sr-091074-11a
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Santa Monica, California,. July 30, 1974
~~
T0: Mayor and City Council ~~
FROM: City Staff
SUBJECT: Revised Procedures for Condominium Convers/1.W f""` ~''~°i~
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RETU~tRItJ 1® S~H
Introduction - ~~Ty C6ERK'S OFi~S~
FCdR. FtklTZ~r
This is a staff report covering suggested revisions in
the cityPs procaduresaffecting conversion of existing apart
to condominiums®
BacY.ground
Gn July 9th the City Council directed the administration
to review the condominium conversion ordinance and bring back
a recommendation regarding additional standards, etc> that might
be established to strengthen the ordinance. In accordance with
this directive, the ordinances and procedures regulating condo-
mini um conversions have been reviewed arid a comprehensive anal_y-
sis and suggested revisions prepared, In brief, the staff analy-
sis indicates-that many of the problems encountered in the course
of condominium conversions are due in part to the. existing pro-
cedures rather than the mere lack of sufficient standards within
the present ordirance9 Thy present procedures emphasizing early
determinations are compressing allotted consideration times and
fOrC:ing the CGllnC11 and CCmmis510n to Often make deC1S10n,5 Cn the
_1_
Revs~:d`n.rocedures for Condominium Conversions
basis of inadequate information or evaluation, The staff
recommends therefore, that in addition to revising the
standards for conversions, the procedural requirements be
amended to require a preliminary evaluation prior to the
filing of a tentative map .which would overcame some of the
major time problems and provide the Council and Commission
with the information necessary to make their decisions.
alternatives
Snasmuch as the proposed revisions involve amendment
of, the City"s land use regulations, the usual procedure is
to refer the matter to the Planning Commission For its cor.-
sideration and recommendationo In the normal course of events
the Commission°s response would be returned in 30 to 50 days
for. continued Council evaluation. The only question which
arises in regard to this course of .action is that of interim
applications. and whether the City Council believes there is
sufficient community concern with this subject to consider an
emergency measure pending possible amendments, ~s of August
lst only one application involving a conversion has been filed
with the Planning Department but others may be pending and the
question of interim applications shculd be resolved,
-2-
Revised: Procedures for Condominium Conversions
There appear, therefore, to be three principal alterna-
tives available:
1. Refer the proposed revisions to the Planning
Commission for consideration and recommendation
and take no other action.
Pros include the following of the established
procedures for amendment of the land use
regulations and the: advantage of the Plan-
ning Commissions evaluation and recommenda-
ti ono
Cons include the problem of how to handle
interim applications,. the possibility tha t
consideration will be longer than anticipated,
uncertainty on behalf of those considering
conversion and the prospect of inducing
applications not otherwise contemplated.
2. .Refer t're proposed revisions to the Planning
Commission for consideration and recommendation
anal impose a moratorium on further conversions
in the interim,
-3-
Revised PYOCedures for Condominium Conversions
Pros are the same as the first alternative
plus the elimination of the. problem of
interim applications and the cons associ-
aced therewith,.
Cons include the delay or interruption of
potential conversions which may presently
be in the planning stages.
3. Adopt the proposed revisions or an amended
version on an emergency basis and institute the
new procedures without referral to the Planning
Commission,
Pros include .the establishment of revised
requirements quickly with a minimum of
delay or interruption o£ pending projects.
