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HomeMy WebLinkAboutNS-1496REL:ms 9/20/79 ORDINANCE NO. NS-1496 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 34-13.5, 34-13.6, 34-67, 34-68, AND ARTICLE IX TO CHAPTER 34 OF THE SANTA ANA MUNICIPAL CODE, AND SECTION 41-193 TO CHAPTER 41 THEREOF, TO ADOPT A SPECIFIC PLAN FOR CONDOMINIUMS AND SIMILAR COMMON OWNERSHIP PROJECTS, INCLUDING CONDOMINIUM CONVERSIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 34- 13.5, which said section reads as follows: Sec. 34-13.5. Common ownership project "Common ownership project" means a subdivision which is any of the following: (a) A condominum project, as defined in Section 1350 of the Civil Code of the State of California. (b) A community apartment project, as defined in Section 11004 of the Business and Professions Code of the State of California. (c) A planned development, as defined in Section 11003 of the Business and Professions Code of the State of California. (d) A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code of the State of California. SECTION 2: That the Santa Aha Municipal Code, is hereby amended by adding a section, to be numbered 34- 13.6, which said section reads as follows: Sec. 34-13.6. Conversion project "Conversion project" means a subdivision which consists of conversion of existing buildings into a common ownership project. is hereby 67, which SECTION 3: That the Santa Aha Municipal Code, amended by adding a section, to be numbered 34- said section reads as follows: Sec. 34-67. Conformity with zoning and building laws. No map shall be approved for any subdivision which, if subdivided, developed, or used in the manner proposed, would result in a violation of Chapter 8 or Chapter 41 of this Code; provided, however, a tentative map may be approved subject to conditions that the subdivider obtain permits, variances, or waivers, or modify the proposed subdivision, as necessary to obtain conformity with the requirements of said chapters. ORDINANCE NO. NS-1496 PAGE TWO SECTION 4: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 34-68, which said section reads as follows: Sec. 34-68. Planned development units No unit of separate or common ownership within a planned development, as defined in Section 11003 of the Business and Professions Code of the State of California, shall be deemed to be a separate lot or parcel for purposes of the design regulations of this Article or Chapter 41 of this Code. The entire planned development shall be deemed a single lot or parcel for such purposes. SECTION 5: That the Santa Ana Municipal Code, is hereby amended by adding an Article, to be numbered IX, to Chapter 34 thereof, consisting of sections numbered 34- 301 to 34-399, which said Article IX reads as follows: ARTICLE IX SPECIFIC PLAN FOR COMMON OWNERSHIP PROJECTS AND CONVERSION PROJECTS. DIVISION 1. GENERAL Sec. 34-301. Purpose The purpose of these provisions is to establish standards for the development of residential common ownership projects; to establish standards for the conversion of rental apartment buildings into common ownership projects; to protect the public from the potential blighting effects of deteriorated or undercapitalized residential conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to residential conversion projects. Sec. 34-302. Applicability (a) This Article applies only to common ownership projects intended for residential use, and for which a final map is required by the State Subdivision Map Act. As used herein, "final map" includes any parcel map required by section 66426 of the said Act. (b) This Article shall not apply to any common ownership project which was created as such prior to the effective date of this Article, or for which a final map has been approved prior to such effective date. (c) This Article shall not apply to any common ownership project for which a tentative map or conditional use permit has been approved prior to the effective date of this ordinance, provided that all requirements and conditions existing at the time of such approval are satisfied and a final map is subsequently approved. (d) This Article shall apply to any common ownership project for which a conditional use permit application has been filed prior to the effective date of this ordinance. In such event the application shall be deemed an application for a waiver, and, if approved, any provisions of this Article which are inconsistent with the conditions of approval shall be deemed waived. ORDINANCE NO. NS~ 1496 PAGE THREE Sec. 34-303. Status of this article as specific plan. This Article is adopted as and constitutes a specific plan of the City of Santa Ana. This Article contains definite objectives and policies specifically directed to the conversion of existing buildings into condominium projects, within the meaning of Section 66427.2 of the Government Code of the State of California. DIVISION 2. REQUIREMENTS FOR ALL COMMON OWNERSHIP PROJECTS. Sec. 34-311. Applicablility. The provisions of this ~ivision apply~ to all common ownership projects, including conversion projects. Sec. 34-312. Information to be submitted at the time of filing of a tentative map. In addition to the information required by other applicable sections of this Code, plans and documents, certified as to accuracy by a licensed engineer or architect, showing the following information shall be submitted at the time of filing of the tentative map: (a) Site plan, including buildings, structures, yards, open space, landscaped areas, vehicular