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HomeMy WebLinkAboutNS-2265 - Santa Ana Municipal Code to Revise the Regulation of Condominums and Condominium Conversions063 ORDINANCE NO. NS-2265 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IX OF CHAPTER 34 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE REGULATION OF CONDOMINIUMS AND CONDOMINIUM CONVERSIONS REL: 9/26/95 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 34-13.5 of the Santa Ana Municipal Code is amended to read as follows: Sec. 34-13.5. Co~/~on interest development. "Common interest development" has the meaning specified section 1351 of the Civil Code of the State of California. in SECTION 2: That section 34-13.6 of the Santa Ana Municipal Code is amended to read as follows: Sec. 34-13.6. Conversion projeot. ,'Conversion project" means a subdivision which consists of conversion of existing buildings into a common interest deve].opment. SECTION 3: That Article through 34-353) of Chapter 34 hereby repealed. IX (consisting of sections 34-301 of the Santa Ana Municipal Code is SECTION 4: That a new Article IX (consisting of sections 34- 301 through 34-351 is added to Chapter 34 of the Santa Ana Municipal Code which said article reads as follows: ARTICLE IX. COMMON INTEREST DEVELOPMENTS hND CONVERSION PROJECTS DIVISION 1. GENERAL Sec. 34-301. Purpose. The purpose of these provisions is to establish standards for ORDINANCE NS-2265 Page 2 the development of residential common interest developments; to establish standards for the conversion of rental apartment buildings into common interest developments; 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 does not apply to investment apartments. (c) Except as otherwise provided, the provisions of Division 1 of this article apply to all common interest developments, 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, show~ing the location and dimensions at storage areas, as regu]red by section 34-313(c). (d) If a recreational vehicle storage area is to be provided, the site plan shall disclose the location and dimensions ORDINANCE NS-2265 065 Page 3 of such area. (e) A television antenna plan showing the proposed location of all permitted fixed transmitting and receiving antenna/satellite dish equipment. 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: (a) Electric power, gas and water services must be separately metered for each dwelling unit. (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 space 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 masonry wall and appropriate landscaping. (d) Non-screened signal transmitting and receiving equipment, including cables, for individual dwelling units shall not be permitted. (e) Common area utilities must be metered separately from dwelling unit utilities. Meters providing such separation may be either municipally owned or, subject to the approval of the director of public works as to type, owned by the associated owners in common. (f) Ail utility service lines must be installed underground. Sec. 34-314. Discretionary disapproval. (a) A tentative map for a new common interest development may be disapproved if it is determined that the common interest development, 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 interest 3 ORDINANCE NS-2265 Page 4 development as proposed. In such event findings shall be issued setting forth the basis for such determination with particularity. (b) 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 interest development 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. (a) Plans and related documents which comply with the requirements of this article shall be filed with the planning manager for approval. (b) No tentative map shall be approved except upon that condition that the common interest development be designed and improved in accordance with the approved plans and related documents on file with the planning manager. (c) In the case of common interest developments other than conversion projects, no building permit or utility release shall be approved for any development except in accordance with the plans and related documents on file with the planning manager. (d) In the case of a conversion project, no final map shall be approved unless the project has been brought into conformity with the approved plans and related documents on file with the planning manager and the other conditions of approval of the tentative map. Sec. 34-318. 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 manager and the city attorney prior to the approval of the final map, providing for the following: (a) Perpetua]. maintenance by the associated owners, in good, sanitary and attractive conditions of all common areas and improvements, including landscaped areas, walls, ORDINANCE NS-2265 Page 5 driveways, parking areas, trash areas and buildings, in accordance with plans and documents on file in the office of the planning manager 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 planning manager. (c) As to the above requirements, a power of enforcement to the City of Santa Ana, exercisable in the disoretion of the council, and a prohibition against any relinquish- ment, amendment, or deletion of such requirements without the consent of the council. 067 DIVISION 2. CONVERSION PROJECTS Sec. 34-331. Applicability. In addition to complying with the requirements of Division 1, all conversion projects 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. Seo. 34-333. Conversion plan. An application for a conversion project shall be accompanied by a conversion plan which sets forth a comprehensive represen- tation and scheduling of the conversion process including but not limited to the following components: (a) The improvement plan referenced in section 34-362 shall provide for upgrading the complex to the standards then in effect for construction of new buildings, to the extent financially and practically feasible, with regard to the following matters: sound transmission, energy efficiency, open space and landscaping. The improvement plan shall also provide for all existing on-site facilities which are to be retained to be brought into reasonably sound and attractive condition. (b) Notice of submission of application for public report which includes improvement plans and capital reserves. ORDINANCE NS-2265 Page 6 (c) Tenant notifications of proposed conversion in compliance with Section 66427.1 of the State Subdivision Map Act. (d) (e) (f) (g) (h) Phasing plan to reflect unit sales and tenant relocation agreements. A preliminary report by the building official or his authorized representative, certifying the building to be in compliance with Chapter 8 of the Municipal Code. A tenant assistance plan conforming to section 34-334(a). Compliance of the water delivery system with the city's fire flow requirements