The URL can be used to link to this page

Home My WebLink About1817 - Residential Condominium ProjectsORDINANCE NO. 1817 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.73 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "RESIDENTIAL CONDOMINIUM PROJECTS" The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 20.73 is added to the Newport Beach Municipal Code to read as follows: E 20.73.005 20.73.010 20.73.015 20.73.020 20.73.025 20.73.030 20.73.035 20.73.040 20.73.045 20.73.005 CHAPTER 20.73 RESIDENTIAL CONDOMINIUM PROJECTS Intent and Purpose. Definitions. Use Permit Required. Fees. Standards - All Condominium Projects. Modification or Waiver of Development Standards. Condominium Conversion Regulations, Vacancy Rate. Existing Structures and Uses, Approved Plans. Separability. 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 owner- ship and development. Therefore, these regulations 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 ownership 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: ipA. CONDOMINIUM. The term "condominium" shall mean and include the following: A condominium project, as defined in Section 1350of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business.and Professions Code, containing two or more 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, bylaws 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 -2- established twice each year, in October and April, by survey of 15% of the City's rental units. 20.73.015 Use Permit Required. Condominium projects may be permitted in any district in which residential uses are permitted, including Planned Communities, subject to securing a use permit in accordance with the provisions of Chapter 20.83 of the Newport Beach Municipal Code. 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 subject to the requirement of a specific Planning Commission finding that the Commission has considered the criteria and requirements of this Chapter in approving the Planned Community and accompanying regulatory text. 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, 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. 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 Fees. In addition to use permit and parcel map fees, condominium 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, in the case of condominium conversion applications. -3- 20.73.025 Standards -- All Condominium Projects. Condominium projects, whether new projects or conversions, shall 40 conform to the following, and the Planning Commission or the City Council, on appeal or revieV 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 specifications, 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 "l -aw, the regulations, restric- tions 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. 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 particular case, be comfort and general the neighborhood of injurious to proper the general welfare for shall not, under the circumstances of the detrimental to the health, safety, peace, welfare of persons residing or working in such proposed use or be detrimental or ty and improvements in the neighborhood or of the City. 20.73.030 Modification or Waiver of Development Standards. The Planning Commission, by a 4/5 vote of those present and voting, shall have the right to modify or waive any of the standards -4- to I required by Section 20.73.025(A), if such modification or waiver will in no way be detrimental to adjacent properties or improve- ments than will the strict compliance with these standards. 20.73.035 Condominium Conversion Regulations. A. 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 120% 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 (30 %) 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: 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 Commission may approve a condominium -5- conversion use permit and, if approved, shall make corresponding findings, if any of the following over - riding.considerations exist: (a) The project will minimize the effect on dwelling unit vacancy rate, and otherwise substan- tially comply with the intent of this Chapter; or (b) Evidence has been submitted that two - thirds (2/3J of the existing tenants have voted to recommend approval of the conversion. - 20.73.040 Existing Structures and Use, Approved Plans. Any residential 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 alteration of the development plans shall be subject to all provisions of this Chapter. 20.73.045 Separability. If any provisions or require- ments of this Chapter shall be found invalid or unconstitutional in application or in interpretation by a court of competent. jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty (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 August, 1979, and was adopted on the 10th day of • September 1.979, by the following, to wit: -AYES, COUNCILMEN Wyckoff Williams, Hart Humma' Strauss NOES, COUNCILMEN McInnis, Heather ABSENT COUNCILMEN Mayor ATTEST: City Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION �- SEP 17 197 . Q _._ .. .........._........ .....,...:.� tiY CLERK OF THE CITY OF N;WP 4RA�q -7- HRC /kv 9/4/79