HomeMy WebLinkAboutStandards and Guidelines for Conversion of Apartments to Con FAii<HOUSING NCiL OF ORANGE COUNTY
F T,, UCIE OF ORANGE COUNTY
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Huntington Beach, CA 92648 August 6 , 1984
Dear City Council members ;
The Orange County Fair Housing Council welcomes the opportu-.
nity to address the . Council on the proposed condominium " con-
version ordinance . The Fair Housing Council is a non-profit
corporation with the functions of upholding Fair Housing, laws
and working to eliminate unlawful discrimination in housing.
In addition we counsel landlords and tenants on the current
housing law and we advocate the preservation and maintenance
of housing for all economic segments .
We came before the Council in regards to a proposal in April
last year by Nobert Dall � Associ.ates to convert Huntington
West apartments . At that time we raised some questions as to
the seriousness of the impact on rental . stock. For example ,
Huntington. West comprises approximately to of the total rental
units. in Huntington Beach and the latest vacancy rate for
Orange County was listed at 1 . 9% by the Federal Home Loan Bank
Board Survey, with the City of Huntington Beach at 2 . 0% . In
our review of the staff' s proposed condominium ordinance , we
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have some spef.icic comments which may add clarity to the pro-
posed ordinance . We will be speaking primarily to the area
of tenant assistance and notification.
In general , the staff' s preparation of the ordinance ha-s ad-
dressed many specific concerns we had with Huntington West
1) Inclusion of notification times that exist in current
State law, 2) a tenant profile with vital facts to be in-
cluded, 3) important guidelines for vacation of units and rent
increases , and 4) notice to new tenants that the units are to
be converted. In addition, the density bonus incentive offers
apartment owners a way of developing more options , for all
economic segments . We are pleased to see that staff has thought
through many of the issues that surrounded last year' s Hunting-
ton West request to convert . There are still two or three
major points that need to be addressed .
1 . IS A VITAL RENTAL HOUSING STOCK IN- THE BEST INTERESTS OF
THE COMMUNITY OF HUNTINGTON BEACH?
According to the 1980 Census , the City of Huntington Beach has
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9 ,652 households who are making less than $15 , y, 000 a year and
paying more than' 25a of their incomes for housing alone.
Affordable rentals represent the most economically feasible
way of providing adequate housing for low income households
working and/or living in Huntington Beach. Huntington Beach ' s
vacancy rate is presently lower than it ever has been. (1 .60
according to May-June 1983 Federal Home Loan Bank Board)
Therefore , we recommend that your Ordinance (Section 936 . 5 . 14
-3-' Y
(9) ) require that conversion applications be denied whenever
the City' s vacancy rate is less than 5% (considered by HUD to
be emergency levels) . We recommend that in addition, incen-
tives- be offered to programs -which provide for the construction
of new rental units or rehabilitation of the existing rental
stock . This can be accomplished by revenue bonds and Block
Grant monies .
. The vacancy rate is a dynamic number , fluctuating year to year .
The 1980 Census ..does not provide this accuracy. A more up-to-
date measurement on a year to year basis is the Federal Home
Loan Bank Boards Vacancy Survey , done on a yearly basis .
2) WHAT IS THE HARDSHIP ON EXISTING TENANTS SHOULD APPROVAL
BE GIVEN?
If the rental stock reaches a 5% vacancy rate:, consideration
of relocation cost should take into account the need for tenants
to..come up with first and last months rent and a security de-
posit totaling $1 , 500 or more ! The proposed (page D-lA-8)
ordinance only allows for 1z months rent. A more reasonable
amount would be first and last months rent with .a $500 moving
cost allowance . " Many cities also make special allowances for
very low income households , including the elderly and disabled.
Thank you for your careful consideration of these comments .
Sincerely ,
Maya Dunne
Execu ive Director
70 /sr�5 a�,�€�
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CODE AMENDMENT NO. 83-16
ORDINANCE NO. 2711
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTIONS 9310. 1 AND 9360. 1 ; AND
ADDING THERETO NEW ARTICLE 936. 5 ESTABLISHING
STANDARDS AND GUIDELINES FOR CONVERSION OF
APARTMENTS TO RESIDENTIAL CONDOMINIUMS, STOCK
COOPERATIVES, AND COMMUNITY APARTMENTS
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9310. 1 and 9360. 1 to read as follows :
9310. 1 . APPLICATION OF ARTICLE. The provisions of this
article shall . apply only to real property for which an application
has been filed with the city for approval of a low-density planned
development which is less than eight (8) units per gross acre .
Real property, upon which a planned development is proposed , shall
have been zoned and shall be designated on the land use element of
the general plan for residential use. This article shall apply to
1 OtX new developments.
9360. 1 . APPLICATION OF ARTICLE. The provisions of this ar-
ticle shall apply to real property for which an application has
been filed for a medium/high-density planned residential develop-
ment which has eight (8) or more units per gross acre. Real prop-
erty, upon which such developments are proposed , shall have been
zoned and designated on the land use element of the general plan
for a residential use . This article shall apply to ? OtX new
afpld/¢�fjC$ j(y(� 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 _
8/15/84 — —r
1 .
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.
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-
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 ouncil 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 approve y t e 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 y 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.
2.
(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 re air" shall mean
any repair for which an expenditure of more than 5 ,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 ;
3.
(g) Tenant profile : (e.g. family size , length of residence ,
age number of tenants of age 62 or older , number of children,
number 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 ,
mechanical , electrical , plumbing , structural elements , energy
conservation efficiency, and an analysis of the general conditions
of ceilings , walls , doors , windows , appliances and the occupancy
classification under which the building was originally
constructed. 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
report 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
report 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
applicant 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
written 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 require ereunder shall be deemed satisfied if
such notices comply with the legal requirements for service by
mail .
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
requirements applicable to the project , including the rights of
tenants 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 available to tenants at the project rental office during normal
business ; 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
project 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.
5.
936. 5 . 13. NOTICE OF PUBLIC REPORT. Pursuant to Government
Code section 66427. 1 (a) each tenant shall receive ten 10 ays
wr tten notice from the owner that an application for a public
report 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
section 66427 . 1 (d) , each tenant occupying a unit on t e ate that
the project is approved by the city shall be given notice of an
exclusive right to contract for the purchase of his or her
respective unit or any other available unit within the development
upon the same terms and conditions that such unit will be
initially offered to the general public, or terms more favorable
to the tenant . This right shall run for a period of not less than
ninety (90) days from the date of issuance of the subdivision
public report , 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 this section, was sent by
registered 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
development 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—
occupancy for at least 120 days from the issuance of the final
subdivision public report prior to termination of tenancy due to
conversion.
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 .
6.
936. 5 . 18. RELOCATION ASSISTANCE. (a) The owner shall
provide actual moving expenses , not to exceed twice the monthly
rent (based on rent for the last month of occupancy) , to tenants
residing 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 . 18. NOTICE TO NEW TENANTS. After approval of the
project 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 .19. DEVELOPMENT STANDARDS. All proposed projects shall
conform to the development standards contained in this article
except where otherwise specified.
936. 5. 19. 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
public 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
exceeding 7 1/2 percent of the site area shall not be used to
compute 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
similar facility normally found in a bedroom.
936. 5 . 20. 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
increase 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 . 21 . SETBACK FROM PUBLIC STREETS. The setback from a
public street shall average twenty (20) feet for any structure
exceeding forty-two (42 ) inches in height . In no case shall the
minimum setback be less than fifteen (15) feet.
936. 5 . 22 . 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
property.
936. 5 . 23. 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
increased at the rate of one (1 ) foot for each two and one-half
8.
(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 . 24. 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
residential , in which case the ten (10) foot setback shall be
increased 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 . 25. 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.
9.
(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. 26. BUILDING HEIGHT. The maximum building height shall
not exceed thirty-five (35) feet.
936. 5. 27. 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. 28. 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
exceed 50 percent of the total amount of common open space
required. 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 . 29. 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 . 30 . 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.
10.
(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
facilities .
(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
windows or doors . Recreation facilities or structures and their
accessory uses , located in the main recreation area, shall be
considered 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
recreation area for projects of fifty ( 50) units or more . Such
clubhouse shall be not less than seven (7) square feet per unit
nor less than minimum Uniform Building Code standards , and shall
contain additional facilities to meet the recreational needs of
the project.
936. 5 . 31 . 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-fi.ve (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
windows or doors . Recreation facilities or structures and their
accessory uses located in the main recreation area shall be
considered 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.
11 .
(b) One (1) or more of the following shall be provided within
the main recreational area : swimming pool , tennis court ,
basketball court , putting green, playground equipment , volleyball
court , lawn bowling and outdoor cooking facilities.
936. 5 . 32. 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 . 33 . PRIVATE ACCESS WIDTHS. Private ways serving as
access 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
access way intersects a local or arterial ublic street for a
distance of not less than one hundred (100� feet from such
intersection 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. 34 . 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
unenclosed 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
subsections (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
uncovered , 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 . 35. 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
approval by the Director prior to the issuance of building permits .
936. 5 . 36. 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 . 37. 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 . 38. 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 . 39. 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
13.
within and outside the project.
936. 5 . 40. LIGHTING. The developer shall install an on-site
lighting system on all vehicular access ways and along major
walkways . 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 . 41 . OUTSIDE STORAGE SPACE. Where the proposed project
has provided a covered parking facility other than an attached
garage 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 . 42. SEWER AND WATER SYSTEMS. Sewer and water systems
shall be designed to city standards. Such systems shall be
located within streets , alleys or drives . In no case shall
individual sewer lines or sewer mains for a dwelling unit be
permitted to extend underneath any other dwelling unit.
936. 5 . 43. SIGNS. All signs in the development shall conform
to applicable provisions for the district in which such
development is located.
936. 5. 44. 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. 45 . STREET TREES. Street trees shall be provided
pursuant to city standards with fifteen (15) gallon trees planted
approximately 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
intervals 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
andthe Department of Development Services .
936. 5 . 46. TRASH COLLECTION AREAS. Trash collection areas
14.
shall be located within two hundred (200) feet of the units they
are to serve . Such areas shall be enclosed or screened with
masonry, 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. 47. VEHICULAR STORAGE. Outside uncovered and
unenclosed areas for storage of boats , trailers , recreational
vehicles and other similar vehicles shall be prohibited unless
specifically designated areas for the exclusive storage of such
vehicles 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
combination of six (6) foot high masonry wall and permanently
maintained landscaping .
936. 5 . 48. 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
approval . An acoustical analysis shall be performed subject to
the review and approval of the Department of Development Services
subsequent to project approval, but prior to issuance of any
certificates of occupancy. Any approved conditional use permit
and tentative tract map shall require that an acoustical analysis
be performed. No certificate of occupancy shall be issued for a
converted unit unless the applicant certifies that it meets the
noise insulation standards of Title 25 of the California
Administrative Code.
936. 5 . 49. LOCKS. All units shall have dead bolt locks on all
exterior doors .
936. 5 . 50. 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 . 51 . FIRE PROTECTION. Individual adj-oining units within
any building of a project shall be separated with one-hour fire
walls from floor to ceiling. Each building of a condominium conver-
sion project shall be provided with a water shut-off valve.
