HomeMy WebLinkAboutOrdinance #2711 it
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ORDINANCE NO. 2711
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTIONS 9310.1 AND 9360.1; AND
ADDING THERETO NEW ARTICLE 936. 5 ESTABLISHING
STANDARDS AND GUIDELINES FOR CONVERSION OF
APARTMENTS TO RESIDENTIAL CONDOMINIUMS, STOCK
COOPERATIVES, AND COMMUNITY APARTMENTS
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9310.1 and 9360.1 to read as follows:
9310. 1. APPLICATION OF ARTICLE. The provisions of this
article shall apply only to real property for which an application
has been filed with the city for approval of a low-density planned
development which is less than eight (8) units per gross acre.
Real property, upon which a planned development is proposed, shall
have been zoned and shall be designated on the land use element of
the general plan for residential use. This article shall apply to
new developments.
9360. 1. APPLICATION OF ARTICLE. The provisions of this ar-
ticle shall apply to real property for which an application has
been filed for a medium/high-density planned residential develop-
ment which has eight (8) or more units per gross acre. Real prop-
erty, upon which such developments are proposed, shall have been
zoned and designated on the land use element of the general plan
for a residential use. This article shall apply to new
developments.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 936. 5 entitled, "Residential
Condominium Conversion" to read as follows:
936. 5.0. APPLICATION OF ARTICLE. The provisions of this ar-
ticle shall apply to real property for which an application is
filed with the city for approval to convert any existing apartment
complex, apartment house, apartment hotel, hotel, multiple dwel-
ahb
8/6/84
0104D
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ling or group dwelling to a condominium, community apartment, or
stock cooperative project and shall apply where multiple-owner
rental projects are sold separately or are divided so that ten-
ants are displaced. The provisions of this article shall not
apply to applications for the subdivision of existing rental
projects into multiple ownerships of two or more units which
remain rental units.
The real property proposed for such conversion shall be zoned
and designated for residential use in the land use element of the
city' s general plan.
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Rental units constructed subsequent to the effective date of
this article shall remain rental units for a minimum of five (5)
years. If, after the five-year period said development is con-
verted to condominiums, the condominium conversion shall be sub-
ject to the city' s planned residential development standards which
are in effect at that time.
936. 5.1. DEFINITIONS. Words and phrases whenever used in
this article shall be construed as defined herein unless from the
context a different meaning is intended and more particularly di-
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rected to the use of such words and phrases:
(a) Applicant shall mean the owner, developer, subdivider or
authorized agent of a project.
(b) Date of approval shall mean the date the Planning
Commission or City Council on appeal, approves the conditional use
permit and tentative tract applications.
(c) Date of conversion shall mean the date a final map for a
project was approved by the City Council.
(d) Project shall mean an existing apartment house, apartment
complex, apartment hotel, hotel, multiple dwelling or group dwel-
ling proposed for conversion to a condominium, community apart-
ment, or stock cooperative. For purposes of this definition, the
term "existing" shall mean a building constructed prior to 1945,
or if it was built after 1945, a certificate of occupancy was
issued for such building prior to the time of application.
(e) Affordable unit shall mean a residential unit, sold to or
occupied by a tenant earning up to 120 percent of Orange County' s
gross median income, as determined by the County of Orange, and
shall include any subsequent change in such income range, adopted
by the housing agency of Orange County.
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( f) Tenant shall mean an individual; or two or more people
who are unrelated by blood, affinity or legal adoption; or two or
more persons related by blood, affinity or legal adoption.
936. 5 .2 . PERMIT REQUIRED. (a) Conversion projects shall be
permitted subject to the issuance of a conditional use permit, as
provided in Article 984, and approval of a tentative tract map, as
provided by law. An application for a conditional use permit, and
a tentative tract map shall be filed for concurrent processing
with the Department of Development Services.
(b) No person, firm, corporation, partnership, or other en-
tity shall convert existing dwelling units to a condominium, com-
munity apartment, or stock cooperative project without first
having such conversion approved by the Planning Commission, or the
City Council on appeal.
936.5.3 . FEES REQUIRED. Each project application shall be
accompanied by a per unit fee to cover the reasonable cost of pro-
cessing, an application fee, and other fees required by provisions
of this article, all established by resolution of the City Council.
936.5.4. LIMITATIONS ON PROJECTS. No project shall be per-
mitted which is already part of the city' s low or moderate-income
rental housing developed with federal, state or local assistance,
except as permitted by subsequent revisions in federal/state law
or regulations.
936.5. 5. DEVELOPMENT PLAN REQUIRED. A development plan shall
be filed with. the application for a conditional use permit and a
tentative tract map, containing the following information:
(a) The date of construction of all elements of the project,
and the date and description of each major repair or renovation of
any structure or structural element, since the date of construc-
tion. For purposes of this subsection, "major repair" shall mean
any repair for which an expenditure of more than t5, 000 was made.
