HomeMy WebLinkAbout77-41 Proposed Condominiums and Condominium Conversions of Residental PropertyAN ORDINANCE OF THE QTY COUNCIL OF THE CITY
OF COSTA MESA AMENDING TITLE 13 OF THE COSTA
R1'SA KVICIPAL CORE ADDING PFSMSIONS FOR
THE REGULATION OF PROPOSED CONOU11INIRAwS AND
CONDDMCNIUM OONVERSIOkS OF RESIDENITAL PROPEIiM.
THE CITY OOUNCIL OF THE CITY OF COSTA MESA DONS HEREBY ORDAIN AS
SECTION 1: The City Cbuncil of the City of costa YP a hereby finds
and declares as follows:
1. That new and increasing demands are being made on the use
of land throughout our commmity, as elsewhere, which have resulted in new methods
of construction, marketing and legal relationships as regards land amership and
use such as condominiums.
2. That these pressures anddemands are riot adequately net by
the existing provisions of our rosta Mesa Mmicipal Code.
3. That the development of land by way of co daWnium projects
differs in many ways from other types of ownership, tenancy, construction, costs
and the legal interrelationships as to require different regulation.
4. That the City of cbsta Nesa must consider the goals of its
Housing Element of. the General Plan and other applicable laws to provide an
adequate mix of housing opportunities to insure a reasonable balance of rental
and owned housing in a variety of choices of tenure, type, price and location,
and to maintain the supply of rental housing for persons and families of all inane
levels.
5. That such condominium projects gem�rally require different
development standards which are consistent with the concept of individual oiner-
ship of units or airspace in o mwbination with joint ownership or control of.
canon areas within such projects.
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6. That these regulations are necessary and proper to accanplsih
the purpose and intent of regulating the number, location, and development of such
projects for the general health, safety, and welfare of the public.
7. That the City Council of the City of Costa Mesa hereby intends
to exercise all those powers granted to it under the California Constitution, the
California Planning and Zoning Laws, the California Subdivision Map Act, and other
applicable laws in accomplishing the purpose and intent of land use regulations
for the general public health, safety, and welfare.
NOW, TBEREFORE, the Costa Mesa Municipal Code, Title 13, is hereby
amended by adding thereto a new Chapter XII, as follows:
SECTION 2: "CHAPTER XII REGULATICN OF CONDCMIIIIUMS
ARTICLE 1 GENERAL PROVISIONS
Section 13-819 FIMINGS AND INTENT
The City Council of the City of Costa Mesa finds that condominium.
projects are different in so many respects from other types and forms of land
ownership and development as to require different regulation.
The intent of this chapter is to further the goals of the City's
General Plan, provide a balanced mix of housing, regulate the placement of such
projects and land use consistent with the form of ownership and occupancy of such
projects pursuant to applicable laws for the general health, safety, and welfare
of the public.
section 13-819.1 DEFINITIONS
The following words used herein shall have the meanings set forth
unless the context requires otherwise.
A. Apartment. Means a rental or lease dwelling in a
structure designed or used to house two or more families, as the term "family" is
defined in this Code.
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B. Applicant. Means the owner(s), developer or subdivider
of a project es their interests may appear.
C. Association. Means the organization of persons who own
a lot, parcel, area, airspace, or right of exclusive occupancy in a unit of
condominium and may have interests in the control of common areas of such project.
D. Common Area. Means those portions of the project area
which are designed, intended or used in common and not under the exclusive
control or possession of owners or occupants of individual units in said project.
E. Candour-nium. Means and includes the following: a
condominium project, as defined in Section 1350 of the Civil Code, containing
two or more oondominiure, as defined in Section 783 of the Civil Code; a community
apartuent project, es defined in Section 11004 of the Business and Professional
Code, containing taro or more rights of exclusive oecnpancy; a stock cooperative,
as defined in Section 11003.2 of the Business and Professional Code, containing
two or more separately awned lots, parcels or areas, or any other such project
es defined by State Law. In addition, for the purpose of this article, developmnts
which offer own -your -own or fee ownership units, whereby the individual owns land
directly belay the "foot print" of said unit, shall be defined as a condominium.
F. Developer. Means the owner or subdivider with controlling
proprietary interest in the condominium project, or the person or organization
making application hereunder.
