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sr-072776-14b~a LLi:S1S;cam 7-Z1-76 v.,~. ~'_.t.~ ~t:~ ~ ~~ ~~. Santa Monica, California July 21, 1976 C ~~ ~,,, r T0: Mayor and Councilmembers ( ~'? ti PROM: Councilmembers Cohen 9 ` McCloskey and Reed 4' SUBJECT: Condominium Conversion Ordinance ~ ~,~ Attached is our recommendation for your consideration. It is identified as Council Draft Number 1, July 21, 1976. Also attached for your information, is a copy of the original report from the Planning Commission and their proposed ordinance, identified as Resolution 76-4. The City Council Committee is unanimous in its recommendation of Council Draft Number 1, except that Councilmember McCloskey dissents from the exclusion of a provision for twenty-four (24) .hour attendant parking. The reasons why Councilmember McCloskey favors attendant parking are also included. Prepared by: Richard L. Knickerbocker, City Attorney Samuel I. Streichman, Assistant City Attorney -1- ,~. V ,~ rr~~ CA 12LK:SIS:cam 7-]1-76 Santa Monica, California July 21, 1976 TO: Mayor and City Council FROM: Councilmember McCloskey SUBJRCT: Minority Report on Condominium Conversion Ordinance Urging Inclusion of a Provision for Attendant Parking The existing City Ordinance permits conversion of apartments to condominiums if one and one-half parking spaces per unit or attendant parking is provided (among other require- ments which are not pertinent here). The majority of the three (3) person council committee is of a view to delete this attendant parking pro- vision. I have a minority view on this subject, which is, in essence, that attendant parking, as an alternative measure to providing one and one-half parking spaces per unit in condominium conversions benefits the City and the developer alike, as well as tkie future owners of the converted condominium units. The City of Los Angeles permits conversions to provide attendant parking, and to my knowledge, this arrangement has begin successful in Los Angeles. In Santa P9onica, it appears to have been successful with the conversion at 101 California. It is my opinion that attendant parking creates optimal land utilization, in that required parking can be provided in less space than. percentage parking to unit space allows, since with attendant parking, automobiles can be parked in aisles, or in smaller spaces, and overflow parking can be easily accommodated. -1- i:[~ RLK:sIS:cam 7-z1-/6 Probably only the larger units which apply for conversion will want to consider attendant parking (that is, units of seventy- five (75) and up), and in such units there is a greater likeli- hood that owners will be absent from time to time and an attendant can utilize such spaces for parking on a rotating .basis. Thin; allows for more complete utilization ti:F the parking area and, insofar as the City is concerned provides an incentive for use of the parking area, rather than the street because people are more inclined to have an attendant park their car and retrieve it for them while they wait than to park themselves, espec.i<r17_y on short trips into the building. Attendant parking also has potential of reducing the costs of housing which is a benefit to everyone concerned, the City, the developer and the owner. Attendant parking creates a use of twenty (200) percent more spaces than non-attendant parking for the same parking area. It saves somewhere between Pive Thousand ($5,000) and Eight Thousand ($8,000) Dollars in cost per parking space because no alteration is needed and the cost of the attendant is less than the cost for the money that would. be necessary to provide necessary per unit parking at today's interest rates. Because the developer would not have to make such an initial investiizent, the price of the units can ultimately be less than if parking needed to be upgraded physically. There are other favorable advantages to retention of attendant parking. Parking maintenance is decreased because -2- CA RLK:SIS:cam 7-Z1-76 each parking space is continually maintained whether it is used by a particular owner-occupant or not. The security of the building is increased by attendant parking, both in an immediate visible way and psychologically. Especially for older occupants, the ability to have an attendant retrieve an automobile from a parking structure relieves the driver of the worries that come from being alone in such a structure, especially in evening hours, and the presence of attendants at the k>uildiirg provides a visible means of security for the building as a whole. There is no burden on the .City if attendant parking is provided, but rather the City benefits substantially in the reduction of on street parking. It drastically curbs the tendency of people, to park on the street, rather than in the ga.r.age. Therefore, for these reasons I propose that the twenty-four (24) hour attendant rule remain in the ordinance, and suggest that if it is retained by the City Council, it will continue to be the huge success that it has been in the past. Council.member McCloskey Submitted by: Richard L. Knickerbocker, City Attorney Samuel I. Streichman, Assistant City Attorney -3- CA RLK:SIS:cam 7-21-76 Council Draft Number 1 ORDINANCE N0. ,~'s';,i ~y!