HomeMy WebLinkAbout78-38 Amending Title 13ORDINANCE NO. 78 - 3 S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING
TO CONDOMINIUM DEVELOPMENTS AND THE CONVERSION OF APARTMENTS
TO CONDOMINIUMS, AND CLARIFYING THE DEFINITIONS OF VACANCY
RATE AND STOCK COOPERATIVE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
1. That the U.S. Department of Housing and Urban Development Postal Vacancy
Survey for Orange County no longer adequately provides necessary vacancy data for
the Condominium Conversion portion of the Municipal Code.
2. That the existing definition of a Stock Cooperative in the Municipal Code requires
clarification.
3. That these changes are necessary and proper to accomplish the purpose
and intent of regulating condominiums and condominium conversions for the general
health, safety and welfare of the public.
Accordingly, the City Council of the City of Costa Mesa hereby amends
Title 13 of the Costa Mesa Municipal Code by amending Sections and Articles as here-
inafter set forth:
SECTION 2: CHAPTER XII, ARTICLE 1 - General Provisions
X13-819.1 - Definitions`
(e) Condominium means and includes the following: a condominium project
as defined in Section 1350 of the Civil Code, containing two (2) or more condo-
miniums, as defined in Section 783 of the Civil Code; a community apartment
project, as defined in Section 11004 of the Business and Professional Code, con-
taining two (2) or more rights of exclusive occupancy; a stock cooperative, as
defined in Section 11003.2 of the Business and Professional Code, containing
two (2) or more rights of exclusive occupancy; or any other such project as
defined by law. In addition, for the purpose of this Article, developments
which offer own -your -own, or fee ownership units, whereby the individual owns
land directly below the "footprint" of said unit, shall be defined as a
condominium.
(k) Vacancy Rate means the number of vacant apartments being offered
for rent or lease in -the City of Costa Mesa shown as a percentage of the total
number of apartments in the City.
ARTICLE 3 - Residential Condominium Conversions
X13-833 - Findings and Critical Vacancy Rate Applicable
(a) The City Council of the City of Costa Mesa finds and declares that,
when the vacancy rate for apartments being offered for rent or lease in the
City of Costa Mesa is equal to or less than the critical vacancy rate as established
in subsection (b) hereof, that a housing shortage exists which is inconsistent with
the declared goals and objectives of the City's Housing Element of the General Plan.
The City Council further finds that the conversion of existing apartment
buildings into condominium projects diminishes the supply of rental housing and
displaces residents unreasonably.
To avoid the foregoing and to reduce the displacement of long-term residents,
particularly senior citizens and low and moderate income families and families
with school-age children, the City Council of the City of Costa Mesa finds and
declares it necessary and proper to regulate such conversions by the provisions
herein for the health, safety and welfare of the general public. The Planning
Commission may disapprove a conditional use permit if the apartment vacancy rate
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is equal to, or less than the critical vacancy rate as established in subsection
(b) hereof, and a finding is made that the approval of said conditional use permit
would be inconsistent with the intent of this section.
Planning Staff shall present to the Planning Commission vacancy statistics
from the most recent data compiled by either the U. S. Department of Housing and
Urban Development or other governmental agency. The Planning Commission shall determine
the apartment vacancy rate for the City based on the most current data available.
(b) Critical Vacancy Rate. The City Council of the City of Costa Mesa hereby
establishes that the critical vacancy rate is three (3) percent.
SECTION 3: This ordinance shall take effect and be in full force and effect
thirty (30) days from and after its passage, shall be published once in the
Orange Coast Daily Pilot, a newspaper of general circulation printed and published
in the City of Costa Mesa, together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this fft_ day of , 19 %f
ATTEST:
City Clerk of the City of Cost re
sa
f WV -MD : W-kSMI-O
City Attorney,
City of Costa Mesa
L A (A �/,/VM f , t A I
Mayor of the'Ci y of std -Mesa
APPROVED AS TO CONTENT:
Planning Director, City of Costa Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
No. 78-3 S was introduced on and considered section by s tion at a regular
meeting of said City Council held on the Sid, day of 1978
and thereafter passed and adopted as a v3hole at a regular ting of said City
Council held on the day of , 19 8 by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand.and affixed the Seal of the
City of Costa Mesa this day of, 1978.
Ci y Clerk and ex�fficio Clibrk/ALIE the
City Council of the 'City of CoAtA Mesa
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