant n/a
TPC - APP - 2
,.., ~ -----0- ,..., ,...,
($) ..
1 George ~lcHose $200,000 $195,000 S160,OOO 5155,000
2. Ceclla Jensen $200,000 $195,000 $160,000 5155,000
3. vacant n/a, vacant
4. Larry & Char. l~allace S180~OOO $175,000 8144,000 S139,OOO
5. Clndy Tevlln S180,000 $175,000 8144,000 8139,000
6. vacant n/a. vacant
*Kotes:
1) The Early Purchase Dlscount Prlces are valld for any unlt where the tenant(s)
exerClses the option wlthln thirty(30) days from the date of the final goven-
mental approval of the converSlon known as the lssuance of the Department of
Real Estate Final PubllC Report. the "White Sllp", and where escrow closes no
later than nlnety(90) days after the "White Sllp" lssuance date.
2) For partlclpating tenants who elect to purchase thelr unlts wlth the Improvement
Package. the followlng will occur: Escrowholder shall wlthhold In escrow 55.000
of the purchase prlce until the Package improvements set forth below are completed.
at whlch tlme Escrowholder shall pay the $5,000 to seller.
of
Improvement Package: The Improvement PackagecOnslsts the folloWlng lmprovements
(In acldltlon to the baS1C Repalrs and Alterations to be made to all units as set
forth elesewhere ln thlS Applicatlon):
1. Repaint the lnterlor of the unlt.
2. Install new vinyl floorlng in bathroom
3. Install new vinyl floorlng ln the kltchen
4. Recarpet bedroom and 11vlng room.
5. Install new wlndow coverlngs
6. Clean and service wall heaters
7. Repair and replace bathroom and kltchen flxtures
3) No owner financlng lS belng offered. Tenants are aware that current loan pollcles
of local lenders may requlre 51% of the tenants to exerClse thelr optlons at
the same tlme In order for tenants to quallfy for condornlnium loans.
4) Owner may ralse the prlces 11sted above by any lncrease In the Cost of Llving
Index as set forth in Artlcle XX one year after the Whlte Sllp lS lssued.
5) Each ~aXlrnum Purchase Prlce Ilsted above is only valld for the tenant whose
name lS llsted for that unit.
6) Each unit shall have one uncovered parklng space asslgned for thelr use. The
aSSlgnment of parklng spaces shall respect eXlstlng rlghts partlclpatlug
tenants have In regard to parklng.
,
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1. '.ype or urgamzanon: Non-protit mutual benetit corporation actmg as a condommium management
assOClation.
2. 1\1embership: Each owner, mcludmg subdlVlder, of a condomlmum
3. l\'lembership Termination: AutomatIc termmatlon when the member no longer holds any mterest In any
umt
4. Voting Rights: Class A - all owners other than Declarant (one vote each) Class B - Declarant (three
votes per umt) Class B ceases and converts to Class A on earhest of: (1) total Class A votes equal Class B
votes, or (il) second :mmversary
5. Management: The AsSOCiatIOn may not contract for professIOnal management serVIces for a term exceedmg
one year Without majonty approval Any such Agreement may be terminated by eIther party, With our 'WlthOUt
cause, on 30 days' wntten notice, WIthout penalty or fee
6. Project Life: Approximately 30 years
7. Effectivity Term of and Amendments to CC&Rs: Dnlll partition of Project or untIl DeclaratIon
revoked Amendments require 75% approval of each class, generally, plus any other appropnate persons or
entItIes
8. Maintenance Provisions:
a. Units: Each o\\>ner IS responsible
b. Common Areas: AssoClatIon IS responsIble
9. Damage M Repair or abandonment provisions: TIed to msurance proceeds, subject to a vote not
to rebmld Costs of repair over and above lllsurance proceeds are apportioned between owners on the basIS of
square footage of theIr umts
10. Description and ownership of condominium units: Elements of the project that are not ov"ned
m common WIth other members as described in the CondommlUm Plan and deeds Includes patios and
balcomes
11. Description, ownership and use of common areas: The entIre project, except the units Each
ovmer has an undl\ided mterest m the common area Each owner has a non-exclusIve easement as to the
common area Each owner has an exclUSIve nght to use one parking space Parking spaces are allocated as
exclUSIVe use areas for theIr respectIve umts
12. Parking Space Assignment: One off-street parking space per umt. They may not be sold, rented or
leased to anyone other than o'Wner or tenant or other owners
13. Restrictions:
a. Owner's Financial/Legal Status: None, except only that PartICIpating Tenants have an
exclusive two-year optIon to purchase
b. Use: Residentlal purposes only, subject to occupancy nghts of PartIClpatmg Tenants
c. Any Restrictions on Age of Occupants: None.
d. Pets: Reasonable household pets permItted
Lawrence & Harding
Prepared by: ~ --J- -1' - -
Kenneth L. Kutcher
TItle: Attorneys for Subdivider
Date:
fY\\-1j .""Lt.) \ t:1 ~ \
707\RESUME SM
The owner(.s) of thi3 building I at 848 panfc St.
st~eet B street
Santa. Monlca,
City,
wIth
Calif. 90405, plans to file a
State~ Zip Code
the Cl ty of Santa Monica to conver-t
SlX Unit Con1om~nlum Pro~~~ti Indl~idu8~ Ownership
(post-conversion form of tenant - owershtp)
tef"' tat 1 ve :nap
this
build ing
to
a
You shall be given notice of each hearing for which notice 1s requi~~d ~u~-
suant to Sections 66451.3 and 66452.5 of the Government Code, ar.d you have
the right to appear and the right t~,be heard at any such hea~ing.
fffi . ~~
(Signat.'te o'~~er or"'owner's asent)
7,//2_ /V{~
I ( d a t () .
NOH:: IhlS notice must be given to all tenants at least sixty (60) cays
prtor to fUing any appllcation for a tentative subdiviSlon map (as
~equl1""ed by the State Map Act, Section 66452.9.
TPC-NIC IE) 6/85
The owner (s) of this building, at 8?8 . Panfc St.
street ~ street
Santa Nonica,
City,
wIth
Cal1f. 90405, plans
State, Zip Code
the Ci ty of Santa Monica to convert
S1X Unit Condorn1nlum Pro~ectl Indlv1du~1 Ownersh1p
(post-conversion form of tenant - owership)
to fUe a tertatlve map
this building
to a
You shall be given notice of each hearing for which notiee Is requl~ed pur-
suant to Sections 66451.3 and 56452.5 of the Government Code, ar.d you have
the right to appear and the right )1~: he:;7~at~~~ ::;-lng.
(J'~re of owner-~~ own~'s agent)
-;y j~? / Y7 C:J
(dat'e)
NOT=:: ThlS notlce must be giver. to all tenants at least six~y (60) cays
prior to fllir:g any application for a tentative subdivislon map (as
~equi~ed by the State Map Act, Section 56452.9.
TPC-NIC(EI 6/85
The owner(.s) of this building, at 848 panfc St.
st~eet ~ street
Santa ~Ionica,
"City, ,
',nth
Calif. 90405 I plans to file a tel'ltatlve map
State, Zip Code
the C1 ty of Santa Monica to convert this building
, SlX Unit Condominium Pro~ect1 lndlvldual Ownership
-(post-conversion form of tenant - ower.ship)
to
a
you shall be given notice of each hea~1ng for which notice is requl~ed pu~-
,uant to Sections 66U51.3 and 66U52.5 of the Government Code, ar.d you have
the right to appear and the right~ b~ he~d ~ny such hearing.
(I.{'~ur~f ot:~r's agent)
7//2 (YG-)
(date .
~OTE: ThlS notice must be given to all tenants at least six:.y (60) oays
p~lor to fUing any appllcation for a tentative subdivlslon map (as
~equl~ed by the State Map Act, Section 66~52.9.
TPC-NIC IE) 6/85
The owner(s) of this building, at 848 Padfc St.
st~eet , street
Santa Monlca.
City,
wIth
Calif. 90405, plans to rile a
State, Zip Code
the Cl ty of Sar. ta Honica to convert
SlX Unlt Condominium Pro~ecti IndlVldual Ownership
(post-conversion form of tenant - owersh1p)
tel'! ta t he :nap
this
building
to
a
You shall be given notice of each hearing for which notice is requi~ed pur-
suant to Sections 66451.3 and 66452.5 of the Government Code, ard you have
the eight to appear and the r1gh~ h? a~'-1ng.
