HomeMy WebLinkAboutPH 1 CONDO CONVERSION 1-7-80DATE:
JANUARY 7, 1980
PUBLIC HEARING
Inter-Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTMENT
CONDOMINIUM CONVERSION ORDINANCE
Attached is the Planning Agency report and adopted Resolution
No. 1860 from the December 17, 1979 meeting.
RECOMMENDED ACTION:
Direct City Attorney to prepare Ordinance for adoption.
mac
DATE:
December 17, 1979
(
Inter-eom
TO:
Honorable Chairman and Planning Agency Members
FROH:
SUBJECT:
Community Development Director
Discussion of Proposed Ordinance Regulating Conversion of Apartment
Rental Units to Individual Ownership
The ordinance amendment is quite basic in that it merely involves the embodiment
of existing PD regulations, the conditions of approval which have become standard-
ized in prior use permit approvals and new sections involving procedural guide-
lines and tenant relocation/purchase provisions in accordance with the draft
housing element and actions of the Housing Advisory Committee and the City Council.
The amendment will substantially restrict the ability to convert units without
acquisition of additional land, construction of parking structures or demolition
of existing units due to the open space and parking requirements. Nor will this
ordinance have a major impact on increasing the supply of affordable housing.
Pressure will be brought by the development community for modification of this
amendment in two primary forms after the current moratorium is lifted. First,
the Agency resolution excluding roof fop recreation areas from the definition
cf open space may be brought info question by both those desiring conversions
and possibly for purposes of new construction. Low rise parking garages, partially
below grade and not exceeding 4-5 feet in structure heighl, with roof fop gardens
and recreation areas will be proposed fo be counted for open space purposes.
Staff believes that properly designed and integrated into the complex in a planned
manner, that such proposals have merit. The Agency may desire fo consider this
question as part of this ordinance amendment rather than await requests from
those owner/developers seeking such reconsideration of the ordinance afa future
date.
Secondly, proposals fo convert may be presented which will present a ma]or
dilemma for the Agency and Council. The proponent would present the alternative
of conforming fo ordinance provisions by demolition of substantial units (not
one or two, but dozens) fo create sufficient open space versus waiver of open'
space requirements in favor of retention of the units under agreement fo be
sold or rented fo Iow and moderate income households as affordable housing units.
The latter alternative would most likely include a proposal fo give 'existing,
qualified tenants first crack at such affordable units.
The first alternative of demolishing useable, viable dwelling units to meet con--
version guidelines would, in staff's opinion, be unconscionable in the face of
the housing shortage crisis. Staff would recommend denial of such a use permit
request based on inconsistency with the Housing Element of the General Plan.
The second alterantive would be in conflict with code provisions and the
amenities desired for condominium developments, however, would be (as the appli-
cant would point out) a mechanism fo implement the housing element and provide
affordable housing units for sale or rent fo seniors and young families. If
the Agency were to reject this proposal and deny the request, the apartment
Planning Agency
Proposed Ordinance-Condominium
December 17, Ig7g
page 2.
project would merely maintain ifs status quo. Staff, as well, would be in a
dilemma as fo the proper recommendation. If is desirable fo achieve both goals
of having adequate open space and attaining more affordable housing units. A
recommendation to deny the request achieves neither; a recommendation fo approve
condones projects with affordable housing units not meefin9 open space require-
ments. Therefore, neither recommendation is totally satisfactory. To deny such
a request would also be an open invitation to criticism by housing activists or
other agencies advocating solutions to the provision of'more affordable housing.
This issue may be addressed by the Agency af the present time or await the sub-
miffal of such a proposal (which could be relatively soon). Other agencies which
have dealt with this issue in a favorable manner have established some type of
ratio system whereby any reduction in apen space (or other development standard)
is offset by a specific portion or percent of the units being declared affordable
units, An example would be each 1% reduction in open space being offset by 5~
of the units being set aside as affordable units. The definlfion of affordable
units may be addressed by submittals of the conversion proponent indicating
prices or rental rates, income qualifications, anfi-speculaf~cn provisions,
financing mechanisms, city involement, or control, etc.