C. oxen Space. bans all land areas that are not occupied
by buildings, structures, parking areas, streets or alleys.
H. organizational Documents. Means 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.
1. Project. Means the entire parcel of real property
proposed to be used or divided, as land or ai.rspaoe, into two or more units as
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a condominium.
J. Unit. Means the particular area of land or airspace
that is designed, intended, or used for exclusive possession or control of
individual owners or occupiers whether or not they have interests in camon areas
of said project.
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 offered for or under rental or lease agreement in
the City. Said vacancy rate shall be established by the United States Department
of Housing and Urban Development Postal Vacancy Survey for Orange County.
Section 13-819.2 PERMITS REQUII2ED
A. Condominium projects are permitted in appropriately
zoned districts within the City subject to the issuance of a Conditional Use Permit
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.
B. No person shall construct, sell, lease, convey, maintain,
or use a condominium project within the City of Costa Mesa without first canplying
with the provisions of this chapter.
Section 13-819.3 APPLICATION PROCEDURES
A. An application signed by the landowner(s) or his
authorized agent for a Conditional Use Permit, in form and manner as required by
the Director of Planning, shall be submitted to the Planning Department. Sane
shall be accmpinied 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 Conditional Use Permit has been approved, but may be
processed concurrently.
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B. The Planning Department shall schedule the application
for hearing before the Planning Carmission.
C. The Planning Department shall review said application
and materials and make its recce endations on such project to the Planning Commis -
Sim pursuant to the provisions of this article.
D. The Planning Cmulission shall conduct a hearing, noticed
as otherwise provided in this title, and approve, conditionally approve or deny said
application pursuant to the pxovisions of this article. Said decision mist be
supported by findings in the hearing .record.
E. The decision of the Planning Commission shall be final
subject only to rights of appeal to or review by the City Council as provided
elsewhere in this Code.
Section 13-819.4 REVIEW CRITERIA
The review criteria used by the Planning Department in making its
ream, endations and the Planning Commission in making its decision shall include,
but not be limited to, the following:
A. Canpatible and hanncniou relationship between the
proposed building and site development and the buildings and site developments
that exist or have been approved for the general neighborhood.
B. Safety, carpatibility, and quality of the design of
buildings, signs, parking areas, landscaping, luminaries, and other site features
which may include functional aspects of the site development, such as auta:nbile
and pedestrian circulation.
Section 13-819.5 VARIANCES
Variances from the terms of this article shall be granted only
when, because of special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, the strict application of this
article deprives such property of privileges enjoyed by other property in the
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vicinity and under identical zoning classification. Such Variance or Zone
Exception may be processed concurrently with the application herein pursuant to
the applicable provisions of this Code. The decision on the application under
this chapter shall precede the decision m the Variance or Zone Exception.
Sectim 13-819.6 RELATIONSHIP TO OTHM LAWS
Whenever regulations or restrictions imposed by this chapter are
either more or less restrictive than regulations or restrictions imposed by any
other law, the regulations, rules, or restrictions which are mire restrictive or
which impose higher standards or requirarents shall govern.
Sectim 13-819.7 S�ARILITY
This chapter and the various articles, sections, subsections,
and clauses thereof are hereby declared to be severable. If any article, sentence,
paragraph, subsection, section, or clause is adjudged unconstitutional or invalid,
it is hereby provided that the remainder of the chapter shall not be affected
thereby. If any article, sentence, paragraph,subsection, section; or clause is
adjudged unconstitutional or invalid as applied to a particular property, build-
ing, or other structure, it is herehy provided that the application of such portion
of the chapter to other property, buildings, or structures shall not be affected
thereby.
Sections 13-820 TO 13-824 RESERVED
ARTICLE 2 RESIDENTIAL CONDMI II0MS NEW
Section 13-825 APPLICATIM OF ARTICLE
The provisions of this article shall apply to all residential
condaninium projects proposed on real property within appropriately zoned
districts in the City.
Section 13-826 FEES
A. Processing Fee. Each application shall be accmpanied
by a processing fee of $250.00 or as set by resolutim of the City Council.
B. other Fees. Other fees may be required as a condition
of approval of said application pursuant to other provisions of this Ocde and
applicable laws.