Cons include loss of the evaluation and
input generally derived by Planning Com-
mission consideration and deviation =rom
the established amendment 7~rocedureso
Recommendation
In view of the indications or community concern on the
matter of condominium conversions expressed by Council Members,
_4_
Revisad procedures for Condominium Conversions
Planning Commissioners and speakers before both bodies and
the fact that there is presently only one conversion pending,
it is respectfully recommended that the-City Council follow
the action indicated in the second alternative and refer the
matter to the Planning Commission for consideration and recom-
mendation and impose a 90 day moratorium on further conversions
in the interim,
Prepared b_y: James Wa Lunsford
JWL/js
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RE~TILW AND RECONL~SE;NDATION
OF
CONDO~lINIUi'~I CONVERSIONS
CITY PLANNING DEPARTMENT
CITY OF SANTA MOSTICA
AUGUST 1974
James 64, Luns~ord
Dir~otor o Planning
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PAGE
Introduction ,:.,,,,. .® ..... ........ 2
Present Requirements and Procedures .,,.o,e 3
Advantages and Disadvantages 'of Conversions `'-
Established Conversion Policy ,,,,,,,,,,,,, 5
Proposed ~~iodifications ,,,,,.......m.,, 6
Advantages of Proposed Modifications .,..., 8
Notice of Intent to Convert ...... ........ 4
Comp,-ehensive Buiidisig Condition Report ,,. 9
Mandatory and Optional Requirements .,.®,., li
Proposed Amendment ,,,.,>,,,,,,,,,,,,,,,,,, 13
Existing Ordinance ,,,,,,,,,,,,,,,,,,,,,,,, 17
-1-
INTRODUCTION
On July 9th the Santa Monica City Council directed tYie
Administration to revie~•J the Condominium Cor_version Ordinance
and bring back a recommendation regarding additional stand-
ards, etco that might be established to strengthen the ordin-
ance. In accordance with that directive the City Planning
Department has reviewed the present ordinance and procedures
to determine what changzs might be imposed to eliminate some
of the problems which 2:ave been incurred® The analysis of
tYze problems, suggested solutions and proposed ariendments
aimed at improving thz procedures are included herein.,
Analysis of the regulations and experience relating to
condominiums indicate that many of the present problems are
associated with Lack of time, information ar~d specific
standards. Much of disillasionment with the present condo-
minium conversion activity appears to be attx9.butabie to the
lack of time and intorR;anon to properly assess the true
implications of these actions and seek means of mitigating
or eliminating the negative featuresa
To overcome these aspects, the Planning Department
recommends that the condominiu~: conversion process be aug-
mented by the addition of a p-r_eliminary procedure involving
the filing of a Notice of Intent to Convert which requires
the provision of information essential to making a sound
determination, the notification of tenants, and allo,,as the
staff, Commission and Council sufficient time to thoroughly
assess the manifold implications"involved,
Finally, a number of additional standards have been
suggested which attempt to assure that conversions 47ii1 most
nearly meet the requirements of new condominiums insofar. as
practical..
_2-
PRESENT REQUIREMENTS AND PROBLEMS
.Consideration of any modification intended to result
in an improved ordinance requires an analysis o£ the existing
requirements and problems,
tid:3AT DOES THE PRESENT CODE REQUIRE?
The building must be 3 years old,
* 12 parking spaces per unit, 1/3 .may be tandem, or
a full time parking attendant.
* Approval by the Planning Commission or City Council
based on the effect on sound community planning,
the economic, ecological, cultural .and aesthetic
qualities of the community. and on public health,
safety and general welfare,
`rTH~1T ARE SON?E OF THE PRESENT PROBLEMS?
* Speed. Insufficient time between application and
hearing,
* Lack of tenant notification.
* Insufficient analysis by staff.
* Lack of specific standards which apply generally
to all structures,
* Applicant often doesn't get staff recommendation
in time to -react.
* Staff often doesn't have opportunity to react to
alternatives or information brought forth at
hearings.
* Lack of sufficient information regarding condition
of building,
* Zegal limitations on time or actions,.