(b) A statement of the major use of said project since con-
struction;
(c) A statement regarding current ownership of all improve-
ments and the underlying land;
(d) Square footage and number of rooms in each unit;
(e) Rental rate history for the previous two (2) years;
( f) Monthly vacancy rate for each month during the preceding
two (2) years;
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(g) Tenant profile: (e.g. family size, length of residence,
age number of tenants of age 62 or older, number of children, num-
ber of handicapped or disabled tenants) ;
(h) Proposed sales price of each unit;
( i) Proposed homeowners ' association fee; and
( j ) Names and addresses of all tenants on three (3) sets of
gummed labels for the purpose of notifying tenants of relevant
public hearings.
When the applicant can demonstrate that such information is
not available, this requirement may be modified by the Development
Services Department.
936.5.6. SPECIAL CODE COMPLIANCE INSPECTION REPORT. The
applicant shall file, with other required applications and maps,
inspection reports from state licensed contractors or architects,
describing in detail building code violations, the conditions and
remaining useful life of all structures, roofs, foundations, me-
chanical, electrical, plumbing, structural elements, energy con-
servation efficiency, and an analysis of the general conditions of
ceilings, walls, doors, windows, appliances and the occupancy
classification under which the building was originally con-
structed. All projects shall meet all applicable requirements
contained in Huntington Beach Munitipal Code Title 17 as they
exist at the time of project approval. The final form of the re-
port required in this section shall be as approved by the Director
of Development Services, and shall remain on file in the
Department of Development Services for review by interested
persons.
936. 5.7. PEST CONTROL. The applicant shall file with the
Department of Development Services a structural pest control re-
port prepared by a licensed pest control contractor. Such report
shall be submitted prior to issuance of building permits and shall
remain on file in the Department of Development Services for
review by interested persons.
936.5.8. COVENANTS, CONDITIONS AND RESTRICTIONS. The ap-
plicant shall prepare a declaration of covenants, conditions and
restrictions subsequent to city approval and such declaration
shall be submitted to the City Attorney for approval as to form.
936.5.9. NOTICE OF INTENT--SERVICE. Applicants shall deliver
to each tenant and the Department of Development Services a writ-
ten notice of intent to convert at least sixty (60) days prior
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to the filing of appropriate applications. The applicant shall
also furnish proof of service, in a form approved by the Director
of Development Services, that each tenant and each person applying
for rental of a unit in such project has been informed of his or
her rights, and has, or will have, received all applicable notices
required by Government Code sections 66451.3 and 66452.5. The
written notices required hereunder shall be deemed satisfied if
such notices comply with the legal requirements for service by
mail.
If 936. 5.10. NOTICE OF INTENT--CONTENTS. Notices of intent
shall contain the following information:
(a) Name, address and phone number of applicant or authorized
agent;
(b) Statement of intent;
(c) Location of property;
(d) Total number of units;
(e) Approximate per unit purchase price;
( f) Earliest possible date of conversion;
(g) A description and brief explanation of state and city re-
quirements applicable to the project, including the rights of ten-
ants to participate in the governmental-decision process in effect
at the time the notice of intent to convert was mailed. A copy of
all laws and regulations pertaining to the project shall be avail-
able to tenants at the project rental office during normal busi-
ness; and
(h) Other information deemed reasonably necessary by the
Director of Development Services.
936. 5.11. NOTICE OF PUBLIC HEARING. Each tenant shall be
given written notice of the public hearing to be held on the proj-
ect not less than ten (10) days prior to the date of such public
hearing.
936.5.12. NOTICE OF FINAL DISPOSITION. Within ten (10) days
following the public hearing, each tenant shall receive written
notice of final disposition of the project, as determined by the
Planning Commission, and if approved, such notice shall include
all conditions imposed on the project. Service shall be by mail
at the expense of the applicant.
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936. 5.13. NOTICE OF PUBLIC REPORT. Pursuant to Government
Code section 66427.1(a) each tenant shall receive ten 10) days
written notice from the owner that an application for a public re-
port will be or has been submitted to the Department of Real
Estate, and that such report will be available on request. Such
notice shall also be submitted and filed with the Department of
Development Services.
936.5. 14. NOTICE OF FINAL MAP APPROVAL. As provided in
Government Code section 66427.1(b) , each tenant shall receive ten
(10) days written notice by the owner of approval of the final map
for the project.
936. 5.15 RIGHT TO PURCHASE. Pursuant to Government Code sec-
tion 66427.1(d) , each tenant occupying a unit on the date that the
project is approved by the city shall be given notice of an ex-
clusive right to contract for the purchase of his or her respec-
tive unit or any other available unit within the development upon
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the same terms and conditions that such unit will be initially
offered to the general public, or terms more favorable to the ten-
ant. This right shall run for a period of not less than ninety
(90) days from the date of issuance of the subdivision public re-
port, pursuant to California Business and Professions Code section
11018.2, unless such tenant gives prior written notice of his or
her intention not to exercise such right. Evidence that notice,
as required by Y registered this section, was sent b mail to each
tenant shall be submitted within five (5 ) working days of the date
of mailing to the Department of Development Services.