travel and parking areas, driveway approaches, recreational facilities, placement and design of trash facilities, and utility services. (b) Parking plan, disclosing the location of all parking spaces, the dimensions thereof, the status as a garage, carport, or uncovered space, dimensions of aisles and driveways, locations of columns, walls, and other possible obstruction, the designation of each space as assigned to a particular unit or as guest parking, and the location of each unit to which a space is assigned in a manner such that the walking distance between each unit and its assigned spaces may be readily determined. (c) A storage area plan, showing the location and dimensions at storage areas, as required by Section 34-313(b). (d) If a recreational vehicle storage area is to be provided, the site plan shall disclose the location and dimensions of such area. (e) A television antenna plan showing the proposed location of all permitted fixed antennas. No tentative map shall be deemed filed until the applicant has complied with the requirements of this section. Sec. 34-313. Specific Requirements for the Approval of Tentative Maps. No tentative map shall be approved unless the project complies with the following requirements, unless a waiver is first obtained pursuant to Division 5: (a) Unless a higher requirement for off-street parking spaces is imposed by Chapter 41 of this Code, all common ownership projects, including conversion projects, ORDINANCE NO. NS-1496 ~ PAGE FOUR must provide off-street parking spaces in not less than the sum of the following: 1.0 space for each bachelor unit. 1.5 spaces for each one-bedroom unit. 1.8 spaces for each two-bedroom unit. 2.0 space for each unit with three or more bedrooms. Of the above-required spaces, not less than one space per unit shall be covered, as a garage or a carport. Each parking space which is to be reserved for the parking of a resident must be within two hundred feet of the dwelling unit of that resident. In addition to the above-required spaces, parking areas designed and located so as to be readily available for guest parking must be provided, in not less than the sum of the following: 0.5 space for each unit up through ten units. 0.2 space for each unit in excess of ten up through one hundred units. 0.1 space for each unit in excess of one hundred units. (b) In addition to clothes, linen, and food pantry closets and shelving customarily provided, each unit within the project shall have at least eighty (80) cubic feet of enclosed, weatherproof, and lockable private storage place at a single location. (c) If the storage of boats, trailers, recreational vehicles and similar vehicles is to be permitted within the complex, an area shall be specifically designated for such storage and shall be screened from adjacent areas by a combination of a six-foot high masonry wall and appropriate landscaping. (d) dwelling units (e) facilities. Exposed television antennas for individual shall not be permitted. Each dwelling unit must have separate sewer connection (f) Ail utilities must be separately metered for each dwelling unit. All utility service lines must be installed underground. Sec. 34-314. Discretionary disapproval. (a) A tentative map may be disapproved if it is determined that the common ownership project, although otherwise in compliance with the requirements of this Chapter and Chapter 41, would nevertheless be significantly detrimental to the health, safety, or welfare of future residents of the project, or to surrounding property, or to the public generally, due to features of design or improvement of the common ownership project as proposed. In such event findings shall be issued setting forth the basis for such determination with particularity. ORDINANCE NO. NS-1496 PAGE FIVE (b) If the common ownership project is a conversion project, no determination of disapproval shall be made pursuant to this section unless the features justifying disapproval would be caused or substantially aggravated by the conversion itself. (c) Any determination of disapproval pursuant to this section may be made in the first instance by either the advisory agency or the council. If made by the advisory agency, such disapproval shall be appealable in the same manner as other tentative map decisions. Sec. 34-315. Conditions If a common ownership project may be modified in a manner to avoid disapproval under Section 34-313 or 34-314, the tentative map may be approved subject to conditions requiring such modifications; provided, however, that the tentative map shall be disapproved unless the applicant signs a written waiver of the time limits set forth in sections 66452.1, 66452.2, and 66452.5 of the Subdivision Map Act, so as to allow such time as may be necessary for the revision of the plans and documents specified in section 34-312 in accordance with such modifications prior to any action to approve or disapprove the tentative map. Sec. 34-316. Filing of plans with the Council (a) Upon the submission of plans and related documents which comply with the requirements of this article, one copy of such plans and documents shall be filed by the Planning Director with the Clerk of the Council. (b) No tentative map shall be approved except upon the condition that the common ownership project be designed and improved in accordance with the plans and related documents on file with the Clerk of the Council. Furthermore, in the case of a conversion project, no tentative map shall be approved except upon the