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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