O2311City Council Meeting: May 11, 2010
Santa Monica, California
ORDINANCE NUMBER 2311 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE DEFINITION OF A "COOPERATIVE APARTMENT"
SUBJECT TO THE SUBDIVISION REGULATIONS OF THE SANTA MONICA
MUNICIPAL CODE AND PROVIDING FOR AN OCCUPANCY PERMIT FOR
PROPERTY OWNED AS AN UNDIVIDED INTEREST OF LAND COUPLED WITH THE
UNRECORDED AGREEMENT FOR THE EXCLUSIVE RIGHT OF OCCUPANCY OF
FOUR OR FEWER UNITS FOLLOWING WITHDRAWAL UNDER THE ELLIS ACT
WHEREAS, the regulation and control of the design and improvement of
subdivisions are vested in the legislative bodies of local agencies pursuant to
Government Code section 66411; and
WHEREAS, Santa Monica Municipal Code Section 9.20.02.050(g) defines a
"Cooperative Apartment" subject to the City's authority to regulate subdivisions pursuant
to Government Code section 66411; and
WHEREAS, the City desires to amend its definition of "Cooperative Apartment" to
provide that the number of project units in which an undivided interest in land is coupled
with the exclusive right of occupancy of any unit located thereon, when such right does
not appear on the face of the deed, is more than four units; and
WHEREAS, the proposed amendment of the definition of "Cooperative
Apartment" requires that. Santa Monica Municipal Code Section 4.32.130(c) be
1
amended to clarify that property owned as d tenancy in common coupled with the
exclusive right to occupy four or fewer units, where such right to occupancy is
unrecorded, may qualify for an occupancy permit following withdrawal pursuant to the
Ellis Act; and
WHEREAS, these amendments will align the subdivision requirements of local
law for this type of subdivision with the tentative and final map requirements of the state
Subdivision map Act,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.20.02.050 is hereby
amended to read as follows:
9.20.02.050 Definitions.
The following words or phrases as used in this Chapter shall have the
following meanings:
(a) .Advisory Agency. A designated official or an official body charged
with the duty of making investigations and reports on the design and
improvements of proposed divisions of real property.
(b) Air Space Lot. A division"of She space above or below a lot, or
partially above and below a lot, having finite width, length, and upper and lower
elevations, occupied or to be occupied by a use, building or .portion thereof,
group of buildings or portions thereof, accessory buildings or portions thereof, or
z
accessory uses. An air space lot shall be identified with. a separate and distinct
number or letter on a final subdivision or parcel. map recorded in the office of the
County Recorder
(c) Block. The area of land within-a` subdivision which area is entirely
bounded by streets, highways or ways, except alleys, or the exterior boundary or
boundaries of the subdivision.
(d) Community Apartment. A project as defined in Business and
Professions Code Section 11004 in which an undivided interest in the land is
coupled with the right of exclusive occupancy of any apartment.
(e) .Condominium. An estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together with a
separate interest in space in a residential, industrial or commercial building on
such real property, such as an apartment, office, or store. A condominium may
include, in addition, a separate interest in other portions of such real property.
(f) Conversion. The creation of separate ownership of existing improved
real property together with a separate interest in space of residential, industrial or
commercial buildings thereon. A conversion may be accomplished by
condominium, stock cooperative, community apartment, or cooperative
apartment.
(g) Cooperative Apartment. Pursuant to the City's authority to regulate
subdivisions not regulated by the Subdivision Map Act as authorized by
3
Government Code Section 66411, a project of more than four units in which an
undivided interest in land is coupled with the exclusive right of occupancy of any
apartment located thereon, whether such right is contained in the form of a
written or oral agreement, when such right does not appear on the face of the
deed.