RECOM/V~NDATIONS
1. The Agency recommends fo the City Council adoption of the condominium con-
version ordinance as indicated in the cover memorandum to that document.
The Agency direct staff to prepare amendments fo said ordinance covering
the topics (either one or both) of a) Option A definition of roof-fop areas
fo be counted for purposes of open space and/or b)criteria fo allow special
consideration of projects includin9 affordable housin9 units; or Option B -
The Agency direct staff that the above topics (either one or both) would not
be 9ranted consideration in review of use permit or variance requests for
condominium conversions.
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RESOLUTION NO. 1860
A RESOLUTION OF THE PLANNING AGENCY, RECO',~
~¢£NDING TO THE CITY COUNCIL AN AMEND~¢£NT TO
THE CITY COUNCIL AN A~¢£NDMENT TO THE CITY
CODE ADDING SECTION 9274, APARTf¢~NT CON-
VERSION STANDARDS, TO PART 7, GENERAL'REGU-
LATIONS, OF CHAPTER 2, ZONING.
The Planning Agency of the City
I. The
A.
of Tustin does hereby resolve as Follows:
Planning Agency finds and determines the Following:
That the Planning Agency has initiated amendments to the Zoning
Ordinance (Ordinance No. 157, as mended) fo provide standards
and criteria for review of conversions of apartments to condo---
miniums, stock cooperatives, or 'community apartment pcojects
under a use permit procedure.
That a public hearing was duly called, noticed, and held on
said amendments.
C. That the proposed amendments are necessary For the convenience
of the public and the orderly development of private properties.
II.
The Planning Agency hereby recorrcnends fo the City Council adoption
of the following amendment, adding Section 9274- to the Tusfin City
Code to recd as. Follows:
"9274. Multiple Owel ling Conversion Standards.
a. Conversion subject to other code provisions.
Conversion of multiple dwelling units fo condcminiums as defined
in Section 1350 of the Civil Code, Community Apartment Projects
as defined in Section 11004 of the Business and Professions
Code or Stock Cooperatives as defined in Section ~1003.2 of
the Business and Professions Code; shall be required fo conform
and be consistent with the regulations and provisions of the
following:
(1) Part 9, Administration of this Chapter concerning appli-
cation for and action on a use permit.
(2) Chapter 3, Subdivisions of the Tustin City Code.
Section 9224, Planned Development District (P-D) of Part 2,
Residential Districts, of this Chapter.
The Tustin Area General Plan.
b. Minimum Standards - Fire
(1)
Access roadways shall be extended to within 250 feet oF
all portions of the exFerior walls of the first story of
any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be pro-
vided as required and approved by the Orange County Fire
Marshal.
(2)
A turn-around radius of a minimum of 35' shall be pro-
vided when access road extends over 150' from street with
any one point of egress.
An approved water supply capable oF supplying required
fire flow for fire protection shall be provided fo all
premises. When any portion of the building protected Ts
in excess of ~bO feet from a water supply on a public
street, there shall be provided, when required by the
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Resolution No. 1860
page 2.
(3)
Orange County Fire Marshal, on-site fire hydrants and
mains capable of supplying the required fire flow.
Illuminated directional address signs to be installed at
locations determined by the Orange County Fire Marshal.
c. Minimum Standards - Public Works.
Any missing or damaged street improvements, including, but
not limited to the following will be required:
curb and gutter
sidewalk
drive aprons
street lights and street trees
All public improvements to be constructed in conjunction
with the development shall be revised on existing improve-
merit plan by a civil engineer and all public improvements
shall be completed prior to final inspection and release
by the Building Department.
d. Minimum Standards - Building
That the condominium conversion shall comply with the require-
merits and intent of the development regulations and code re-
quirements as adopted by the City of Tusfin, including, but
not limited fo, the following:
Sound attenuation be provided in a manner specified by
an acoustical engineer as approved by the Building Of-
ficial to satisfy the intent of Chapter 35 of the Uniform
Building Code~ i976 edition, and of' Calfornia Administrative
Code Title 25~ Chapter 1~ subchapfer 1, article 4, section
1092. Exterior freeway noise shall be attenuated to 45 dBA
inside the units.