~-- 1~/~~~~~ (City Council Series) ! AN ORDINANCE OE' THE CITY COUPICIL OF THE CITY OF SANTA :PIONICA AMENDING SECTIONS 91230 AND 9123D OF THE SANTA MONICA MUNICIPAL PERTAINING TO CONDOMINIUM CONVERSIONS THE CITY .COUNCIL OF THE CITY OF SANTA MONICA DOES ORllAIN AS FOLLOYdS SECTION 1. Section 91230 is hereby amended to read as follows: Section 91230. Condominium Conversions. Other sections notwithstanding, no tentative tract map involving a condominium conversion shall be approved unless: 1. A Notice Of Intent `PO Convert shall have been filed with the City Planning Department prior to the date of filing of the Tentative Tract Map., such notice to include a Comprehensive Building Condition Report prepared by a Building Inspection Service or similar agency acceptable to the Building Officer and Fire Marshal containing such information as is set forth on forms to be provided by the D present rent scheduled, including type a listing of the proposed improvements estimated time schedule therefore; the of the converted units; and, a copy of for the completed project. irector of .Planning; and length of tenancy; to be carried and an estimated price range' the proposed CC & R's 2. The City Planning Department within sixty (60) days after the filing of a Notice Of Intent To Convert shall have prepared and delivered to the applicant and City Planning Commission, a Conversion Report, including a staff recommendation -1- ~'~'~ ,_ CA RLK:SIS:cam 7-21-'76 for approval or denial. However, in no event shall such recommendation for approval or denial be based upon either present rent schedules or the estimated price range. of the converted units, including type and length of tenancy; a listing of conditions or requirements recommended as a basis for approval or denial; and, supportive reasons or justification for such recommendation. 3. The. electrical, fire and life safety systems of the structure, either are, or are proposed to be, in a condition of good repair and maintenance, including such alterations for repairs as are required by the Building Officer. 4. The structure presently has, or is intended to have, plumbing and sound condition, individual gas and electrical meters, except in such. cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, 'and such other requirements as may be imposed as a condition',of approval. 5. The present tenants of the building have been given notice that possible conversion is under consideration at least (30) days to the Public Hearing thereon. The applicants shall certify that such notice has been given. Tenants who qualify or would qualify at the time of such Notice under the criteria established for occupancy by the proposed CC & R's shall. have the right of first refusal for a period of thirty (30) days prior to the time the unit in which they reside is offered to the general public for sale and such tenants shall have the right to purchase such a unit prior to its offer to the general public thereby. -2- CA RLK:SIS:cam ~-21'76 6. The requirements of section 9123A shall have been fulfilled. 7. All special taxes or assessments in connection with condominium conversions shall have either been paid or satisfactory arrangements for payment completed. 8. The CC & R's include agreement by the developer that the following shall be guaranteed by the developer for a period of one (1) year from the date of the close of escrow of each respective unit: common area items including, but not limited to the roof, plumbing, heating, air conditioning, electrical and other common area items. 9. This CC & R's provide that the non-developer owners have the right to select or change the management croup or the homeowners association ninety (90) days after the sale of fifty-one (Slo) per cent of the units. 10. The developer makes an estimate of and guarantees the estimated maintenance costs for a period beginning at the first sale to and including twelve (12) months thereafter unless the owners association assumes active management of the project, and the developer shall, in connection with such guarantee, be responsible for all normal maintenance costs in excess of the estimated maintenance costs during the above described time period. 11. That the developer agrees not to change CC & R's submitted to obtain approval of a conversion without the consent of the Planning Commission. Fo.r the purposes of this section, the following exclusive categories are established and the criteria for evaluating the suitability of structures f_or conversion to condominiums shall be as follows: -3- 4 Y ~ -: vx° r. ...`3 ~ ~ - .' • ~ • . a ~ L M WlGr b ~, l' ..Y' .' ..r ... ui~F CA RLK:SIS:cam 7-21-,76 Category I - SUITABLE BUILDINGS. All buildings which provide two parking spaces. for each unit, which spaces shall not exceed thirty-three and one-third (33-1/3%) per cent tandem parking, are suitable for conversion. Conversion will normally be approved unless some unusual, demonstrable condition exists which would warrant denial. Category II - GENERALLY SUITABLE BUILDINGS. Buildings generally suitable for conversion are those structures which meet the following conditions: 1. Parking. is provided at the rate of .not less than one and one-half (1-1/2) spaces per dwelling unit, which spaces shall not exceed thirty- three and one-third (33-1/30) per cent tandem parking. 