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HomeMy WebLinkAbout94-47 - Amending Titles 19 and 20 of the Newport Beach Municipal Code Revising the City's Condominium Conversion RegulationsORDINANCE NO. 94.47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE REVISING THE CITY'S CONDOMINIUM CONVERSION REGULATIONS • WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 19 (the Subdivision Code) and Title 20 (the Zoning Code) may be amended by changing provisions whenever the public necessity and convenience, and the public welfare require such amendment; and WHEREAS, the Municipal Code of the City of Newport Beach provides that an amendment to Title 19 or Title 20 may be initiated by the City Council or the Planning Commission; and WHEREAS, the Planning Commission, at its August 18, 1994 meeting, initiated amendment procedures so as to amend the City's condominium conversion provisions; and WHEREAS, on September 8, 1994, the Planning Commission of the City of Newport Beach held public hearing regarding Amendment No. 809, at which time it adopted • Resolution No. 1369 recommending to the City Council the approval of Amendment No. 809; and WHEREAS, the City Council desires to facilitate the conversion of smaller rental units to potential affordable units while maintaining a balance of rental and ownership housing opportunities; and WHEREAS, the City Council desires to remove unnecessary and timely review procedures for condominium conversions, while at the same time insuring that converted units maintain certain minium standards of development which will provide a safe and efficient living environment; and WHEREAS, the City Council has determined that the subject amendment is exempt • from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) exemption; and WHEREAS, on October 10, 1994, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; 1 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does ordain as follows: SECTION 1. That Section 20.73.015 of the Newport Beach Municipal Code is hereby amended to read as follows: •20.73.015 REQUIRED APPROVALS. A. Condominium projects may be permitted in any district in which residential uses are permitted, including Planned Communities. In Planned Community Districts, residential developments, all or part of which have been specifically designated as condominium projects on the approved Planned Community Development Plan, shall be permitted in accordance with the provisions of said plan. B. Condominium conversions shall be similarly permitted subject to securing a condominium conversion permit approved by the Modifications Committee in accordance with the provisions of Chapter 20.81 of the Newport Beach Municipal Code. C. The approval of a tentative and final tract map or parcel map shall be required for all new condominium projects, and for condominium conversion projects containing five (5) or more units in accordance with Title 19, of the Newport Beach Municipal Code. D. Condominium conversion projects containing less than five (5) units and which are located on a lot or parcel, or combination of lots or parcels, which were established in accordance with the provisions of Title 19 of the Newport Beach Municipal Code may be permitted without the approval of a parcel map, provided that the Modifications Committee approves a condominium conversion permit. • E. No persons shall construct a new condominium 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. If it is determined that a parcel map or tentative map and final map is required for a condominium conversion, the map shall not be required to be filed until a condominium conversion permit has been approved in accordance with the provisions of Section 20.73.015. This however, shall not preclude the concurrent processing of the map and the condominium conversion permit. SECTION 2. That Section 20.73.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.73.020 CONDOMINIUM CONVERSION FEES. In addition to fees required by Chapter 20.81 and Chapter 19.12, condominium conversion applications shall be accompanied by a special Building Department inspection fee, established by resolution of the City Council for the purpose of identifying building safety violations within the project. SECTION 3. That Section 20.73.025 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.73.025 STANDARDS - CONDOMINIUM CONVERSION PROJECTS. Condominium conversion projects, shall conform to the following, and the Modifications Committee, or the Planning Commission, and or the City Council, on appeal or review, shall make specific findings as to such conformance in any action approving a condominium conversion permit. A. Each dwelling unit shall maintain a separate water meter and water meter connection. B. That the number of off - street parking spaces that were required at the time of the original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of Section 20.10.050 of this Title. However, under no circumstance shall there be less than one covered parking space per dwelling unit. 40 C. That each dwelling unit within a building shall have a separate sewer connection to the City sewer. D. The applicant for a condominium conversion shall request a special inspection from the Building Department for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to issuing a conversion certificate. E. Each sewer lateral shall be retrofitted /fitted with a clean out at the property line. F. That the existing electrical service connection shall comply with the requirements of Chapter 15.32 of the Newport Beach Municipal Code. G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or civil engineer unless otherwise provided by the Public Works Department. Installation of said lot stakes and tags shall require a Record of Survey pursuant to Section 8762 of the Land Surveyor's Act unless otherwise approved by the Public Works Department. H. 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. • I. 