(h) Design. Street alignments, grades and width; drainage and sanitary
facilities and utilities, including alignments and grades thereof; location and size
of all required easements and rights-of-way; fire roads and fire breaks; lot size
and configuration; traffic access; grading; land to be dedicated for park or
recreational purposes; and such other specific requirements in the plan and
configuration of the entire subdivision as may be necessary or convenient to
insure conformity to or implementation of the General Plan or any adopted
specific plan.
(i) Final Map. A rnap showing a subdivision for which a tentative and final
map is required by this Chapter, prepared in accordance with the provisions of
this Chapter and the Subdivision,Map Acf and designed to be recorded in the
office of the County Recorder.
Q) Final Parcel Map. A final map for a parcel.
(k) ..Final Subdivision Map. A final map for a subdivision.
(I) General Plan. The General Plan of the City of Santa Monica.
a
(m) Improvement. Streef vVork, storm drainage, utilities and landscaping
to be installed, or agreed to be installed, by the subdivider on the land to be used
for public or private streets, highways, and easements, as are necessary for the
general use of the lot owners in the subdivision and local neighborhood traffic
and drainage needs as a condition precedent to the approval and acceptance of
the final map thereof; or to such other specific improvements or type of
improvements, the installation of which, either by the subdivider, by public
agencies, by private utilities, by any other entity approved by the local agency or
by a combination thereof, is necessary to insure conformity to or implementation
of the General Plan or any adopted specific plan.
(n) Lot. A parcel or portion of land separated from other parcels or
portions by description, as on a subdivision or record of survey map, or by metes
and bounds, for purpose of sale, lease, or separate use.
(o) Lot Line Adjustment. A minor shift or rotation of an existing lot line or
other adjustments where a greater number of parcels than originally existed is
not created.
(p) Merger. The joining of two or more contiguous parcels of land under
one ownership into one parcel
(q) Subdivision Map Act. The Subdivision Map Act of the State of
California.
s
(r) Parcel Map. A map showing a division of land of four or less parcels
as required by this Chapter, prepared in accordance with the provisions of this
Chapter and the Subdivision Map Act.
(s) Peripheral Street. An existing street whose right-of-way is contiguous
to the exterior boundary of the subdivision.
(t) Remainder. That portion of an existing parcel which is not included as
part of the subdivided land.. The remainder is not considered as part of the
subdivision but must be shown on the required maps as part of the area
surrounding subdivision development.
(u) Stock Cooperative. A corporation as defined in Business and
Professions Code Section 11003.2 which is primarily for the purpose of holding
title to property if shareholders receive the right to exclusive occupancy in a
portion of property and whose right to occupancy transfers concurrently with the
transfer of an interest in the corporation.
(v) Subdivider. A person who proposes to divide, divides, or causes to
be divided real property into a subdivision for the subdivider or for others; except
employees and consultants of such persons or entities acting in such capacity,
are not "subdividers."
6
(w) Subdivision. The division, by any subdivider, of any units or unit of
improved or unimproved contiguous land shown on the latest equalized County
assessment roll as a unit or as contiguous units for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered as
contiguous units, even if it is separated" by 'roads, streets, utility easements or
railroad rights-of-way. Subdivision includes a condominium project, as defined
herein or in California Civil Code Section 1351(f), a community apartment project,
as defined herein or in California Civil Code Section 1351(d), a stock
cooperative, as defined herein or in California Civil Code Section 1351(m), a
cooperative apartment as defined herein, or two or more air space lots as defined
herein. Any conveyance of land to a governmental agency, public entity, or public
utility shall not be considered a division of land for purposes of computing the
number of parcels. "Subdivision" does not include anything excluded from the
definition of subdivision in the Subdivision Map. Act unless otherwise provided for
herein.
(x) Subdivision Map. A map showing a division of land of five or more
parcels as required by this Chapter, prepared in accordance with the provisions
of this Chapter and the S~.abdivision Map Act.
(y) Tentative Map. A map made for the purpose of showing the design
and improvements of a proposed subdivision and the existing conditions ih and
around it.