(signature of owner or own~rls agent)
?I: 2/0{;
(da'te) .
~on:: ThlS notice must be given to all tenants at least s1x~y (60) cays
prlor to filing any appllcation for a tentative subdiv'lslon map (CiS
~equlred by the State Map Act, Section 66452.9.
TPC-NIC (E) 6/85
--."
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LEGAL DESCRIPTION Lot 1J7. ut Trdct No. 5512
CASE NO
7,e-....rc J 17
- /
STREET ADDRESS_ 848 P.acific St.
ZONE
R~2
APPliCANT Tucciarone, Hibbs, McHose
DATE
(fllly/
RADIUS MAP FOR
PUBLIC
HEARING
DATE
l?[\J!\lM lNJ 0 INJ @ (Q>~(?~~ If[iq] ~lNIlr
cln 100=
S~ JlttOHac-
..
~lIM~IMI6\
R.f.,."c.,
Allo. Mop
Shut ....0
a.M.S.'90- 114
!
~ T'f At ",..-,,.,,-
e
----
-
MEMORANDUM OPINION NUMBER 91-24
DATE:
August 28, 1991
TO:
Planning Commission
FROM:
Robert M. Myers, city Attorney
Mary H. Strobel, Deputy City Attorney
RE:
TORCA Minimum Down Payment Requirements
You have asked us for an Opinion concerning the adequacy of
information regarding m~n~mum down payment provided in
applications for conversion under the Tenant Ownership Rights
Charter Amendment (nTORCAIf). Section 2002 of TORCA prov~des that
an appllcation for a Tenant-Participating Conversion shall be
complete if, among other things, it:
11 (b) Sets forth, for each tenant
occupied unit, the following sales
information:
(1) The maximum sales price for
each unit.
(2) The minimum down payment for
each unit.
(3) If seller financing will be
offered, the minimum amount to be
financed, the maximum rate of interest and
the minimum term of the loan offered by
the seller. ...If
Appllcatlons for conversions in which no seller financing
will be offered typically state that no minimum down payment will
be required or leave a blank in the minimum down payment column.
The consistent practice of the Planning Commission has been to
approve applications in which there was no seller financing
offered, and no minimum down payment specified. For example, of
37 TORCA applications approved in approximately the past 12
months, 31 contained statements that no down payment was required
or stated that no seller financing was offered and left a blank
in the minimum down payment column. At its August 21, 1991
meeting the Commission failed to approve four TORCA applications
containing such ~nformation on the basis that the applications
were incomplete, and requested that three of the applicants
return to the Commission with additional lnformation concerning
"probable minimum down payment," presumably based upon
consultation with lenders.
- 1 -
To interpret Section 2002(b) to require a seller to survey
lenders and estimate the down payment which may be required would
be contrary to rules of statutory interpretation. Where there is
uncertainty as to the meaning of a word or phrase in a statute,
the consequences of a particUlar interpretation may be
considered. Big Sur Properties v. Mott, 62 Cal. App. 3d 99, lOS,
132 Cal. Rptr. 835, 839 (1976). "An unwise intended result 1S
not to be readily implied where another construction is
possible." Id. A presumption exists to aid interpretation that
statutory provisions were not intended to produce unreasonable
results. Barber v. Blue, 65 Cal. 2d 185, 188, 417 P.2d 401, 404,
52 Cal. Rptr. 865, 867 (1966).
An interpretation that Section 2002(b) obligates an
applicant to estimate the IIprobable" down payment would be
unreasonable and unwise. An applicant would be required to
survey lenders to determine loan policies in effect at the time
of application, which information would become quickly outdated.
Even then, any estimate of "probable down payment" would be
hypothetical at best, as minimum down payment would be based upon
numerous factors such as the income and credit rating of the
intended purchaser I the terms of the loan, market condi t ions,
etc., none of which would be known to or under the control of the
applicant. Since the applicant would have to speculate as to
m1nimum down payment, such information in a TORCA application has
the potential of being extremely misleading, especially since the
tenant intent to purchase form describes the contents of the
appl1cation as "guarantees" or "promises" from the seller. (See
Section 2001 (k) .) Under established rules of statutory
construction, such an interpretation would be disfavored.
When interpreting particular words of a statute, the
substance of the act as a whole should be examined. People v.
Superior Court, 70 Cal. 2d 123, 133, 449 P.2d 230, 240, 74 Cal.
Rptr. 294, 301 (1969). There is no provision in any other
section of TORCA which indicates that the seller is required to
participate in arranging or guaranteeing any aspects of the
purChaser's financing, including determining the minimum down
payment which will be expected of the buyer. For example,
Section 2000 (k) describes the "tenant intent to purchase" form,
and states that the form shall contain SUbstantially the
following statement to be signed by the tenant: f'Signing this
form does not mean that you must buy the unit. It only means
that you currently want and intend to buy the unit for the sales
price indicated on the form if you are able to obtain
satisfactory financinq and if the application is approved. II
(Emphasis added). Clearly this section contemplates that
financing arrangements are up to the purchasing tenant.
If seller financing is not offered, the seller is expecting
full purchase price in cash. Since "down payment" connotes a
payment of less than the full purchase price at the time of
purchase (Webster's New collegiate 343 (1977)), there is no down
payment involved. Nor is the seller requiring that the purchaser
make any particular down payment to the lender- those terms would
be determined by lender and purchaser. In this situation, a
- 2 -
statement that there is no minimum down payment or leaving the
minimum down payment column blank, coupled with the statement
that no seller financing is offered, is adequate to meet the
requirements of section 2002(b). Requ~ring TORCA applicants to
supply information concerning "probable down payment" is beyond
the author~ty of the Planning Commission.
gg2
- 3 -
!
A rrAt HIIA_IIr
JULIE LOPEZ DAD
117 Pacific Street #107
Santa Monica, California 90405
213/399-4563
,
August 21, 1991
Planning Comm1ss1on Cha1r Ralph Mechur
Cornnissioners Sharon Gilpin, Don Nelson,
Rlta Morales, Jennifer Polhemus, To~ Pyne,
Paul Rosenstein
C1ty of Santa Mon1ca
1685 Maln Street
Santa Monlca, California 90401
RE: TORCA
Comnn ss ioners :
There are several TORCA appllcations before the Plan-
n1ng Comm1SS1on ton1ght, and they ra~se quest10ns about ad-
herence to the requlrements of Artlcle XX (TORCA) of the
Charter of the C1ty of Santa r~onica. Sect~on 2002 states
"P.n appl1cat1.0n for a Tenant-partlclpatlng
ConverSlon shall be complete If 1t ~eets
the followlng regulrernents:
. .
b. Sets forth, for each tenant occupled
un1t,the following sales lnfor~atlon:
. . .
(2) The minimUM down pa}~ent for
each unit.
"
It 1S my understand1ng that the appl1.Cat1ons be1ng consid-
ered ton1ght do not contaln the requ1.re~ent of a minl~urn
do~n payment ~ount. The appl1.cations are therefore not
complete and should be denled.
A wlder lssue about TORCA 1S whether these un1ts
are actually belng purchased by the tenants. G1ven the
exorbltantly high sales pr1ces and hazlness about f1nan-
cing, it seems doubtful that they are. Slnce TORCA's in-
tent was for tenants to purchase the homes 1n which they
llve, it should be determined If the actual purchasers are
the former tenants.
Please request Plannlng staff to provlde to the Com-
m~SSlon a study of all 70RCA bU11d1ngs, conta1nl~g at rnlni-
mum:
Plannlng CommiSSlon
August 21, 1991
Number of tenants who actually purchased
their un~ts;
Number of units remalnlng as rentals;
Number of TORCA buildings, nlli~ber of unlts
and addresses;
Informatlon aval1able on other purchasers
(e.g. former O~TIers of the buildlng,
lnvestors, etc.)
All of the 1nforrnatlon 15 contalned withln current
records, elther In the appllcation or other readlly acces-
slble form such as through Dataqulck, wlth the posslble
exceptlon of the last 1tem.
Thank you,
~~ &aal
Julie Lopez Dad
enclosure - Artlcle XX, Charter of the Clty of Santa Monlca
(Prop V - amended TORCA)
n .