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. SECTION 4. That Section 20.73.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.73.030 MODIFICATION OR WAIVER OF DEVELOPMENT STANDARDS. The Modifications Committee, by a majority 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) -(E), if such modification or waiver will in no way be detrimental to adjacent properties or improvements than will the strict compliance with these standards. SECTION 5. That Section 20.73.035 of the Newport Beach Municipal Code is hereby amended to read as follows: • 20.73.035 CONDOMINIUM CONVERSION REGULATIONS, VACANCY RATE. A. Where it is proposed to convert an existing residential development containing fifteen (15) or more units to condominium units, the Modifications Committee, or the Planning Commission, or the City Council on appeal or review, shall disapprove, without prejudice, any condominium conversion permit application if: 3 1. The rental dwelling unit vacancy rate, for apartment developments containing 15 or more units, 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 Modifications Committee, or the Planning Commission or City Council, on appeal or review may approve a condominium conversion 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 existing tenants have voted to recommend approval of the conversion. SECTION 6. That Section 20.81.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.81.020 POWER AND DUTIES. Whenever a strict interpretation of the provisions of Title 20 of this Code, or its application to any specific case or situation would preclude a reasonable use of property not otherwise permissible under existing regulations, the Modifications Committee may grant approval of such modifications relating to: required building setbacks in front, side or rear yards; heights of walls, hedges or fences; distances between buildings; area, number and height of signs not requiring an Exception Permit; structural appurtenances or projections which encroach into front, side or rear yards; location of accessory buildings on a building site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; size or location of parking spaces or access to parking spaces; swimming pool • and swimming pool equipment encroachments; roof parking of automobiles; minor modifica- tions and improvements to nonconforming buildings; lot line adjustments; tentative parcel maps; condominium conversion permits in accordance with Chapter 20.73 of this Title; and such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. SECTION 7. That Section 19.10.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 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 apartment project containing five or more units, except where: (A) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body, or is has 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 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 tentative 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. Unless otherwise waived by Section 19.10.040 a tentative parcel map shall be required for those subdivisions described in paragraphs (A), (B), (C), and (D). •SECTION 8. That Section 19.10.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.10.040 WAIVER OF PARCEL MAP. Condominium conversion projects containing less than five (5) units which are located on a lot or parcel, or combination of lots or parcels, which were established in accordance with the provisions of this Title, may be permitted without the approval of a parcel map, provided that the Modifications Committee approves a condominium conversion permit in accordance with the provisions Chapter 20.73 of the Newport Beach Municipal Code, with findings indicating that the subject property complies with all City requirements as to improvement and design, floodwater drainage control, improved public streets, sanitary disposal facilities, availability of water and other requirements of this Title.. SECTION 9. That Section 19.10.045 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.10.045 STANDARDS FOR CONDOMINIUM CONVERSION PROJECTS. Condominium conversion projects shall conform to the development standards set forth in Section 20.73.025 of the Newport Beach Municipal Code unless otherwise modified or • waived by the Modifications Committee in accordance with Section 20.73.030 of the Newport Beach Municipal Code. SECTION 10. That Section 19.10.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.10.050 TENANT BENEFITS AND NOTIFICATION. The applicant for a condominium conversion project shall provide the following benefits and notifications to persons who are tenants on the date that an application for condominium conversion is submitted to the City: (A) Each of the tenants of the proposed condominium will be given 180 days' written notice of intention to convert prior to termination of tenancy due to the proposed conversion. (B) Each of the tenants of the proposed condominium will be given written notification within 10 days of the approval of parcel map, final map or condominium conversion permit, establishing the proposed condominium conversion. • (C) That each of the tenants of the proposed condominium will be given notice of an exclusive right to contract for the purchase of their respective 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. SECTION 11. That Section 19.10.060 of the Newport Beach Municipal Code is hereby deleted. 5 SECTION 12. That Section 19.10.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 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 fully complying with the requirements of this chapter. • SECTION 13. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 14. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of September, 1994, and adopted on the 10th day of October, 1994 by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, WATT, NOES, COUNCILMEMBERS NONE ABSTAINED, COUNCIL MEMBER SANSONE • ABSENT COUNCILMEMBERS NONE ATTEST: MAYO w:,r '0 CLERK/ CITY / c� ' •. bill -w \amend \a809.ord 51