936. 5 . 52 . 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 . 53. SPECIAL PERMIT. Standards contained in this
article are designed to encourage projects creating an
aesthetically-pleasing appearance and enhance the living
environment for the residents of the project , and to facilitate
innovative architectural 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 incentive. Concurrently with filing a
conditional use permit application, 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
detrimental 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. 54. 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
incentives 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
application 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 . 55. 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
designation, 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
increase in units of 25 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. ,
reductions 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 consideration of equivalent financial value calculated
pursuant to subsection (c) of this section.
(e) A legally binding and enforceable document, in a form
acceptable to the City Attorney , that sets forth the applicant ' s
agreement to provide :
(1) At least 33 percent of the total units of the
proposed 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
proposed 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 low- or moderate-income housing shall be
17.
provided as low-income housing.
(f) Within ninety (90) days of receipt of the written
proposal 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 section. To the maximum extent possible , all subsequent city
review of and action on applicant 's proposal for a density bonus
or consideration 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
incentives 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 su stantia ow' 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
proposed 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
pursuant 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.
implementation of the low-moderate income housing program
agreement required by this article. The applicant shall provide
quarterly notice of the actual implementation of the low-moderate
income housing agreement to the Director of Development Services .
936. 5 . 56. AFFORDABILITY. The applicant , seeking approval for
a project , shall file along with conditional use permit and
tentative 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
tentative tract applications .
936. 5 . 57. 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
tenants , 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
complex 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
assisted 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
displaced 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
preceding 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
less than 3 percent , it shall deny, without prejudice , any
conditional use permit for a project. For purposes of this
section a "comparable rental dwelling unit" is one of similar size
and monthly rental cost .
936. 5 . 58. 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
determine 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 _otherwi__se would be precluded by
the project.
936. 5 . 59. 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
applicable 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
construction.
(e) The proposed project will not displace a significant
percentage of low and moderate income or senior citizen tenants ,
tenants 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.
20.
(f) The applicant has not engaged in coercive, retaliatory
action regarding tenants after the submittal of the first
application for city review through the date of approval .
936. 5. 60. 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
provided elsewhere in this code.
936. 5 . 61 . 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
ordinances and state regulations in effect at the time a tentative
map was approved ; and
(b) The applicant has complied with the conditions of
approval .
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
day of 1984.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk y City- Attorney
REVIEW AND PPRO ED• INITIATED AND APPROVED:
sty ministrat cFr irector of Deve7o-pment
Services
1 .
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 20th day of AuguSt
19 84 , and was again read to said City Council at a regular
meeting thereof held on the 4th 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=off.icio Clerk
of the City Council of the City"
of Huntington Beach, California -
:r r
�1
IN THE f
Superior Curt
OF THE , 14 -7/4 0
STATE OF CALIFORNIA �/
In and for the County of Orange
CITY OF HUNTINGTON BEACH+ CITY CLERK
PROOF OF PUBLICATION
113
JOPPUtb IiC Hearing 83-16
State of California ) '
County of Orange
R I TA J, R I C HTER r'—I NOTICE OF PUBLIC HEARING
�( CODE AMENDMENT NO.•83y16
D STANDARDS&GDIDELI C1H
CONVERSION.DF APART
That I am and at.all times herein mentioned was a citizen of NOTICE IS HEREBY GI, Mat a
the United.States,over the age of twenty-one years,and that I public hearing will be held by the City
Council of the City of HuntingtonFBeach,
am not a party to,nor interested in the above.entitled matter; in the Council Chamber o(tba ;,ic Cen-
that I am the principal clerk of the printer of the ter,Huntington Beach,at the`titlu f7.:10
P.M.,or as soon thereafter as po ible on
H J NTI NGTO N BEACH I ND. REVIEW Monday the 2n day of July,1s{34 fnr the
� purpose of considering Code Amendment
No. '83-16 amending the .Htin%tngton
a newspaper of general circulation,published in the City of Beach Ordinance Code by adding Article
g P Y 936.5 establishing standards•and bnride-
lines for conversion of apartmenta-to•resi-
HUNTINGTON BEACH andcolmunityniartmstockcoperative
and community apartments.
Negative Declaration No.,"-121will
County of Orange and which newspaper is published for the also be considered. LL
disemination of local news and general
o
intelligence
f a l charae- All interested persons are!invited to
g -attend said hearing and express-their
ter, and which newspaper at all times herein mentioned had opinions for or against said Code Amend-
and still has a bona fide subscription list of paying subscribers, meat No.83-16& Negative Declaration
and which newspaper has been established, printed and pub- 84-12. Further information may he ob-
P P twined from the Office of the City Clerk,
lished at regular intervals in the said County of Orange for a 2000•Main Street, Huntington Beach,
period exceeding one year; that the notice, of which the CalifurnEDJu8-(711984 5'227.
P g Y HATED June 15,1984
annexed is a printed copy, has been published in the regular CITY OF HUNT►NGTON BEACH
and entire issue of said newspaper,and not in any supplement By:Alicia M.Wentworth
City Clerk
thereof,on the following dates,to wit: I Pub.June 21,1984
Hunt.Beach Ind.Rev.936270
June 219 1984
I certify(or declare) under penalty of perjury that the forego-
ing is true and correct.
GARDEN GROVE
Datedat................................................
Cali rnia,this " 2 S tday of .June 19
Rita J. Richter
Signature
c � 73
Form No.POP 92082
IN THE
IY •• r.
Superior Curt
OFTHE
STATE OF CALIFORNIA may,
In and for the County of Orange
/,D 4/
CITY OF HUNTINGTON BEACH9 CITY CLERK
PROOF OF PIJBLICATION _
-7/3d
Public Hearing 83-16
State of California )
County of Orange )ss.
R I TA J. R I C HTER CODE SAMENDMENT NNEU:,8:Pl6.,
STANDARDS&GUIDELINFS,pB
CONVERSION OP:APARTM`IWTS
That I am and at all times herein mentioned was a citizen of NOTICE IS HEREBY GIVENnhat'a
the United•States,over the age of twenty-one years,and that I i putiZ he aring•wiu�he.held,hy,iWCity
am not a art to,nor interested in the above entitled matter; Council of the City.of Huntingtdt�Bbech,
party In the CounciLChamber of the'Cidic Cen-
that I am the principal clerk of the printer of the tat,Huntington Beach,at the`.hTaf7::10
P.M„ er as
the on
Monday the2nayoftlylforthe
Nrpoe c �dmenlHUNTINGTON BEACH IND. REVIEW onderitgCode Atne
o.
'016 etnendinngq the.:HeMrNgten
a newspaper of general circulation,published in the City of .B Ordinanoa Code by a"atafideMa•addinY -
938.b'eeiabtitihinacd g 'krtiel pt►ide-
lines for irmvnniunpf ejtartttteitputhnegi•
HUNTINGTON BEACH Smd�mmuunl�yopustritisye�It i native
' Negativa,`Uectat'aRlbn'Na�,Bf+l� aill-
County of Orange and which newspaper is published for the a. Negaotreidered.•a _,;�:•1 .
disemination of local news and intelligence of a general charac- All interested pereona'aretinvua)1 tm.
.attend wid hearing and.eapacamatheir •.
ter, and which newspaper at all times herein mentioned had Opinions for4uagainsesaid(W&.Amend.
and still has a hone fide subscription list of paying subscribers, eteht No,83-16-&1,Negative.Declaration
and which newspaper has been established, .84-12. IruWr W4rnatiow mn he Ohl
printed and pub- tained..fro6J4'Olnce of tho City Clerk.
lished at regular intervals in the said County of Orange for a .2(M-Mniq.Stteet,.Wntingion Beach,
l�timie 82W.-l7l4)5A .
227.,
period one year, that the notice, of which the Gel DATEUJunaib 1384
annexed is a printed copy, has been published in the regular C1TY,UFHUNTIN6TJ BEACH
and entire issue of said newspaper,and not in any supplements„:B�AhuaM;Wea4vrort�i
thereof,on the followingdates,to wit: CityCl�r tit r "'
.Pu6:June2U�I8a1S�Ta`;L' i.� ofr3; .
June 219 1984 J•
CON
I certify(or declare) under penalty of perjury that the forego- C�
ing is true and correct. /
•
Dated at...................GARDEN... GROVE............
84
Wrnia .tdayof .'�Une...19......8
Rita J. Richter' C" :.............. ..... ........
Signature
C �
Form No-POP 920k+,'
�//JI?
Publish 6/21/84
NOTICE OF PUBLIC HEARING
CODE 41ENDMENT NO: 83-16
STANDARDS & GUIDELINES FOR CONVERSION OF APARTMENTS
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of the City of Huntington Beach, in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as
possible on Monday the 2nd day of July , 19 84 ,
for the purpose of considering Code Amendment No. 83-16 amending the Huntington
Beach Ordinance Code by adding Article 936.5 establishing standards and guidelines
for conversion of apartments to residential condominiums, stock cooperatives and
community apartments.
Negative Declaration No. 84-12 will also be considered.
All interested persons are invited to attend said hearing and express their
opinions for or against said Code Amendment No. 83-16 & Negative Declaration $4-12
Further information may be obtained from the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California. 92648 - (714) 536-5227
DATED June 15, 1984 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
"i
REQUEST FOR CITY COU "ACTION
Date August 13-, 1984
Submitted to: Honorable Mayor and City Council
Submitted by: � Charles W. Thompson, \ City Administrato
Prepared by: to James W. Yalin, Director of Development Services A`''+�
Subject: �/ CODE AMENDMENT NO. 83-16, AN AMENDMENT ESTABLISHING
STANDARDS AND GUIDELINES FOR CONVERSION OF APARTMENTS TO
CONDOMINIUMS,STOCK COOPERATIVES, AND COMMUNITY APARTMENTS
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
On August 6 , 1984 the City Council continued Code Amendment 83-16 to
its regular meeting of August 20 , 1984 and directed staff to
incorporate the following into the ordinance :
1. Amend Section 936.5 . 18, RELOCATION ASSISTANCE , to require
moving expenses not to exceed two times the monthly rent.
2. Add provisions providing for lifetime leases for the elderly
and handicapped persons and continuation of residency for
persons with school age children.
These provisions have been incorporated into Section 936.5. 18 of the
ordinance.
3. Amend Section 936.5 .57 (g) , PLANNING COMMISSION CONSIDERATIONS,
to require a project be denied if 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
less than three (3) percent.
Pursuant to the Council' s request, staff has also prepared the
attached table indicating the amount of relocation assistance
required by other jurisdictions.
ATTACHMENTS:
1. Ordinance
2. Table - Condominum Conversion Survey
CWT:JWP:JRB:df
1040d
PIO 4/81
CONDOMINIUM CONVERSION SURVEY
ON TENANT RELOCATION BENEFITS IN OTHER CITIES
CITY COMPENSATION SCHEDULE
Costa Mesa Varies - Applicant presents
proposal to Planning
Commission for review
and approval .
Fullerton Varies - Applicant presents
proposal to Planning
Commission for review
and approval .
Orange 0- 3 months = no compensation
3- 6 months = 1/2 monthly rent
6- 9 months = 1 months rent
9-12 months = 1. 5 monthly rent
over 12 months = 2 months rent
Tustin 2 X ' s monthly rent or $750 . 00/unit
(whichever is greater ) .
