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SR-12-B (26) e e 1c2~ /I--/)~ -I '3 CA:RMM:rmsor City Council Meeting 11-15-83 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROr-t: CIty Attorney SUBJECT: Findings and Conditions in Connection with Approval of Tentative Tract Map Number 37984, Conditional Use Permit Number 358, and Development Review Number 207 (63l-705 Bay Street) At its meeting on November 8, 1983, the City Council approved Tentative Tract Map Number 37984, Conditional Use Permit Number 358, and Development Review Number 207 and directed the City Attorney to return on November 15, 1983, with findings and conditions. RECOMMENDATION ... ~ It is respectfully recommended that the City Counc~l make the following findings, decision, and conditions in connection with Tentative Tract Map Number 37984, Conditional Use Permit Number 358. and Development Review Number 207: FINDINGS 1. The subject property is a sixteen (16) unit apartment building located at 631-705 Bay Street, Santa Monica, California. The subJect property is zoned R-2. The huilrting IS commonly known as La Belle Monlque. / 2 -/3 1 / I - I J......I .3 e e 2. B1IIie Z. So r re 1 ("Sorrel") purchased the subject property on July 31, 1964. 3. Commencing in the latter part of 1978, Sorrel commenced the process of "renovating" the subject property. Sorrel refinanced the sUbJect property on numerous occasions and performed substantial improvements to the building. 4. In January 1979, Sorrel gave eviction notices to nIL tenants of the subject property. 5. On Apr11 10, 1979, the electorate of the City of Santa Monica added Article XVIII to the Santa Monica City Charter ent1tled "Santa Mon1ca Rent Control Charter Amendment ("Rent Control Law) . " The Rent Control Law regulated, amonq other th1nqs, the circumstances under which tenants could be lawfully eV1cted and the circumstances under which landlords could remove rent controlled apartments from the market by demolit1on, conversion and other means. ..... 6. In conjunction with the renovations to the suoJect property, Sorrel filed Petition For Rent Increase 0079 on August 29, 1979, seeking rent increases for all units pursuant to the standards and procedures set forth in Section 1805 of the Santa Monica C1ty Charter. 7. On December 17, 1979, the Santa Monica Rent Control Board granted rent increases for all units ranging hetween $332 and S487 per un1t. The Board also granted cond1t1onal authorlzat10n for rent 1ncreases based upon $163;000 1n proposed capital improvements. 2 e e 8. On August 1, 1980, Sorrel f~led an applicat10n for Removal Perm~t No. 059R pursuant to Section l803(t) of the Santa Monica City Charter. On May 28, 1981, the Rent Control Board denied Removal Perm1t No. OS9R based upon findings that the removal of these controlled rental un1ts would adversely affect the supply of affordable housing in the City and that Sorrel could make a fair return by mainta1ning the units as rental apartments. 9. On January 7, 1981, Sorrel filed Petition For Rent Increase 0471 seeking additional rent increases for all the units at the subject property. On May 28, 1981, the Rent Control Board denied any rent lncreases. 10. On August 25, 1981, Sorrel filed a Petltion For Writ Of Mandate 1n Los Angeles Super10r Court, B1l11e Z. Sorrel v. Rent Control Board, et al.; LASC Case No. C 379899. On January 14. 1982, Judge John L. Cole lssued an Alternatlve Writ of Mandate in the case. ~ 11. On June 9, 1982, Sorrel filed a petition for relief pursuant to Chapter 11 of the United State Bankruptcy Code; Case No. LA 82-09514-RO. 12. On August 3 and 25, 1982, a trial was conducted in Case No. C 379899 in Department 88 of Los Anqe1es Superior Court, Judge Leon Savitch presiding. On January 31, 1983, Judge Savitch aranted a peremptory wrlt of mandate compellinq the Rent Control Board to set aSlde lts prior decision in Petition For Rent Increase 0471 and remanded the case for further proceedings pursuant to the recently adopted Regulation 4100. 3 e e 13. On March 31, 1983, the Rent Control Board filed a Not1ce of Appeal in the case. On April 19, 1983, Sorrel filed a Not1ce of Cross-Appeal in the case. 14. Pursuant to the court ordered remand, Sorrel refiled a new Petlt10n For Rent Increase 1-0665 in conJunction with a new applicatlon for Removal Permit 103R-B. On June 2, 1983, the Rent Control Board voted to arant Removal Permit l03R-B. The Rent Control Board adopted f1ndings of fact and conclusions of law in support of this determination in a Not1ce Of Decision Of Rent Control Board. 15. Sorrel flIed a Notice of Intent to Convert the subject property with the Santa Monica Planning Department on July IS, 1983. Sorrel also flled an applicat10n for Tentative Tract Map Number 37984, Conditional Use Permit Number 358, and Development Rev1ew Number 207. 