PROPOSITION V
PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS
OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CI1Y OF SANTA MONICA, CALIFORNIA
Section 2001 of the City Charter of the City of Santa MonIca is amended to read as follows
SECTION 2001. Definitions For purposes of thiS Article, the follOWing words and phrases shall have the
following meaning
(a) Applicant. The owner of a building for which a Tenant-Participating Conversion Application 15 filed
(b) Cosignlng Tenant. Any tenant agreeing to the conversion by his or her signature on the Tenant-
Participating Conversion Appltcation who has personally occupied his or her umt continuously for a penod of
at least SIX (6) months prior to the date he or she signs the Tenant-Participating Conversion Application
(c) Disabled Person. Any person who is receiving benefits from a Federal, State, or local government, or from
a pnvate entity on account of a permanent dlsabilit~ that prevents the person from engaging In regular, fulltlme
employment
(d) Intending to Purchase Tenant. Any tenant who has personally occupled his or her Unit In the budding
continuously for a period of at least six (6) months immediately preceding the date the tenant signs a Tenant
Intent to Purchase.
(e) Limited Equity. Programs subject to the restrictIons set forth In the Health and Safety Cede Section
330075 and other programs which limit. to a SimIlar extent and a similar length of time, the owner's return at
resale For purposes of thiS Article, shared appreciation eqUity loans or simllar loans shall not be construed to
be forms of limited eqUity.
(f) low and Moderate Income Households. Persons and famlhes whose income does not exceed eighty
percent (80%) of the median gross income for Los Angeles County, adjusted for family Size as determined by
the Secretary of Housing and Urban Development and under SectIon 8(f}(3) of the Umted States Housmg Act
of 1937, as amended, or If programs under Section 8(f) are terminated, eighty percent (80%) of the median
gross Income determined under the method used by the Secretary prior to such termination
(g) Middle Income Households. Persons and families whose income exceeds eighty percent (80%) but IS
less than one hundred and twenty percent (120%) of the median gross Income for Los Angeles County,
adJusted for fa,l1lly size as determined by the Secretary of HouSing and Urban Development under Sedlon
8{f}(3) of the United States HOUSing Act of 1937, as amended, or If programs under Section B(f) are terminated,
more than eighty percent (80%) but Jess than one hundred twenty percent (120%) of the median gross Income
determined under the method used by the Secretary prior to such termination
(Ii) Owner The owner of a Qualifying BUllding
(I) Participating Tenant. Any tenant, Including both coslgnlng and non-cosigning tenants, reSidIng In the
bUIlding at the date of the approval of the Tenant~Partlclpatmg Conversion Application
(J) Price Index. The mdex for Urban Wage Earners and Clerical Workers, United States City Average, as
publIshed by the United States Bureau of Labor StatistiCS, or In the event such mdex IS discontinued any
comparable Index
(k) Tenant Intent to Purchase. A form prepared by the City to comply With State law and whIch shall be In
substantially the followmg form and substance"
STATEMENT OF TENANT INTENT TO PURCHASE
This IS a Tenant Intent to Purchase form that IS used to determine how many tenants want to purchase the
apartment units that they currently are renting
Everything that the owner guarantees or promises you In exchange for your signature, Includmg the sales
pnce, IS set forth In writing In the Tenant-Participating Conversion Application. These promises, Including the
'I' promise to sell you the unit for the price stated on the form, will be made conditlons of the approval of the
conversion and the SIgned form will become pubhc record
Signing this form does not mean that you must buy the unit It only means that you currently want and Intend
li to buy the unit for the sales pnce Indicated on the form If you are able to obtain satisfactory finanCing and If the
application IS approved.
IF, AFTER FINAL APPROVAL OF THE CONVERSION, THE OWNER REFUSES TO SELL THE UNIT AS AGREED
44.5().t. I 49
P
R
o
p
o
S
I
T
I
o
N
v
~
OR DEMANDS A HIGHER PRICE, YOU SHOULD IMMEDIATELY CONTACT THE APPROVING ATTORNEY AND
THE CITY ATTORNEY.
l/We, the undersigned, as tenant(s) of umt _ at Santa Monica, California, at the tlme of fIling of the
Tenant.Particlpating Conversion App/rcatlon of such property, do certIfy my/our mtent to purchase my/our
occupied Unit No.
INle have seen and received a copy of the Tenant-Participating ConverSion Apphcatlon which lists the
maximum sales prices for all tenant occupied units In this building and other information on the Tenant-
Participating Conversion Application to be filed with the City of Santa Momca, and thIs list indicates that the
maximum sales pnce for my/our umt is to be $
I/We further understand that this Intent to Purchase Form will be filed with the City for the purpose of
establishing the percentage of tenants that may be expected to purchase units pursuant to this ArtIcle
INle declare, under penalty of perjury, that all of my/our statements above are true and correct
(Signed and Separately Dated by Intending to Pu!chase Tenant(s) and Owner}
(1) Qualifying Building. Any bUlh;ling used for residential rental ourooses in the Cltv for which no eviction has
Qc.:;:urred oursuant to Government Code Section 7060 et sea (the Ellis Act) within a five (5) vear oenod Orlor to
the fillnq of an Application for Tenant-participatinc Conversion and for which no eViction ha!? occurred Ol,.lrsuant
to $ectlon 1 l;l06(hl of this Charter (relatma to eViction for Dumoses of owner occuoancv or occuoancv bv
relative of the owner) within a two (2) vear oefled prior to the flllne of an ApplicatIOn fer Tenant-PartlclPatme
ConverSion
(m) Senior Citizen. Any person Sixty-five (65) years of age or older
(n) Tenant. Any person who is an authonzed tenant of an owner of a residential rental bUilding for whIch a
Tenant-Participating ConverSion Application is being processed
(0) Tenant Ownership. Ownership In the form of eIther condominiums, communIty apartments, stock
cooperatives, cooperative associations, limIted eqwty stock cooperatrves or any other means authOr/zed
under State law
(p) Tenant-Participating Conversion. Any converSIOn to tenant ownership Implemented pursuant to this
Article
(q) Tenant's Sales Price. The maximum price for each unit as set forth In the Tenant-Participating ConverSion
Application.
Section 2002 of the City Charter of the City of Santa Monica IS amended to read as follows
SECTION 2002. Application for Tenant-Participating Conversion. An application for a Tenant-Participating
Conversion shall be complete if it meets the follOWing requirements:
(a) Identifies the building, and Its owner, which IS the subject of the application and contams a declaration that
such bUilding IS a qualifymg bUilding.
(b) Sets forth, for each tenant occupied unit, the following sales information.
(1) The maximum sales pnce for each Unit
(2) The minimum down payment for each unit
(3) If seller finanCing will be offered, the minimum amount to be financed, the maximum rate of Interest
and the minimum term of the loan offered by the seller
(c) Sets forth, for each Unit, the following common areas, maintenance and budget Information.
(1) The plan for the assignment and use of parking spaces.
(2) The plan for the use of all common area faCilities.
(3) The occupancy and management plans and policies
{4} A list of all repairs and alteratIons, if any, whIch will be performed before the close or the first escrow
(5) The plan for allocating costs and expenses for the buildIng
(6) A prepared monthly maintenance budget based upon actual maintenance expenses for at least the
preceding two years plus a reserve fund which states the monthly maintenance assessment for each unit
(7) The procedures for allocation and use of such reserve funds
(d) ContainS a declaration with the follOWing informatIon:
(1) That there has been a buildmg InspectIon report of the accessible portions of the entire burl ding,
includmg but not limited to, the roof, walls, floors, heating, air condltloning, plumbmg, electrical systems or
components of a similar or comparable nature, and recreational facilities of the building prepared by a BUilding
Inspection Service or SImilar agency WIthin the precedmg three (3) months.