Santa Ana $550 maximum/unit
t
shall be located within two hundred ( 200) feet of the units they
are to serve. Such areas shall be enclosed or screened with
masonry, 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. 47. VEHICULAR STORAGE. Outside uncovered and
unenclosed areas for storage of boats , trailers , recreational
vehicles and other similar vehicles shall be prohibited unless
specifically designated areas for the exclusive storage of such
vehicles 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
combination of six (6) foot high masonry wall and permanently
maintained landscaping.
936. 5 . 48. SOUND ATTENUATION. No unit in a building a for conversion shall be offered for sale unless it meet theroved noise
insulation standards contained in Title 25 of the California
Administrative Code as they exist at the time of project
approva n acoustical analysis shall be performed subject to
the review and approval of the Department of Development Services
subsequent to project approval but prior to issuance of any
certificates of occupancy. Any approved conditional use permit
and tentative tract map shall require that an acoustical analysis
be performed. No certificate of occupancy shall be issued for a
converted unif unless the applicant certifies that it meets the
noise insulation standards of Title 25 of the California
Administrative Code.
936. 5 . 49. LOCKS. All units shall have dead bolt locks on all
exterior doors .
936. 5. 50. 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 . 51 . FIRE PROTECTION. Individual adjoining units within
any building of a project shall be separated with one-hour fire
walls from floor to ceilingE1 0, u . cc.f I
,
936. S . S2 . SECURITY. All projects� shall be pro ed with
fully enclosed garages with locks or a security system for the
entire project , approved by the city.
15 .
i
936. 5. 53. SPECIAL PERMIT. Standards contained in this
article are designed to encourage projects creating an
aesthetically-pleasing appearance and enhance the living
environment for the residents of the project , and to facilitate
innovative architectural 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 incentive. Concurrently with filing a
conditional use permit application, 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
detrimental 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 . 54. 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 t at t e project be granted a density bonus or other
incentives 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 .
0
loin CITY OF -HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION S"
HUNTINGTON BEACH 40
To Charles W. Thompson 9 James W. Palin, Director
City Administrator O Development Services
Subject CITY COUNCIL STUDY SESSION Date August 3 , 1984
ON THE PROPOSED CONDOMINIUM
CONVERSION ORDINANCE
On July 30 , 1984 the City Council held a study session .to consider the
proposed condominium conversion ordinance (CA 83-16) . The Council
requested staff to modify language in three sections of the proposed
ordinance as follows :
Section 936. 5. 9 (a) Relocation Assistance. The owner shall provide
actual moving expenses not to exceed one and one-
half times the monthly rent jots one month'�s Went bated on the to.6t month
of occupancy to tenants residing in the project at the time of approval
by the City. Moving expenses shall be paid within five days of the
tenant vacating the unit.
Section 936. 5.11. 2 Cable TV. No exterior television antennae shall be
permitted, but a common underground cable service
to all dwelling units zhatt be provided.
Section 936. 5.12.1 (a) For purposes .of this section the term "density
bonus" means an increase in units of 25 percent
over the number of apartments permitted pursuant to cuttent zoning on
the pAopeAty to be provided with-in the existing structure or structures
proposed for conversion . . .
JWP:JRB:df
cc: Attorney' s Office
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v_
NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING
M GOp -
ITE ry��,vD�� ( -
TO: CITY CLERK'S OFFICE DATE:
FROM: /£ t7�1MCNT /1G. 5
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
a" _DAY OF
AP's are attached
AP's will follow
No AP's
Initiated by:
Planning Commission
Planning Department
Petition
* Appeal
Other
Adoption of Environmental Status (x)
YES NO
Refer to _�� /�✓� 2/v � Planning Department - Extension #
for additional information.
* If appeal, please transmit exact wording to be required in the legal.
Fes.
LEGAL NOTICE�ON �`S 0� ��►"�^'rS
NOTICE OF PUBLIC HEARING
NOTICE eIS HE_RF Y GIVEN that a public hearing will be held.
by the City I of the City of H ntington Beach,
California, for the purpose of copsidering
0 A rv-v I C.,v%-., 4> 'S to
/ 1
1
J, J
Said hearing will be held at the hour of "7 : 3 P.M. , on
.1 , in the Council Chambers .Building of the
Civic Center, 2000 Main Street, Huntington Beach, California.
All interested persons are invited to attend said hearing .and
express their opinions for or against the proposed
Further information may be obtained from the City Planning
Department.
Telephone No. (714) 536-5271
DATED this day of
CITY PLANNING COMMISSION
By
7-2-1 Y Coo-veil Algetlof
/�esa/�7�oh �.s�4,00PO,�4��M �✓,o��
r16vJi v-6
H
�Il4' CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION �U
HUNTINGTON BEACH �7hom�
To
Paul Cook From Glen K. Godfrey Z40'
Acting City Administrator Deputy Director, Planning
Subject ATTACHED BOARD OF REALTORS Date July 2, 1984
LETTER - AGENDA ITEM D-2d
Attached is a letter in regard to -the proposed condominium conversion
ordinance which this department received when the Planning Commission
was studying the code amendment.
This letter was an attachment to our request for Council Action on the
matter. Unfortunately when the Council packets were printed only the
first page of the letter was reproduced, omitting most of the pertinent
comments which the Board had to make, and we are submitting this for
your distribution to the Council tonight to correct that error.
This item appears as Agenda Item D-2d on the agenda.
GKG:df
Huntington Beach-
Fountain Valley
Board of REALTORS., Inc.
R E A LTO R• 8101 Slater Avenue a Huntington Beach, CA 92647 • (714) 847-6093
.Tune .1, 1984 HUNTINGTON BEACH
DEVELOPMENT SERVICES
The Honorable Marcus Porter, Chairman, J U N
and Members of the
Huntington Beach Planning Lommission P.O. Box 190
City of Huntington Beach Huntington Beach, CA 92648.
Honorable Commissioners:
As you know, representatives of the Board of REALTORS have appeared before you at every
opportunity over the past few months to express our views on the proposed condominium
conversion ordinance issue.
You have addressed a number of our concerns for which we are grateful.
O
We do still have grave concerns with regard to development standards, however, which
have not been addressed and we hereby request your consideration of these standards.
During our many appearances before the Commission, we have sensed your commitment to
the provision of housing which is affordable--particularly to potential first-time
homebuyers in the City of Huntington Beach. We share that commitment.
We also share your commitment to the quality of the product offered for ownership in
the City of Huntington Beach.
Where our concerns differ, I believe, is that we feel that the opportunities for afford-
able home ownership, and the benefits to the preservation of our neighborhoods, provid-
ed through the conversion of apartment units to condominiums are so great that it is
essential to provide sufficient flexibility in the development standards which will
permit conversion to occur.
We feel it is important to acknowledge that a converted unit, in order to be economic-
ally feasible and attractive to both developer and purchaser, should not be required to
meet the same standards applied to new construction. Allowances should be made for
these projects so as not to unnecessarily increase the cost. The people interested in
a converted unit cannot afford the new unit which meets, all of the criteria for new
construction. . .they are paying less (hopefully) and reasonably expect less. . .but it is
OFFICERS
KENT PIERCE, President• ROBERT NOBLE, First Vice President
JAMES EWING, Second Vice President/MLS Chairman• R. L. "KIRK" KIRKLAND,Secretary/Treasurer
DIRECTORS
NANCY RHYME• ELAINE STEPHENS • STAN SABIN• CHARLENE ROSSIGNOL • DAN HOPPY
%A/11 1 %A/^Y M� .,:__ n____. - .. ..._- - . . .. .. ... .
June 1, 1984
Page 2
a place to start! The converted unit which doesn't have all the "frills'"., so to speak,
which perhaps offers a bit less in aesthetics or amenities, may be their only chance to
buy a home. Please do no,t "deny .them that opportunity through unreasonable development
standards.
We have addressed most of ;these concerns in previous letters, and would like to add the
following: -
9300.3 FEES REQUIRED: We recommend :that this be amended ;by adding, after the last word
. . ."fees, not to ,exceed the cost of processing the application." We have no problem
with covering the cost .to ,the City, but we feel an arbitrary per unit fee may be excess-
ive, and will be passed on .to the purchaser.
9300.10.1: MAXIMUM DENSITY: We recommend that you utilize the method of calculating
density for conversions in the same manner as you do for apartments rather than those
utilized for PRD!s. This becomes even more critical since maximum density is the only
provision in the ordinance for which you are not permitted to grant exceptions, accord-
ing to this ordinance!
9300.10.7: BUILDING SEPARATION AND SETBACK:
9300.10.9: BUILDING BULK: We believe it is unreasonable to expect buildings originally
constructed as apartments to meet building separation, setback and building bulk require-
ments of new PRD's. To do so will significantly reduce the number of units available,
requiring such major reconstruction that the project will become either (1) economically
unfeasible to convert or (2) unaffordable to the purchaser.
9300.10.16: PARKING: We recommend that you retain the parking requirements for apart-
ments as appropriate for potential conversions. We do not understand why an owner-
occupied unit should require more parking than a renter-occupied unit.
9300.19: VACANCY RATE REGULATION: We recommend that the Planning Commission not impose
an arbitrary requirement for rental dwelling unit vacancy rate in the ordinance. We
believe each project should be considered on its own merit in this regard and that the
Planning Commission should have the flexibility to make this decision as each applica-
tion is presented for consideration.
Finally, if the ordinance is ultimately adopted as it is currently drafted, we feel
that every applicant" will necessarily be required to submit several requests for var-
iances (an indication of "over regulation")--and one which puts the applicant, who is,
after all, the OWNER of the property,. in the uncomfortable and perhaps unfair position
of requesting "exceptions" to the rule.
Please consider these comments in the spirit in which they are presented--one" which
holds the right to own real property especially dear, and in the hope that your children
June 1, 1984
Page 3
and mine, when they are old enough to have the opportunity to purchase their own homes,
may do so in the City of Huntington Beach. . .rather than in the Cities of Sunnymead,
San Bernadino and Riverside.
Thank you for your attention to our concerns.
Sincerely,
Kent M. Pierce
Board President
KMP/JAS/km
REQUEST FOR CITY COUNCIL ACTION
Date July 26 , 1984
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator
Prepared by: James W. Palin, Director of Development Services
Subject: STUDY SESSION - C .A . 83-16 - AN AMENDMENT ESTABLI RING
STANDARDS AND GUIDELINES FOR CONVERSION OF APARTMENTS
TO RESIDENTIAL CONDOMINIUMS, STOCK COOPERATIVES, AND
COMMUNITY APARTMENTS.
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments-
DISCUSSION :
On July 2 , 1984 the City Council continued Code Amendment No. 83-16 to its
August ,,�6 , 1984 regular meeting and scheduled a study session on
July 30 , 1984 , for consideration of the proposed condominium conversion
ordinance. Attached for the Council' s review is the Request for City
Council Action presented at the July 2 meeting with supporting
information, which includes staff reports and minutes of the Planning
Commission hearings.
At the request of Councilwoman Finley, staff is in the process of
preparing an analysis of parking in existing apartment complexes within
the City and evaluating the approximate number of units which could be
eligible for conversion if the ordinance is adopted. Staff will be
prepared to present this information and the proposed ordinance at the
July 30 study session.
SUPPORTING INFORMATION :
1. Ordinance
2. July 2, 1984 RCA and attachments
CWr.JWP:JRB:df
0992d
1
P10 4/81
UR A �
ORDINANCE NO.