2. The building is more than three (3) years old on the date of conversion approval. Conversion will generally be approved upon the condition of meeting agreed upon minor modifications and improvements unless some unusual, demonstrable condition exists which would warrant denial. -4- Saw CA RLK:SIS:cam 7-21-76 Those buildings which do not meet the criteria of either Category I or Category II herein set forth above shall be deemed to be not suitable for conversion to condominiums. Nothing in this section shall preclude the Planning Commission or City Council, upon appeal or review, from imposing any additional conditions or requirements believed necessary to protect the economic, ecological, cultural or aesthetic qualities of the community, or the public health, safety and general welfare. SECTION 2. Section 9123D is hereby amended to read as follows: Section 9123D. Condominium Conversions. Other sections no withstanding, no final tract map involving a condominium cony-ersion shall be approved or determined or deemed to be in conformity with an approved tentative tract map until all the conditions set forth in section 9123C and all requirements and conditions of approval of such tentative tract map imposed by the Planning Commission shall have been and remain complied with at the time for approval of such final tract map. SECTION 3. Any provisions of the Santa PQonica Municipal Code, or appendices thereto inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this ordinance. 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 -5- CA RLK:STS:cam 7-21-76 validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance 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. SECTION 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 news- paper within fifteen (15) days after its adoption. The ordinance shall become effective after thirty (30) days from its adoption. ADOPTED and APPROVED this day of 1976. yor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA MONICA ) -6- CA RLK:SIS:cam 7'Z]--7G I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the day of 1976; that thereafter the said ordinance was duly adopted at a meeting of the City Council on the da-y of 1976, by the following vote of the Council: AYES: NOES: ASSENT: Councilmember: Councilmember: Councilmember: City Clerk APPROVED AS TO FORM: City. Attorney -7- ~. •. -: t q ~ ~~ V J .... . 7 ,. ~ W N .: 1 v ~l /Y j 1.h ~~~' n gY.'~. a RESOLUTION 76-4 A RF~'SOLUTION OF ~C'FLE CITY PLANNING COMMISSION OF TlIE CITY OF SANTA MONICA ADOPTING FINDINGS AND RECOMME;NllATIONS AMENDING CHAPTER 1, ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CONDOMIPTIUM CONVERSIONS SECTION 1. The City Planning Commission of the City of Santa Monica having declared its intention to consider the amendment of Chapter 1 Article IX of the Santa Monica Municipal Code relat- ing to Condominium Conversions, and, a Public Hearing having been held on the matter on April 5, 1976, in accordance with the re- quirements of Section 9149 of that Chapter, the City Planning Commission hereby finds as follows: 1. The Present regulations governing condominium conversions do not provide sufficient information and criteria to ade- quately evaluate applications under consideration. 2. Adoption of the proposed amendment would improve the regulations governing condominium conversions by providing greater information, perception and direction to the Planning Commission and. City Council in evaluating applications under consideration. 3. The public necessity, convenience, general welfare and. good. zoning practice require the adoption of the proposed amendment. SECTION 2. The City Planning Commission of -the City of Santa Monica therefore recommends that Chapter 1, Article IX of the Santa Monica Municipal Code be amended by deleting Sections 9123C and 9123D thereof in their entirety and substituting therefor two new sections to read as follows: 9123C. Condominium Conversions. Other sections notwithstand- ing, no Tentative Tract Map invo:Lving a condominium conver- Sion shall be approved unless: 1. A Notice of Intent to Convert shall have been filed with the City Planning Department prior to the date of filing of the Tentative Tract Map, such notice to include a Comprehensive Building Condition Report prepared by a building inspection service or similar agency acceptable to the Building Officer and .Fire Marshal containing such information as is set forth on forms to be provided by the Director of Planning; present rent schedules, includ- ing type and length of tenancy; a listing of the proposed improvements to be carried out and an estimated time schedule therefore; the estimated price range of the converted units; and, a copy of the proposed CC&R's for the completed project. 2. The City Planning Department within 60 days after the filing of a Notice of Intent to Convert shall have prepared and delivered to the applicant and City Planning Commission, a Conversion Report including a staff recom- mendation for approval or denial; a listing of conditions or requirements recommended as a basis for approval; an estimate of the availability of equivalent housing in the area, and, suppos•tive reasons or justification for such recommendation. 3. The electrical, fire and life safety systems of the structure either are, or are proposed to be, in a condi- tion of good repair and maintenance including such alternations or repairs as are required by the Building Officer. 4. The structure presently has, or is intended to have', plumbing in sound condition, individual gas and electric meters except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, and such other requirements as may be imposed as a condition of approval. 5. The present tenants of the building have been given notice that possible conversion is under consideration at least 30 days prior to the Public Bearing. The appli- cants shall. certify that such notice has been given. - 2 - Tenants to have right of first refusal for a,period of 30 days when the unit in which they reside is offered for sale. 6. The requirements of Section 9123A shall have been fulfilled. ~. All special taxes or assessments in connection with condominium conversions shall have either been paid or satisfactory arrangements for payment completed. 