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Santa Monica, California
July 21, 1976
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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
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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.
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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
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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
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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
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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.
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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:
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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.
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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
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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 )
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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
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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.
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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
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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:
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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.
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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
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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
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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
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