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
snall apply only to real property for which an application has been
filed with the city for approval of a low-density planned development
;;hick is less than eight ( 8) units r:er gross acre. Real property, upon
which a planned development is proposed, shall have been zoned and
shall tie df� .iqnated on the land use element of the. general. plan for
residential_- This article shall: apply te-b4&t44 new a-n4-4a.x44;t-iPq
devel,jpmen.-
APPLICATION OF ARTICt,E . The provisions of this articlk:
shall apple ro read property for which an application has been filed
for a viediur,/high-density planned residential development which has
e_,.ght ( 8) ur. :-.o.re units per gross acre. Real property, upon which such
,ievelopments are proposed, shall have been zoned and designated on the
.and use element of the general plan for a residential use. This
article shall apply te-iae-t-14 new ae4-a-x4stieg developments.
SECTION 2. The Huntington Beach Ordinance Code is hereby amended
--y adding thereto new Article 936. 5 entitled, "Residential Condominium
Conversion" to read as follows :
936. 5 .0 . APPLICATION OF ARTICLE . The provision:., of this article
st-zall apply to real property for which an application is hereinafter
filed with the City for approval to convert any existing apartment
;:;;mplex , apartment house, apartment hotel, hotel, multiple dwelling or
g:_oup dwelling ro a condominium stock cooperative, or community
� partment project ar"Id shall apply where multiple owner rental, projects
are sold separately or are divided so that tenants are displaced. ` .'Ie
p ovisions of this article shall not apply to applications for the
subdivision ol. existing rental projects into multiple ownerships of two
cr more units which remain rental units.
1• 1�,
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.
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 converted to '
condominiums, the condominium conversion shall be subject to the city' s
Planned- Residential Development standards which are in effect at that
time.
9.36. 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 directed 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 the final map for a
project was approved by the City Council.
(d) PLoject shall mean an existing apartment house, apartment 1
complex , apartment hotel, hotel, multiple dwelling or group dwelling
;.)roposed. for conversion . to a condominium, stock cooperative or
community apartment. For purposes of this definition, the term
"existing" means a building constructed prior to 1945 or , if it was
built after 1.945 , a certificate of occupancy has been issued for such
building prior to the time of application.
( e) Affordable unit shall mean a residential unit, sold to or
occupied by a household earning up to 120 percent of Orange County' s
gross median income as determined by the County of Orange. Any change
in the income range subsequently adopted by the housing agency of
Orange County shall be, automatically reflected in this definition.
936. 5. 2. PERMIT REQUIRED. (a) No person, firm, corporation,
partnership, or other entity shall convert existing dwelling units to a
condominium, community apartment or stock cooperative without first
having such conversion approved by the Planning Commission, or the City
. Council on appeal.
(b) Conversion projects shall be permitted subject to the .
issuance of a conditional use permit pursuant to provisions of Article
984 and the approval of a tentative tract map, as provided by law. An
application for a conditional use permit, together with a tentative
tract map shall be filed with the Department of Development Services
for concurrent processing .
3
\O 2
936. 5. 3 . FEES REQUIRED. Each project application shall be
accompanied by a per unit fee covering the reasonable cost of
processing , established by resolution of the City Council , in addition
to application fees.
936. 5. 4. LIMITATIONS ON PROJECTS. (a) No project shall be
permitted which is already part of the city' s low or moderate income
rental housing developed with federal, state or local assistance,
except as allowed by subsequent revisions in federal/state law or
regulations.
936. 5. 5. DEVELOPMENT PLAN REQUIRED. In addition to filing an
application for a conditional use permit, together with a tentative
tract map, a development plan shall be submitted at the same time
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 construction. For
purposes of this section, "major repair" shall mean any repair for
which an. expenditure of more than $5 , 000 was made.
(b) A statement of the major use of said project since
construction ;
(c) A statement regarding current ownership of all improvements
and. 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;
(g) Tenant profile : (e.g . family size, length of residence, age
number of tenants of age 62 or greater, number of children, number 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. In addition
to filing an application for a conditional use permit together with a
tentative tract map, the applicant seeking conversion shall file with
3 . ��
the Department of Development Services, inspection reports from State
licensed contractors or architects which shall describe in detail
building code violations, the conditions and remaining useful life of
all structures, roofs, foundations, mechanical, electrical, plumbing ,
structural elements, energy conservation efficiency, plus an analysis
of the general conditions of ceilings, walls, doors, windows,
appliances and the occupancy classification under which the building
was originally constructed. All projects shall meet all applicable
requirements contained in Title 17 of the Huntington Beach Municipal
Code as they exist at the time of project approval. The final form of
the report required in this section shall be as approved by the.
Director of Development Services. The report , . in acceptable form,
shall remain on file with the Department of Development Services for
review by any interested persons.
936.5.7. PEST CONTROL . The applicant seeking conversion shall
file with the Department of Development Services, a structural pest
control report prepared by a licensed pest control contractor. The
final form of the report required in this section shall be as approved
by the Director of Development Services. The report shall be submitted
prior to issuance . of building permits and shall remain on file with the
Department of Development Services for review by any interested persons.
936 .5 .8. COVENANTS, CONDITIONS AND RESTRICTIONS. The applicant
shall prepare a declaration of covenants, conditions and restrictions
subsequent to city approval and such declaration shall meet the
reasonable requirements of the City Attorney which may include
provisions :
1. That the. association is responsible for maintenance and
landscaping of all parts of the condominium conversion project
which are held in common and that such .maintenance shall be
performed to the standard of maintenance prevalent in the
neighborhood.
2. That provide for city enforcement of city and other public
traffic and parking laws and .ordinances on private streets if
the city in its discretion, determines that such enforcement is
required.
3. That each unit owner shall have full access to commonly owned
areas, facilities and utilities.
4. That each privately owned unit shall give its. adjacent units
easement to enter its unit in order to effect necessary repairs
to the property of such adjacent units.
5. That the commonly-owned recreational area is nonbuildabl•e, except
for recreational purposes and such limitation shall also be set
forth on the airspace map.
6. That enable the association or the board of directors to levy
reasonable fines for violation of the covenants, conditions and
4 .
1
restrictions or rules issued thereunder and where fines remain
unpaid, have the power to treat such unpaid fines as unpaid
assessments.
7 . - That the organizational documents shall allow the association to
terminate the contract of any person or organization engaged by
the developer to perform management or maintenance duties, three
(3) months after the association assumes control of the
condominium conversion project or any time thereafter.
936 .5 .9. TENANT ASSISTANCE . The applicant seeking conversion
shall comply with the following provisions for tenant assistance :
.( a) Notice of Intent. A written notice of intent to convert
shall be delivered to each tenant household, and the Department of
Development Services at least sixty (60) days prior to the filing of
appropriate applications. Each tenant household and each person
applying for the rental of a unit in such project , has, or will have,
received all applicable notices and rights now or hereafter required by
Government Code sections 66451 et seq.
The notice of intent to tenants shall be deemed satisfied if such
notices comply with the legal requirements for service by mail.
Evidence of delivery shall be submitted with the application for the
project , and in such form as approved by the Director of Development
Services. Such notice shall contain not less than the following :
( 1) Name , address and phone number of applicant or
authorized agent;
(2 ) Statement . of intent;
( 3) Locatioh of property;
(4) Total number of units ;
( 5) Approximate per unit purchase price;
(6) Earliest possible date of conversion ;
( 7) A description and brief explanation of state and city
requirements applicable to condominium conversions, including the
rights of tenants to participate in the governmental decision process,
that are in effect at the time the notice of intent to convert was
mailed. A copy of all laws and regulations pertaining . to condominium.
conversions shall be available for inspection and use during normal
business hours by tenants at the rental office of the apartment complex
proposed for conversion; and
(8) other information deemed reasonably necessary by the
Director of Development Services.
5.
Ja
(b) Notice of Public Hearing. Each tenant household shall be
given written notice of the public hearing to be held on the
condominium conversion project not less than ten (10) days prior' to the
date of each public hearing.
(c) Notice of Final Disposition. Each tenant household shall be
given written notice of final disposition of the Planning Commission
regarding the condominium conversion within ten (10) days after the
public hearing. Said notice shall include all conditions of approval
for the project. The cost of sending said notice shall be paid by the
owner.
(d) Notice of Public Report. As provided in Government Code
Section 66427. 1( a) each tenant household shall receive 10 days written
notice . by the owner that an application for a public report will be or
has been submitted to the Department of Real Estate, and that such
report will be available on request. The City of Huntington Beach
Department of Development Services shall receive notice of same.
(e) Notice of Final Map Approval. As provided in Government Code
Section 66427. 1(b) each tenant household shall receive written notice
by the owner within ten (10) days of approval of the final map for the
proposed conversion. The City of Huntington Beach Department of
Development Services shall receive notice of same.
(f) Tenants Right to Purchase. As provided in Government Code
Section 66427 . 1( d) any tenant household occupying a unit on the date
that the condominium conversion is approved by the City shall be given
notice of an exclusive right to contract for the purchase of its unit
or any other available unit within the development upon the same terms
and conditions that such unit will be initially offered to the general
public or terms more favorable to the tenant. The right shall run for
a period of not less than ninety (90 ) days from the date of issuance of
the subdivision public report unless the tenant gives prior written
notice of his or her intention not to exercise the right. Evidence
that notice pursuant to this subsection was mailed by registered mail
to each tenant household shall be submitted to the Department of
Development Services within five (5) working days of when the notice
was mailed.
(g) Vacation of Units. Each tenant residing in the development
at the time of approval •of the condominium conversion by the City who
is not in default under the obligations of his/her rental agreement or
lease shall be given one hundred eighty (180) days written notice of
intention to convert his/her unit prior to termination of tenancy
pursuant to Section 66427. 1( c) of the Government Code. Each tenant
shall have a right of occupancy of at least one hundred twenty (120)
days from the issuance of the Final Subdivision Public Report prior to
termination of tenancy due to conversion.
(h) Increase in Rents. From the date of approval of the
condominium conversion project by the city until the date of issuance
of the Final Subdivision Public Report, no tenants' rent shall be
increased (1) more frequently than once every six months and (2) at a
�1 6 . .
:.ate greater than five percent (5%) , for a. total of ten percent ( 10%)
per year. This section shall not apply if rent increases are provided
for in leases or contracts in existence prior to approval of the
condominium project.
( i) Relocation Assistance. The owner shall provide actual moving
expenses not to exceed one and one-half (1-1/2) times the monthly rent
to tenants residing in the project at the time of approval by the
City. Moving expenses shall be paid within five (5) days of the tenant
vacating the unit.
(j) Notice to New Tenants . After approval of the condominium
project by the City, any prospective tenants shall be notified in
writing of the pending conversion prior to leasing or renting of any
unit and shall not be subject to the provisions of subsections (f)
through ( i) above.
. 936. 5 . 10. DEVELOPMENT STANDARDS. All proposed condominium
conversion developments shall conform with the development standards
contained in this article, except to the extent permitted consistent
with Sections 9300.12 and 9300 . 12. 1.
936.5 . 10. 1. MAXIMUM DENSITY. The maximum density of a project
approved pursuant to this article shall not exceed the following except
where a project is proposed upon property which has an area within the
abutting public street right-of-way greater than seven and one-half
percer:t (7-1/2%) of the site area, in which case that portion of the
:street right-of-way exceeding seven and one-half percent (7 1/2%) of
the site area shall not be. used to compute 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 purpose of this section, when a room such as a den,
study or sewing room is provided in conjunction with a single , bachelor
or one-bedroom unit , and said room meets the Uniform Building Code
definition of a habitable room, such room will be considered a bedroom.
