SR-05-27-1980-8E
CA:SSS:b1
Council t',4eeting 05-27-80 Santa i'Qonica, Cali z'ornia
STAFF REPORT
T0: `~?ayo~° and City Council
r^ROM: City Attorney
SUBJECT: Revised Condominium Conversion Ordinance
IPiTRODUCTI0i3
At the April S, 1980 meeting, Item 10A, the City Council
directed the City Attorney to prepare a revised condominium
conversion ordinance based on the Planning Commission's
recommendations, with two changes. This report transmits and
anal:~zes the ordinance.
ANALYSIS
Legality., The City may, under its home rule ootivers over
the -use of land, require a,condtional use perriit nor cordo-
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HaY a ~ lssa
minium conversions. 9 "conversion" occurs when the first unit
is sold. Civil Code § 783; County of Los Angeles .v. Hartford
Indemnity Co., 3 Cal. App. 3d 809, 83 Cal. Rptr. 7??C (1970).
The City may also, under the Subdivisicr.4ap Act u late
the design and improvement of land subdivisions by local
ordinance. Government Code § 66h11.
The terms "design" and "improvement" are defined in the Act,
a::^.d include measures necessary to insure that the cro,iect is
deve'oped in conformity ,with t:ie General Plan ':C y65418(9)• 6t?~?(^~
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'yhe 4ttGrne=; !seneral has +_'aleo that .^-C C`~:~e C'^..nor.?_.. _aCtGr3 arm
2nCOmPass°d `.Ji`_^_i Y:- t'f11S a~l~ieCt O:' ~9'll-~~`,l^n. ~~ ~^, riv ~t_.
_.. order 1 p .. .,~ ~~~ di5a _.^`i .,._ ft' 2 :A~u_' >_:Jn '`_*' _ ~1.~.
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condominium conversion for failure to comply with a local
ordinance, the Housing Element of the City's Plan must contain
specific policy criteria directed toward conversions. G.C.§o6427.2
The proposed ordinance is thus founded on both local
police power and state statutory authority. In order to be
effective as a regulation of subdivision maps, the Housing
Element must be amended to incorporate a conversion policy
with definite and specific objectives.
The Proposed Ordinance. The ordinance revises the City's
Condominium Law. Sections 9122 and 9123 are `repealed and
replaced by a new Section 9122. Sub-sections A through E apply
to both new constructions and conversions;. F and G apply only
to conversions; H through Q'; to be considered as':a separate
item, apply only to new condominiums.
A. Findings and Intent. This section finds that condo-
miniums and the like differ from apartment houses and should
be treated differently
B. Community Apartments and Co-operative Apartments.
This section makes community apartments and co-operative apart-
menu subject to the same regulations as condominiums, except
as described in Section G.
C. Conditional Use Permit Required. This section
requires a conditional use permit under Section 9148 before a
person may lawfully proceed in any way w;th development o' a
condominium project. The provision replaces the existing
"condominium permit" and "condominium conversion permit"
racuirements.
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D. Condominium Development Standards. This section
states six specific standards that must be reviewed and
approved before approval of any condominium project:
1. Overall impact on community facilities, energy
usage, and resources.
2. A detailed development plan of the project,
including structures,. parking layout, access
areas, and exterior elevations and treatment.
3• A detailed landscaping plan.
4. A detailed lighting plan.
5. A copy of Conditions,. Covenants, and Restric-
tions or other Condominium Agreement setting
forth the occupancy and management policies
for the project.
6. Provisions for the dedication of land or
easements for street widening, public access
or other necessary public purpose.
E. Ninimufi Requirements. This section states three
requirements for condominium projects:
1. Except for condominium conversions, two cff-
street parking spaces per unit shall be provided.
The spaces must be located within the same
structure as the corresponding dwelling units
and shall be included in the ownership of the
units. Parking spaces may not be transferred
to non-owners.
c. Unless otherwise required by the Planning
Commission or City Council, yard and height
requirements shall be provided in accordance
with established restrictions for the zoning
district in which the project is located. `L'his
section does not apply to conversicns.
3• Condominium agreements must provide for adequate
maintenance and repair, for reconstruction of
destroyed property, and for dedication of land
or easements for public purposes.
_ Condominium Cor_versions. This section states 14
~anaat0r7 COnditlCriS pre~ed2nt t0 a00rCV3l of CO^.dO~i^iu^:
COngargiOnS:
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1. Rent Control Board approval.
2. Notiee to tenants bf intent to convert. The
notice must be given before Notice of Intent
to Convert is filed with the Planning Department.
3. A Notice of Intent to Convert. This must be
filed with the Planning Department before filing
a Tentative Tract Map and Conditional Use
Permit application; it must include a Building
Report prepared by an inspection service. The
report must contain detailed information,
including: Date of construction, repairs and
renovations, building conditions and code
violations, rent information, estimated selling
price, proposed CC&R's, and a Tenant Relocation
Assistanc° Plan.
4. A Conversion. Report prepared by the Planning
Department. This must be prepared within 60
days after the applicant files its notes it
must contain staff recommendations, proposed
conditions, and supportive reasons. The report
must- be prepared before a C.U.P.,applicatien or
Tentative Tract Map is accepted for'filing.
5. Notice to tenants of all public hearings; notibe
to new tenants of the pending conversion prior
to occupancy.
6. One and one-half off-street parking spaces per
unit, except that a lesser amount may be provided
for units providing access to handicapped persons.
There is no allowance for tandem parking.
7. Structural, electrical., fire and life safety
systems in good repair.
8. Sound plumbing, individual utility meters, adequate
trash areas.
9. CC&R's that guarantee for one year ccmmon area
items and appliances provided by the subdivider.
10. CC&R's that permit non-subdivider owners to change
the management group, and require Planning V
Commission approval for changes of original
CC&R conditions and changes imposing age
restrictions on occupants.
11. Estimated first-year maintenance costs and
guaranteed subdivider responsibility °er cos~s
in excess of the estimate.
12. Written nOt1Ce Of ., least G!^e ear __.,... ;_.2 datE
Of ten'G at'_Ve apnr^Val _cr tenan i,5 `.n ^e1GCai, _,
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13• A City rental-housing vacancy rate of more than
;% for 90 days prior to approval. An exception
is provided. where a rental unit is added for
each unit removed. Staff recommends that the
calculation of the vacancy rate be Left to the
Planning Commission, which shall use the best
available data, including that compiled by
Rent Control Board and SCAG.
i4. Other requirements deemed necessary by the
Planning Commission or City Council.
G. Exceptions for Low-Income Projects. This section permits
waiver of the minimum requirements of Section F to conversion
projects involving the City and limited equity co-operatives
and similar non-profit projects designed to provide housing
for persons of low and moderate income.
The remainder of Section 9122 will contain standards
2pplicable to new ebadominums.' Sectioh 4123 will be reserved
for future use.
.ALTERNATIVES
The .Council may introduce the ordinance as drafted, modify
it, or reject it. The Council may wish to consider adoption
of a section concerning vested rights, or may leave this question
to administrative or judicial determination.
RECOP~II~4ENDATION
It is respectfully recom.•nended that the Council introduce
the proposed ordinance as drafted. If the ordinance is int^n-
duced, the Council should direct the Planning Ccmmission to
consider the adoption of speci_'ic policies directed toward
condominium conversions in conjuncticn t~rith t're planned revision
of the Housing Element of the General Plan.
Prepared By: Stephen S. Stark
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