as applicable to new construction. Compliance with the building security regulations set forth in Chapter 8, Article II, Division 3 of this Code as applicable to new b~l~]dings. Sec. 34-334. (a) a components: (1) (2) (3) Tenant assistance. tenant assistance plan must contain the following A listing of tenants by name and apartment address. A schedule of rents for each unit showing any changes occurring in the previous six-month period. A statement of 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. (4) 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 tbe 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 sixty (60) days following the date of such notification. (5) A statement of a method by which the subdivider or his agents wi[]. reimburse each tenant for costs actually 6 Page 7 incurred in moving from his apartment due to the planned conversion to a common ownership unit, up to a maximum of two thousand five hundred dollars ($2500.00) per unit. (6) 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. (b) No tentative map shall be approved except upon the condition that a secured, written agreement satisfactory to the planning manager 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 planning manager. Such agreement must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to two thousand five hundred dollars ($2500.00) 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. (c) The security specified in subsection (b) of this section shall not be released except with the consent of the planning manager 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. (d) 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 manager, in proportion to the number of units in which the tenants have either: (1) Vacated; (2) Purchased without vacating; (3) Waived their rights. (e) The rights of a tenant pursuant to the contract executed pursuant to subsection (b) of this section shall not apply if knowingly waived by a tenant as follows: (1) A written agreement, signed by both the tenant and 070 ORDINANCE NS-2265 Page 8 (2) 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. 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. (f) A copy of (3) with the planning manager. shall file of perjury The subdivider or bis agent declaration tinder penalty following: the executed agreement is promptly filed an affidavit or including the (1) A current listing of tenants and rents for each unit. (2) (3) A listing of special agreements pursuant to subsection (e) of this section or a statement that no such agreements have been executed. An explanation of rent increases occurring since the filing of the tentative map, or a statement that no such increases have occurred. (4) A listing and explanation of any termination of tenancies for reasons other than the conversion, or a statement that no such terminations have occurred. (g) (5) A statement of the time and manner in which notice of the conversion was given or will be given pursuant to Section 66427.1(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. The findings required by Section 66427.1 of the State Subdivision Map Act shall not be made if, based on the subdivJder'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 obligation to the tenants under said section. (h) Tenant listings as required under this division shall include all persons, other than dependent children, shown ORDINANCE NS-2265 Page 9 07 1 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 subsection (b) of this section. Sec. 34-335 Management plan. An application for a conversion project shall be accompanied by a management plan which sets forth a comprehensive represen- tation of the project governance process, including but not limited to the following components: (a) A maintenance plan which includes a long-term project maintenance schedule and operations standards. (b) Draft CC&R provisions setting forth the rules of project governance and management, including the establishment of a board of directors (duties, powers, election and replacement). (c) A statement governing the management of vacant and/or unsold units. (d) 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 termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than nine (90) days following the date of inspection. Sec. 34-337 Discretionary denial of conversion projeots. (a) A tentative map may be denied if it is determined that the conversion project, although otherwise in compliance with the requirements of this chapter and Chapter 41, would nevertheless be detrimental to the welfare of future residents of the project or to surrounding property or to the public generally. The evaluation of such projects should be based upon the following criteria: (1) Completeness and quality conversion/management plans. of the submitted ORDINANCE NS -2265 Page 10 (2) Compliance with current development standards in this chapter and Chapter 41. (3) Community need for larger number of bedroom units. (4) Reservation of twenty percent (20%) affordable units within the conversion proposal. (5) Exceeding code requirements by providing project amenities. (6) Determination that vacancy rates are below the guidelines set forth in the General Plan. Sec. 34-351. Off-street parking requirement for conversion projects. (a) All conversion projects must provide off-street parking spaces in accordance with the current standards in Chapter 41 of this Code, except as specified in this section. (b) A parking waiver may only be considered if a finding can be made that strict compliance with the parking requirement will not benefit the site and its surrounding area. The applicant must indicate how the project will operate adequately without complying with the parking requirement. This assessment must be based on a fully occupied project. (c) Parking 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 parking waiver shall be the same as those for a variance as set forth in Chapter 41 of this Code. (d) Any application for a parking waiver shall be filed and decided prior to the filing of the tentative map. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 10 073 SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any suoh license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th ATTEST: ioe c. Guy gCIerk of the Council / day of November , 1995. COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye APPROVED AS TO FORM: E.dward 'J. ~op~r City Attorne-~r CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JAN[CE C, GUY, Clerk of the Council, do hereby certify the attached Ordinance ,/~'. $- ~-~-6.~"-' to be the original ordinance adopted by the City Council of the City of Santa Ana on/~~..f'-and that with the Charter of the City of Santa Ana. Date: /e/,~/,~ ~ / · - 11 said ordinance was published in accordance Clerk of the Cou~cil~ City of Santa Ana