When a room such as a den, study or sewing room is provided in
conjunction with a two-bedroom unit and said room meets the Uniform
Building Code definition of a habitable room, such additional room
shall not be considered a den, study or sewing room, but as a bedroom
if a wardrobe, closet or similar facility normally found in a bedroom
is proposed, and if such room is to be constructed in such a manner
that fifty percent (50%) or less of one wall is 'open to an adjacent
room or hallway.
7 . .8'
936 .5 . 10.2 . SITE COVERAGE . Maximum site coverage for all
buildings proposed for the site on which the development 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 in Section 936 .5 .10.10 will be allowed an increase in
site coverage equaling one ( 1) square foot of additional site
coverage for each one (1) square foot of excess open space not to
exceed seventy-five percent ( 75%) site coverage for the site.
936.5 . 10. 3. SETBACK FROM PUBLIC STREETS. The setback from a
public street shall average twenty (20) feet for any structure
exceeding forty- two (42) inches in height. In no case shall the •
minimum setback be less than fifteen ( 15) feet.
936 .5 . 10. 4. 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 featur-es 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 property.
936 .5 . 10.5 . 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 increased at the
rate of one ( 1) foot for each two and one-half (2 1/2) feet for which
the length of the building exceeds twenty-five (25) feet when such
building is adjoining property zoned or used for single-family
residential use.
936 .5 .10 .6 . SETBACK FROM INTERIOR PROPERTY LINE . BUILDINGS OVER
THIRTY (30) FEET 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 except where the project is constructed on
property which has a common property line with property zoned or
8 .
<ieneral planned low density residential, in which case this ten (10)
foot setback shall be increased as follows :
( a) A minimum one hundred (100) feet where there has been no
buffer of landscape screening and/or parking structures proposed; or
(b) A minimum of eighty-five (85) feet where there has been a
buffer of landscape screening and/or parking structures proposed to 'be
constructed along such common property line or between a building
exceeding thirty (30) feet in height and such property line.
936 .5. 10 .7 . BUILDING SEPARATION AND SETBACK .
(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 (1) story.
(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 (1) story.
(c) Between buildings side to front or side to rear , fifteen (15)
feet.
(d) Between one (1) or two (2) story buildings. side to side,
fifteen (15) feet. Between three ( 3) 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.
Distance between detached accessory buildings shall not be less
than fifteen ( 15) feet.
Distance between ground floor area of buildings used for human
habitation and detached accessory buildings shall riot be less than ten
(10) feet.
Distance between uncovered and unenclosed parking spaces and any
ground floor area of a building used for human habitation, shall not be
less than fifteen (15) feet.
Distance between vehicular accessways and that portion of a
building used for human habitation shall be not less than fifteen (15)
feet.
936.5 . 10.8 . BUILDING HEIGHT . The maximum building height shall
not exceed thirty-five (35) feet.
936.5 . 10. 9. BUILDING BULK . Building lengths shall not exceed 180
feet. Building exteriors shall be provided with offsets in the
building line to provide variation.
9.
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936. 5. 10. 10. 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 exceed fifty
percent (50%) of the total amount of common open space required.
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. 10. 11. OPEN SPACE (PRIVATE) . Each ground floor unit in
which all rooms used for human habitation are constructed at ground
level shall be provided with a ground level patio containing a minimum
of two hundred (200 ) square feet. Said patio shall be located adjacent
to the unit it is intended to serve. . Units constructed above ground
level 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. 10. 12. MAIN RECREATION AREA. MINIMUM SIZE . (PROJECTS MORE
THAN 4 ACRES) In all projects containing more than four (4) gross
acres, a main recreation area shall be required. 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.
(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 facilities.
(b) The main recreation area shall not b.e 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 windows or doors.
Recreation facilities or structures and their accessory uses located in
the main recreation area shall be considered in calculating the total
size of such area; provided that paving , roofs,, and other such surfaces
shall constitute no more than five percent (5%) of the total area.
(c) Clubhouse facilities for projects of fifty (50) units - or more
shall be provided in the main recreation area. This facility shall not
be less than seven (7) square feet per unit nor less than minimum
Uniform Building Code standards. The clubhouse facilities shall
contain additional facilities to meet the recreational needs of the
development.
936. 5 . 10. 13. MAIN RECREATION AREA . MINIMUM SIZE (PROJECTS 4 .
ACRES OR LESS) . The minimum size of the main recreation area for
a lo .
projects less than one (1) gross acre in size shall be twenty-five
hundred (2500) square feet. The minimum size of the main recreation
area for projects one (1) gross -acre or more, but less than four (4)
gross acres in size shall be calculated according to the provisions of
the following table. The minimum dimension for all said recreation
areas shall be fifty (50) feet.
Units/Acre Main Recreation Area
0-15 165 sq. ft. per unit
2500 sq. ft. minimum
15 .01 & 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 windows or
doors. Recreation facilities or structures and their accessory uses
located in the main recreation area shall be considered in calculating
the total size of such area; provided that paving , roofs, and other
:such surfaces shall constitute no more than five percent (5%) of the
total area.
(b) One ( 1) or more of the following facilities shall be
provided within the main recreational area : swimming pool, tennis,
court , basketball court , putting green, playground equipment,
volleyball court, lawn bowling and outdoor cooking facilities.
936 .5 . 10 .14. 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. 10. 15. PRIVATE ACCESSWAY WIDTHS. Private ways serving as
access to or within a condominium conversion development 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 accessway intersects a local or arterial public street for a
distance of not less than one hundred (100) feet from such intersection
into the development. 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.
Accessways exceeding 150 feet in length shall comply with Fire and
Public Works Department standards.
936 .5. 10.16. PARKING. The required parking for a condominium
conversion development shall be provided at the following ratio:
( a) Dwelling units not exceeding one ( 1) bedroom shall be
provided with one and one-half ( 1 1/2) on-site parking spaces. One (1)
space shall !;e covered. The remaining space may be unenclosed 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
subsections (a) and (b) of this section, each dwelling unit shall be
provided with one-half a guest parking space. Guest parking spaces
shall be located throughout the condominium conversion development to
serve both residents and guests conveniently..
(d) The parking spaces required by this section shall be
distributed throughout the condominium conversion development at
convenient locations to serve both residents and guests . 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 uncovered,
i+,ithin a condom,inium, conversion development shall be screened on a
horizontal plane.. . Said screening +seed not exceed six (6) feet.
( f.) The access, dimensions and turning radii for all parking
shall conform to the provisions of Article 979.
. 936. 10.'17. LANDSCAPING. Landscaping requirements shall be as
.ollows :
(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 approval
by the Director prior to the issuance of building permits.
\3 12 .
936. 5. 11. GENERAL PROVISIONS. The following general provisions
shall apply to all condominium conversion developments.
936. 5 . 11. 1. ADDRESS SIGNS. The placement of address numbers
shall be at a uniform location throughout the development, and the
placement of such numbers . shall first be approved by the Director.
936 .5. 11. 2. CABLE TV. No exterior television antenna shall be
permitted but a common underground cable service to all dwelling units
may be provided.
936. 5 . 11. 3 . FIRE HYDRANT SYSTEM. A fire hydrant system shall be
installed to provide an adequate fire flow. The adequacy of such
system shall be approved by the fire marshal after review of plans and
engineering calculations have been submitted. Plans shall be submitted
and approved prior to the issuance of building permits, and any fire
hydrant system shall be in operation prior to occupancy.
936. 5 . 11. 4. 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 within and
outside the project.
936. 5 . 11. 5. LIGHTING . The developer shall install an on-site
lighting system on all vehicular access ways and along major walkways.
A lighting plan . shall be submitted for approval to the Director. Such
.lighting shall be directed onto driveways and walkways within the
development and ,away from adjacent properties. Lighting shall also be
installed within all covered and enclosed parking areas.
936. 5 . 11. 6. OUTSIDE STORAGE SPACE . Where the proposed
development has other than an attached garage 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 desig-n, location
and size of the storage space shall be integrated into the development.
936 .5. 11.7 . SEWER AND WATER. SYSTEMS. Sewer and water systems
shall be designed to city standards. Such systems shall be, located
within streets, alleys or drives. In no case shall individual sewer
lines or sewer mains for a dwelling unit be .permitted to extend
underneath any other dwelling unit.
9365. 11. 8. SIGNS. All signs in the development shall conform to
applicable provisions of the district in which such development is
located.
936. 5 . 11. 9. STREET SIGNS. The developer shall install on-site
street name signs at the intersections of access ways, as approved by
the City Engineer. 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. .L
13 . �`�
936. 5 . 11. 10. STREET TREES. Street trees shall be provided
pursuant to city standards with fifteen (15) gallon trees planted
approximately forty-five (45) feet on center on .local public streets
having sixty (60) foot right-of-way and thi-rty (30) inch box trees
shall be planted at approximately forty-five (45) foot intervals 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 Planning Department.
936. 5 . 11. 11. TRASH COLLECTION AREAS. Trash collection areas
shall be provided within two hundred (200) feet of the units they are
to serve. Such areas shall be enclosed or screened with masonry , 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 . 11. 12. VEHICULAR STORAGE . Outside uncovered and unenclosed •
areas for storage of boats, trailers, recreational vehicles and other
similar vehicles shall be prohibited unless. specifically designated
areas for the exclusive storage of such vehicles 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 combination of six ( 6) foot high masonry wall and
permanently maintained landscaping .
936 .5. 11. 13. 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 approval. An
acoustical analysis shall be performed subject to the review and
approval of the Department of Development Services subsequent to
project approval but prior to issuance of any certificates of
occupancy. Any approved conditional use permit and tentative tract map
shall require that an acoustical analysis be performed. No certificate
of occupancy shall be issued for converted. condominium unit unless the
applicant certifies that it meets the noise insulation standards of
Title 25 of the California Administrative Code.
936 .5. 11. 14. LOCKS. All units shall have dead bolt locks on all
exterior doors.
936. 5. 11. 15. SOLAR WATER HEATING . All condominium conversion
developments 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 . 11. 16. FIRE PROTECTION. Individual adjoining units within
any building of a condominium conversion project shall be separated
with one hour fire walls from floor to ceiling .
•1� 14 .
40
, � a
936. 5. 11. 17. SECURITY. All condominium conversion projects shall
be provided with fully enclosed garages with locks or a gate system
approved by the City.
936.5. 12. SPECIAL PERMIT. Standards contained in this article
are designed to encourage developments creating an aesthetically
pleasing appearance and enhance the living environment for the
residents of the project, and to facilitate innovative architectural
design and adaptation of the development to the terrain and surrounding
environment. Deviation from the provisions of this article, with the
exception of maximum density, unless the applicant avails himself or
herself of Section 936 .5.12. 1 may be granted at the time of approval of
the project. Concurrently with filing a conditional use permit
application, 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 detrimental or
injurious to the value of property or improvements of the neighborhood
or of the city in general; and
(d) Be consistent with objectives of condominium conversion
development standards in achieving a development adapted to the terrain
and compatible with the surrounding environment.