936.5.16. VACATION OF UNITS. Each tenant residing in the de-
velopment at the time of approval of the project by the city who
is not in default under the terms of his or her rental agreement
or lease shall be given a 180-day written notice of intention to
convert prior to termination of tenancy pursuant to Government
Code section 66427.1(c) . Each tenant shall have the right of oc-
cupancy for at least 120 days from the issuance of the final sub-
division public report prior to termination of tenancy due to con-
version.
936.5.17. INCREASE IN RENTS. From the date of approval of
the project by the city until the date of issuance of the final
subdivision public report, no tenant ' s rent shall be increased
( 1) more frequently than once every six months; and (2 ) at a
rate greater than 5 percent for a total of 10 percent per year.
This section shall not apply if provisions for rent increases have
been included in leases or contracts executed prior to approval of
a project.
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936.5.18. RELOCATION ASSISTANCE. (a) The owner shall pro-
vide actual moving expenses, not to exceed twice the monthly rent
(based on rent for the last month of occupancy) , to tenants re-
siding in the project at the time of approval by the city. Moving
expenses shall be paid within five (5) days to any tenant who
chooses to vacate his or her unit.
(b) Any tenant who is sixty-two (62) years of age or older,
and any handicapped tenant shall be offered lifetime leases by the
owner at the time the project is approved by the city.
(c) The owner shall allow any tenant with school-age children
to extend the existing lease and continue to occupy his or her
unit until the end of the current school year at the time the
project is approved by the city.
936.5.19. NOTICE TO NEW TENANTS. After approval of the proj-
ect by the city, prospective tenants shall be notified in writing
of the pending conversion prior to leasing or renting any unit.
No provision of this article relating to residents of a proposed
project shall apply to prospective tenants.
936.5.20. DEVELOPMENT STANDARDS. All proposed projects shall
conform to the development standards contained in this article ex-
cept where otherwise specified.
936.5.21 . MAXIMUM DENSITY. The maximum density of a project,
approved pursuant to provisions contained in this article, shall
not exceed the following specifications except where the proposed
project is on property which has an area within the abutting pub-
lic street right-of-way greater than 7 1/2 percent of the site
area, in which case that portion of the street right-of-way ex-
ceeding 7 1/2 percent of the site area shall not be used to com-
pute the maximum density of such development:
(a)
Maximum Units Maximum Bedrooms
District per Gross Acre per Gross Acre
R2 15.0 38
R3 25.0 50
R4 35.0 53
(b) For the purposes of this section, any additional room
shall be considered a bedroom (although provided as a den, study
or sewing room) in a single, bachelor, one-bedroom, or two-bedroom
unit which meets the Uniform Building Code definition of habitable
space, if 50 percent or less of one wall is open to an adjacent
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room or hallway and such room contains a wardrobe, closet or simi-
lar facility normally found in a bedroom.
936. 5.22 . SITE COVERAGE. Maximum site coverage for all
buildings proposed for the site on which the project is located
shall not exceed the following percentage of the net area being
developed:
Units/Acre Maximum Coverage
0-16 45%
16.01 and over 50%
EXCEPTION: Projects providing open space in excess of the
amount required by section 936. 5.10 will be allowed an in-
crease in site coverage equaling an additional one ( 1) square
foot for each one ( 1) square foot of excess open space not to
exceed 75 percent of the site.
936.5.23 . SETBACK FROM PUBLIC STREETS. The setback from a
public street shall average twenty (20) feet for any structure ex-
ceeding forty-two (42) inches in height. In no case shall the
minimum setback be less than fifteen (15) feet.
936. 5.24. SETBACK FROM INTERIOR PROPERTY LINES. GARAGES.
The minimum setback from an interior property line for garages
shall not be less than ten (10) feet; however, such structures may
be constructed at a zero setback provided that:
(a) Finished grade of the development at the common property .
line shall not exceed finished grade on abutting property by more
than one (1) foot in height;
(b) The wall of such structure constructed along the common
property line shall be solid masonry material;
(c) No portion of the structure or architectural features
shall project over the common property line; and
(d) In no case shall the height of the garages exceed nine
(9) feet when measured from finished grade on the abutting prop-
erty.
936.5.25. SETBACK FROM INTERIOR PROPERTY LINE. BUILDINGS
THIRTY (30) FEET OR UNDER IN HEIGHT. The minimum setback for all
buildings thirty (30) feet or less in height (other than garages)
shall not be less than ten (10) feet. Such setback shall be in-
creased at the rate of one ( 1) foot for each two and one-half
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(2 1/2) feet of building length exceeding twenty-five ( 25) feet
when such building is adjoining property zoned or used for
single-family residential use.