additional condition that all existing areas and structures, including walls and fences, landscaping, irrigation systems, and driveways and parking areas, which are proposed for common ownership, be brought into reasonably sound and attractive condition prior to approval of the final map, or within such time period as may be set by on agreement between the City and the subdivider, secured as provided in Chapter 5 of the State Subdivision Map Act. (c) In the case of common ownership projects other than conversion projects, no building permit or utilitiy release shall be approved for any development except in accordance with the plans and related documents on file with the Clerk of the Council. (d) In the case of a conversion project, no final map shall be approved unless the project has been brought into conformity with the plans and related documents on file with the Clerk of the Council, and the other conditions of approval of the tentative map except to the extent the Council may enter into an agreement with the subdivider for the subsequent performance of such obligation. Any such agreement shall be secured as provided in Chapter 5 of the State Subdivision Map Act. ORDINANCE NO. NS-1496 PAGE SIX Sec. 34-317. Declaration of covenants, conditions and restrictions. No tentative map shall be approved except upon the condition that a declaration of covenants, conditions, and restrictions be approved by the Planning Director and the City Attorney prior to the approval of the final map, providing for the following: (a) Perpetual maintenance by the associated owners, in good, sanitary and attractive condition of all common areas and improvements, including landscaped areas, walls, driveways, parking areas, trash areas, and buildings, in accordance with plans and documents on file in the office of the Clerk of the Council of the City of Santa Ana. (b) Prohibition of the parking or storage of trailers, boats, and recreational vehicles, except in such area reserved for the storage thereof as may be provided in the plans and documents on file with the clerk. (c) As to the above requirements, a power of enforcement to the City of Santa Ana, exercisable in the discretion of the Council, and a prohibition against any relinquishment, amendment, or deletion of such requirements without the consent of the Council. The Planning Director shall consult with the Department of Real Estate for the purpose of assuring that the covenants, conditions, and restrictions as finally recorded comply with the requirements of this section. Sec. 34-318. Structural pest report. No final map shall be approved for a conversion project until the applicant has filed with the Planning Director a current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termites, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection. Sec. 34-319. Fire protection. Each conversion project shall be subject to review by the Fire Chief or his designated representative to determine whether the current water delivery system complies with the City's fire flow requirements as they would apply to new construction, and, if not, whether the installation of additional water services improvements would be beneficial for fire protection purposes. The subdivider shall install such additional water service improvements as may be specified by the Fire Chief, in accordance with City standards and specifications. Any subdivider aggrieved by the Fire Chief's determination may apply for a waiver pursuant to Division 5 of this Article. Installation of required water service improvements shall be completed prior to approval of the final map unless an agreement for their subsequent installation, secured as provided in Chapter 5 of the State Subdivision Map Act, is entered into between the subdivider and the City. ORDINANCE NO. NS-1496 PAGE SEVEN DIVISION 3. CONVERSION PROJECTS: BUILDING UPGRADING REQUIREMENTS Sec. 34-331. Applicability. In addition to complying with the requirements of Division 2, the buildings in a conversion project must comply with the requirements of this division in order for the final map to be approved. Sec. 34-332. General standards for preexisting buildings. Except as upgrading requirements are required by this division, the buildings must comply with all requirements of Chapter 8 of this code and all requirements of state laws and regulations pertaining to building structure and safety under the standards therein made applicable to such preexisting buildings. Sec. 34-333. Sound transmission standards Sound transmission between dwelling units shall meet the requirements applicable to new buildings. Sec. 34-334 Energy insulation standards. The buildings must comply with energy insulation standards applicable to new buildings to the extent that the following components are thereby required: (1) Insulation of attic areas. (2) Provision of weather stripping and other anti-infiltration treatment. Sec. 34-335. Building security standards. The buildings must comply with building security regulations set forth in Chapter 8, Article II, Division 3 of this Code as applicable to new buildings. Sec. 34-336. Inspections and conditions (a) No tentative map for a conversion project shall be received for filing unless accompanied by a preliminary report by the Director of Building Safety or his authorized representative, certifying the buildings to be in compliance with the requirements of this division or specifying the measures required to bring the buildings into such compliance. (b) No tentative map