936 .5. 12. 1. DENSITY BONUS AND OTHER INCENTIVES FOR PROVIDING
LOW-MODERATE INCOME HOUSING . Consistent with California Government
Code Section 65915. 1, an applicant for a conversion of apartments to
condominiums may request that the conversion be granted a density bonus
or other incentives of equivalent financial value, provided all of the
following requirements are met:
(a) For purposes of this section, the term "density bonus" means
an increase in units of 25 percent over the number of apartments, to be
provided within the existing structure or structures proposed for
conversion. The term "other incentives of equivalent financial value"
includes the reduction or waiver of requirements which would otherwise
apply as conditions of conversion approval pursuant to the Huntington
Beach Municipal Code, but shall not be construed to require the city to
provide cash transfer payments or other monetary compensation to the
applicant.
(b) At least sixty (60) days prior to submitting an application
for a tentative subdivision map and conditional use permit for a
15. T) I a,
condominium conversion- 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. At a minimum, the
proposal shall contain:
(1) A general description of the proposed condominium
conversion project, including the number of units proposed to be
converted, General Plan designation, applicable zoning , maximum
possible density, and such other characteristics as are necessary and
sufficient to ,constitute an adequate description of the project.
( 2) A calculation of the density bonus allowed pursuant to
California Government Code Section 65915.5 (b) , which is an increase in
units of 25% over the number of apartments within the existing
apartment structure or structures proposed for conversion.
( 3) A quantification, based on an analysis of comparable
sales, of the financial value of the 25% density bonus.
( 4) A statement of whether the applicant requests the City
to grant a density bonus, consideration of incentives ( i.e. , reductions
of 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 waviers of such requirements, they
shall be quantified and shall not exceed the total consideration of
equivalent financial value calculated pursuant to subdivision (a) ( 3) .
(5) A legally binding and enforceable document, in a form
acceptable to the City Attorney, that sets forth the applicant' s
agreement to provide :
( i) at least 33% of the total units of the proposed.
condominium conversion project to persons and families of low or
moderate income, as defined in California Health and Safety Code
Section 50093 , or :
( ii) at least 15% of the total units of the proposed
condominium project to lower income households, as defined in Section
50079 .5 of the California Health and Safety Code.
( iii) if the applicant proposes to implement
subsection (1) , one-half of the low-moderate income housing. shall be
' provided as low-income housing.
(c) Within ninety '(90) day,s of receipt of the written proposal
made by an applicant pursuant to subdivision ( a) , the Director of
Development Services shall notify the applicant in .writing of the
specific manner in which the City will implement this section. To the
maximum extent possible, all subsequent City review of and action on
applicant' s proposal for a density bonus or. consideration 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.
. �� 16 .
(d) The Director of Development Services may place reasonable
conditions on the granting of the density bonus or other incentives of
equivalent financial value, or combination thereof, as proposed by the
applicant. However, such conditions shall not have the effect
individually or cumulatively, to impair the objective of California
Government Code Section 65915 .5 and this section to provide for
substantial low or low-moderate , income housing opportunities in
condominium conversions.
(e) An applicant shall be ineligible for a density bonus or other
incentives of equivalent financial value if the apartments proposed for
conversion constitute a housing development for which the City provided
a density bonus or other incentives pursuant to California Government
Code Section 65915.
( f) If the Director of Development Services' notification
pursuant to subsection (b) differs from the applicant' s proposal
submitted pursuant to subsection (a) , 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 especially the
objective to provide substantial low, or low-moderate income ownership
housing opportunities as part of the proposed condominium conversion.
(g) A filing and processing fee of $1,000 .00 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 pursuant to subsection (b) . This fee shall be in addition to fees
required in Section 936.5. 3.
(h) Any applicant for a condominium conversion which has been
granted a density bonus, incentives of equivalent financial value, or
combination of both, shall be responsible for the implementation of the
low-moderate income housing program agreement required by subsection
(b) (5) . The applicant shall provide quarterly notice of the actual
implementation of the low-moderate income housing agreement to the
Director of Development Services.
936.5. 13. AFFORDABILITY. The applicant seeking conversion shall
file along with Conditional Use Permit and Tentative 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 Tentative Tract applications.
936.5 . 14. 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 tenants ,
if the conversion is approved, would be detrimental to the health,
safety, or general welfare of the community.
17 . •��
(b) The role that the apartment , structure plays in the existing
market. Particular emphasis will be placed on .the evaluation of rental
structures to determine if the existing apartment complex 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 assisted
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 apartments
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 potential displaced tenants
can be classified as low and moderate income.
(e) The need and 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 of
apartments.
( 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 under this subsection, the increase in rental
rates over the preceding two (2 ) years and the average monthly vacancy
rate for 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 less
than three percent (3%) it may deny without prejudice any conditional
use permit for a condominium conversion. For purposes of th"is section
a "comparable rental dwelling unit" is one of similar size and monthly
rental cost.
A vacancy rate analysis shall be prepared and submitted to the
Department of Development Services together with the project appli-
cation to determine the vacancy rate . -If the vacancy rate analysis
indicates a rental dwelling unit vacancy rate of 3% or less, then the
applicant may as part of the application propose a program that pro-
vides for continued or new low-moderate income rental housing oppor-
tunities that otherwise would be precluded by the conversion. Not-
withstanding the above the project may be approved if the Planning
Commission finds that a comparable number of rental housing oppor-
tunities will be provided those converted to condominium ownership by
. the project.
936. 5 . 15. FINDINGS. The Planning Commission may approve an
application for a condominium conversion if the Planning Commission
finds that :
.6 18 .
/ \r
(a) The project will not be detrimental to the health, safety ,
and general welfare of the community.
(b) The proposed conversion 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 conversion will conform to this code and
applicable 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 construction.
(e) The proposed project will not displace a significant
percentage of low and moderate income or senior citizen tenants,
tenants with children; and 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 the tenants after the submittal of the first application for
city review. through the date of approval.
936. 5 . 16. 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
ecision 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 provided
elsewhere in this code.
936. 5 . 17. 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
ordinances and state regulations in effect -at the time a tentative map
was approved; and
(b) The applicant has complied with the conditions of approval.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the day
of , 1983.
Mayor
19 .
ATTEST : APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Development Services
0104D
20 .
4
REQUEST FOR CITY COUNCIL ACTION
Date June 20, 1984
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator
O
Prepared by: James W. Palin, Director, Development Services fl
Subject: CODE AMENDMENT NO. 83-16 - AN AMENDMENT E STABL HING
STANDARDS AND GUIDELINES FOR CONVERSION OF APARTMENTS TO
RESIDENTIAL CONDOMINIUMS, STOCK COOPERATIVES AND COMMUNITY
APARTMENTS
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for the City Council' s consideration is Code Amendment
No. 83-16 which would add Article 936 .5 to the Huntington Beach
Ordidnance Code establishing standards and guidelines for the
conversion of apartments to residential condominiums, stock
cooperatives and community apartments.
RECOMMENDATION:
The Planning Commission and Planning staff recommend that the City
Council approve Code Amendment No . 83-16 . nd adopt th-e -b ee
obi n aftee.
ANALYSIS:
Applicant: City of Huntington Beach
Request: A code amendment establishing standards and
guidelines for the conversion of apartments to
residential condominiums, stock cooperatives and
community apartments.
Location: Not applicable
Planning Commission Action on June 5 , 1984 :
ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR CODE AMENDMENT
NO. 83-16 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL BY
THE FOLLOWING VOTE:
AYES: Higgins, Winchell, Livengood, Erskine, Schumacher,
Mirjahangir
NOES: None
ABSENT: Porter -yam
ABSTAIN : None —
P10 4/81 \
DISCUSSION:
The City of Huntington Beach has endeavored to develop and adopt a
condominium conversion ordinance since 1975 (see attached
December 13, 1983 staff report for history) . The latest sustained
effort toward the preparation of a condominium conversion
ordinance was begun in April , 1983 , at the direction of the City
Council. After receiving the Council' s direction in April, staff
presented its first draft of the new condominium conversion
ordinance to the Planning Commission in December, 1983. Since
December, the Commission has held several study sessions and public
hearings on the draft ordinance.
The attached ordinance was adopted by the Planning Commission on
June 5 , 1984. It represents a compilation of procedures and
requirements developed through the study session.-/public hearing
process with input from staff, the Planning Commission, members of
the general public and affected groups. The Huntington
Beach/Fountain Valley Board of Realtors actively participated in
discussions regarding the proposed ordinance. The Board of
Realtors' letter dated June 1, 1984, is attached for the City
Council' s review.
The major components of the condominium conversion ordinance are
provisions for assistance to tenants who may be displaced by a
condominium conversion (936. 5. 9) , standards relating to the
physical layout and design of condominium conversion developments
(936 .5 .10) , and provisions allowing a density bonus or other
incentives of equivalent financial value if converted units are
offered as low/moderate income housing (936 . 5.12.1) .
Discussion and analysis of each section of the ordinance was
presented at the Planning Commission' s study sessions and public
hearings. The staff reports and minutes of each hearing are
attached for the City Council' s review.
ENVIRONMENTAL STATUS:
Negative Declaration No. 84-12 assessing the proposed condominium
conversion ordinance was adopted by the Planning Commission on
June 5 , 1984. Prior to action on Code Amendment No. 83-16 it is
necessary for the City Council to review and adopt Negative
Declaration No. 84-12.
FUNDING SOURCE :
Not applicable.
ALTERNATIVE ACTION :
The Council may consider amending any of the provisions contained
in the condominium conversion ordinance as deemed appropriate.
-2- 6-20-84 - RCA
SUPPORTING INFORMATION :
1. Ordinance
2. Letter from Board of Realtors dated June 1, 1984
3. June 5,. 1984 staff report and minutes
4. May 15, 1984 staff report and minutes
5. May 1, 1984 staff report and minutes
6 . April 3 , 1984 staff report and minutes
7 . March 20, 1984 staff report
8 . February 22, 1984 staff report
9. February 7 , 1984 staff report
10 . January 17, 1984 staff report
11. December 13 , 1983 staff report
12. Comparison of Development Standards
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Board of REALTORS Inc.,,j
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• �S Coi►1'1vM�nh«'f1�nS �I-urt�S l'' �6(Lc
R E A LTO R 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
�cslr�vrory a+- 44.,e pvblK he.^rt��
July 2, 1984
Jack Kelly, Mayor
and Members of the City Council
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
Honorable Council Members: \
On behalf of the Board of REALTORS, I wish to express our support for passage of an
ordinance to permit condominium conversions in the City. As you know, the provision
of housing and the mechanisms employed in achieving this worthy goal are of great
interest to our industry, and it is in this light that we have studied the proposed
draft ordinance which appears as item D2d on your agenda this evening.
Prior to discussing the specific issues in the ordinance, I would like to share with
you our perspective on this important issue:
(1) We feel it is important to keep in mind that the purpose of an ordinance to
permit conversion of apartments to condominiums should be to increase the availability
of moderately priced ownership housing, especially to encourage home ownership for
first—time buyers.
(2) We feel that there is a demonstrated need for a greater supply of moderately—
priced housing available for sale, and that it is desirable to encourage a reasonably
balanced supply of both rental and- owner—occupied property in our community, and to
provide a variety of choices of,-tenure, type, price and location of housing.
(3) We believe in concept that an excellent source of available moderately—priced
residences can be developed by permitting the conversion of apartments to condominiums,
stock co—operatives and other units available for purchase.