936. 5.26. SETBACK FROM INTERIOR PROPERTY LINE. BUILDINGS
OVER THIRTY (30) FEET IN HEIGHT. The minimum setback for all
buildings over thirty ( 30) feet or more in height (other than
garages) shall not be less than ten (10) feet, except where the
project is constructed on property which has a common property
line with property zoned or general planned low-density resi-
dential, in which case the ten (10) foot setback shall be in-
creased as follows:
(a) A minimum one hundred (100) feet where there has been no
buffer of landscape screening and/or a parking structure proposed;
or
(b) A minimum of eighty-five (85) feet where there has been a
buffer of landscape screening and/or a parking structure proposed
for construction along such common property line or between a
building exceeding thirty (30) feet in height and such property
line.
936. 5.27. BUILDING SEPARATION--DISTANCE. Buildings may be
separated by the following distances:
(a) Between one-story buildings, front to front, twenty-five
( 25) feet. This distance shall be increased by five (5) feet for
each story of each building in excess of one.
(b) Between one-story buildings, rear to rear or rear to
front, twenty (20) feet. This distance shall be increased by five
(5) feet for each story of each building in excess of one.
(c) Between buildings, side to front or side to rear, fifteen
(15) feet.
(d) Between one- or two-story buildings, side to side,
fifteen (15) feet. Between three-story buildings, side to side,
twenty-five (25) feet.
In order to provide for obliquely-aligned buildings, the
distance specified above may be decreased by five (5) feet at one
building corner if increased by an equal greater distance at the
other corner.
(e) Distance between detached accessory buildings shall not
be less than fifteen (15) feet.
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(f) Distance between ground floor area of buildings used for
human habitation and detached accessory buildings shall not be
less than ten (10) feet.
(g) Distance between uncovered and unenclosed parking spaces
and any ground floor area of a building used for human habitation,
shall be not less than fifteen (15) feet.
(h) Distance between vehicular access and that portion of a
building used for human habitation shall be not less than fifteen
( 15) feet.
936.5.28. BUILDING HEIGHT. The maximum building height shall
not exceed thirty-five (35) feet.
936. 5.29. BUILDING BULK. Building lengths shall not exceed
180 feet. Building exteriors shall be provided with offsets in
the building line to provide variation.
936. 5.30. OPEN SPACE (COMMON) . A minimum of six hundred
(600) square feet of common open space shall be provided for each
dwelling unit. Patio areas and balconies may be included in the
total calculation for common open space provided it does not ex-
ceed 50 percent of the total amount of common open space re-
quired. Common open space areas shall not be located within ten
(10) feet of any side of a ground floor dwelling unit having a
door or window. On any side without a door or window, common open
space areas may be located within five (5) feet of the ground
floor dwelling unit, provided the separation area is landscaped.
Also such common open space areas shall have a minimum dimension
of ten (10) feet if any part of such area is to be included in the
calculations for minimum open space areas.
936. 5.31. OPEN SPACE (PRIVATE) . Each unit in which all rooms
used for human habitation are constructed at ground level shall be
provided with a patio containing a minimum of two hundred (200)
square feet located adjacent to such unit. Units in which all
rooms used for human habitation are constructed above ground level
shall be provided with balconies or sundecks with a minimum of
sixty (60) square feet and a minimum dimension of six (6) feet.
936.5.32. MAIN RECREATION AREA. MINIMUM SIZE (PROJECTS MORE
THAN 4 ACRES) . A main recreation area shall be required for all
projects containing more than four (4) gross acres. The minimum
size of the main recreation area shall not be less than ten
thousand (10,000) square feet with a minimum dimension of fifty
( 50) feet and a minimum average dimension of one hundred ( 100)
feet.
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(a) Two or more of the following facilities shall be provided
within the main recreation area: swimming pool, tennis court,
basketball court, putting green, playground equipment, volleyball
court, lawn bowling, outdoor cooking facility, or similar fa-
cilities.
(b) The main recreation area shall not be located closer than
twenty (20) feet to a building used for human habitation having
ground floor windows or doors, and no closer than five (5) feet to
a wall of a building used for human habitation containing no win-
dows or doors. Recreation facilities or structures and their ac-
cessory uses, located in the main recreation area, shall be con-
sidered in calculating the total size of such area; except that
paving, roofs, and other such surfaces shall constitute no more
than 5 percent of the total area.
(c) A clubhouse facility shall be provided in the main rec-
reation area for projects of fifty (50) units or more. Such club-
house shall be not less than seven (7 ) square feet per unit nor
less than minimum Uniform Building Code standards, and shall con-
tain additional facilities to meet the recreational needs of the
project.