* Lengthy public hearings,
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ADVANTAGES AND DISADVANTAGES Or CON~TERSIONS
The changes resulting from conve-rsion may involve both
advantages and disadvantages. Some of the potential advantages
and disadvantages of conversions are:
Potential Advantages
* Provides a greater opportunity for home ownership,
* Improves and upgrades existing housing stock,
* Provides tax benefits to 'r~uyers,
Allows buyers to stabilize housing, costs,
* Permits tenants to gain the benefits o£ increased
valueso
* An improved tax base,
* Better architectural treatment, 'building materials,
and construction techniaueso
Potential Disadvantages
* Possible increased housing costso
* Disruption or displacement o£ existing tenantse
* Socio-economic changes due to loss o£ rental
housingo
* Extension of structures beyond their functional
life and interruption of normal recycling due
to ownership fragmentation and state law limita-
tions.,
* Inability of owners to meat rising maintenance
costs.
* Building ma_y have hidden defects with substantial
repair costs,
* Change in occupancy may have a negative effect on
public facilities,
* Project may become renter occupied or investor.
dominated to the distress of owner-occupants,
* Inability of owners to retain original building
aualities and en*force protective covenants and
restrictions.
* Eventual dissolution of project ma_y be difficult.
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ESTABLISHED CONVERSIODT POLICY
Analysis of the foregoing advantages and disadvantages
of condominium conversion demonstrates that it is a discretion>
ar_y activity involving both positive and negative. potentialities
which must be individually assessed. It would appear to be as
unwise to preclude any possibility of converting existing bui.ld-
ings as it would be to .permit widespread and unrestrained con-
version. A fundamental conversion policy should be established
whereby those cases involving on1_y positive effects or providing.
only minimal negative results could be converted where it was
assured that such conversion would be in the communityss interest,.
There would appear to be no reasonable objection to condominium
conversion where the Planning Commission or City Council can
determine that the conversion:
* Will in fact upgrade and improve the existing.
housing stock.
* ~~Till not result in the unreasonanle disruption
or displacement of present tenants..
* TAill not have a detrimental effect on public
facilities or services,
x Will generally be in the best interests of owners,
tenants and the cdmmunityo
N~CE38ARY T_\7FORMATION
In order to properly assess the desirability of a
conversion, the Planning Commission or City_ Council need
to know the following:
What the Existing Conditions :are,
z4hat is the age, size and present condition of
the building under consideration? sriho are the
present tenants .and what is their situation
regarding leases, rents, willingness. to partici-
pate in the project, etc.?
Trlhat is going to be done.
what physical changes will be made in the building?
when and under what circumstances? How will exist>
ing leases or occupancy arrangements be handled?
What will the effects be.
f~7i11 the. conversion have a generally positive
effect on the community or a negative one?
~7o the advantages outweigh the disadvantages?
Are there steps or conditions which can be
imposed to mitigate the possible negative effects?
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REVISION OF .ExISTING PROCEDURES.
In order to eliminate many of the problems currently
associated with conversions and substitute, therefore,
procedures more closely aligned to an established conversion
policy, the Planning Department recommends modification of
existing ordinances to develop a program which:
* Establishes a procedure allowing better evalu-
ation of the total effects of a proposed conversion,
* Includes revised and expanded standards.
* Does not unnecessarily conflict with existing laws
or procedures,
PROPOSED .10DIFICATIONS.
The Planning Department recommends the adoption of a
revised condominium conversion procedure consisting of the
following:
* The establishment o£ a preliminary procedure
requiring the filing of a Notice of Intent to
Convert ~~ days prior to the £i ling of a
Tentative Tract i~?ap. The Notice o£ Intent to
convert includes complete information on the
condiEion o£ the building, the composition and
occupancy of the tenants and details of planned
improvements and timing.
* The Planning Department responds within the
45 day period with a Conversion Report advising
the applicant of its evaluation o£ the proposed
conversion, any legal deterrents to the applica-
tion and what the staff recommendation would be
on a formal application.
* An expanded list o£ mandatory requirements to
assure that conversions come as close as practical
to meeting requirements for new condominiums.