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(2) That, for each tenant occupied umt, a written statement settmg forth any substantial defects or
malfunctions Identified in the buildmg Inspection report regarding the unit and the common areas has been
delivered to the unit or a tenant occupying the unit
(3) That, for each tenant occupIed unit, a copy of the complete bUilding Inspection report has been
dehvered to the umt or a tenant occupying the umt
(e) Sets forth the form of tenant ownership for which the apphcatlon IS submitted
(f) Is Signed by coslgning tenants occuPYing not less than two-thirds (2/3) of all the residential umts In the
bUilding If there IS more than one tenant In a unit, the signature of only one tenant shall be reqUired
For purposes of thiS subsectIOn, ~n owner of the bUlldinq shall be deemed a COSlanlOq tenant If (1) the owner
has contlnuouslv resldet;:l at thl;! bUIlding as hl~ Qr her pnncipal olace of reSidence for at least six months onor
to the date the owner beaan to soliCit tenant approval for the TORCA conversion and (2) the buildlnq has not
previously beE;!n wlthQr~wn from the reSidential rental busmi;lSs oursuant to Government Code SectIon 7060 et
sea. unless the owners were tenants m the orooertv at the tIme ofthe Withdrawal
(g) IdentifIes the coslgnmg tenants and the umts o~cupled by such tenants and hsts all other tenants known to
the owner In the bUilding and the units they occupy
(h) Contains a declaration that the signature of each cOSlgmng tenant was obtamed only after the delivery, in
writing, to such tenant of the information reqUIred In Subsections (a) (b) (c) (d) and (ei of this SectIon.
(I) Contains a declaration that a!llawful notlces have been given of the application for converSion
(J) Has attached to the application Statements of Tenant Intent to Purchase, srgned by Intending to Purchase
Tenants occupymg not less than fifty percent (50%) of the total number of reSidential Untts In the bUilding If
there IS more than one tenant In a Unit, the signature of only one tenant shall be reqUired
For purposes of thiS subsection, an owner of the building shall be deemed an mtendmQ to ourchase tenant If
(1) thi;l owner has contml,JQuslv reSided at the bUlldmQ as hiS or her oTlnClpal place of reSidence for at least SIX
months Dnor to the date the owner began to soliCit tenant aooroval for thE;! TORCA converSion and (2) the
bUilding has not prl;!vlpusry been withdrawn from the residential rental busmess oursuant to Government Code
Section 7Q60 et sea. unless the owners were tenants In the orooertv at the time of the Withdrawal
(k) Contams a declaration that 10 obtamma the slQnatl,.lrel? of coslanlOg tenants and Intendmq to purchase
tenants, the owner neither offered nor aareed to oav money or other fmanClal consideratIOn to oartlcloatmq
tenants If the tenants would release all rights that they had to purchase a rental unit In the bUlldlOq
I) Contains a declaration that 10 obtamlno the Slonatures of cosionmg tenants and mtendma to Durchase
tenants, neither the owner nor the owner's aeent or reoresentatlve coerced a tenant to sIan bv threatenmQ that
the owner, or anv sucGessor thereof. would cease ooeratmo the OfOpertV as reSidential rental property
pursuant to 90vernment Code Section 7060 et sea ("the Ellrs Act") If thE;! proposed converSion of the bUlldlnq
pursuant to thiS Article dId not occur
1ml That, for each tenant occupied Unit, a Tenant Intent to Purchase has been delivered to the Unit or a tenant
occuPYing the Unit
Section 2004 of the City Charter of the CIty of Santa Monica is amended to read as follows
SECTION 2004 Approval or Denial of Tenant-Participating Conversion Application. A Tenant-
PartIcipating Conversion Application shall be approved or denied Within the time periods set forth 10 Section
2003 ofthls ArtIcle and In accordance WIth the followmg standards
(a) A Tenant-Participating Conversion Apphcatlon, along with any reqUired tentative SUbdiVISIon map or
tentative parcel map shall be denIed If the Tenant-ParticIpating ConverSion Application falls to meet any of the
requirements of thiS Article, was the result of fraud, misrepresentation, or threat or SimIlar coerCion, or falls to
meet any mandatory reqUirements of the SUbdiVISion Map Act of the State of California
(b) A Tenant-Participating Conversion Apphcatlon, along WIth any reqUired tentative subdiVIsion map or
tentative parcel map, shall be approved If It meets the requirements of thiS ArtIcle and shall be subject to the
following condItions and no others
(1) The owner must file WIth the City wntten consent to each condition Imposed In connection WIth the
approval of a Tenant-ParticIpating ConversIOn Application The wntten consent shall be filed pnor to the
approval of any reqUired final subdiVISion map or final parcel map, or If no such map IS reqUIred, Within SIX (6)
months from the date of approval of the Tenant-Participating ConverSion Application The filing of such wntten
consent shall constltute an agreement, With the City of Santa MOnica and each participating tenant. bmdlng
upon the owner and any successors in Interest, to comply with each and every condItion Imposed In
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connection with approval of a Tenant-Participating Conversion Application The City and any participating
tenant shall have the right to specIfic enforcement of this Agreement In additIon to any other remedies
provided by law
(2) The owner shall offer and continue to offer the excluSive fight to purchase each rental UOIt In the
building to the participating tenant thereof upon the terms set forth in the application, without change. for a
peTlod of not less than two (2) years from the date of final approval by the California Department of Real Estate
or the date the first Unit in the building IS offered for sale, If no approval by the California Department of Real
Estate IS reqUired Vnl~ss ~ Pllrticipabna tenant has alreadv provided the owner with written acceotance of the
offer. the Tenant's SaJe Pnce may be adjusted at the beginning of the second year according to any change
reflected In the Price Index occutrlng during the preceding year Upon the written acceptance of the offer by
the participating tenant at any time within the two year period, escrow shall open within thirty (30) days from
the written acceptance by the partlcipatmg tenant Unless otherwise agreed by the parties, the penod of the
escrow shaH not exceed sixty (60) days.
(3) No participating tenant shall at any time after the approval of the Tenant-PartIcipating Conversion
Application be evicted for the purpose of occupancy by the owner, occupancy by any relative of the owner, or
for demolition of the unit In the event the participating tenant does not exerCise his or her tight to purchase
Within the time period set forth In thiS Article, the owner may transfer the unit Without any pnce restriction to the
participating tenant or any other person However, In the event such transfer IS to someone other than the
partlcipatlllg tenant, the transfer shall be expressly made subject to the fights of the participating tenant to
continue to occupy the umt as proVided for JO thiS Article
(4) Each unit shall at all tImes remain subject to all the terms and conditIOns of Article XVIII of thiS
Charter, except SectIon 1803(t), before, dUring and after any Tenant-Participating ConverSion If any unIt IS
rented, the maximum allowable rent for each unit shall be no greater than the maximum allowable rent allowed
under Article XVtll of t"1IS Charter
(5) The bUlldlllg may be reqUired to comply only With the applicable laws, mCludlng the bUlldmg,
safety, and zoning codes, whIch were III effect as of the date the bUIlding was constructed No new, additIOnal
reqUirements includmg, but not limited to, parkmg, room size, or lntenor or exterior Improvements of any kllld,
may be Imposed as a condition, eIther directly or Indlfectly, of the Tenant-Partlclpatmg Conversion
Notwlthstandmg the above, the City may Impose reasonable health or safety requlfements consIstent WIth thiS
Article upon such bUildings prOVided that such reqUirements umformly apply to all Similar multiresldentlal
structures In the CIty of Santa MonJca, regardless of the form of ownership of the bUilding
(6) Pnor to the approval of any reqUired subdiVISion map or final parcel map for the Tenant-Partlclpatmg
Conversion. Or If no such map IS reqUired, prior to the filing of the written consent reqUIred by SubdiVISion
(b)(1) of thiS Section, each partiCipating tenant shall be Informed In wnllng, In a form approved by the City, of
hIS or her rights under thiS Article
(7) In addItion to the protections of SubdlVlslon~ (b) (3) and (b) (4) of thiS Section
A) All non-purchaslng ParticIpating Tenants who are senior Citizens or disabled on the date of
filing the Tenant.Partlclpating ConverSion Apphcatlon and who personally occupIed a rental unit In the
quahfylng building continuously for at least six (6} months Immediately preceding the date of the filing of
Tenant-Participating ConverSion Application shall be gIVen the nonassignable fight to continue to personalty
reSide In their unIt as long as they choose to do so subject only to Just cause eVictions prOVided that the