(z) Tentative Parcel Map. A tentative map for a parcel.
(aa) Tentative Subdivision Map. A tentative map for a subdivision.
(bb) Zoning Ordinance. Chapter 9.04 of the Municipal Code.
SECTION 2. Santa Monica Municipal Code Section 4.32.130 is hereby
amended to read as follows:
4.32.130 Permits necessary for occupancy of property following withdrawal
pursuant to the Ellis Act.
(a) No property or rental units therein which have been withdrawn pursuant to
the Ellis Act, Government Code Sections 7060 et seq., shall be subsequently occupied
unless an occupancy. permit is obtained in accordance with the provisions of this
Section.
(b) An occupancy permit for commercial occupancy of a property or any rental
unit therein shall be granted by the Planning Director if the following findings are made:
(1) The occupancy is in conformity with the General Plan.
(2) The occupancy is in conformity with the Comprehensive Land Use and
Zoning Ordinance.
(c) An occupancy permit for residential occupancy of a property or any rental
unit therein may be grarited:
s
(1) By the Planning Director, if the Planning Director finds that no more than one
unit on the property will be occupied by owners of the property. In such situation, other
units on the property may be occupied, provided such occupants do not have any
ownership interest in the property and do not pay rent as defined in Section 1801(f) of
the City Charter.
(2) By the Planning Director, if the Planning Director finds that the property or
rental unit therein is to be used for multifamily rental housing, and the Rent Control
Board has certified that the owner has complied vvith the requirements set forth in
Government Code Se~~tions 7060.2 and 7060.4 and with applicable regulations
promulgated by the Rent Control Board.
(3) If the property is to be used as a cooperative apartment as defined in Section
9.20.02.050, a subdivision map is obtaihed in accordance with Chapter 9.20 of Article 9
of this Code, and a conditional use permit is obtained in accordance with the
requirements of Section. 9.04.16.02.010, except that subsections (a), (b), (e), (h), and
(i)(2) shall not apply, and except that the requirements regarding a Tenants' Notice of
Intent to Convert and Tenant Relocation Assistance Plan contained in subsection (c)
shall not apply.
(4) By the Planning Director, if the Planning Director finds that the property is
owned as an undivided interest in land and is coupled with the exclusive right of
occupancy of four or fewer units located thereon, whether such right is contained in the
form of a written or oral agreement,: wheri such right does not appear on the face of the
deed.
9
The Planning Director shall make a written report to the Planning Commission
and the City Council Nlithin five (5) days of approving or conditionally approving an
occupancy permit pursuant to this Section. Any decision of the Planning Director
approving, conditionally;approving, or denying an occupancy permit may be appealed to
the Planning Commission in accordance with the provisions in Part 9.04.20.24 of Article
9 of this Code. Any decision of the Planning• Commission may be further appealed to
the City Council in accordance with the same provisions.
This Section shall not apply to occupancy of any portion of a property withdrawn
pursuant to the Ellis Act following lawful demolition of that portion of the property, nor
shall it apply to an entire property withdrawn pursuant to the Ellis Act following lawful
demolition of the entire property.
SECTION 3.Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions df this Ordhancer
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinahce and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
r1o
SECTfON 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk-shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
AS TO FORM:
ES M,bUTRIE
11
Approved and adopted this 11th day of May, 2010.
- State of California )
County of Los Angeles) ss.
City of Santa Monica )
------~
Pam O'Connor, Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2311 (CCS) had its introduction on April 27th, 2010, and was
adopted at the Santa Monica City Council meeting held on May 11th, 2010, by the
following vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Bloom, McKeown, Shriver, Davis, O'Day
Mayor Pro Tem O'Connor
None
None
Holbrook
A summary of Ordinance No. 2311 (CCS) was duly published pursuant to California
Governmeht Code Section 40806.
ATTEST:
~~
,.
Maria Stewart, City Jerk