* The remaining procedures remain essentially the
samea
-o-
PROPOSED PROCEDURE
0 Days
45 Days
60 Days
Applicant Files
NOTICE OF
INTEN^1 TO CONVERT ,
with
Planning Department
Planning Department
Files
CONVERSION REPORT
with Applicant and
Planning Commission
STEP 1
__
STEP 2
Applicant files
TENT~TIVE:TRACT.MAP STEP 3
''`
Planning Commission
acts on
S^tEP 4
TED7TATIVE TRACT MAP
_7_
~DVANIAGES OF PROPOSED PROCEDURE
* Planning Commission or City Council has full
knowledge of the condition of the building,
intended improvements, extent of tenant
participation, and overall effect of change.
Tenants have at least 60 days notice of
impending conversion prior to hearing on
Tract Map,
* Applicant has full kncwledge of staff
recommendation on project prior to hearing,
Staff has adequate time and information for
evaluation.
* Little change in existing ordinance ;s
required.
The Planning Commission can then assess the application
and its effects in a more constructive atmosphere with ade-
quate information and arrive at a determination in accordance
caith the best interests of the community,
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REQUIRENSENTS FOR A NOTICE OF INTENT TO CONVERT.
The Notice of Intent to Convert shall include:
A comprehensive building condition report.
* Number and composition of existing tenants.
* Length of existing leases and average rents,
* Average length. of tenancy for exisiting tenants.
* Estimated schedule for conversion.
* Estimated price range of converted units.
List o£ improvements contemplated.
* Copy of proposed CC&Rs.
* Number o£ tenants interested in buying.
* Estimate o£ available similar housing in area.
REQUIREP~IENTS FOR COMPREHENSIVE BUILDING CODTDITION REPORT
The Comprehensive Building Condition Report shall be prepared
by a qualified structural engineer and shall include:
* A description and evaluation o£ the structure,
fixtures,. and other appurtenances.
* Recommendations for repair or replacement
of any item or conditions requiring. it,
* Specific notification of any and all conditions
presenting a potential danger or hazard or
contributing to deterioration of the structure,
* Acceptability of the report shall be determined
by the Building Officer and Fire Marshall,
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ITE`~IS CQyERF,D BY CONiPREHEBiSI VV.F" BUILDItiG ?FpORT
Items covered by the Comprehensive Building Report shall
includes
1, Type and age o£ construction
2, Lvalls, Interior & exterior
3, Plumbing
4, Electrical
5, Roof
6, ~Jalks
7, Garaging
8, Insulation
9, Life Safety Systems
10, Trash disposal
11; .Tiling
12, Fixtures and appliances
13, Drainage
14, Landscaping
15o Swimming pools, saunas, fountains
1S. Driveways
)_7, T,~7alls and fences
18, Stone or brickwork
1°, Heating_
20, Air`conditioning
210 Fireplaces
22. rr^loors
23o Laundry facilities.
24, Exterior lighting
25, Deferred maintenance
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SUGGESTED REQUIREMETITS
In order to assure tY:at existing buildings approved for
conversion most nearly meet the requirements for new condo-
miniums and therefore provide some assurance of an improved
housing stock., it is suggested that the following requirements
be made for any conversion:
* Present density requirements be met
* 2 to 1 parking
* Repair, correction or replacement of all structural.
defects such as leaks, cracks, inoperative or mal-
functioning mecahnical devices
* Eire and life safety brought up to code
* Electrical system brought up to code
* Plumbing system in good repair
* Installation o£ sound insulation to the decibel
level established through the noise element
* Individual gas and electric meters
* New garbage disposals
* D7ew hot water heaters
* Adequate and protected trash areas
* Separate -venting for kitchens or other means to
..prevent cooking odors penetrating another unit
* Payment of all special taxes connected with
conversion
* Pl~:asing of conversion to avoid unnecessary
displacement or disruption of tenants
* Restrictions to require owners to have control
of Management Association
* Other appropriate requirements depending on
conditions
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PROPOSED
ANSEN~MEN~'
ORDINANCE D]O.