eVIction is not for the purpose of occupancy by the owner, occupancy by any relatIve of the owner, or for
demolition of the unit In addition, should the maximum allowable renl prOVISion of Article XVIII of thiS Charter
no longer apply, the rent for each such unit shall be adjusted annually to allow an Increase of no more than the
increase In the Price Index plus a reasonable. pro rata share of capital Improvements for the bUildings
common areas or agreed to capital Improvements for the Unit Wlthm sixty (60) days after the approval of a
Tenant-Partlclpatmg Conversion Application, any senior citizen participatIng tenant who IS entitled to the
protections of thiS SubdlV1slon may deSignate In wntlng the name of one person who IS entitled to continue
liVing In the rental unit under the same terms as the senior Citizen If the semor CItizen pre-deceases him or her
and .f the person deSignated IS reSiding In the unit at the time of the death of the senIor cItizen
The person deSignated by the senior citizen must be a lawful occupant of the Unit, at least fifty-five (55) years
of age on the date of the fihng of the Tenant-PartiCipating Conversion AppllcalLon, and must have reSided in
the unit for a continuous period of six months prior to the fihng of the Tenant-PartiCIpating ConverSion
Application
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B) All other non.purchaslng Participating Tenants who personally occupied a rental unit In a
qualifymg bUilding conbnuously for at least six (6) months Immediately preceding the date filing the Tenant-
Participating Conversion Application shall be given the nonassignable nght to continue to personally reside In
theIr unit subject only to Just cause eVlcbon for a penod of five (5) years from the date the first unit IS offered for
sale No eVlcbon shall be allowed dUring thiS time penod except for Just cause provided the eViction IS not for
the purpose of occupancy by the owner, occupancy by any relative of the owner, or demohtlon of the unit In
addition, dunng thiS time penod, should the maximum allowable rent provISions of Article XVIII of thiS Charter
no longer apply, the rent for each unit shall be adjusted annually to allow an Increase of no more than the
Increase In the Pnce Index plus a reasonable pro rata share of capital Improvements for the bUilding's
common areas or agreed to capital Improvements for the unit
All nghts under thiS Subsection shall exp1re upon the termination of the landlord-tenant relationsh1p between
the owner and the participating tenant entitled to the protection of thJS Subsection
For purposes of thiS Subsection, "Just cause" means one of the reasons set forth In SubdivISions (a) through
(g) of Sechon 1806 of thiS Charter
ThiS Subsection shall be rnteroreted In accordance With Santa MOnica City Attorney Informal Opinion Number
64-57 All amendments to thiS Subsectlon are declaratory of eXlstmq I~w
(8) Non-purchasmq Partlctoatmg Tenants shall not be st,Jblect to eViction oursuant to Government
Code Section 7060 et sea ("the ElliS Act")
(9) The owner shall pay the Tenant-Participating ConverSion Tax In the manner required by Section
2008 of thiS Article
(10) No owner sh?1I close the fIrst escrow WIthout c<,:lmplehnq the repairs and alteratIons aqreed to
pursuant to SectIOn 2002(d (41 of thiS Article The time to compl~te the r~palrs and alterations may be
~xtended for a penod not to exceed nlnetv (90) days If the tenant Durcha~tnq the first I,.Inlt aqrees to the
I;!xtenslOn and the OW'1er prOVides a bond aporoved bv the California Deoartment of Real Estate In ~n amount
suffiCient to cover the cost of the work vet to be com Dieted The Buildlna Officer of the City of Santa MOnica
Il')JIY authorize a further ~xtension of time to comDlet~ the repairs and ~Iteratlons upon fmdmQ that the owner
has diligently souqht to make the repairs durmg the initial extension oenod and that additional time IS
reasonably required to complete the work
In addition to anv other remedv prOVided bv law. for each consecutive calendar day that an owner falls tn
<;;omplete the reoalrs and alterations aareed to oursuant to Section 2002Ic)(4) In a timely mi;lnner, the owner
shall be liable to the CltV 111 the amount of two hundred and flftv do\lars ($25000) for the fIrst day and on!'!
hundred dollars ($100 om per day for each day thereafter NO penalty Imposed under thiS subsection shall
exceed two (21 times the cost of the reoalrs or atteratlons that were not timely completed by the owner, but In
nq event shall the penalty be tess than $250 00
(11) Prior to the filing and approval of the Tenant.Partlclpatmq Conversion Application by the Plannlnfl
CommissIon or Cltv Council on aooeal. no Dartlcloatln(l tenant ~hall offer or aQree to release aU flahts that hf';
or she has to purchase a rental unit in the bUilding In return for receiving money or other fmanClal
conSideratIOn from the owner
(12) The reqUirements of thJS Sechon shall be set forth In the Declaration of Covenants, ConditIons,
and Restnctlons, or eqUivalent document, and shall speCifically name the Participating Tenants In each unIt
entitled to the benefits and protections of tillS Article The City shall review and approve for compliance WIth
thiS Article the Covenants, ConditIons, and Restnctlons. or eqUivalent documents, pnor to the approval of any
reqUired final subdiVISion map or final parcel map, or If no such map IS reqUired, pnor to the filing of the wntten
consent reqUired by SubdiVISion (b) (1) of thiS Section To the extent applicable, the reqUirements of thiS Article
shall be made a part of the rental agreement WIth the ParticIpating Tenants
(13) The DeclaratIOn of Covenants, Conditions, and Restnctlons, or eqUivalent document, shall contain
a non-dlSCnmlnatlon clause 10 substantially the followmg form "No unit owner shall execute or file for record
any Instrument which Imposes a restnction upon the sale, leaslOg or occupancy of hiS or her umt on the bastS
of sex, race, co for, religion, ancestry, natJonal anglO, age, pregnancy, marital status, family compOSition,
handicap, AcqUired Immune DefICiency Syndrome (A I D.S.). sexual orientatIon, or the potential or actual
occupancy of minor children The aSSOCiation shall not dlscnmlOate on the baSIS of sex, race, color, religion.
ancestry, nabonal origm, age. pregnancy. mantal status. family compOSition, handicap. ACOUlred Immune
DefICiency Syndrome (A IDS I, sexual onentatlon, or the potentIal or actual occupancy of minor children N
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(14) The approval of a Tenant-Participating Conversion Application shall expire If any reqUired final
subdiviSion map or final parcel map is not approved within the time periods set forth In the SubdivIsion Map
Act of the State of California, or If no such map IS required, If the written consent reqUired by SubdivIsion (b)(1)
IS not filed Within the required time period
Section 2009 of the City Charter of the City of Santa MOnica is amended to read as follows
SECTION 2009 Use of Tax. All monies derived from the Tenant-Participating Conversion Tax shall be
annually appropnated by the City Council for only the following purposes.
(a) In accordance With Section 2000(d) of this Article, to assist Low and Moderate Income Households In
Tenant-PartICIpating Conversions to purchase or Improve theIr units subject to an affordable repayment plan
Including interest, keyed to future income increases and gaIns on resale PriOrity shall be given to assisting
Low and Moderate Income Households In Limited Equity Tenant-Participating ConverSIons For at least the
first two (2) years from the receipt of the first payment of the Tenant-Participating Conversion Tax under thiS
Article, a substantial portion of the tax proceeds shall be used for assisting Limited Equity Tenant-PartiCipating
ConverSions
(b) Up to one-sixth of the revenues derived from Section 2008 may be used to assist MIddle Income
Households In Tenant-PartiCipating Conversions to purchase or improve their units If the CIty CounCil, by fIVe
(5) affirmative votes, determines that the needs of Low and Moderate Income Households have been fully
satisfied
(0) To assist the Crtv or a nonprofit housma development corooration to Durchase unIts. for whIch a Tenant-
Partlcloabna Conversion Aoollcatlon has been aooroved, fQr lea~~ or resale to Low, Moderate. or Mlddlp.
Income Households. prOVided that any unit so acqUired shall be 5ublE;!'ct to Iimlteo equltv resale prOVISions
iQl To pay for reasonable and necessary costs of admmistration of programs reqUired to meet the purposes of
thiS Sechon
Section 2018 IS added to the CIty Charter of the City of Santa MonIca to read as follows
SECTION 201e Prohibition 9f Non.TORCA Conversion
(a) No multifllm\ly reSld~ntlal conversion, whether bV ~ondomimum, stock cooperative, community apartment,
coooeratlve apartment, or other means, shall be approved unless It IS approved In accordance With thIS ArtIcle
(bl The General Plan ofthe Cltv shall at all times contain A orovlslon that the Tenant Ownership Rlqhts Charter
Amendment $hall be the only procedure by which, a mv1tlfamtly reSidential converSion may be approved
-145M ! 54
CP'IFIRMATION COpy
wNFIRMS COPY PREVIOUSLY
TRANSMITT~JA T~COPIER
LAWRE~CE & HARDING ON j(13jq I
tAo. ,::",:..ct""CZSIC".,lAi... '=CRPO~"'TIOI'-.I
ATTORo....lEYS AT LAV.