Section 13-827 GENERAL STPNDARDS
Projects shall conply with all applicable standard plans and
specifications and adopted City and State codes, as well as the folluAng
provisions:
A. outside uncovered and unenclosed storage of boats,
trailers, recreational vehicles and other similar vehicles shall be prohibited
unless specifically designated areas for the exclusive storage of such vehicles
are set aside on the final development plan and provided for in the Association's
covenants, conditions and restrictions. Vibere such areas are provided they shall
be enclosed and screened fron view on a horizontal plane from adjacent areas by
a conbination of six foot high opaque fences and permanently maintained land-
scaping.
B. No exterior television antenna shall be permitted
but a common underground cable service to all dwelling units may be provided.
C. The developer shall install an on-site lighting system
in all parking areas, vehicular access ways and along major walkways. Such
lighting shall be directed onto driveways and walkways within the project and
away from dwelling units and adjacent properties and shall be of a type approved
by the Planning Department.
D. An projects approved subject to this article shall be
exempt from the minimum lot area established in Chapter II of Title 13.
Section 13-828 DEVELOPMENT STANDARDS
A. The maxim= density of a project approved pursuant to
this article shall not exceed the maximum established for the residential district
where said project is proposed.
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B. Building separation shall be designed to provide
adequate light, air, and privacy, but shall in no case be less than ten (10)
feet.
C. The location and orientation of all buildings shall
be designed and arranged to preserve natural features by minimizing the dis-
turbance to the natural environment. Natural features such as trees, groves,
waterways, sevric points, historic spots or landmarks, bluffs, or slopes shall
be delineated on the site plan and considered when planning the location and
orientation of buildings, open spaces, underground services, walks, paved areas,
playgrounds, parking areas, and finished grade elevations.
D. All structures proposed to be constructed within a
project shall oonfonn to the following requirements:
(1) Structures having dwelling units attached side
by side shall avoid the long -row effect by being oauposed of not nore than six
(6) dwelling units. Alternative designs which acocaplish the same purpose may be
approved by the Planning Caumissican.
(2) structures having dwelling units attached side
by side shall break the facade by having an offset in the front building line of
at least four (4) feet for every two (2) dwelling units within such stnnture.
(3) Consideration shall be given to the effect of
proposed develop ent on the light, air, and privacy of adjacent properties.
S. Ninvmm open space for mndaniniumn projects shall be
forty (40) percent of the net area being developed. The net area shall mean
the developable site excluding public rights-of-way.
(1) Caamn open space areas shall be designed and
located within the develognent to afford the nkixumnn use by all residents of
the project. Enclosed buildings used for recreation or leisure facilities
should not be used to satisfy more than fifteen (15) percent of required open
space.
(2) Private open space - an adjoining private patio,
shall be provided for each unit with no dimension less than ten (10) feet.
F. The required parking for condaninium projects shall
be provided as follows:
(1) Each unit shall be provided with tomo (2) covered
parking spaces which shall be adjacent to the unit being served. At least one
of these spaces shall be an enclosed garage. All spaces shall maintain a mini-
mum inside dimension of ten (10) feet in width and twenty (20) feet in length.
for each garage.
(2) Automatic garage door openers shall be required
(3) Additional open parking spaces shall be provided
on site at a ratio of cne-half space per unit.
(4) The open parking spaces required by this section
shall be distributed throughout a project at convenient locations and shall be
screened from view fran any public right-of-way.
(5) No living units shall be peunitted over garages
except where a garage serves the twit above.
G. The purpose of this section is to insure a more
pleasant living envixrnment through the use of plants and decorative design
elements.
(1) All setback areas fronting on or visible from
an adjacent public street and all comion open space areas shall be landscaped
and permanently maintained in an attractive manner.
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(2) A detailed landscape plan shall be approved by
the Planning Department prior to issuance of any building permits. -
(3) the planting of trees in or adjacent to the public
right-of-way shall be under the direction of the Leisure Services Department.
(4) All landscaped planters shall be separated from
parking areas and vehicular access ways by a six (6) inch Portland Cement
concrete curb. -
Section 13-829 DOC[ ARM IE=IED
A project may be approved subject to submission of all organiza-
tional documents setting forth a plan or manner of permanent care and maintenance
of open spaces, recreational areas, and o=mn facilities pursuant to State law
(Civil Code 1350-1359). No such documents shall be acceptable until approved
by the City Attorney as to legal form and effect, and by the Planning Department
as to suitability for the proposed use of the open areas.