AN CRDINANCE OF TIC CITY COUNCIL OF T'_3E CITY
OF ,SANTA MOi~7ICA t~i%IENDING CHEATER i, ARTICLE IX
OF THE SANTA MO~TICA MUNICIPAL CODE RELATING TO
CODa~ OMINIUNi CONVERSIONS
THE CITY COUNCIL Or^ ^1HE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOTdS:
a"ECTION 1. It is the intent of the City of Santa ;ionica
to amend Chapter 1, Article IX of the Santa Monica yiunicipal
Code b_y the deletion in its entirety of Section 9123C of
said Chapter and to add a new Section 9i23C to read as follows:
9123C. Condominium Conversions. Other sections not*aith-
standing, no Tentative Tract ,iap involving a condominium con-
version shall be approved unless:
1, A Notice of Intent to Convert shall have been
=fled with the City Planning Department not-less
than 60 days prier co .-the date of determination,
such .notice to include a comprehensive building
condition report acceptable to the Building Officer
and Fire ~tarshalr a listing of the number and
composition of the present occupants ircludinq the
length of tenancies and leases, average rental
ranges, and number who may be interested in buying;
a listing of the improvements to be carried out and
? F1me SC'f:edllle therefore, the estimated Or1Ce range
of the converted units; and, an estimate of the'
availability of ecruivalent housing in -the area,.
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2. The City Planning Department within 45 days after
the Filing of a Notice of Intent to Convert shall have
prepared and delivered to the applicant and City Plan-
ning Commission, a Conversion Report including the
legal qualifications o£ the proposed conversion; a
staff recommendation for approval or denials a list-
ing o£ conditions or requirements recommended as a
basis for approvals and, supportive reasons or justi-
fication for such recommendation..
3. The structure either is, or is intended to
be, in conformance with existing density requirements..
4. Parking is provided at the rate of .two (2J spaces
per dwelling .unit, which spaces shall not exceed
twenty-five (25) percent tandem.parking, or attendant
parking on a twenty-=our {24) hour per day basis is
provided and this requirement is .set Forth in the
Covenants, Conditions, and. Restrictions for the stated
benefit of the City and the owners of the condominium
un7.t5.
5. The electrical, fire and life safety systems o£
the structure either are, or are intended to be, brought
into full compliance with present codes and ordinanceso
&. The structure presently has, or is intended. to
have, plumbiag,in sound condition;: individual gas
and electric meters, new gargage disposals, new hot
water heaters, adequate and protected trash areas,
and such other requirements as may be imposed as a
condition of approval
-i4-
7o The requirements of Section 9123A shall have been
met.
3, All special taxes or assessments is connection
with condominium conversions shall :nave. either been
paid or other satisfactory arrangements completed,
Vothing in this Section shall prech.:de 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 welfareo
~ECTIOP7 2, .The City Council finds and determines that
the public necessity, convenience, general welfare, and good
zoning practice require that the amendment in Section 1, above.,
be madeo
SECTION 3, The Mayor sha11 sign and the. City Clerk shall
attest to the passage o~ this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen days after its adoption. This ordinance shall
become effective after thirty days from ins adoption,
ADOPTED this
day of
1974
ATTEST:
Cit-1 Clerk
__ ~tayo°
-15-
2 do hereby certify that the foregoing ordinance was duly
and regularly introduced at a meeting. of the City Council on the
day of ,1974; that thereafter the
said ordinance was. duly adopted at a meeting of the City Council
on the of 1974 by the following vote:
AI'~3: Councilmen:
NOES; Councilmen:
ABSENT: Councilmen:
City Clerk
Approved as to form
and legality
City Attorney
-15-
ExISTIN~
ORDINANCE
~~~ 3
finds and determines ;
that condominiums and -
community apartments
differ from apartments
in numerous respects
and, for the benefit of
public health, safety,
and welfare, such pro-
jects should be treated
differently from apart-
ments. The City Council
therefore states its ex-
press intent to treat such
projects differently
from apartments and.
like structures and to
adopt development stan-
dards for the protection
of the community and
the purchasers of con-
dominiums and com-
munity apartments.
