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HomeMy WebLinkAboutOrdinance #2420 ORDINANCE NO . 2420 AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLARING AN EMERGENCY AND ESTABLISHING A MORATORIUM ON THE CONVERSION OF EXISTING MULTIPLE RENTAL DWELLINGS TO CONDOMINIUMS , STOCK COOPERATIVES , OR TO COMMUNITY APARTMENT PROJECTS IN THE CITY WHEREAS , it is the intent of the City of Huntington Beach for the purpose of this emergency ordinance to treat condominiums , stock cooperatives and community apartment projects differently from apartment projects (and similar rental structures) due to the different demands the two types of projects place upon the city and due to the differing purposes , functions and expectations served by the two types of projects; and The General Plan of the City of Huntington Beach attempts to provide housing for all economic segments of the community, to provide a variety of housing types in all areas of the city, to insure wide distribution of low and moderate income housing through- out the city, to conserve and expand the housing stock especially for persons of low or moderate income; and The City Council of the City of Huntington Beach finds that condominiums, stock cooperatives and community apartment projects are forms of ownership that create unique problems to the city such as traffic and parking control, maintenance of sewer and plumbing facilities and other common areas , and apportionment of utility expense to all owners , all of which affect the general public health and welfare of the city; that conversion to ownership type projects may require amenities which are dif- ferent from apartment house amenities; that not all existing multiple rental facilities have been constructed in a manner suitable for conversion to units for ownership; that conversion of a significant portion of the available rental units to owner- ship type projects would displace persons with medium or low in- JG: ahb 2/26/80 1 . comes and would require them to leave the city of Huntington Beach; that conversions of existing apartment buildings into multiple-ownership buildings diminishes the supply of rental stock in the city; and The City Council of the City of Huntington Beach further finds it necessary to adopt this interim emergency ordinance to protect the public health, safety and welfare by establishing a moratorium on the conversion of existing multiple rental dwellings to any type of ownership project until such time as an ordinance has been adopted or some other definitive or final action is taken with regard to such conversion problems; and The City Council , at its meeting of February 19 , 1980 , di- rected the City Attorney to prepare a proposed ordinance for its consideration and study, regulating conversions of existing multiple rental dwellings to types of ownership projects , and this interim ordinance will provide sufficient time in which to prepare such ordinance while maintaining the status quo on housing stock in this city, NOW, THEREFORE, pursuant to Section 65858 of the California Government Code, the City Council of the City of Huntington Beach, in order to protect the public health, safety and welfare, does ordain as f ollows: SECTION 1 . A moratorium is hereby placed on the acceptance and processing of applications for, and on the approval of, con- versions of existing multiple rental dwellings in this city to condominiums, stock cooperatives , community apartment projects , or any other type of ownership conversion project . SECTION 2. This interim ordinance shall be of no further force and effect four (4) months from the date of adoption hereof unless extended an additional eight (8 ) months , pursuant to Sec- tion 65858 of the California Government Code. SECTION 3 . For the purpose of this ordinance the following definitions shall apply: CONDOMINIUM shall mean an estate in real property consisting 2. of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a resi- dential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (a) an estate of inheritance or perpetual estate, (b) an estate for life, or ( c) an estate for years, such as a leashold or a subleasehold. STOCK COOPERATIVE shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years , improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. COMMUNITY APARTMENT PROJECT shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. SECTION 4. Any provision of the Huntington Beach Ordinance Code or Huntington Beach Municipal Code inconsistent herewith, to the extent of such inconsistency and no further, is hereby suspended during the period of this moratorium. SECTION 5. If any provision of this ordinance is held to be invalid or unconstitutional by the final judgment of a court of competent jurisdiction, it is the intent of the City Council that such portion of this ordinance shall be severable from the re- mainder and that the remainder shall be given full force and effect. SECTION 6. This ordinance is hereby declared to be an emergency measure for the immediate preservation of the general public peace, health, safety and welfare for the reasons set forth 3. i above and shall be in full force and effect immediately upon adoption by the City Council. SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its passage in the Huntington Beach Independent, a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of March 1980. Mayor Pro Tem ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: ty Administrator 4. Emergency Ord. No. 2420 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of March 19 80 , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Thomas, Mandic, Bailey, Yoder, Finley NOES: Councilmen: None ABSENT: Councilmen: MacAllister ABSTAIN: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, CA. I, Alicia ^4. Wentworth CITY CLERK of the City of Hun+:,g ,­ Pe h an11 o-r c f c::o CI_,rk of the City Courv: F-;�. ynopsis of this ordier'. H_!ntington Deacn Ina c: + r ;•f . ter of a i ('ity. City Clerk Deputy City Clerk