12S0 5.)(,1-' STR'EE-
C....PISTCPt-E:p...., .........PDING
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SA-..TA """.0...... iCA C....L1F~RN IA 9C4C:
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TELE~"""CNE r:213; 393-.0C7
t'~-"il"\: '..,- ....CZA'---
F"~CS.""'ILE 12131 "'s8-'9OS;;'
August 28, 1991
Sr-iS'r::r......A\. L STACEY
CF" -:::::~."'5E:L
Vla Telecop~er (213) 394-2962
Mary Strobel
Deputy Clty Attorney
City of Santa Monica
1685 Maln Street, Room 310
Santa Monica, CA 90401
Re: TPC No. 162; VTTM No. 50717
818 Paciflc Street
AppllcantsjAppellants: Tucciarone, McHose, Hibbs
Our File No. 707.3
Dear Ms. Strobel:
As you wlll recall, on August 21, 1991, the Planning
ComIDlssion engaged ln a lengthy dlScussion of the potentlal IDlnlmum
down payment obligations of dlsclosure for TORCA condoIDlnium
conversion applications. As you will recall, the Planning
COmID1SS10n as ~t was constituted for our partlcular appllcatlon was
unable to reach a four person maJority vote on any substantlve
mot~on or an ordinary majorlty vote on any procedural motlons, and
accordingly our applicatlon was technically denied. We have Slnce
appealed thls proJect to the c~ty Councll, and it ~s my
understanding that It wl1l be heard on September 10, 1991.
Although the above referenced TORCA appllcation does not
contemplate owner financlng, out of an abundance of caut~on, I have
prepared a proposed addenduI:1 to the Tenant-Partlclpating Conversion
Appl~catlon. The proposed one page addendum adds further details
on the dlsclosure issues relating to IDlnlmum down payment as ralsed
by the Plannlng CommlSSlon ~n lts varled dlScusslons of thlS issue.
I am wrltlng to ask your office to review thlS addenduh
and provide us with any comments you may have ln thls regard,
because the Cl ty I S tenant-partlclpatlng conversion appllcation forn
does not elaborate upon these pOlnts. One or more of these tenants
may be on or leavlng for sumner vacation, so I would like to begln
clrculatlng thls form for slgnature as soon as posslble.
LA\\'RESCE & HARDIKG
A ='ROFES:SIO"~AL CORPORATION
ArrORNEYS AT LAW
Mary Strobel
August 28, 1991
Page 2
Your prompt attention with any comments or suggestions in
this regard would be greatly appreciated.
Very truly yours,
Kenneth L. Kutcher
of LAWRENCE & HARDING
a Professional Corporation
cc: George McHose
Alex TUCClarone
Drummond Buckley
(dictated but not read)
Jill lKLTPH28 707
~
ADDENDUM TO
TENANT-PARTICIPATING CONVERSION NO. 162
FOR 848 PACIFIC STREET
This is an addendum to Tenant Partlcipating Converslon
No. 162 for 848 Pacific Street in Santa Monlca. The purpose of
thlS addendum is to clarlfy and conflrm the understanding of the
Owners and Tenants executing the Intent to Purchase Forms
concerning the minimum down payment for purposes of thls
condomlnium converSlon.
As the appllcatlon for thlS project states, no seller
financing is being offered by the owners of this property.
Therefore, the underslgned tenants acknowledge and agree that the
entlre purchase price for the unlL shall be due to owners on the
close of escrow for the sale of any unlt to a tenant. The amounts
of the optional purchase prlces are fully and accurately stated on
the TPC application.
In addltlon, for lnforrnatlon purposes only and not as a
representatlon or warranty on the part of sellers, tenants
understand that financlng for the purchase of their units may be
avallable from other lendlng sources. The flnancing WhlCh may be
avallable from these other sources may require a minlmuJl'l down
payment. The amount of such IDlnlmum down payment could depend on
a variety of factors, includlng the lending practlces of the
lender, the financial conditlon of the borrower, the type of loan
being offered, general market condltions, and many other factors.
Tenants understand and acknowledge that if the minlIDum
down payment for such a loan were 10% then the minlIDum down payment
for the purchase of thelr unlt could range from $13,900 to $20,000,
depend~ng upon the unlt occup~ed by the tenant and the appllcable
purchase prlce dlscount.
I have read and understand the foregoing addendum to
Tenant-particlpatlng Conversion No. 162.
Owners
Intendlng to Purchase Tenants
Alex Tucclarone
George McHose, Unlt #1
George McHose
Cecllla Jensen, unit #2
Llnda Hibbs
Clndy Tevlln, Unlt #5
;'" 1 LAD0H26 707
CItyof. A-rf At"Mf lIT D
Santa MonIca ~
Commumty and EconomiC Development Department
Planning and Zoning OMSlon
(213) 458-8341
APPEAL FORM
FEE. $100.00
Date F~ed
Received by
Receipt No
8 (22/&:1 I
$w
~17t44 I
Name George M::::Hose f Alex Tucc1.arone r LJ.nda Hlbbs
Address c/o Lawrence & Harding, 1250 Sixth Street, #300, Santa M:ln1.ca, CA 90401
ContaclPerson Kenneth L. Kutcher Phone (2131 393-1007
Please descnbe!he project and dooSlOflIo be appealed Tlus SlX-un1.t '!ORCA condammium converSlOn proJect
suffered a technical den1.al due to the mab1.11.ty of a five nember quorum of the Plcu:mmg
CormusS1.0n to reach a consensus vote on any substantive action concerning the proJect.
Case Number TPC No. 162; Vl'lM No. 50717
Address 848 Pacif l.C Street
Appbcant Alex Tucc1.arone. George McHose ~ T.1 nc1ri Hi hhc;
On91ool heanng date Auqust 21 f 1991
Onglnal actIOn August 21. 1991
Please state ltJe-speclflc reaSQn(s) for the appeal The Plannmq Cormu.ss1on was unable to render a
substant1ve vote because of concerns over the reau1.rement to state a rmnum1TTI rlown
payrrent. No seller financmq will be o,ffered for the mnts ill th1s bU1ldinq.
Therefore, the mim.nmm down payrrent to the seller l.S necess~;Lly the purchase prlce
for each un1.t. If buyers requlre financinq f the nnmrm.:nn down payrrent wInch theIr
lender may requlre wlll depend upon a multitude of factors, includinq the lender's
practlces, the credlt of the borrQ\ver r the rrarket cond1.t1.ons r the terms of the loan r
the pr1.ce of the unit, b'1.e availab1.11.tv of funds. and a varletv of other economic
factors. The aPPellants reserve the riaht to s'Ul?pl PT1'I1"'nt: T_n8. ~pol If'riT_10n ~nd Thp
baSls for the appeal.
Signature
.~-~ -1...:4/
II adCrtlonaJ ~e IS needed, use back ollorm
Date
Anom:;t ??: _ 1 qCIl
Kenneth L. Kutcher
Attorney for the ApphcantsjAppellants
TENAl- "'ARTICJPATlNG CONVERSION APPlICI ~ lTORCA)
I SUMMARY COVER SHEET
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S"tll::h1sI0n Map Number
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b Project Adoress
Streel# 848 Pantle: Street
CI~ Sa~ta ~on~ca
No of UMS Sn
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Zone R - 2
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Parcell
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State C2':'11:
Zip Code 90405
Tract l\".
~5i2a BOG~ 59~ ?~. 1 & 2
2 a Owner(s) Name Alex j TUCClarone I ~lnda L H1bbs, Geor"", C ~[cHose
; 11 COlpOratlon. lnch.xje names of pnnClpal stoclUlolders)
:) Address
StreetY 8'-8 PacdlC Sr '11
CI~ Santa ~onlca
C Phone ( ) 213 399-5675
(A~h Prellmmary Title Report)
State Gal::.:f.