If the cam= open spaces are to be conveyed to the Honeomers'
Association, the developer shall file a declaration of covenants to be submitted
with the application for approval, that will govern the association. The provi-
sions shall include, but not be limited to, the follaAng:
A. The HO eaaners' Association shall be established prior
to the sale of the last dwelling units.
B. membership shall be mandatory for each buyer and any
successive buyer.
C. Provisions to restrict parking upon other than approved
and developed parking spaces shall be written into the covenants, conditions and
restrictions for each project.
D. If the development is constructed in increments or
phases which require one or ttore final maps, reciprocal covenants, conditions, and
restrictions and reciprocal management and maintenance agreements shall be
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established which will cause a merging of increments as they are ccnpleted, and
embody one hoxeowners' association with cmmmn areas for the total development.
as follows.
E. Same shall contain language or provisions substantially
The covenants, conditions and restrictions of this
Declaration shall run to The City of Costa Mesa insofar as they shall apply to
the maintenance of the "cartron areas" as herein defined.
"In the event the Association or other legally responsible
persons) fail to maintain said omman area in such manner as to cause same to
constitute a public nuisance, said City may, upon proper notice and hearing,
institute summary abatement procedures and inpcee a lien for the costs of such
abateimnt upon said cannon area, individual units or the whole thereof as provided
by law."
Section 13-830 TO 13-832 RESEWED
ARTICLE 3 yrlqIDENTIAL CNDC)MIUN CONVERSIONS
Section 13-833 FINDINGS AND VACANCY RATE APPLICABLE
A. The City Council of the City of Costa Mesa finds and
declares that, when the postal vacancy rate for apartments, as established by the
Housing and Urban Develcpnent Postal Vacancy Survey for orange County, being
offered for rent or lease in the city of Costa Mesa is equal to or less than
the percent of the total number of such dwelling units offered for and under
rental or lease agreemant in the City as established in subsection B hereof,
that a housing shortage exists which is inconsistent with the purposes and
intent of this chapter and with the declared goals and objectives of the City's
Housing Element of the Ce�eral 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.
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To avoid the foregoing and to reduce the displacm ent
of long-term residents, particularly senior citizens and low and moderate income
fandlies 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 Ckm fission may disapprove a Conditional Use permit if the apartment
vacancy rats is equal to, or less than three (38) percent, and a finding is
made that the approval of said Conditional Use Permit would be inconsistent with
the intent of this section.
B. TheCityCouncil of the City of Costa Mesa hereby
establishes the vacancy rate applicable as three (38) percent.
Section 13-834 APPUCATIQV OF AIUTCLE
The provisions of this article shall apply to all conversions.
of apartments or other similar existing developments to residential condominiums
proposed on a real property within the appropriately zoned districts in the City.
These provisions are in addition to those set forth in Articles 1 and 2 of this
Chapter.
Section 13-835 FEES
In addition to the fees required in Article 2 of this Chapter
the Applicant shall pay the following at the time of submitting an Application
hereunder:
Inspection Fees. Tonere shall be an inspection fee based
upon the number of existing units in said project. Said fee shall amount to
Ten ($10.00) Dollars per unit or as otherwise set by Resolution of the City
Council.
Section 13-836 CEPTIFICATE OF OCCUPANCY REVJIFM
In addition to the conditional use permit required by this
Chapter, any project proposed under this Article shall require the issuance
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of a Certificate of Occupancy by the Director of Building and Safety. Same may
be applied for concurrently with said permit but no eertificabe shall be issued
until the conditional use permit is approved.
Section 13-837 DDaMEM MQUIIED
The following requirements are in addition to those set forth
in Article 2 hereinabove:
A. Applicant shall provide written proof that he has
o mplied with the requirements of applicable California statutes regarding the
riots of existing tenants of said project.
B. Applicant shall submit a detailed 'property report"
describing the date(s) of original construction, present useful life of the roof,
foundations, mecivanical, electrical, pluTdAng and existing buildings or structures
in said project. such report shall be prepared and certified to by a registered
civil or structural engineer or licensed architect.