SECTION 91228. CON-
DOILIINIIiM-NEw caN-
STRUCTiON PERitiIIT.
Bex'ore final approval
and issuance of any
building permit For any
condominium or ~on-
dominium project, a
developer, guilder or
other person seeking to
construct such a roject
shall first apply for and
obtain from the Building
Departm ent a con-
dominium permit. Such
condominium permit
shall be issued only {a)
upon approval of the
Planning Department or
City Council, after it
determines that such
project conforms to all
applicable zoning regula-
tions as provided for in
Section 9123 of the Santa
?dpnica 1Ylunicipal Code,
and (b) upon the is-
suance of a con-
dominium license oy the
'Office of ±he city Clerk
of the City of Santa
',Ionica based upon pay-
*aenb of the prescr~ed
condominium tax.
SECTION 9L2C. CON-
D0111NIUM PERMIT-
CONVERSIONS. Any
developer, builder, or
other person seeking to
convert an existing
structure to a con-
dominium shall first ap-
ply for and obtain from
the Building Department
a condominium conver-
sion permit. Such con-
dominium conversion
permit shall be issued
only {a) upon the ap-
proval of r_he Planning
Department, or City
Council upon appeal or
review, after it has
determined that the ex-
isting structure con-
forms to all applicable
zoning regulations, and
(b) upon the issuance of
a condominium license
by the Office of the City
Clerk of the City of Santa
Pdonica based upon the
payment of the prescrib-
ed condominium tax.
SECTION 9122D.
COMMUNITY APART-
P+IENTS. Community
Apartments shall be sub-
ject to the same restric-
Lions, conditions, re-
quirements and taxes as
condominiums.
SECTION 9122E.
EF'FE'CT-INITIATED
PROJECTS. Any con-
dominium project,
regardless of when initi-
ated, for which a build-
ing permit has been
issued shall not be ex-
empt from the require-
menu of obtaining a con-
dominium permit or con-
dominium conversion
permit and a con-
daminium license
merely because such
building permit has
been issued.
SECTION 9122F. It
shall be unlawful for any
person to roceed in any
way with development of
a condominium project
without first applying
for and receiving the ap-
plicable condominium
aermit or condominium
conversion permit.
SECTION 4. Section 9123 is
hereby added to Chapter 1 of
Article I of the Santa
Monica Municipal Code to
read as follows:
SECTION 9133:
CONDOMINIUM
DEVEI.OP1YlENT
STANDARDS. The
following condominium
development standards
shall apply to all land
and structures proposed
as a part of a con-
dominium project and
shall be evaluated and
processed pursuant to
the procedural require-
ments set forth for con-
ditional nee permits in
Sectians 9148, 91488,
9148C, 9148D, 9148E and
9148E of this code.
SECTION 9123 A.
STANDARDS. No con-
dominium project or
portion thereof shall be
approved or condi-
tionally approved in
whale or in part unless
the Planning Commis-
sion, or City Council
upon appeal or review
provided in Section
914$C, shall have review-
ed and approved the
#ollowing on the basis of
their effect on sound
communityplanning, the
economic, ecological,
cultural and aesthetic
qualities of the com-
munity, and on public
health, safety and
general welfare.
1, The overall impact
on schools, parks, utili-
ties, neighborhoods,
streets, traffic, parking
and other community
facilities and resources.
Z. A detailed develop-
ment plan of the project
including location and
sizes of structures, park-
ing layout, access areas,
and exterior elevations
and Lreatmert.
3. A detailed landscap-
ing plan indicating types
and sizes of landscaping
materials.
4. A detailed lighting
plan indicating location
and nature or iightirg
and lighting fixtures in
common areas.
5. A copy of Condi-
tions, Convenants, and
Restrictions ar other
Condominium Agr~e-
ment for the project set-
tingg forth the occupancy
anal management poli-
ties for the project.