936.5.33 . MAIN RECREATION AREA. MINIMUM SIZE (PROJECTS 4
ACRES OR LESS) . The minimum dimension for all recreation areas
shall be fifty (50) feet. For projects containing less than one
( 1) gross acre, a main recreation area of twenty-five (2500)
square feet shall be provided. For projects containing one (1)
gross acre but less than four (4) gross acres, a main recreation
area shall be provided based on the following table:
Units/Acre Main Recreation Area
0-15 165 sq. ft. per unit
2500 sq. ft. minimum
15.01 and over 100 sq. ft. per unit
2500 sq. ft. minimum
(a) The main recreation area shall not be located closer than
ten (10) feet to a building used for human habitation having
ground floor windows or doors, and no closer than five (5) feet to
a wall of a building used for human habitation containing no win-
dows or doors. Recreation facilities or structures and their ac-
cessory uses located in the main recreation area shall be con-
sidered in calculating the total size of such area; except that
paving, roofs, and other such surfaces shall constitute no more
than 5 percent of the total area.
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(b) One (1) or more of the following shall be provided within
the main recreational area: swimming pool, tennis court, basket-
ball court, putting green, playground equipment, volleyball court,
lawn bowling and outdoor cooking facilities.
936.5.34. MINIMUM FLOOR AREA. Each dwelling unit within the
development shall have the following minimum floor area:
Minimum Floor
Unit Type Area (Sq. Ft. )
Bachelor and single 450
One (1) bedroom 650
Two (2) bedrooms 900
Three (3) bedrooms 1100
Four (4) bedrooms 1300
936.5.35. PRIVATE ACCESS WIDTHS. Private ways serving as ac-
cess to or within a project shall be provided with a minimum paved
width equivalent to not less than two (2) twelve (12 ) foot wide
travel lanes. An additional twelve (12) foot wide travel lane
shall be provided for each direction of traffic flow where an ac-
cess way intersects a local or arterial public street for a dis-
tance of not less than one hundred (100) feet from such intersec-
tion into the project. This requirement may be reduced at the
discretion of the Planning Commission based on the size of the
project, location, and low number of entrances.
Access ways exceeding 150 feet in length shall comply with
Fire and Public Works Department standards.
936. 5.36. PARKING. Required parking for a project shall be
provided at the following ratio:
(a) Dwelling units with no more than one (1) bedroom shall be
provided with one and one-half (1 1/2) on-site parking spaces.
One (1) space shall be covered. The remaining space may be unen-
closed and uncovered.
(b) Dwelling units with two (2) or more bedrooms shall be
provided with two (2 ) on-site parking spaces. One ( 1) of these
spaces shall be covered. The remaining space may be unenclosed
and uncovered.
(c) In addition to the parking requirements contained in sub-
sections (a) and (b) of this section, each dwelling unit shall be
provided with one-half guest parking space. Guest parking spaces
shall be located throughout the project to serve both
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residents and guests conveniently.
(d) All required covered parking shall be located within two
hundred (200) feet of the dwelling unit it is designed to serve.
(e) All required parking spaces or areas, covered or un-
covered, in a project shall be screened on a horizontal plane not
to exceed six (6) feet.
( f) The access, dimensions and turning radii for all parking
shall conform to the provisions of this code.
936.5.37. LANDSCAPING. The project shall be landscaped as
follows:
(a) All setback areas fronting on or visible from an adjacent
public street, and all recreation, leisure and open space areas
shall be landscaped and permanently maintained in an attractive
manner . Such landscaping shall consist primarily of ground cover,
fern, trees, shrubs, and other living plants.
(b) Decorative design elements such as fountains, pools,
benches, sculpture, planters and similar elements may be permitted
provided such elements are incorporated as part of the landscaping
plan.
(c) Permanent irrigation facilities shall be provided in all
landscaped areas.
(d) A landscape and irrigation plan shall be subject to ap-
proval by the Director prior to the issuance of building permits.
936.5.38. ADDRESS SIGNS. Address numbers shall be placed at
uniform locations throughout the development, and such placement
shall first be approved by the Director.
936.5.39. CABLE TV. No exterior television antenna shall be
permitted but a common underground cable service to all dwelling
units shall be provided where practicable.
936.5 .40. FIRE HYDRANT SYSTEM. No building permits shall be
issued until plans and engineering calculations for a fire hydrant
system have first been approved by the Fire Marshal for adequacy.
No units shall be occupied until such system is fully operable.
936.5.41 . LAUNDRY AREAS. Where laundry areas, other than
those located within individual dwelling units are provided, such
areas shall be located to minimize visual and noise intrusion both
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within and outside the project.
936.5.42. LIGHTING. The developer shall install an on-site
lighting system on all vehicular access ways and along major walk-
ways. A lighting plan shall be submitted for approval to the
Director. Such lighting shall be directed onto driveways and
walkways in the project and away from adjacent properties.
Lighting shall also be installed for all covered and enclosed
parking areas.