C. The Applicant shall submit a structural pest report
prepared and certified by a licensed structural pest control operator (see
California Business and Professions Code Section 8516).
D. To the extent applicable the aforesaid report require-
ments may be satisfied by submission of copies of similar reports filed with
State agencies.
Section 13-838 APPLICATIM PROCCEEDUBES
The folloWing are requirements in addition to those set forth
in Article 1.
A. Upon receipt of the Application and all doamPnts as
wired, the Director of Planning shall submit copies of applicable reports or
documents to the Fire Department, Building and Safety Department and other
departments as found necessary.
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B. The Director of Building and Safety shall cause an
inspection to be made of all buildings and structures in the existing developrcent.
An inspection report shall be prepared at or under his direction identifying all
items found to be in violation of current code requirements for such buildings
or structures or found to be hazardous.
C. The Fire Marshal shall cause an inspection to be made
of said project to determine the sufficiency of fire protection systems serving
said project and report on deficiencies.
D. The Planning Director may submit copies of such documents
to other departments for their review and requirements, as set forth elsewhere in
this Code.
E. The Director of Building and Safety or his designee shall
review the property report submitted by Applicant and may require its revision
and resubmission if found inadequate in providing the required information.
F. The Planning Department shall keep and maintain the
copies of all such reports required herein, as public records, for no less than
five (5) years and shall send copies thereof to the California Real Estate
Candssioner as may be required by law.
G. A final inspection report shall be made by the building
official, upon request of the Applicant, indicating the ompliance with all
requirements imposed herein.
Section 13-639 GENERAL MQUIIEVENTS FOR CONDITICUAL USE PERKCT
A. The Planning commission shall utilize the development
standards and requirements of Article 2 of this Chapter as criteria in the
issuance of a conditional use permit as herein provided.
B. No conditional use permit shall be issued until all
required documents have been submitted, reviewed and found to comply with the
provisions of applicable State law and this Code.
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C. In addition to the State requirements for the provi-
sions of any declaration of oovenants, conditions and restrictions on. said
project, they shall provide substantially as follows:
"In the event the Association or other legally
responsible person(s) fail to maintain said moron area in such manner as to
cause same to constitute a public nuisance, the City of Costa Mesa may, upon
proper notice and hearing, institute summary abatement procedures and impose a
lien for the costs of such abatement, including reasonable attorney fees, upon
said minion area, individual units, or the whole thereof as provided by law."
D. All dwelling units may be required to comply with
current requiremnts for energy insulation, sound transmission control, and
fire detection systems.
Section 13-840 ISSUANCE OF CERTIFICATE OF OCCUPANCY
The Director of Building Safety shall issue to the applicant a
Certificate of Occupancy if the violations and deficiencies found to exist have
been corrected on said project. No such certificate shall be issued unless a
Conditional Use Permit has been approved and all requirements of this chapter
have been satisfied.
The decision of the Director of Building Safety may be appealed
to the Planning Commission in the same manner and form as provided herein for
appeals on Conditional Use Permits.
Section 13-841 through 13-850 RESERVED
SEL CK 3: This Ordinance shall take effect and be in full force-
thirty
orcethirty (30) days from and after its passage, and prior to the expiration of
fifteen (15) days from the passage thereof, 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 mambers of
the City Council voting for and against the same. ,
PASSED AND ADOPTED this �J� day of , 1977.
Qr
of the City of sa
ATTEST:
City Clerk of the City of Costa
•1 ••. V• li. `
4TY
TOFORM
A NEY
I, F.Tr I P. PHINNEY, City Clerk and enc -officio Clerk of the City
council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 77-41 was introduced and considered section section at a regular
meeting of said City Council held on the -1�:_ day of 1977, and
thereafter passed and adopted as a whole at a regular of said City Council
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held on the 2/ day of , 1977, by the lloaing roll call
vote:
AYES: Council Members: i
NOES. Council Members:
ABSENT: Council Members:
IN WIMZSS WEFWF, I have hereunto set Mhand
and affixed the
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Seal of the City of Costa Mesa this day of 4�a,V , 1977.
CityClerk and ex -officio Clerk o
City Council of the City of Cos sa
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