ZJp COde 9040 'i
3 a Agent (If any) Name Ke'l.nerh L '(urcher
o Title Attcrne'! at :"aw
C Finn Lawrence & Hard1ng, a Professional Corp.
d Phone ( ) 213 - 393 -lOaf J
e Address
SITH" 1250 Sixth St , SuJ.te 300
CI~ Sa~ta Monlca State Call: :zipCodl Qnr,n;
4 Post-COnvt/'Slon Form of Ownership (Condominium, stock cooperalJY8, community ~ent, cooperallVe
assOCiation, or limited eqUity hOUSIng cooperatJve) CondD-n~iUum
5 a Unns With COSIgnlng Tenants Number Four Percent of Total Units' 66.7%
b Units With Tenants Signing Statement of Intent to Purctlas8 Three
Number Three Percent ot Tolal Umts 50%
C Vaca/lt UnItS Number Twn Percent of Total Una 3~ )~
6 a Square Footage of Budding i.liD _b ~ Footage at lot 7146
7 Rent ComroI Board StaU Form
ObtaIn a TOACA "Rent ConIroI Bo&wd CIennct Form" from Rent ConfroI, Room 202. CIty Hall, and ~ WIIh
aql!1Ca1IOn (581 atIBCI'Ied sample).
8 a. Ongmal BUlking Permit Dati (ot best IStlmatl of dati of w-..truction If no BuIdng PefITut IS on CIIy file).
Date 1 Q 'i 7 BUlkllIlg Pemllt Number B - 22298
b Oates and descnptlons of P.!~uent mOOlficaDol"6 to building cr SIl8 ~ncludlng chlr1g1$ In nllllber ot SlZI of u...ts,
J3lvng ~. non-ptnMlad s1l'l.lCtUres or unItS, 8-=) It addmonaI ~ 1$ r~red for thIS InformatIOn, put It on.
8 , 12 X 14" sheets label them "Budding HIStOl'y" and atlaCtl them to It'IlS appIlCItlOn
Roon; Add1tlOTI Clit"it"v Rnnm. unn"r deck. RU11r111"ll;! pprmlt. B-1?)17.
There 15 also a vOJ.d bU1ldJ.n~ p~rm.it(B-45474) ior a covered park1ng structure, ..
whlch was ne.ver exercJ.sed and has ex}JJ.red.
3
City of Santa \foruca
Department of COrrlmuruty & Economlc Development
CITY PlANNING DIVISION
II V~ITlTENM."T INFORMATION
....Dt No
'0 of
Bed-
rooms
Tenant Names
(name(s) of
lessee and
all adult
Occupants
length
of occu-
pancy
(months)
U) George C "\lcHos.a 48
! i) C02:c12a je'rlse:1 ~3
3 ,;") , vaca-t nia.
\....;
!. (1) Larry & C';a::le-e
Wal:ace 8'
~
5 (1) C1"1dv =e':"v~n 38
6 :"2) vacant nia
Agreed Intent
to to
Conver- Purchase
SlOn . Farm
(please signed
check) (please
check)
ves yes
=",~e s :;~e s
yes
'les yes
IPC - APP - 2
Seruor
(65
Years
of age
or
older
(please
check)
Disabled
(receIV-
mg gov-
ernmental
dIsabIlIty
(please
check)
City of Santa Montca
Department of COnUnurutv & EconOmIC Development
CITY Pl..A.t~NING DIVISION
III SELLER FI~A1\jClNG I:'-iFQRMA nON (If offered)
L nlt l\io Tenant's Name MaxImum MaxImum Early Early
Two-Year Two-Year Purchase Purchase
Purchase Purchase Discount Discount
Price With Pnce . Pnce With Price Wllhout
Improve- WIthout Improve- Improve-
ment Improve- ment ment
Package ment Package Package
(S) · Package (S) · ($) .
($) .
Geo:::-ge Vc:J.~se s::oc,ooo S195,OOC S16C~JOO 5155,000
'- Cecl~a :et'se.n S200,ODO S~9S,OOO S160,.JGG S15S,O.;}O
- 'laca-.t ria, vaca:::t
" Larr'.' .:- Char 1j.;al:"a~e $180,000 .Sl75,OQO 5144,000 s l3 9, (:-80
, Cl:1d'.' Tevlln L80.000 !l "7 5 ,{) 00 Sl'.4,00l) 5~39 tC~()-:J
6 vaca.....LL n/a, VaCii:lt
*'hn:es
1) :he Earlv Purc~ase DLscourt ?rlces are valld ior ary U~lt ~here t~e te~a~t(s:
exerClses the opt~on ~lthln thl~tv(30) cays frorr tre d~te af tje =LTI21 ~oven-
~ental a?prcval of the corVerSl0TI kno~~ as the lS5uance of t~e De~art~e,t of
Real ::.state =1.j81 Pu::,l~c Reuort, tbe "';.\hI-te 511.p", c=.nd ~~here eScTcW cl~ses LO
later than r::'r:.etv(~O) days after tbe ";';hlte Sllp" :.ssuance date
2) ~"r partlclpatl,g te,ants who elect to ,JUrchase thelr "nlts ",:ctt the I"'lJro"e'"lert:
Package, [he fa~lc~lng ~lll occur ~scrowholGer 3~211 wlth~ald ~n ese~aw 55,OOC
of the purchase PrlCe c~~l the Package :~prove~ents set forth be:ow are co~pleted,
at ~hlC~ t17e ~scrcwholder shail Jay the S5,00e to seller
The Improvenent PackageCCrS:S~softhe fol:oWl:1g
baslc Repalrs ard Alterat~ous to be ~ade to all
th~s ApP:lcation}
Inprove~ent Package
(1' addltlon ro toe
:orrb elesewbere in
:i.mprcve-rpe.....cs
:J....ltS ~s set
3
1. Repalnt rhe inter~or of t~e U,lt
Install ,ew v::.nyl flcorlng In bat~room
Install new v~nyl flcor~ng in t~e kltc~en
Recarper bedroom and 11v:ng room.
l~stall ne~ ~~~cow ccver~ngs
Clear. and serVlce wall ~eaters
~e?alr and replace bathroom and kltchen f::.xtClres
4
:.;
6
7
3) ~o owner f:nancl~g :s belug offered. Tenant5 are aware that curre,t loan pol::.c~es
of locai lenders ~ay requlre 51% of the tenants to eXerClse thelr optlon5 at
the sa~e tlme In order for tenants to quallfy for condo~lnllim loa,s
4) Ow'!:er may raise the prlces 11sted above bv anY lPcrease :.n tete Cost of Ll"lng
Index as set fort~ 1~ Artlcle L~ ore year a~ter ttle ~h::.te SllJ 13 135ued.
5) Each ~aXlmu~ Purchase Prlce l:sted above lS 0~lv valld for the te~ant whose
name lS llsted ior that U:11t
6) ~ach unlt shall have one uncovered parklng space uS~lg.ed for thelr use. :he
aS$lgnmert of parking spaces shall respect ex~stlng rlghts participatlPg
tenants have ~n regard to parklng
"'///I~ I \ ,..
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City of
SA.'T4.. \1O:'OICA
CommUIlltv and EconomIc Development Department
PlannlDg and ZonlDg D'\"IslOn
f213) 458-8341
TRACf l'OO:
ADDRESS:
50~1'
848 PacIfic Street
RESIDIE
(TIllS :;hould be a bnef .summary' not an tndex to the complete setj
CO:'l;DOML'nl~1 ARTICLES OF I~CORPORATIO:'l;
BYLAWS MD CC&Rs
l)-pe of Organization
d>SOClatlOn
'\on-profil mutual benefit corporation actmg as a condommlUm lIlanagement
2 fl.lembershlp' Each o"'ner. mcludmg subdtVlder, of a condomlDJum
3. J\.Iembershlp TerminatlOn: AutomatIc termmatlon when the member no longer holds anv mteresl m dm-
UUlt
4. Votmg Rights' Class A - all o....ners other than Declarant (one vote each) Class B - Declarant (three
votes per UDlt) Class B ceases and converts to Class A on earliest of (I) total Class A votes equal Class B
votes. or (u) second anmversary
5. ~Ianagement: The AsSOCIatIOn may not contract for profeSSIOnal management sel>"lces for a term exceedmg
one year "'lthout maJonty approval Any such Agreement md)" be tc-rmmatcd bveLlher paTtli. vnth our ...."llhom
cause, on 30 da\'s ",nlten notIce. "'lthoUl penalrv or fee
6. Project bfe: ApproXlmatel)i 30 years
7 EffectIVIty Term of and Amendments to CC&Rs: Untll partItIOn of Project or unnl DeclaratIon
re\'Oked Amendments reqUIre 75% approval of each class, generally. plus any other appropnate persons or
enUtIes
8. ~lamtenance ProvlslOns:
a. Umts: Each ov.ner I.S responSIble
b. Common Areas: Assoclauon IS responSIble
9. Damage - Repair or abandonment prm,slOns: TIed to msurance proceeds. subject to a v'ote nO[
10 rebUIld Costs of repau over and above InSurance proceed... are apportIOned between oy,ners on the blli>1S of
square footage of theu urnts
10. Descnption and ownership of condominium units: Elements of the prOject that are not o....,oed
m common "'lth other members as descnbed m the CondomlDJum Plan and deeds Includes patIOs and
balcomes
11. Description, ownership and use of common areas: The enUre project, except the urnts Each
ov.ner has an undl\lded mterest m the common area Each owner has a non-e"dU51v'e easement as to the
common area Each owner has an exclUSIve nght to use one parkmg space Parkmg spaces are allocated as
exclUSIve use areas for theu respectIve UDlts
12. Parking Space Assignment: One off-street parkmg space per urnt They mav not be sold. rented or
leased to anyone other than ov.ner or tenant or other mvn.ers
13. Restrictions:
a. Owner's Financial/Legal Status: Kone, extept only that PartIclpatmg Tenants hav.e an
exclllS1ve two-year optIon to purchase
b. Use: RestdentJa.l purposes onlv, subject to occupancy nghts of PartlCIpatmg Tenants
c. Any Restrictions on Age of Occupants: None
d. Pets: Reasonable household pets penmned
Lawrence & Hardlng
w' __ -!_ _?"I
Prepared by: ~ - J .