936. 5.43. OUTSIDE STORAGE SPACE. Where the proposed project
has provided a covered parking facility other than an attached ga-
rage for each dwelling unit, a minimum of one hundred (100) cubic
feet of storage space shall be provided outside the dwelling for
each such unit. The design, location and size of the storage
space shall be integrated into the project.
936. 5.44. SEWER AND WATER SYSTEMS. Sewer and water systems
shall be designed to city standards. Such systems shall be lo-
cated within streets, alleys or drives. In no case shall indi-
vidual sewer lines or sewer mains for a dwelling unit be permitted
to extend underneath any other dwelling unit.
936. 5.45. SIGNS. All signs in the development shall conform
to applicable provisions for the district in which such develop-
ment is located.
936.5.46. STREET SIGNS. The developer shall install on-site
street name signs at the intersections of access ways, as approved
by the Director of Public Works. Street name signs shall first be
approved by the Planning Commission for design and type pursuant
to the appearance standards set out in this article. All signs
required by this section shall be installed at approved locations
prior to the time the first dwelling unit is occupied.
936.5.47 . STREET TREES. Street trees shall be provided pur-
suant to city standards with fifteen (15) gallon trees planted ap-
proximately forty-five (45) feet on center on local public streets
having sixty (60) foot rights-of-way and thirty (30) inch box
trees shall be planted at approximately forty-five (45) foot in-
tervals within a ten (10) foot setback from the public
right-of-way line where parkway trees cannot be planted within
such right-of-way. Twenty (20) inch box trees shall be planted on
all arterial highways. A plan showing the type and placement of
such trees shall be approved by the Department of Public Works and
the Department of Development Services.
936. 5.48. TRASH COLLECTION AREAS. Trash collection areas
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shall be located within two hundred (200) feet of the units they
are to serve. Such areas shall be enclosed or screened with ma-
sonry, and shall be situated in order to minimize noise and visual
intrusion on adjacent property as well as to eliminate fire hazard
to adjacent structures.
936.5.49. VEHICULAR STORAGE. Outside uncovered and un-
enclosed areas for storage of boats, trailers, recreational ve-
hicles and other similar vehicles shall be prohibited unless spe-
cifically designated areas for the exclusive storage of such ve-
hicles are set aside on the final development plan and provided
for in the association' s covenants, conditions and restrictions.
Where such areas are provided, they shall be enclosed and screened
from view on a horizontal plane from adjacent areas by a combina-
tion of six (6) foot high masonry wall and permanently maintained
landscaping.
936.5. 50. SOUND ATTENUATION. No unit in a building approved
for conversion shall be offered for sale unless it meets the noise
insulation standards contained in Title 25 of the California
Administrative Code as they exist at the time of project ap-
proval. An acoustical analysis shall be performed subject to the
review and approval of the Department of Development Services sub-
sequent to project approval but prior to issuance of any certifi-
cates of occupancy. Any approved conditional use permit and ten-
tative tract map shall require that an acoustical analysis be per-
formed. No certificate of occupancy shall be issued for a con-
verted unit unless the applicant certifies that it meets the noise
insulation standards of Title 25 of the California Administrative
Code.
936.5. 51 . LOCKS. All units shall have dead bolt locks on all
exterior doors.
936. 5.52. SOLAR WATER HEATING. All projects containing a
common water heating system shall be converted to a solar water
heating system subject to the approval of the Planning Commission
unless it can be shown that such conversion is not reasonably
feasible.
936. 5.53. FIRE PROTECTION. Individual adjoining units within
any building of a project shall be separated with one-hour fire
walls from floor to ceiling. Each building of a condominium
conversion project shall be provided with a water shutoff valve.
936. 5.54. SECURITY. All projects shall be provided with
fully enclosed garages with locks or a security system for the
entire project, approved by the city.
15.
936.5.55. SPECIAL PERMIT. Standards contained in this
article are designed to encourage projects creating an aesthet-
ically-pleasing appearance and enhance the living environment for
the residents of the project, and to facilitate innovative archi-
tectural design and adaptation of the project to the terrain and
surrounding environment. Deviation from the requirements of this
article, with the exception of maximum density, may be granted at
the time of approval of the project unless the applicant avails
himself or herself of provisions for a density bonus or other in-
centive. Concurrently with filing a conditional use permit appli-
cation, the developer may file an application for a special permit
authorizing deviation from the provisions of this article, and
such application shall be heard concurrently with the conditional
use permit application. The Planning Commission may approve the
special permit application in whole or in part upon a finding that
the proposed development will:
(a) Promote better living environments;
(b) Provide better land planning techniques with maximum use
of aesthetically-pleasing types of architecture, landscaping, site
layout and design;
(c) Not be detrimental to the general health, welfare, safety
and convenience of the neighborhood or city in general, nor detri-
mental or injurious to the value of property or improvements of
the neighborhood or of the city in general; and
(d) Shall be consistent with objectives of project standards
in achieving a project adapted to the terrain and compatible with
the surrounding environment.