16. On October 17, 1983, the Santa Monlca Planning Commission ~ denied the application for Tentative Tract Map Number 37984, Conditional Use Permlt Number 358, and Development Review Number 207. The denial was based upon the fact that the proposed conversion was inconsistent with Proqram 25 of the Housing Element of the General Plan as adopted on January 25, 1983. Program 25 of the Housing Element limits the conversion of rental un1ts to market rate condomlniums until the number of rental units demolished or converted in 1978 and 1979 are replaced. The Planning Commission found that the units removed in 1978 and 1979 had not heen rep1acen as of October 17, 1983. Sorrel filed a timely appeal of this decision. 4 -e e 17. On November B, 1983, the City Councl1 considered Sorrelts appeal. The City Council voted to grant the appeal thereby reversing the actions of the Planning Commission and approving Tentat1ve Tract Map Number 37984, Conditional Use Permit Number 358, and Development Review Number 207. 18. Although Tentative Tract Map Number 37984 is inconslstent wlth the Housing Element of the General Plan, and although under normal Clrcumstances the tentative map would be requlred to be disapproved under the Subdivision Map Act, the City Council determines that approval of tentative map is approprlate for the following reasons: a. Prior to the adoption of the Housing Element, Sorrel incurred suhstantlal expenses to obtain a removal permit from the San~a Monica Rent Control Board for the purpose of condomlnlum conversion. A removal permit is a condltion precedent to obtalning the right to convert an apartment building to condominlums in the City of Santa Monica. ~ ~ h. Sorrel is the only landlord who sought a removal permlt for purposes of condominium converson prior to the adoption of the Cityls Housing Element. c. All of Sorrells tenants consent to the conversion and deSlre to purchase thelr units. d. The converslon will not result in the dlsplacement of tenants. Because of the singularly unique circumstance in WhlCh Sorrel is placed, the dec1sion with respect to Sorrel wlll have no precedent and will not encourage the 5 e e displacement of tenants in other build1ngs through other conversion activity. e. Because application of the newly adopted Housing Element to Sorrel would possibly result in an unconstitutional application to Sorrel since Sorrel faces 10s9 of the property and may not, 1n the determination of the Rent Control Board, earn a fa1r return if the unit remains a rental unit, the City Council hel1eves 2n this one instance the Housing Element should not be applied. The City Council believes that it is unlikely to encounter such a unique situation in the future and that all future applicants will be required to comply with the Housing Element. 19. Conditional Use Permit Number 35B is consistent with Municipal Code Section 9122 1n that the proposed building meets the standards for conVerS1on set forth in Mun1cipal Code Section 9l22F. 20. Development Review Number 207 is consistent ~with Ordinance Number 1251 (CCS) and will not preJudice the ability of the City to adopt a land use element. DECISION Based upon the foregoing findings, the City Council of the C1ty of Santa Monica approves Tentative Tract Map Number 37984, Conditional Use Permit Number 358, and Development Review Number 207 subject to the following condit1ons: 1. In accordance with Municipal Code Section 9l22E(3), condominium agreements shall contain, but not be limited to, 6 e e adequate provlsions for maintenance, repair, and upkeep: provisions that in the event of destruction or abolishment, reconstructlon shall be in accordance with codes in effect at the tlrne of such reconstruction; and provisions for dedication of land or estahl1shment of easements for street widen1ng or other publ1c purpose. 2. The CC&R's shall include aqreement by the subdiv1der that the following shall be guaranteed by the subdivider: a. Common area items, including but not limited to, the roof, plumhing, heating, air-conditioning, and electrical systems, unt11 one (1) year elapses from the date of the sale of the last individual unit sold. b. Items provided or installed within individual unlts ~ the sUbdlvider, including but not limited to, appliances. f1xtures, and faCllities, for a period of one (1) year from the date of close of escrow of each individual unit. ~ 3. The CC&R's shall prov1de that the non-subdivider owners have the rlght to select or change the management group or the homeowner assoclatlon ninety (90) days after sale or transfer of title of fifty-one percent (51%) of the units: the subdivider agrees not to change the CC&R's submltted to obtain approval of a project without the consent of the Planning Commission: and subsequent owners agree to make no changes in the CC&R1s imposing non-d1scriminat1on restr1ctions without the consent of the Plannlng Commisslon. 4. The subdivider shall subm1t an estimate of and quarantee the maintenance costs for a period of twelve (12) 7 e e months beginning at the close of escrow on the first _"t.,r..,.l~v ('t-"}:) ,.,,1""1............1....10' -~-.