(4) We believe in concept that a reasonable ordinance to permit the conversion of
apartments to condominiums would have a beneficial effect upon the housing stock avail—
able in our community, would promote the stability and quality of our neighborhoods
by preserving neighborhood identities, by discouraging the displacement of residents,
and by providing the opportunity for home ownership to renters who wish to purchase a
residence and could not otherwise afford to do so.
OFFICERS
KENT PIERCE, President• ROBERT NOBLE, First Vice President
JAMES EWING, Second Vice President/MLS Chairman • R. L. "KIRK" KIRKLAND, Secretary/Treasurer
DIRECTORS
NANCY RHYME• ELAINE STEPHENS • STAN SABIN • CHARLENE ROSSIGNOL • DAN HOPPY
WILL WOODS, Executive Vice President•JUDITH SEVERY, Vice President/Public Affairs
Page 2
City Council
City of Huntington Beach
July 2, 1984
We have set forth these basic ideas because these are the principles upon which we de—
termine the effectiveness of the proposed ordinance. In contrast to the aforemention—
ed principles, some of the specific sections in the draft ordinance which we consider
to be contrary ,to-.the provision of moderately—priced ownership housing are- as follows:
936.5:10. DEVELOPMENT STANDARDS: We believe that reasonable development standards are
critical to this issue if the Council intends to consider any .applications for potential
conversion of apartments to condominiums. We urge you not to impose such rigid develop—
ment standards as to make it .encomically unfeasible to convert or to make the convert—
ed unit too expensive to purchase! A condo conversion ordinance can help to provide
more reasonably priced housing products only if the Council has the foresight to allow
for the construction standards which were in effect when the buildings which are po=
tentially convertible were originally constructed. Some of the development standards
contained within the draft ordinance would, in our opinion, unnecessarily add to the
cost of the unit which seems counterproductive. We feel it is important to acknowledge
that a converted unit, in order to be economically feasible and attractive to both
developer and purchaser, should not have to meet 'the same construction standards as
applied to new construction. Potential homeowners interested in a converted unit can
not afford the new unit which meets all of the criteria for new PRD construction. . .they
are paying less (hopefully) and reasonably expect less. . .but it may be their only
opportunity to buy their own home'.
Some specific Development Standards which are of concern to us are;
936.5.10.16 PARKING: We recommend that you retain the parking requirements for .apart—
ments as appropriate for potential conversions. We do not understand why an owner—
occupied unit should require more parking than a renter—occupied unit.
936.5.10.7 BUILDING SEPARATION AND SETBACK, 936.5.10.8 BUILDING HEIGHT, 936.5.10.9
BUILDING BULK: We believe it is unreasonable to expect buildings originally construct—
ed as apartments to meet building separation, setback height and bulk requirements of
new PRD's. To do so will siginificantly reduce the number of units available, requir—
ing such major reconstruction that the project will become either ('1) economically
unfeasible to convert or (2) unaffordable to the purchaser.
939.5.10.1 MAXIMUM DENSITY: We have grave concerns regarding the method of calculat—
ing density for conversions and recommend that, since we are dealing with apartments
to be converted to condominiums, the method for determining density should be that used
for apartments rather than that used for PRD's. A report prepared by your Development
Services staff dated 6/5/84 indicates that the difference in this method of calculation
on one potential 5 acre site was 25 units. . .a significant change when one considers
the cost of development and ultimately, the cost of the home to the purchaser! This
issue is even more important since maximum density is the only provision in the pro—
posed ordinance for which no exceptions may be granted! Please give yourselves the
flexibility to allow a project which is otherwise acceptable to be considered for
conversion.
936.5.14 (g) PLANNING COMMISSION CONSIDERATIONS: Last but certainly not least, we
strongly oppose the imposition of an arbitrary 3% requirement for rental dwelling
unit vacancy rate in this ordinance. We believe that each project should be considered
on its own merit in this regard and that the Council should have the flexibility to
Page 3
City Council
City of Huntington Beach
July 2, 1984
make the decision regarding the impacts of each project on a case by case basis. We
urge you to delete this requirement in its entirety'.
Thank you for the opportunity to present our concerns with regard to the provision of
housing in our City. We are hopeful that a reasonable ordinance will be passed which
will provide sufficient flexibility for condominium conversion projects .to be consider—
ed in the hopes of providing additional home ownership opportunities within the City.
Since ely,
Kent M. Pierce
Board President
KMP/JAS/km
N
Huntington Beach-
Fountain Valley
Board of REALTORS., Inc.
R E A LTO R• 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
HUNTINGTON BEACH
June 1, 1984 DEVELOPMENT SERVICES
The Honorable Marcus -Porter, Chairman,
and Members of the P.O. Box 190
Huntington Beach Planning Commission Huntington BeaCh CA 92648
City of Huntington Beach
Honorable Commissioners:
As you know, representatives of the Board of REALTORS have appeared before you at every
opportunity over the past few months to express our views on the proposed condominium.
conversion ordinance issue.
You have addressed a number of our concerns for which we are grateful.
We do still have grave concerns with regard to development standards, however, which
have not been addressed and we hereby request your consideration of these standards.
During our many appearances before the Commission, we have sensed your commitment to
the provision of housing which is affordable--particularly to potential first-time
homebuyers in the City of Huntington Beach. We share that commitment.
We also share your commitment to the quality of the product offered for ownership in
the City of Huntington Beach.
Where our concerns differ, I believe, is that we feel that the opportunities for afford-
able home ownership, and the benefits to the preservation of our neighborhoods, provid-
ed through the conversion of apartment units to condominiums are so great that it is
essential to provide sufficient flexibility in the development standards -which will
permit conversion to occur.
We reel it is important to acknowledge that a converted unit, in order to be economic-
ally feasible and attractive to both developer and purchaser, should not be required to
meet the same standards applied to new construction. Allowances should be made for
these projects so as not to unnecessarily increase the cost. The people interested in
a converted unit cannot afford the new unit which meets all of the criteria for new
construction. . .they are paying less (hopefully) and reasonably expect less—but it is
OFFICERS
KENT PIERCE, President• ROBERT NOBLE, First Vice President
JAMES EWING, Second Vice President/MLS Chairman • R. L. "KIRK" KIRKLAND, Secretary/Treasurer
DIRECTORS
NANCY RHYME• ELAINE STEPHENS • STAN SABIN • CHARLENE ROSSIGNOL • DAN HOPPY
WILL WOODS, Executive Vice President • JUDITH SEVERY, Vice President/Public Affairs
r-
June 1, 1984
Page 2
a place to start ! The converted unit which doesn' t have all the "frills", so to speak,
which perhaps offers a bit less in aesthetics or amenities, may be their only chance to
buy a home. Please do not deny them that opportunity through unreasonable development
standards.
We have addressed most of these concerns in previous letters, and would like to add the
following:
9300.3 FEES REQUIRED: We recommend. that this be amended by adding, after the last. word
. . ."fees, not to exceed the cost of processing the application." We have no problem
with covering the cost to the City, but we feel. an arbitrary per unit fee may be excess-
ive, and will be passed on to the purchaser.
9300.10.1: MAXIMUM DENSITY: We recommend that you utilize the method of calculating
density for conversions in the same manner as you do for apartments rather than those
utilized for PRD's. This becomes even more critical since maximum density is the only
provision in the ordinance for which you are not permitted to grant exceptions, accord-
ing to .this ordinance!
9300.10.7: BUILDING SEPARATION AND SETBACK:
9300.10.9: _BUILDING BULK: We believe it is unreasonable to expect buildings originally
constructed as apartments to meet building separation, setback and building bulk require-
ments of new PRD's. _ To do so will significantly reduce the number of units available,
rey ,iring such major reconstruction that the project will become either (1) economically
unfeasible to convert or (2) unaffordable to the purchaser.
9300.10.16: PARKING: We recommend that you retain the parking requirements for apart-
munts as appropriate for potential conversions. We do not understand why an owner-
occupied unit should require more parking than a renter-occupied unit.
9300.19: VACANCY RATE REGULATION: We recommend. that the Planning Commission not impose
an arbitrary requirement for rental dwelling unit vacancy rate in the ordinance. We
believe each project should be considered on its own merit in this regard and that the
Planning Commission should .have the flexibility to make this decision as each applica-
tion is presented for consideration.
Finally, if, the ordinance is ultimately adopted as it is currently drafted, we feel
that every applicant will necessarily be required to submit several requests for var-
iances (an indication of "over regulation")--and one which puts the applicant, who is,
after all, the OWNER of the property, in the uncomfortable and perhaps unfair position
of requesting "exceptions" to the rule.
Please consider these comments in the spirit in which they are presented--one which
holds the right to own real property especially dear, and in the hope that your children.
/ 1"
J+_„e 1 , 1984
Page 3
and mine, when they are old enough to have the opportunity to purchase their own homes,
may do so in the City of Huntington Beach. . .rather than in the Cities of Sunnymead,
San Bernadino and Riverside.
Thank you for your attention to our concerns.
Sincerely,
Kent M. Pierce
Board President
KMP/JAS/km
3O
itington beach developmen. .ervices department
STA f f
---RE ®R
TO :, Planning Commission
j FROM: Department of Development Services
I DATE : June 5 , 1984
SUBJECT:. CODE AMENDMENT NO. 83-16/NEGATIVE DECLARATION NO. 84-12
(AN AMENDMENT TO DIVISION 9 OF THE HUNTINGTON BEACH
ORDINANCE CODE ESTABLISHING STANDARDS FOR THE CONVERSION
OF APARTMENTS TO CONDOMINIUMS
I
On May 15, 1984 the Planning -Commission completed its review of
public comments regarding the proposed condominium conversion
ordinance. Staff has incorporated language suggested by the
Commission into the attached ordinance._ Staff has also consolidated -
sections entitled Affect of Proposed Conversion on City' s Housing
Supply and Planning Commission to Consider Additional Factors into
one section. This section includes new language regarding vacancy
rates pursuant to the Planning Commission' s direction. . Staff is
i proposing some minor modifications to the language in the section
entitled Findings .
caf f. ,will be r :r_pared to answer questions regarding the revised
d cir.att. ordinance ac the. June 5 , 1984 . Planning Commission meeting.
AT'1 � .'.HMENTS:
s 1 . Ordinance-
3 2 May 15, 1984 staff report and minutes
3 . May 1, 1984 staff report.
4. April 3 , „i_aff report
5. Deccmber 13 , 1983 staff report
3 6 . Comparison of Development Standards
s
s 7. Letter ferom Norbert Dall & Associates dated April 30 , 1984
8 . Letter f-om Norbert Dall & Associates dated May 15,, 1984
9. . Letter from Huntinton Beach/Fountain Valley Board of Realtors
dated April 3 , 198
10. Negative Declaration No. 84- 12
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huntington beach development services department
MAFF
REPORT
TO: Planning Commission
FROM : Development Services
DATE: June 5 , 1984
SUBJECT: INFORMATION ON DENSITY CALCULATION
Pursuant to Commissioner Livengoods request' staff has prepared below
a comparison of how the requirement for density would be applied to
the same site under the apartment and planned residential development
standards . The site used as an example is 5+ gross acres of property
located on the southside of Warner Avenue between Lynn and Green
Streets . A planned residential development was approved for develop-
ment on the property in November , 1983 . For purposes of the calcu-
lations made below net acreage = site area within the site property
lines . Gross acreage is the area within the site property lines plus
street area to the centerline adjacent to the site.
