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ORDINANCE NO. 1786
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 19.10 TO TITLE 19 OF THE
NEWPORT BEACH MUNICIPAL CODE, ENTITLED
"CONDOMINIUM CONVERSIONS"
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 19.10 is added to the Newport
Beach Municipal Code to read:
"CHAPTER 19.10
CONDOMINIUM CONVERSIONS
Sections:
19.10.010
Intent and Purpose.
19.10.020
Definitions.
19..10.030
Permit.
19.10.040
Waiver of Parcel Map.
19.10.050
Findings.
19.10.060
Modification or Waiver of Standards.
19.10.065
Exemptions.
19.10.070
Enforcement.
19.10.010 Intent and Purpose. The City Council
finds and determines that condominiums differ from apartments
in respect to design, type of construction, and maintenance
controls, and therefore these development standards are
adopted for the protection of the community and purchasers
of condominiums which have been converted from apartments.
19.10.020 Definitions. (A) Apartment: A building
or portion thereof designed and used for occupancy by two
or more individual persons or families living independently
of each other.
(B) Community Apartment: A development in which an
undivided interest in the land is coupled with the right of
exclusive occupancy of an apartment located thereon. For
the purposes of this Chapter, community apartment will be
subject to the same conditions and standards as condominiums.
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(C) Condominium: An estate in real property con-
sisting 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. 'Condominium' shall include
townhouses.
(D) Condominium Conversion: The development of land
and attached structures as a condominium project, regard-
less of the present or prior use of such land or structures,
and regardless of whether substantial improvements have
been made to such structures.
(E) Condominium Project: The entire parcel of real
property, including all structures thereon, subdivided or
to be subdivided for the purpose of converting existing
structures to condominium units.
19.10.030 Permit. A tentative and final map shall
be required for all subdivisions creating five or more
parcels, five or more condominiums, or a community apart-
ment project containing five or more parcels, except where:
(a) The land before division contains less
than five acres, each parcel created by the divi-
sion abuts upon a maintained public street or
highway and no dedications or improvements are
required by the legislative body, or
(b) Each parcel created by the division has
a gross area of 20 acres or more and has an approved
access to a maintained public street or highway, or
(c) The land consists of a parcel or parcels
of land having approved access to a public street
or highway which comprises part of a tract of land
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zoned for industrial or commercial development,
• and which has the approval of the governing body
as to street alignments and widths, or
(d) Each parcel created by the division has
a.gross area of not less than 40 acres or is not
less than a quarter of a quarter section; provided,
however, that a local ordinance may specify tenta-
tive and final map approval for a subdivision in
which one or more of the resultant parcels is
between 40 acres and 60 acres in size.
A tentative parcel map shall be required for those
subdivisions described in subdivisions (a), (b), (c), and
(d) .
19.10.040 Waiver of Parcel Map. The requirement
for a parcel map shall be waived where the Planning
• Commission finds that the proposed division complies with
all City requirements as to area, improvement and design,
floodwater drainage control, improved public streets,
sanitary disposal facilities, availability of water and
environment protection. Where the requirement for a
parcel map is waived by the Planning Commission a Condo-
minium Conversion Permit shall be required. Said permit
shall be issued only,when it has been determined by the
Director of Community Development that the requirements
of the Planning Commission have been met.
19.10.050 Findings. A condominium conversion
project or portion thereof shall be approved or conditionally
approved in whole or in part if the Planning Commission, or
• City Council upon appeal or review, has considered and
found the following:
(1) That the building to be converted, on the
date of the conversion, will be in basic compliance
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with the current Building Code, providing there is
• in existence at least one parking space per unit;
(2) That each of the tenants of the proposed
condominium will be given 120 days' written notice
of intention to convert prior to termination of
tenancy due to the proposed conversion;
(3) That each of the tenants of the proposed
condominium will be given notice of an exclusive
right to contract for the purpose of their respec-
tive units upon the same terms and conditions that
such units will be initially offered to the general
public or terms more favorable to the tenant.
19.10.060 Modification or Waiver of Standards.
Where building requirements have changed subsequent to the
construction of the building, the Planning Commission
• shall have the authority to modify or waive any require-
ments of Title 15 (Buildings and Construction) if' such
modification or waiver will in no way be more detrimental
to adjacent properties or improvements than will the
strict compliance with the requirements of Title 15.
19.10.065 Exemptions. (A) The conversion of
existing residential development to a condominium project
shall be exempt from the requirements of Chapter 19.50
PARK DEDICATION provided that on the date of conversion
said dwellings are at least five years of age and no
additional residential dwelling units are to be added to
the project.
(B) The conversion of existing development to a
• condominium project shall be exempt from the requirement
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of Chapter 15.40 TRAFFIC PHASING ORDINANCE provided that
the proposed conversion will not add more than 10,000
square feet of gross floor area to any commercial or
industrial project or more than ten dwelling units to
any residential project.
19.10.070 Enforcement. It shall be unlawful
and shall constitute an infraction for any person to
proceed in any way with a condominium conversion project
without first applying for and receiving the required
permits."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective 30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 27th
day of November , 1978, and was adopted on the 11th
1. day of Decen�ber• , 1978, by the following vote, to wit:
ATTEST:
'City Clerk
CERI!" M F.' T -5 n-•7,;NAL AND
oATe _ E _ ..._3...197.
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AC. ...H CITY CLE Y OF OF N^ PORT 6.ACH
AYES, COUNCILMEN Hart, Heather, Hummel,
McInnis, Ryckoff, Strauss, Williams
NOES, COUNCILMEN None
ABSENT COUNCILMEN None
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11/20/78