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