936.5. 56. DENSITY BONUS AND OTHER INCENTIVES FOR PROVIDING
LOW-MODERATE INCOME HOUSING. Consistent with California
Government Code section 65915.1, an applicant for a project may
request that the project be granted a density bonus or other in-
centives of equivalent financial value, provided all of the
following requirements are met:
(a) For purposes of this article, the term "density bonus"
means an increase in the proposed units of 25 percent over the
number permitted, pursuant to current zoning on the property, to
be provided within the existing structure or structures for the
project. The term "other incentives of equivalent financial
value" includes the reduction or waiver of requirements which
would otherwise apply as conditions of approval pursuant to the
Huntington Beach Ordinance Code, but shall not be construed to
require the city to provide cash transfer payments or other
16.
monetary compensation to the applicant.
(b) At least sixty (60) days prior to submitting an applica-
tion for a tentative subdivision map and conditional use permit
for a project pursuant to this article, an applicant wishing to
avail himself or herself of the provisions of this section shall
submit a written proposal to the Planning Director.
936.5.57. CONTENTS OF PROPOSAL. The proposal shall contain,
as a minimum, the following:
(a) A general description of the proposed project, including
the number of units proposed to be converted, general plan desig-
nation, applicable zoning, maximum possible density, and such
other information as is necessary and sufficient.
(b) A calculation of the density bonus allowed pursuant to
California Government Code Section 65915.5(b) , which is an in-
crease in units of 2-'--percent over the number of units within the
existing structure or structures proposed for conversion.
(c) A quantification, based on an analysis of comparable
sales, of the financial value of the 25 percent density bonus.
(d) A statement of whether the applicant requests the city to
grant a density bonus, consideration of incentives ( i.e. , reduc-
tions or waivers of requirements as may be found in this article)
of equivalent financial value, or some combination of both. If
the applicant requests reductions or waivers of such requirements,
they shall be quantified and shall not exceed the total consider-
ation of equivalent financial value calculated pursuant to subsec-
tion (c) of this section.
(e) A legally binding and enforceable document, in a form ac-
ceptable to the City Attorney, that sets forth the applicant ' s
agreement to provide:
(1) At least 33 percent of the total units of the pro-
posed project to persons and families of low or moderate income,
as defined in California Health and Safety Code section 50093, or:
(2 ) At least 15 percent of the total units of the pro-
posed project to lower income households, as defined in section
50079.5 of the California Health and Safety Code.
(3) If the applicant proposes to implement subsection
(a) , one-half of the lowor moderate-income housing shall be
17.
provided as low-income housing.
( f) Within ninety (90) days of receipt of the written pro-
posal made by an applicant pursuant to this section, the Director
of Development Services shall notify the applicant in writing of
the specific manner in which the city will implement this sec-
tion. To the maximum extent possible, all subsequent city review
of and action on applicant ' s proposal for a density bonus or con-
sideration of equivalent financial value, or a combination of
both, shall occur in a manner concurrent with the processing of
the tentative subdivision map and conditional use permit.
(g) The Director of Development Services may place reasonable
conditions on the granting of the density bonus or other incen-
tives of equivalent financial value, or a combination thereof, as
proposed by the applicant. However, such conditions shall not
have the effect, individually or cumulatively, of impairing the
objective of California Government Code section 65915. 5 and this
section to provide for substantial low or low-moderate income
housing opportunities in projects.
(h) An applicant shall be ineligible for a density bonus or
other incentives of equivalent financial value if the project pro-
posed constitutes a housing development for which the city has
previously provided a density bonus or other incentives pursuant
to California Government Code section 65915 .
( i) If the Director of Development Services ' notification
pursuant to subsection ( f) differs from the applicant' s proposal
submitted pursuant to this section, the Planning Commission, upon
request from applicant and after public hearing, shall determine
whether the density bonus, incentives of equivalent financial
value, or combination thereof, as proposed by the applicant, will
reasonably implement the provisions of this article, including
particularly the objective to provide substantial low or
low-moderate income ownership housing opportunities as part of the
proposed project.
( j ) A filing and processing fee of $1,000, as established by
resolution of the City Council, shall be paid by the applicant to
the city at the time the applicant submits his or her proposal for
a density bonus or incentives of equivalent financial value pur-
suant to this section. This fee shall be in addition to other
fees required by this article.
(k) Any applicant for a project which has previously been
granted a density bonus, incentives of equivalent financial value,
or a combination of both, shall be responsible for the
18.
i
implementation of the low-moderate income housing program agree-
ment required by this article. The applicant shall provide quar-
terly notice of the actual implementation of the low-moderate in-
come housing agreement to the Director of Development Services.