(2)
Compliance with the Security Ordinance fo provide dead-
bolt locks, window Iocks~ security lighting and those
other items required by staff to meet the intent of the
ordinance.
(3)
One-hour rated fire walls shall be provided between
units. Fire defection devices shall be provided for
all units.
(4) Plans of the existing structures shall be reviewed for
code conformance with the applicable Uniform Building
Code under State law. The Building O¢¢icial shall re-
quire improvements, corrections, replacement of detri-
mental components as determined necessary. A report
shall be submitted by the applican~ on general structural
conditions, addressing foundation, framing, inferior and
exterior wall coverings, roof, plumbing, electrical wiring,
utility connections, built-in hcusehold appliances, heating
and cooking systems and sewar evaluation prepared by an
independent state licensed structural engineer, architect
or general contractor. Said report shall address
condition and expected remaining useful life o¢ each're-
spective item.
15) A pest information report addressing the present condition
of the strucfur~ as if may be a~fecfed by termites, dry
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Resolution No. lB60
page 3.
rot, roaches, or other insects, and recommending work
required, if any, to render the structure tree of
fesfafion.
e. Minimum Standards - Planning
Plans and reports shall be submitted on all interior and
exterior cosmetic improvements, new interior amenities
and appliances and rennovation of corrcnon areas to current
landscaping requirements.
(21 That covered patios, entryWays and rooftop recreation
patios shall not be considered as open space fo satisfy
provisions of the Planned Development IPD) District.
(3) Covenants, conditions, and restrictions shall be submitted
for review and approval by the Cor~nunity Development De-
partment and City Attorney which shall contain at a mini-
mum:
la) The formation of a "Community Association" to pro-
vide for fha maintenance of the common area.
lb)
Disclosure of management agreements, maintenance
provisions, access for emergency repairs, easements,
etc.
(c) Allocation of off-street parking spaces for resi-
dents and guests.
(4)
[d) Provisions for establishment of a maintenance and
operating budget.
Tenant relocation/purchase provisions: The applicant
will inform all tenants ten {10) days prior to the date
of all relevant public hearings relating to the condo-
minium conversion application. Tenants shall be granted
notice of intent fo convert 1120 days) and right of first
refusal on purchase (60 daysl in accordance with State
law, from the date of approval of any tentative map or
use permit, The applicant shall submit a tenant relocation/
purchase plan containing the following:
la} Assistance to a tenant desiring to relocate in a
cash amount equal fo twice the last months rent paid
or a miniumum amount of $600, whichever is greater.
Rent reduction or waiver may be included for con-- , . .
siderafion. In no case shall rents be raised folio,ir
lng approval of any tentative map or use permit.
(bi Percentage or dollar discount fo be offered tenants
purchasing their unit. Availability of special fi-
nancing mechanisms or purchase plans.
(c)
Any provisions for special protection of longer term
occupancy or 9renter cash assistance fo households
of the elderly (60 years of age or older), the dis-
abled as defined in United States Code, Title 42,
Section 423 or handicapped persons as defined in the
California Health and Safety Code, Section 50072.
(d)
Provisions for refund of cleaning and security de-
'posits; additional cash payments for movin9 or
inconvenience expenses (time off work, transportation,
etc.); availability of a relocation coordinator,
Resolufion No. 1860
page 4.
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directory of available units or other relocation
assistance; and any other provision fo assist tenants
in relocation or purhcase,
(e)
No tenant shall be unreasonably disturbed during re-
modeling or sales activity and except in an emergency
situation, shall be granted fWD (2) days notice prior
to requiring access for repair, improvements, in-
spection or showing to prospective purchaser or
mortgagee. No tenant shall reCuse reasonable access
for such purposes."
PASSED AND ADOPTED at a regular meeting of the Planning ~gency of the
City of Tusfin held on the 17th day of December, 1979.
D~nald .~J:..Sa~.{arelli
Chairma~ Pro Tem
~A.I. ~Aehl
Recording Secretary