HomeMy WebLinkAbout83-18 Regulation of Condos, Processing Requirements for New Condo ConversionsORDINANCE NO. 83-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER XII,
REGULATION OF CONDOMINIUMS, OF TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE RELATING TO PROCESSING
REQUIREMENTS FOR NEW CONDOMINIUM CONVERSIONS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa hereby finds
and declares as follows:
1. That the City Council adopted Ordinance No. 77-41 to regulate the
development of new condominiums and the conversion of existing apart-
ment units to condominiums;
2. That since the adoption of Ordinance No. 77-41, it has been
demonstrated that new condaniniums can make a positive contribution to
the City's housing stock and that many of the anticipated problems
associated with the conversion of apartments to condominiums may be
adequately mitigated;
3. That modification of the strict requirements for the development
of new condominiums and for the conversion of existing apartments will
implement policies in the Comprehensive Housing Strategy of the
General Plan by reducing regulations for new residential developments
and by increasing the potential inventory of lower-cost housing
opportunities;
4. That the following amendments are necessary and proper to
accomplish the purpose and the intent of regulating condominium and
condominium conversion projects for the general health, safety, and
welfare of the public.
ACCORDINGLY, the City Council of the City of Costa Mesa herewith
amends the Costa Mesa Municipal Code as hereinafter set forth.
SECTION 2.
1. Amend Section 13-819.2(a) as follows:
"(a) Condominium projects are permitted in appropriately zoned
districts within the City, subject to the issuance of the
following permits pursuant to the provisions of this
chapter and the approval of tentative or final tract or
parcel maps as may be required by law. This requirement
is in addition to other permits or certificates required
by law.
(1) All new residential condominium projects shall be
processed according to the procedures contained in
Section 13-145 of this Title.
(2) All residential condominium conversion projects shall be
processed as a Conditional Use Permit according to the
procedures contained in Article 23 of this Chapter."
2. Amend Section 13-819.3 as follows:
"(a) An application signed by the landowner(s) or his
authorized agent for permits required by Section
13-819.2(a) in form and manner as required by the
Development Services Director shall be submitted to
the Development Services Department. Same shall be
accompanied by detailed site plans, elevations and
floor plans of the project along with all required
processing fees. A tentative tract map shall not
be required until after a permit as required by
Section 13-819.2(a) has been approved, but may be
processed concurrently."
3. Amend Section 13-833(a) as follows:
"(a) The City Council of the City of Cosa 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
may diminish the supply of rental housing and displaces
residents unreasonably.
MM
To avoid the foregoing problems 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 neces-
sary 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 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. Alternatively, the Planning
Commission may approve a Conditional Use Permit if
the apartment vacancy rate is equal to or less than
the critical vacancy rate as established in subsection
(b) hereof, if the applicant submits an adequate and
legally binding plan which mitigates the displacement
of long-term residents, particularly senior citizens
and low- and moderate -income families and families
with school-age children, and if the Planning Cmnis-
sion finds that the proposed conversion project
conforms to adopted General Plan policies to increase
the supply of lower cost housing in the City and/or
that the proposed conversion project fulfills other
stated public goals.
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 goverrnnental agency. The Planning
Commission shall determine the apartment vacancy rate
for the City based on the most current data available."
SECTION 3. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from 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 or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance
and within fifteen (15) days after adoption, the City Clerk shall cause to
be published the aforementioned summary and shall post in the office of
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the City Clerk a certified copy of this Ordinance together with the names
of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 1st day of August 83.
Mayor of the C y of Costa Mesa
ATTEST:
(e0L&4',j (-� (Aj�
City Clerk of t e City of Costa M a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM,/-
CITY
ORM,CITY ATTORNEY
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 fore-
going Ordinance No. 83-18 was introduced and considered section by section
at a regular meeting of said City Council held on the 18th day of July,
1983, and thereafter passed and adopted as a whole at a regular meeting
of said Council held on the 1st day of August, 1983, by the following roll
call vote:
AYES: COUNCIL MEMBERS: Hall, Johnson, McFarland, Schafer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINING: COUNCIL MEMBERS: Hertzog
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of
the City of Costa Mesa this 2nd day of August, 1983.
(71 y Clerk and ex -officio Clerk of ge
City Council of the City of Costa sa
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