6. Provisions for the
dedication of land or
easements for street
widening, public access
or other public purpose
where necassar~ and in
accordance wtn estab-
lished planned improve-
ments.
SECTION 91238.
IYYINI1VIIii~I RE9,UIRE-
t~IENTS. Except as
otherwise provided by
law, in approving or con-
ditionally appraving any
condominium project
the following shall be re-
quired:
i. PARKING. Off-
street parking in the
amount ~of not less than
two (2) spaces per unit,
which spaces shall not
exceed twenty-five per
cant (25%) tandem park-
ing. Required off-street
aarking spaces shall be
jocated within the same
structure as the dwelling
units for which They are
required, ar as deter-
mined by the Zoning Ad-
ministrator. Required
off-street. parking
spaces, except guest
parking spaces, shall be
included in the owner-
ship of each individual
condominium unit, not
less than two spaces per
unit, and no off-street
.parking space required
y this section shall be
sold, leased, or other-
wise transferred to `the
control of any person or
organization not an
owner of one or more
units within the project,
except that spaces may
be rented to other
owners within the pro-,
ject_
2. SIDE YARD RE-
~UIREMENTS. Side
yards shall be five {~)
feet minimum. for ana
and two story dwelling
strvctures, and seven (7)
feet minimum for three
story dwelling struc-
tures. For dwelling
structures over three
stories the conditions of
~e~ - ~,
Section 9109.8~('ii and
y~!7B~~b) shall apply_
~~bizrranean garages
shall no` extend more
iilan three (3) fzzt above
the averazz grade lzvei.
:1GREE?;IENTS. Con-
dominium Agreements
shall contain, but not be
limited to, adequate pro-
visions for maintenance,
repair, and upkeep; pro-
v!sions that in the event
of destruction, or abolish-
ment, reconstruction
sha':1 he in accordance
;with codes in effect at
the time of such
reconstruction; and pro-
v!sions far dedication of
land or establishment of
easements for street
?t•idznina or other puoiic
I CEPTIONS POFi CON-
l i'ERSIONS-STRIiC-
TURAL ALTERATIONS
AND PARIiINC. No
condominium conver-
sion shall he denied for
failure to make major
structural alterations, or
.`or failure to meet the
parking requirements of
this Cede, provided that:
t. Parking is provided
at the rite of one and
one-half (1?~z) spaces aer
d~.veliing unit, ?~,hich
spaces shall rot exceed
thirty-three and'one-
third (33 1/3) per cent
tandem parking, or at-
tenda^,t parking on a
tsveniy-four (24) hour
per day basis is provided
and this requirement is
set forth in the Cove-
nants, Conditions .and
Restrictions for the
statzd benefit of tt!a City
and the o;vners of the
condominium unit;
2. The building is more
than. three Y31 years old
on the date of fhe con-
~~~ ~~
+~~~
a
version; and
3 A condom!niuml
! ensz is obtain d and'
-h,: full .22 Paid, and {
4. The ou~iding sought}
to be convzried !s, on the
date Of the ConverSlOP., In '.
all respects in com-!'
pliance with the build-'
ing, planning, zoning,
licersi.^.. and other 1a~.4s 3
applicable to nz~,c con-
dOZl~nlllm ConSLru Cti0n;1
on the d~'e of tn~ c n
version ot~ r iha t4one
e li:ded ov this section„
aAll ~-a,,aards o~ Sec's
tics 9123A of this Code:
SECTiOV 9123D AP-
PLICA~?OV. All con-
dominlum arojects of?
new constn:etion or con-
version, which have;
already received their
tentative subdlvisionj
man approval by the;
Planning Commission,;
or the Cisy Council upon=
appeal or review, as of
September 29, 1973, are
exempt from eomnlying
- ?filth tl;e CCildGminAUm
devalooment standards
set fa*th in Ser_tions
9123A anii 9133B above.