936.5. 58. AFFORDABILITY. The applicant, seeking approval for
a project, shall file along with conditional use permit and ten-
tative tract applications, a report depicting the method which
will be implemented to assure the availability of affordable units
to tenants. The report shall be reviewed by the Planning
Commission prior to action on the conditional use permit and ten-
tative tract applications.
936. 5.59. PLANNING COMMISSION CONSIDERATIONS. In reviewing
requests for conversion, the Planning Commission shall consider
the following:
(a) Whether the amount and impact of the displacement of ten-
ants, if the project is approved, would be detrimental to the
health, safety, or general welfare of the community.
(b) The role that the existing structure or structures plays
in the current market. Particular emphasis will be placed on the
evaluation of rental structures to determine if the existing com-
plex is serving low- and moderate-income households. Criteria to
determine low- and moderate-income households used by the federal
and state governments will be used in the evaluation.
(c) The number of families on current waiting lists for as-
sisted rental housing programs that operate in this city, and the
most recent housing assistance plan of the city and any successor
programs.
(d) The probable income range of tenants in existing rental
units based on factual information supplied by the applicant which
can be adequately documented. Such income range will be compared
with existing income limits to determine whether potentially dis-
placed tenants can be classified as low and moderate income.
(e) The need, demand and community benefits which are derived
from the provision of low- and moderate-income home ownership
opportunities which opportunities are increased by the conversion.
( f) If the Planning Commission determines that vacancies in
the project have been increased for the purpose of preparing for
conversion, the conversion shall be disapproved. In assessing the
current vacancy level, the increase in rental rates over the pre-
ceding two (2) years and the average monthly vacancy rate for
19.
the project over the preceding two (2) years shall be considered.
(g) If the Planning Commission determines that the comparable
rental dwelling unit vacancy rate in the city at the time of and
for the year prior to the filing of the application is equal to or
Tess than 3 percent, it shall deny, without prejudice, any condi-
tional use permit for a project. For purposes of this section a
li "comparable rental dwelling unit" is one of similar size and
monthly rental cost.
936.5.60. VACANCY RATE ANALYSIS REQUIRED. A vacancy rate
analysis shall be prepared and submitted to the Department of
Development Services together with the project application to de-
termine the vacancy rate. If the vacancy rate analysis indicates
a rental dwelling unit vacancy rate of 3 percent or less, then the
applicant may, as part of the application, propose a program that
provides for continued or new low-moderate income rental housing
opportunities that otherwise would be precluded by the project.
936. 5.61. FINDINGS. The Planning Commission may approve an
application for a project if the Planning Commission finds that:
(a) The project will not be detrimental to the health,
safety, and general welfare of the community.
(b) The proposed project is consistent with the General Plan
of the City of Huntington Beach or legally nonconforming with the
density requirement of its land use element.
(c) The proposed project will conform to this code and appli-
cable provisions of the Huntington Beach Municipal Code in effect
at the time of approval, except as otherwise provided in this
article.
(d) The overall design and physical condition of the project
will result in aesthetically-attractive, safe and quality con-
struction.
(e) The proposed project will not displace a significant per-
centage of low and moderate income or senior citizen tenants, ten-
ants with children, nor delete a significant number of low- and
moderate-income rental units from the city' s housing stock at a
time when no equivalent housing is readily available in the area.
(f) The applicant has not engaged in coercive, retaliatory
action regarding tenants after the submittal of the first applica-
tion for city review through the date of approval.
20.
i
936.5.62. ACTION BY PLANNING COMMISSION. At the conclusion
of its hearing, noticed as otherwise provided in this code, the
Planning Commission shall approve, conditionally approve, or deny
said application pursuant to the provisions of this article, and
such decision shall be supported by a resolution of the Planning
Commission setting forth its findings.
The decision of the Planning Commission shall be final subject
only to rights of appeal to or review by the City Council as pro-
vided elsewhere in this code.
936. 5.63. PREREQUISITES TO APPROVAL OF A FINAL MAP. The City
Council shall not approve a final map for a subdivision to be
created from the conversion of residential real property into a
project unless:
(a) The applicant has complied with all applicable city ordi-
nances and state regulations in effect at the time a tentative map
was approved; and
(b) The applicant has complied with the conditions of ap-
proval.
SECTION 3 . This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th day
of September, 1984.
r
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEW APPROV D• IN TED AND APPR
ity Administrator Director of Dev en
Services
21.
Ord. No. 2711
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 8th day of August
19 84 , and was again read to said City Council at a regular
meeting thereof held on the 4t-h day of September 19 84 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Kelly, Finley, Bailey
NOES: Councilmen:
Thomas
ABSENT: Councilmen:
Pattinson, Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex•offitio Cleric of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Huntington
Beach Independent on
h �/
,....f..3.... .... ia........7.......
In accordance with the City Charter of said City.
AMIA M. WENTINOR"
. city Clerk
ifteputy city clerk