for a conversion project shall be approved except upon the condition that the buildings be altered prior to approval of the final map in accordance with the measures specified in the preliminary report of the Director of Building Safety; provided, however, that if a waiver is obtained pursuant to Division 5, such condition shall require alterations only to the extent specified by the waiver. ORDINANCE NO. NS-1496 PAGE EIGHT (c) Compliance with the conditions imposed on a tentative map pursuant to this division must be verified by a final inspection and report by the Director of Building Safety or his authorized representative. Such report must be submitted prior to approval of the final map, unless the Council enters into an ageement with the subdivider for completion at a later date. Any such agreement must be secured as provided in Chapter 5 of the State Subdivision Map Act. (d) The owner of the buildings or his agent may apply to the Director of Building Safety for an inspection of the building pursuant to this section. The Council may establish a reasonable fee for such inspections by resolution. The Director of Building Safety may promulgate rules for the conduct of such tests by qualified persons as may be necessary to determine compliance with this division and require that such tests by conducted at the expense of the applicant as a condition to the issuance of an inspection report. DIVISION 4: CONVERSION PROJECTS: TENANT ASSISTANCE Sec. 34-341. Required information at time of filing of tentative map. No tentative map for a conversion project shall be received for filing unless it is accompanied by the following: address. (a) A listing of tenants by name and apartment (b) A schedule of rents for each unit showing any changes occuring in the previous six month period. (c) A proposed tenant assistance plan completed in accordance with Section 34-342. Sec. 34-342. Tenant assistance plan. A tenant assistance plan must contain the following components: (a) A statement of a method by which tenants will be assisted by the subdivider or his agents in finding comparable replacement rental housing within the area of the conversion. (b) A statement of the method by which the subdivider will comply with the requirements of Section 66427.1 of the State Subdivision Map Act. Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to section 66427.1(b) of the State Subdivision Map Act. Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the Department of Real Estate and such tenant's right to contract for the purchase of his or her unit at a specified purchase price for 60 days following the date of such notification. ORDINANCE NO. NS-1496 PAGE NINE (c) A statement of a method by which the subdivider or his agents will reimburse each tenant for costs actually incurred in moving from his apartment due to the planned conversion to a common ownership unit, up to a maximum of Five Hundred Dollars ($500.00) per unit. (d) A statement of a method by which the subdivider will assure that each tenant who attends, or whose spouse or dependent child attends, school at the time that the notice of termination of tenancy (as required by section 66427.1 of the State Subdivision Map Act) is given, will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester, or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, "school" includes any public or private elementary or secondary school, college, community college, university, or vocational school. Sec. 34-343 Agreement for tenant assistance. No tentative map shall be approved except upon the condition that a secured, written agreement satisfactory to the City Council be entered into between the City and the Subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the Council. Such agreement must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to Five Hundred Dollars ($500.00) multiplied by the number of units, and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement. Sec. 34-344 Release of security (a) The security specified in section 34-343 shall not be released except with the consent of the Planning Director on behalf of the City. Such consent shall be given upon proof that the conversion has been completed except for partial early releases as hereinafter authorized. (b) Partial early releases may be granted, not more than once in each six-month period following approval of the final map, upon the submission of proof of entitlement to the Planning Director, in proportion to the number of units in which the tenants have either: (i) vacated (ii) purchased without vacating (iii) waived their rights pursuant to section 34-345. Sec. 34-345 Special agreements with tenants. The rights of a tenant pursuant to the contract executed pursuant to section 34-343 shall not apply if knowingly waived by a tenant as follows: (1) A written agreement, signed by both the tenant and the subdivider or his agent, is executed by which the specifically described rights are expressly waived in return for such specifically described consideration as may be mutually agreed upon between the parties. ORDINANCE NO. NS-1496 PAGE TEN (2) The agreement between the subdivider and the tenant is executed subsequent to the Section 34-343 agreement and specifically states that the tenant has read that agreement and is aware of his rights thereunder. (3) A copy of the executed agreement is promptly filed with the Planning Director. Sec. 34-346 Approval of final map: declaration The findings required by Section 66427.1 of the State Subdivision