Nothing in this section,
howeuer, shall excuse a
condominium project
from eor:.plying with the
revenue provisions of tl7e
Condamaium Tax Law,
Article VI, Chapter SB of
the Santa ivlonica
P~Iunieipal Coda, requir-
ing payment of the
prescribed condominium
tax.
SECTION 5. Any person
violating any of the provi-
sions of this ordinance shall
be guilty of a misdem=anon
and, upon conviction,thereof,
shall be subject to a fine not
exceedinff Five Hundred
($5C9) Do~lars or Six {6)
Months in the County Jail of
Los Angeles County, or by
both such fine and imprison-
ment in the discretion of the
Court.
Se,CTIOy 6 ?ny provision
of tl.e Santa Monica
1luaic,p~1 Ccae, cr appen-
dices thereto inconsistent
heretivith, to the extent of
such inconsistencies and no
furthzr, are hereby repealed.
SECTION 7. If try section,
subseciion,sentarce,clause,
or phrase of this ordinance is
-for ,y~ reason held to b2
invalid or unconstitutional
by a decision of any co!.~rt of
coma=tent jurisdiction, such
decision shall rot affect the
vat dity of the remaining
portions of the erdinance.
The City Council hereby
declares that it would haue
"passed this ordinance and
each section, subsection,
sentence, clause or phrase
hereaf, irrespective of the
fact that an one or more
sections, subsections, sen-
tences, clauses or phrases be
declared invalid. ar un-
constitutional.
SECTION 8. The City
Council of the City of Santa
itilonica finds that an
emergency exists, for .the
adoption of this. ordinance by
reason of the fact that there
are numerous pm Bets which
have been delayed by the six-
tiy (&4) day .moratorium
?vhich will exppire on Septem-
ber I0, 1973. In ender to per-
mit these developments to
proceed with control, and in
order to provide adequate
standards for development,
immediate- adoptian of this
ordinance is cn:eial to pre-
vent uncontrollzd growth
and unplanned development
which is dztrimental to
public peace, health, and
safety in that it is a vehicle
for blight and pollution,
breeds criminal activityy,
destroys the aesthetic quali-
ty of our community, creates
congestion and overcrowd-
ing, !s physically and psy-
chologically detrimenta3 to
the inhabitants and vitiates-
the economic well tieing of
t City
SECr tO~i 9. Thin or-
dinai!ce i, r~eclared to be an.
emergency measure adopted
pp suantto the arovisions of
Sectirn ol5 ot` the Santa
Monica itilunicipal Charter
and is necessary for presei~;-
ing the public peace, health,
o; safety, and the urgency
for its ac~oaiion is set forth in
the findings above.
SECTION 1!J. The Actti*ig
City Clerk will certify to the
passage and adoption of the
ordinance and shall cause
t}ae same to be publisi:ed
once in the Santa iVioneca
Evening Outlook, a
newspaper of ~enerai cir-
culation, puolisned and cir-
culated in the City of Santa
i`~Ienica. This ordinance scull
take effect upon its adoption.
ADOPTED this 3lst day of
August, 1973.
CLO HOOVER,
bIayar.
ATTEST:
J. L. 4YILBUR,
Acting City Clerk.
Stag Of California )
County Gf Las Angeles ) ss.
City t)f Santa i4fonrca )
{SEAL}
I do hereby certify that t_,e
foregoing ordinance was
duly and regularly introduc-
ed and adooied at a meeting
o~ the Cis Council of tee
`9
City of Santa Pdcnfca on the
31st day of August, 1973, our-
suant to Szct;on S15 of•tce
Charter of the City of Santa
ivlonica, 6 the following
votebf the Council:
AYES: Councilmen: Jud- !.
son; 1'ilcCloskey, Swink, ''
Trives, van den Steenhoven,
Hoover.
NOES: Councilmen: None. '.
A?3SENT: Councilmen:
Dituri.
J. L. VIILBUR,
Acting City Cler'.t.
(SEAL?
Pub. Sept. 11-1973.