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Home My WebLink About87-37 - Amending Chapter 20.73 of the Newport Beach Municipal Code So as to Delete the Requirement of Securing Use Permits for New Residential Condominium Projects (Planning Commission Amendment No. 648)ORDINANCE NO. 87 -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.73 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO DELETE THE REQUIREMENT OF SECURING USE PERMITS FOR NEW RESIDENTIAL CONDOMINIUM PROJECTS (Planning Commission Amendment No. 648) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 20.73 of the Newport Beach Municipal Code is hereby amended to read as follows: Sections: 20.73.005 Intent and Purpose. 20.73.010 Definitions. 20.73.015 Required Approvals. 20.73.020 Condominium Conversion Fees. 20.73.025 Standards - Condominium Conversion Projects. 20.73.030 Modification or Waiver of Development Standards. 20.73.035 Condominium Conversion Regulations, Vacancy Rate. 20.73.040 Existing Structures and Uses, Approved Plans. 20.73.045 Separability. 20.73.005 INTENT AND PURPOSE. The City Council finds and determines that residential condominium projects differ in many aspects from other types of construction and form of ownership and development. Therefore, these regu- lations are adopted to guide the development of new residential condominium projects and conversions of existing dwelling units to condominium projects. It is the intent of these regulations to provide a balanced mix between owner- ship and rental housing in order to assure the development of a variety of housing types to serve the needs of the community. • 20.73.010 DEFINITIONS. The following terms used herein shall have the meanings indicated: • • A. CONDOMINIUM. The term "condominium" shall mean and include the following: A condominium project, as defined in Section 1350 of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code; a com- munity apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or mote rights of exclusive occupancy; a stock cooperative, as defined in Section 11002.2 of the Business and Professions Code, containing two or more separately owned lots, parcels or areas; or any other such project as defined by state law. In addition, for the purpose of this Chapter, development which offers own - your -own or fee ownership units, whereby the individual owns land directly below the "footprint" of said unit, and all other land within the project is owned in common, shall be defined as a condominium. B. ORGANIZATIONAL DOCUMENTS. The term "organizational documents" shall mean the declaration of restrictions, articles of incorporation, by -laws and any contracts for the maintenance, management or operation of all or any part of a project. C. PROJECT. The term "project" shall mean the entire parcel of real property proposed to be used or divided, as land or airspace, into two or more units as a condominium. D. UNIT. The term "unit" shall mean the particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupier. E. VACANCY RATE. The term "vacancy rate ". shall mean the number of vacant multiple dwellings being offered for rent or lease in the City of Newport Beach shown as a percentage of the total number of multiple dwellings offered for or under rental or lease agreement in the City. Said vacancy rate shall be as established once each year, in April, by survey of 15% of the City's rental units. (Ord. 1871 S 1, 1980). 20.73.015 REQUIRED APPROVALS. New condominium projects may be permitted in any district in which residential uses are permitted, including Planned Communities. Condominium conversions shall be similarly permitted subject to the securing a use permit in accordance with the provisions of Chapter 20.80 of the Newport Beach Municipal Code. In Planned Community - 2 - • n Districts, residential developments, all or part of which have been specifi- cally designated as condominium projects on the approved Planned Community Development Plan, shall be permitted in accordance with the provisions of said plan. In addition, the approval of a tentative and final tract map or parcel map shall be required for all condominium projects in accordance with Title 19, of the Newport Beach Municipal Code. No persons shall construct a new condo- minium development, or convert an existing residential use to a condominium, within the City of Newport Beach without first complying with the provisions of this Chapter. In conjunction with condominium conversions, tentative or parcel maps shall not be required until after a use permit has been approved, but such maps and permit may be processed for approval concurrently. 20.73.020 CONDOMINIUM CONVERSION FEES. In addition to use permit and map fees, condominium conversion applications shall be accompanied by fees established by resolution of the City Council for review of (a) organizational documents of the project submitted as part of a tentative tract or parcel map application= and (b) a special inspection fee. 20.73.025 STANDARDS - CONDOMINIUM CONVERSION PROJECTS. Condominium conversion projects shall conform to the following, and the Planning Commis- sion or the City Council, on appeal or review shall make specific findings as to such conformance in any action approving a use permit application. A. The project shall comply with all applicable standard plans and specifi- cations, adopted City and State building codes, and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. Whenever regulations or restrictions imposed by this Section are either more or less restrictive than regulations or restrictions imposed by any other law, the regulations, restrictions or laws which are most restrictive, or which impose higher standards, shall govern. B. The project lot size shall conform to the Zoning Code area requirements in effect at the time of approval, but in no case shall a condominium conversion be approved on a lot of less than 5,000 square feet, regardless of when such lot was legally established. - 3 - C. The project shall be consistent with the adopted goals and policies of the General Plan, particularly with regard to the balance and dispersion of housing types within the City. • D. The establishment, maintenance or operation of the use or building applied for shall not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 20.73.030 MODIFICATION OR WAIVER OF DEVELOPMENT STANDARDS. The Plan- ning Commission, by a 4/5 vote of those present and voting, shall have the right to modify or waive any of the standards required by Section 20.73.025(A), if such modification or waiver will in no way be detrimental to adjacent prop- erties or improvements than will the strict compliance with these standards. 20.73.035 CONDOMINIUM CONVERSION REGULATIONS, VACANCY RATE. isA. All applications for conversion of existing rental dwelling units shall conform to the following, and the Planning Commission, or City Council on appeal or review, shall make specific findings as to such conformance in any action approving a use permit for a condominium conversion. 1. The application shall propose special considerations for fixed income elderly tenants and handicapped persons in the way of extended notice of conversion intent, relocation assistance, or other means. 2. Existing tenants whose income is below 1208 of the County's median income shall be permitted to remain as renters for a period of one year. 3. A minimum of thirty percent (308) of the existing tenants shall have expressed written interest in exercising their option to purchase a converted unit within the project at the price offered. B. VACANCY RATE REGULATION. Where it is proposed to convert an existing • residential development to condominium units, the Planning Commission, or the City Council on appeal or review, shall disapprove, without prejudice, any use permit application if: - 4 - 1. The rental dwelling unit vacancy rate in the City at the time of the public hearing is equal to or less than five percent (5 %). 2. Overriding Considerations. Notwithstanding the above, the Planning 40 Commission may approve a condominium conversion use permit and, if approved, shall make corresponding findings, if any of the following overriding considerations exist: (a) The project will minimize the effect on dwelling unit vacancy rate, and otherwise substantially comply with the intent of this Chapter; or (b) Evidence has been submitted that two- thirds (2/3) of the exist- ing tenants have voted to recommend approval of the conversion. 20.73.040 EXISTING STRUCTURES AND USES, APPROVED PLANS. Any resi- dential condominium development, whether originally established as such or converted from multi- family units, which lawfully exists on the effective date of this ordinance, or for which building permits have been issued, or for which an approved Planned Community Development Plan specifically provides that • proposed residential developments shall be condominiums, shall be permitted to continue such use as approved. Any addition, expansion or substantial altera- tion of the development plans shall be subject to all provisions of this Chapter. 20.73.045 SEPARABILITY. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or in inter- pretation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 1817 § 1, 1979). SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty days after the • date of its adoption. - 5 - This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of June, 1987, and was adopted on the 13th day of July , 1987 by the following vote: 0 CITY CLERK / 1 CC21 WRL /kk AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Turner NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Strauss