Kenneth L. Kutcher
Title: Attorneys for Subdivlder
Date:
M'\ij 2b) \ Cj '1 \
707\ RESUME SM
J
Cltj of Sar~3 ~o~::a
D~pa~':.'lent of ::ol"'.'lI'.:nity :'. E-;o~c:1\~-: De'lelopl~<;!r:
CITY ~LANNING DIVISION
~
~C:!CE Cf IUT~NT :C C~~i~Pj
(for ex.sti-g ~~r2rts)
LlATE
// ' ,- / "/
, I I
cftcupa~t(s) of
to tne
~treet ,
848 Paclflc St
~tre.T.
Santa \fonlCat
city
Ca1.d
state
90405
t~p cooe
The owner(~) of tn1s building,..t 84a Pac,fc St.
street . st-eet
Sa'lta 'IOH:r.ca,
City,
..,ah
Callf 90405
State, ~1p Code
the City of Sa!"t.. Honiea to convert
S:A LUlt (o,domlnlUc Prolect, InC1Vldual Ownersh:r.p
(post-conversion form of tenant - owership)
plan, to file a tel"tathe ;"lap
th1,
bullding
to
a
You sn..ll Oe given notice of each hea~1ng for which notice 15 requl~ed pur-
suant to Sections 66451.3 ard 56452.5 of the Government Code, ard you have
the right to appear and the right t~be he~ any sueh hea-Ing
_ A,v- Ii !iAXY~
(,ignatmre 0 owner or owner', agen':.)
7// <'-I Y'::
I (d..te)
NOTS PllS notice lllu,t be giver to all tenants at least six~y (50) aajS
p-~or to fUirg any app~lcat10n for a tentative subdivlslon ':lap (as
-equ\~ed by the State Map Act, Section 66~S2.9
TPC-NrC IE) 6/85
J
C1~j of San~a ~o~~ca
D!pa~~~e~t of Community & E=o~cm~= Cevelap~er:
CITY ""LANNING DI\IISION
~GrICE OF INT~N7 TO CJ~iERT
(fo~ e~~St:1g :er.~rts)
i:lATE.
To the occupantC,} of
street .
848 PaC).:lc St.
str eet
Santa '10i/::;.cal
city
Ca.cL[
'tate
90405
tip cc:!e
Ire owne~ C s) of thiS building, at 848 Pacifc St.
st~eet ~ st~eet
Santa :-Ioulca,
City,
''''1 th
Callt 90405
State, Zip Code
the City of Sarta Honica to conve~t
SlX Cnlt Condomiplun Project, Indivldua~ Ownershlp
(post-conve~slon form of tenant - owe-shIp)
plan, to file a
tertatlve 'lla;l
this
building
to
a
You shall be given notice of each hea~inl for which notice 1s requi~ed pu~~
suant to Sections 66~51.3 and 56452.5 of the Government Code, ard you have
the ~lght to appear and the r1Hht~ he:;;r,at :7Et such hea~1ng
(Irin~ture of owner ~ agent)
;./~~~/;,--C'
. (date)
;.IOH: PllS rotioe lQust be giver to all tenants at Iea:!lt six,;, (60) oays
prior to fllire; any appllcat10n for a tentat1ve sl.lbd1vlS~OJ' map [;;s
-eQul-ed by t,e State Map Act, Section 66Q52.9.
TPC-N!C ([I 6/85
J
C~tl of Santl Hor~:a
D~pa.tnert of Community & E:orom:c Develop~er:
CITY PLANNING DIVISION
~OT:CE CF I~7~NT Te C~~J~~T
.'( for. ex 4 3 t i -: g ': en art s )
L}Ht.
To ~he occupan~(3} of
"
~treet f
848 Pacl.fl.c St
~t\'"eet
Sarta t1cu1..ca J
city
CaL.:
~tate
90405
~ip CC:le
Tne owne~(') of thi' bulldirs, at 848 Pac,,:'c St.
st~eet # ~t-eet
Santa ~oaica.
City,
With
Calli 90l.{]:'l. Jlla.n~ to file a tertative :na..
State, Zip Code
the City af Sarta Monica to conv...t
SIX UnIt COndO~lnlUm ProJect, IndIVIdual OWnershl.p
(~ost-conve"'ion form 'of tenant - awe"shlp)
thi.!
building
to
a
You shall be given notice of each hea-ins for which notice is -equl-e~ ~u-_
suant to Sections 66QS1.3 and 56QS2.S of the Government Code. ard ya~ have
the -ight to appear and the rlghth b_e hjd ~ hea.iflg
({(~u~e af awner or o~erls agent)
7/!;/(;-,.~
, (date
NOT:: I'us notice [Qust be givel" to all tenants at least si x:y (6:)) (;;;:'
p.~or to fllir! any app!.l::ation fo~ a tentative subdivls~on CIlap ~;;s
.equi~ed by the State Hap Act, Section 66Q52.9.
TPC-N:::C IE) 6;95
J
C~ti of Sant3 Mor~:a
Departllent of Community & E::oromlc Ce'alopl'e~~
CITY DLANNING DIVISION
~C!::E OF IN7~~1 TC CON~~~T
([o~ ex.Sti1g ~en2rts)
.." -~
:lATE.
..
To t~e occupa~t(') of
5
street ,
848 Paciflc St. Santa MonIca, Callf
street city state
90405
zip co:!e
The owner( s) of this building, at IHIl Panfc St.
st~eet f street
Sa,ta Monica,
City,
with
Callf 90405 I plans to fHe a tertative '!lap
State. "Zip Code
the City of Sarta Monica to conve..t
S 1." [TIlt Co..,doninlun Pro,] ec t I IndiV1.d1;al OwnersPIp
(post-conversion form of tenant - oWe~ship)
this
buHdlne:
to
a
You shall be given notIce of each hearing for which notIce is requip~j ~up-
suant to Sections 66ijSl.3 and 56452.5 of the Government Code, ard you have
the right to appear and the
ri8ht)Jd;; h:? a~aring
(Signatu"e of owner or oWn~r's agent)
-/ ~ ..-
/1 '<--" / c:. /
( ( \
I (da'te)
~QT:: T~lS nottce must be giver to all tenants at least s1x,;? (60) :Jays
prIOr to flItrg any appllcat10n fo" a tentative subd1vls~on llap ;as
requl~ed by t1e State Hap Act, Section 66452.9.
TPC-N:C lEI 6/85
lP~~lMD~@ (Q>~l?~rnjj~~~ir
ern of
S~~Jk.,..;C"
. c.:.\U;:O~MI~
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...fO....L DI!SCAlPTION lot lJ7. uf T~Jct No
5512
STREET ADDRESS 848 Pfeifie St.
APPlICANT TULe Laroll" r Hibb" I "l<.-Hos"
RADIUS MAP FOR
~
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CASE NO
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DATE
PUBLIC
HEARING.
DATE
..t.'''''C''1
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