8. The CCR~St's include agreement by the developer that the owners association may sue the developer on behalf of any or all of the owners for failure of guaranteed items within one (1) year from the date of sale of 51% of the units; developer to guarantee common area. items including 'but not limited to the roof, plumbing, heating, air conditioning, electrical and other common area items. I~. The developer guarantees the estimated maintenance ~i~a C~i a°A;~n; It ig T'THE FIRST S'!\L. E. Tia Tµ k~~ Pc!I n,"i `costs .from a-psrlod-~= 12 months after the owners asso- AN ~> ciation assumes active management of the project;tthe L„';~~ developer iro be responsible fo:r all normal maintenance costs :in excess of the total maintenance assessments r1Pa~~',:~z il~scr~it?r~n i ~~t~, during the :1~--r~asrt~~-per-rod, ~. The CC&.R's provide that the non-developer owners have the right to select or change the management group or the homeowners association g0 days after the sale of 51% of the units. 11. That the developer agrees not to change the CC&R's submitted to obtain approval of a conversion witY~out the consent of the Planning Commission. For the purposes of this section, the categories and criteria for evaluating the suitability of structures for conversion to condominiums shall be as follows: - 3 - CATEGORY I - Highly Suitable Buildings Buildings highly suitable for conversion are those buildings meeting all existing code requirements for new condominium construction. Conversion will normally be approved unless some unusual, demon- strable condition exists which would war- rant denial. CATEGORY II - Generally Suitable Buildings Buildings generally suitable for conversion are those structures which may require modifications or improvements depending on construction, design, amenities or other factors, and which meet the following con- ditions: 1. Parking is provided at the rate of not less than one and one-half (l~) spaces per dwelling unit, which spaces shall not exceed thirty-three and one- third (33-1/3%) per cent tandem .parking, or attendant parking on a twenty-four (24) hour per day basis is provided and this requirement is set forth in the Covenants, Conditions and Restric- tions for the stated benefit of the City and the owners of the condominium unit.- . 2. The building is more than three (3) years old on the date of conversion approval.. Conves~sion will generally be approved upon the condition of meeting agreed upon minor modifications and improvements unless some unusual, demonstrable condition exists which would warrant denial. - 4 - CATEGORY III - Possibly Suitable Buildings Buildings possibly suitable for conversion are those structures which will require major modifications or improvements depend- ing on construction, design, amenities or other factors in which the following con- ditions exist: 1. Parking is provided at less than 1/z spaces per unit, but not less than 1 space per unit. 2. The building was constructed prior to 1968. Conversion will only be approved upon the condition of meeting agreed upon major mod- ification and upon demonstrating that unusual conditions do exist which would warrant ap- proval CA'1'EGOHY IV - Rarely Suitable Structures Buildings rarely suitable for conversion are those structures which have serious deficiencies in construction, design, ameni- ties or other factors. Structures in this class shall include but be limited to: 1. Buildings with less than one (1) parking space per unit. 2. Buildings in which the plumbing, electrical, heating, mechanical or life safety systems are not, and are not proposed to be, in a condition of good repair and maintenance as required by the Building Officer. 3• Buildings which are non-conforming by use classification. 4. Buildings in areas of planned and proposed public improvements including -5- but not limited to streets, highways and ~• transportation facilities, schools, hospitals, parks, public facilities and the like. 5. Buildings with lot coverage in ex- cess of 80% of the lot area. 6. Unreinforced masonry buildings con- structed prior to 1933. Conversions will not be approved in the absence of some unusual, overriding, de- monstrable condition which will warrant approval, except that in no event shall ap- proval be granted in cases of serious de- ficiencies in life safety systems or seismic safety conditions. Nothing. in this Section shall preclude the Planning Commission or City Council upon appeal or review from imposing any additional conditions or requirements believed necessary to protect the eco- nomic, ecological, cultural or aesthetic qualities of the community, or the public health, safety and general welfare. 9123D. Condominium Conversions. Other sections notwith- standing,. no r~inal Tract Map involving a con.d.ominium conversion shall be approved o.r deemed to be in compliance with an approved Tentative Tract Map until all the conditions set forth in Section 9123C shall have been completed in addition to any and all require- meats imposed as a condition of approval of the Tentative Tract Map by the Planning Commission. SECTION 3. The Chairman is hereby authorized to execute and the Secretary to certify to the adoption of this Resolution which shall then be in full force and effect. DATED this `]th Day of June, 19']6. DONALD G. MALCOLM Chairman, City Planning Commission City of Santa Monica - 6 - I, James Lunsford, Secretary of the City Planning Commission of the City of Santa Monica hereby certify that tYie above Resolution was approved by the following vote: AYES: NOES: ABSENT: JAMES LUNSFORD Secretary - ~ -