- -- - --- ~N;l"\t"'Ii;l""if"'t .::.+- - - -:1--------- ~ 4-'h"" -:::!.cee ,,~ ftl3''''' .,...."I..r """"'" ....1-...e!I. --- - ----~- ----- fi~~ units sold, the subdivider to be responsible for all costs of normal maintenance in excess of the esti~ate. 5. No tenant of the subject property on the date of approval of the tentative map shall be evicted, except for good cause, until written notice of not 1es8 than one (1) year from the date of tentative approval has been g~ven to all tenants to locate alternative housing. 6. Parklng shall be assigned to and travel with each unit at a ratio not less than one space per unit and all tandem spaces shall be assigned to the same unit as the independently accessible space compr1s~ng the other half of the tandem arrangement, such assignment to be included in the CC&Rs. 7. Each tenant, and each person applying for the rental of a un~t in such residential real property, has, or will have, rece1ved all applicable notices and rights now or herea~ter required by the Subdivision Map Act, including the notice required by Government Code Section 66452.8. Each tenant shall receive 10 days' written notification that an application for a publ~c report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on reques t. The wr1tten notices to tenants shall be deemed sat1sfied if such notices comply with the legal requ1rements for serv~ce by mail. 8 e e 8. Each of the tenants of the proposed condominium has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. 9. Each of the tenants of the proposed condominium has been, or will be, given lAO days. written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. ThiS requirement shall not alter or abrid~e the rights or obllgations of the parties in performance of thelr covenants, including, but not llmited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. 10. Each of the tenants of the proposed condominium has been, or w111 be, given notlce of an exclusive right to contract for the purchase of hlS or her respective unlt upon the same terms and condltions that such unlt will be initially offered to the general publlC or terms more favorable to the tenant. The right shall run for a period of not , less than 90 days from~the date of lssuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exerClse the right. 11. Prior to submittal of the final map, the subdivider shall certify that the structural, electrical, fire and life safety systeMS of the structure are in a condltion of qood repair and maintenance. 12. Prlor to the submittal of the final map, the subd1vider shall certify that the plumbing 15 in sound cond~tion, 9 e e that all hot water heaters are insulated, that all pip~s for circulating hot water are 1nsulated unless the Building Officer determines that such insulation is infeasible, that the property has adequate and protected trash areas, and that the property has ind~vidual gas and electr1c meters unless the Building Officer determines that indiv1dual metering is inadvisable or impractical. 13. The CC&Rs shall contain a non-discrimination clause in substantially the following form: No unit owner shall execute or file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of h1S or her unit on the baS1S of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, or the potential or actual occupancy of minor children. A ~ condomin1um association shall not discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family actual composit1on, or the potential or occupancy of minor children. 10 e .e 14. The CC&Rs shall be approved by the City Attorney for compliance w1th the conditions set forth above. PREPARED BY: Robert M. Myers, City Attorney , ~ 11 e e ," RESOLUTION NO. 6865 (CCS) (C~ty Counell Serles) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTI~G AND APPROVING SUBDIVISION ~~p OF TRACT ~O. 37984 THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTIO~ 1. That the Map of Tract No. 37984 In the C1ty of Santa Mon1ca be and the same hereby accepted and approved. SECTION 2. That the City Clerk hereby 25 author~zed and d~rected to endorse upon the face of 5ald Map thlS order authent~cated by the Seal of the C~ty of Santa Monlca. SECTION 3. That the Clty Clerk shall certlfy to the adopt~on of th15 Resolutlon, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FO&~: fL.:r-1).L. J~- lo^-"\.. \~'t--- Robert M. Myers V Clty Attorney .. e e "Jo "" Adopted and approved this 22nd day of May. 1984. /,~-----, ~- - - :4 / .' ~- - (~/L. ~ _:_ ".. Mayor I hereby certify that the foregoing Resolution No. 6865(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on May 22, 1984 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, Jennings. Press. Reed, Zane and Mayor Edwards Noes: Councilmembers: None Absent: Counci1members: None Abstain: Councilmembers: None ATTEST: (lL-,1 >>z4j~ Ci ty Clerk .