Map Act shall not be made unless the subdivider or his agent files an affidavit or declaration under penalty of perjury including the following: (a) A current listing of tenants and rents for each unit. (b) A listing of special agreements pursuant to Section 34-345 or a statement that no such agreements have been executed. (c) An explanation of rent increases occurring since the filing of the tentative map, or a statement that no such increases have occurred. (d) A listing and explanation of any termination of tenancies for reasons other than the conversion, or a statement that no such terminations have occurred. (e) A statement of the time and manner in which notice of the conversion was given or will be given pursuant to Section ~6427~1(a) of the State Subdivision Map Act, and in which notice of a right of first refusal has been given or will be given pursuant to Section 66427.1(b) of said Act. Sec. 34-347. Approval of final map: findings The findings required by Section 66427.1 of the State Subdivision Map Act shall not be made if, based on the subdivider's declaration and such other evidence as may be presented to the Council, the Council determines that the subdivider or his agents has engaged in any pattern or practice designed to avoid his obligations to the tenants under said section. Sec. 34-348. Tenant identification. Tenant listings as required under this division shall include all persons, other than dependent children, shown on any lease, rental agreement, or other evidence of rental occupancy customarily maintained for the apartment building, as an occupant for rent as of the date of filing of the tentative map or thereafter, except that no person who acquires such occupancy after approval of the final map with knowledge that his occupancy will be terminated because of the conversion to condominiums shall be considered a tenant for purposes of this division or any tenant assistance plan. Discharge by the subdivider or his agent of any obligation pursuant to this division as to any such listed tenant shall constitute discharge of such obligation to all persons concurrently residing in the same unit, unless otherwise provided in the agreement executed pursuant to Section 34-343. ORDINANCE NO. NS-1496 PAGE ELEVEN DIVISION 5: WAIVERS Sec. 34-351. When permitted A waiver may be granted from the requirements imposed by sections 34-313, 34-319, 34-333, 34-334, or 34- 335 or any combination thereof upon the following conditions: (1) The waiver must set forth a substitute standard to be satisfied by the subdivider which addresses the objectives of the requirement being waived. (2) The waiver must be based upon a finding that imposition of the strict requirements of this Division rather than the substitute standard of the waiver would either: (a) impose a financial hardship on the subdivider which would be disproportionate to any public benefit which would thereby be attained; or (b) preclude or unreasonably reduce the provision of significant design features or improvements, such as open space or recreational facilities, which are necessary or highly advantageous to the overall residential environment. Sec. 34-352. Procedure Waivers may be granted by the Planning Commission, subject to appeal by any interested person to the City Council, and subject to review and modification by the Council on its own initiative. The procedural, public hearing, and administrative fee requirements for a waiver shall be the same as those for a variance as set forth in Chapter 41 of this Code. Sec. 34-353. Timing Any application for a waiver for a common ownership project pursuant to this Article, or for any variance, conditional use permit, or minor exception which may be requested for such project under Chapter 41 of this Code, shall be filed and decided prior to the filing of the tentative map, unless the tentative map is accompanied by a waiver of the time limitations imposed by Sections 66452.1, 66452.2 and 66452.5 of the State Subdivision Map Act in order to allow for the processing of the waiver, variance, conditional use permit or minor exception. SECTION 6: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 41- 192, which said section reads as follows: Sec. 41-192. Exemption of certain condominiums and condominium conversions from conditional use permit requirement. Any condominium or condominium conversion for which a tentative map is processed subject to the regulations set forth in Article IX of Chapter 34 of this Code shall be exempted from any requirement to obtain a conditional use permit which would otherwise be imposed by any provision of this Chapter listing condominiums and condominium conversions ORDINANCE NO. NS-1496 PAGE TWELVE as a use permitted in a district subject to the issuance of a conditional use permit. Any condominium or condominium conversion thus subject to the said Article IX shall be deemed permitted, conditionally permitted, or prohibited in a district to the same extent as any other type of multifamily dwelling use in the same district and subject to the same regulations. Any condominum or condominium conversion otherwise subject to any conditional use permit requirement by this Chapter and not exempted by this section shall continue to be subject to the terms and conditions of the conditional use permit issued for it. ADOPTED this lst day of October , 1979, by the following vote: AYES: COUNCILMEN: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None --C~m~RK OF THE COUNCIL APPROVED AS TO FORM: KEiT~~L. G'G~orney