Statistical information:
Zoning : R3
Gross acreage : 5 . 06 acres
Net acreage : 3 . 86 acres
Idjusted gross acreage 4 . 15 acres .
`one apartment standards allow a density of 24 . 89 units per gross acre
in the R3 District . The allowable density under the apartment stan-
dards in this case is 24 . 89 x 5 . 06 = 126 units .
The planned residential development standards allow a density of 25
units per gross acre in the R3 District . However , this figure is
adjusted downward if the area included in the gross which is in
adjacent streets is greater than 720 of the net site area, in which
case that portion of the street area exceeding 72 of the net site area
cannot be computed as part of the gross acreage . Using this formula
the allowable density in the case. cited above is computed as follows :
Gross Acreage - 5 . 06 acres
Net Acreage - 3 . 86 acres
Street area within gross acreage - 1 . 2 acres
1 . 2 acrea = 230 of net site area
1'2% of net site area — . 38 acres
3 . 86 acre + . 38 acres = 4 . 15 acres (Adjusted Gross )
25 x 4 . 15 = 104 units
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Minutes , H.B. Plann_ Commission
-June 5 , 1984
•
Page 2
i
REGULAR AGENDA ITEMS : RAr
CODE AMENDMENT NO. 83-16/NEGATIVE DECLARATION NO. 84-12
Applicant: City of Huntington Beach (Continued from May 15 , 1984)
An amendment to the ordinance code amending Sections 9310 . 1 and
9360. 1 and adding a new Article 930 establishing standards and guide-
lines for conversion of apartments to residential condominiums ,
stock cooperatives, or community apartments.
Jim Barnes reported to the Commission on the modifications to the
ordinance made at the Commission' s direction at the last hearing on
the matter. Staff has prepared an analysis of the method of .calculat-
ing density on a typical project . using apartment standards versus
planned residential development standards , and sections have all
been renumbered to fit into the existing code structure. The two
major changes made are: 1),. Incorporation of a section pursuant to •
the Government Code regarding density bonuses, and a provision that
in lieu of a density bonus deviation from the code can be allowed
if incentives of equivalent financial value are presented, and 2) a
section requiring that the Commission consider a vacancy rate factor
prior to making a determination on a conversion request. ,
Commissioner Erskine asked for clarification on the month-by-month
rental agreements and was assured by legal counsel that such an
agreement or lease did constitute a contract.
The public hearing was reopened.
Shirley Long, representing the Board of Realtors, spoke to the Com-
mission to express that body' s concerns. The main points made by
Ms. Long were not to require conversions to meet the same standards
that are applied to new construction, to use density calculations
applicable to apartment construction rather than the PRD standard,
and not to impose an arbitrary vacancy rate factor as a condition:--
of approval. In conclusion, Ms . Long asked that her group be given .
an opportunity to review the Housing Element amendment prior to
the City taking action on it.
There were no other persons present to speak in regard to this
matter, and the public hearing was closed.
The Commission determined to go through item by item and take straw
votes on each.
S. 936 . 5 . 3 - Fees. The Commission again discussed the merits of a
per-unit fee versus a flat fee for all sizes of projects . Legal
counsel advised that any fee must bear a reasonable relationship to
the actual costs of handling an application.
-2= 6-5-84 - P .C.
Minutes , H .B. Pl inning Commission
June 5 , 1984
Page 3 'RAFT
ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL THE COMMISSION
DETERMINED TO INSERT THE FOLLOWING WORDING RELATING TO FEES,
BY THE FOLLOWING STRAW' VOTE:
"Each application shall be accompanied by a per-unit fee
covering the reasonable cost of processing established
by resolution of the City Council, in addition to appli-
cation fees. "
AYES : Higgins , Winchell , Livengood, Erskine, Schumacher,
Mirj ahangir.
NOES : None
ABSENT : Porter
ABSTAIN: None
S. 936-5 . 10 - Maximum Density. The Commission reviewed the
background information submitted by staff comparing densities
under both apartment and planned development standards. •
ON MOTION BY WINCHELL AND .SECOND BY LIVENGOOD THE COMMISSION
DETERMINED TO. LEAVE THE WORDING AS IT STANDS IN THE SUBMITTED
ORDINANCE , BY THE FOLLOWING STRAW VOTE :
AYES : Higgins , Winchell , . Livengood, Schumacher, Mirjahangir
NOES : Erskine
ABSENT: Porter
ABSTAIN: None
S. 936 . 5 . 10. 7 - Building' Separation and Setbacks . Commissioner
Winchell suggested leaving these standards as they stand in
the submitted ordinance , perhaps dealing with them on specific
applications as special permit or as incentives and leverage
in working with the density bonus provision.
THE COMMISSION DETERMINED TO LEAVE THE WORDING AS IT APPEARS
IN THE SUBMITTED ORDINANCE, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Winchell, Livengood, Erskine, Schumacher,
Mirjahangir
NOES : None
ABSENT: Porter
ABSTAIN: None
S. 936 . 5. 10 - Building Bulk. Commissioner Winchell indicated
that her comments above had been meant to apply to this section
as well.
THE C014MISSION DETERMINED TO LEAVE THE WORDING AS IT APPEARS
IN THE SUBMITTED ORDINANCE, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Winchell, Livengood, Erskine, Schumacher,
Mirjahangir
NOES : None
ABSENT: Porter •3,`
ABSTAIN: None
��Gi -3- 6-5-84 - P.C. ♦ ,
Minutes, H.B. Planni Commission iY
'June 5 , 1984
Page. 4 RA'iU
-----------------
S. 936 . 5. 10. 16 - Parking. Commissioners Erskine and Schumacher
inquired about the logic and rationale, for the parking requirement;
in particular, if there is an inherent difference in the need for
parking between apartment and condominium ownership complexes.
Staff replied that at the time the ordinances were enacted there may
have been a perceived difference in the parking needs ; also, the
difference may have been an attempt to achieve one of the Planned
Residential Development goals to achieve a better living environment.
Staff also indicated that the PRD standards are working out well and
staff would advise retaining the higher standard in the conversion
ordinance.
ON MOTION BY SCHUMACHER THE COMMISSION DETERMINED TO LEAVE THE
WORDING RELATING TO PARKING AS IT STANDS IN THE SUBMITTED ORDINANCE,
BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Winchell , Livengood, Erskine, Schumacher,
Mirjahangir
NOES : None
ABSENT: Porter
ABSTAIN: None
936 . 5 . 1.4 (g) - Vacancy Rate Regulations. Commissioner Erskine said
he would like to eliminate any percentage of vacancy as a determin-
ant for approval or disapproval of a condo conversion request. This ,
was discussed extensively by the Commission, with the consensus
emerging that the wording of the provision gives sufficient leeway
and flexibility and is needed to protect the ability to retain some
measure of the rental stock within the community.
ON MOTION BY SCHUMACHER THE COMMISSION DETERMINED TO LEAVE THE
WORDING RELATING TO THE VACANCY FACTOR AS IT STANDS IN THE SUBMITTED
ORDINANCE, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins, Winchell , Livengood, Schumacher,
Mirjahangir
NOES : Erskine
ABSENT: Porter
ABSTAIN: None
ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR THE COMMISSION
APPROVED NEGATIVE DECLARATION NO. 84-12 BY THE FOLLOWING VOTE:
AYES: Higgins , Winchell, Livengood, Erskine, Schumacher,
Mirjahangir
NOES : None
ABSENT : Porter
ABSTAIN: None
ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR THE COMMISSION
APPROVED CODE AMENDMENT NO. 83-16 AS AMENDED BY THE STRAW VOTE
RELATING TO FEES AND RECOMMENDED IT TO THE CITY COUNCIL FOR ADOP- V
TION, BY THE FOLLOWING VOTE:
\ 74- 6-5-84 - P .C .
Minutes, H.B . F ining Commission
June 5 , 1984DRAf I
Page 5
AYES : Higgins, Winchell , Livengood, Erskine , Schumacher
Mirjahangir
NOES : None
ABSENT: Porter
ABSTAIN: None
Commissioner Erskine commented on the lack of input on this
code amendment from tenant groups. Acting Chairman Livengood
asked staff to notify all persons who spoke at the hearings
on the amendment of the City Council meeting when this is
scheduled, as well as -notifying tenant groups in the City. He
also directed that the recap sheet and the information on the
density calculations be submitted to the City Council as well .
Acting Chairman Livengood informed the Commission that a re-
quest has been submitted by staff for consideration next of
the Ascon property proposed zone change.
ZONE CASE NO. 84-3
Applicant: Ascon Properties Inc .
A request to permit a change of zone from LUD-0 (Limited Use
District combined with Oil) to LUD-Ol-Q (Limited Use District
combined with Oil Production with a "Q" (Qualified) Suffix) on
a portion of a 37 . 77. acre property located on the southwest
corner of Hamilton Avenue and Magnolia Street. '.
Howard Zelefsky explained that a mistake on the applicant' s
notification list had resulted in a significant number of
neighboring properties being omitted from the mailing of not-
ices for this hearing and a continuance will be necessary.
Mr. Zelefsky made a brief staff report and presented slides
showing the location of the portion of the property on which
the oil drilling is proposed.
The public hearing was opened.
Norma VanderMolen, 9472 Lokahani Drive, spoke to ask the Com-
mission to deny the proposal until the results of testing
have been received and analyzed.
Peter Toghia, 21292 Antigua Lane, asked that the applicant
be required to ,submit a traffic study showing the kinds .of
trucks and traffic patterns to be used for' the shipment of oil,
citing the noise impacts and hazards to school children which
might result from the operation.
There were no other persons present to speak at this time ,
and the public hearing was left open to the meeting of June 19 .
-5- 6-5-84 - P.C. 3
h.,
huntington beach development services department
STA f f
REDORT
TO: Planning Commission
FROM: Development Services
DATE : May 15 , 1984
SUBJECT: CODE AMENDMENT NO. 83- 16/NEGATIVE DECLARATION NO. 84-12
(AN AMENDMENT TO DIVISION 9 OF THE HUNTINGTON BEACH .
ORDINANCE CODE ESTABLISHING STANDARDS FOR THE CONVERSION
OF APARTMENTS TO CONDOMINIUMS)
On May 1 , 1984 the Planning Commission reviewed the proposed
Condominium Conversion Ordinance on a section by section basis .
Comments which had been submitted by the Huntington Beach/Fountain
Valley Board of Realtors and Norbert H. Dahl and Associates were
cons.idered in the Commission ' s review. The attached ordinance
indicates in bold type the revisions made by the Commission.
All of the comments submitted by Norbert. Dahl in his letter dated
_Apri1 .30 , 1.984 were acted upon by the Commission except suggested
revisions to Sections 9300 .6 , 930," . 10, 9300. 10. 15 , 9300 . 12 , 9300. 14 '
and the addition of. Section 9300 . 12 . 1 . All of the comments
submitted. by the Board of Real.tors , in their letter . dated April 3 , 1984
were acted upon by the Commission . except the comments pertaining to
development standards .
The staff ' s position on Mr. Dahl ' s suggested revision to Section
9300.6 pertaining to compliance with Title 17 of the Huntington
Beach Munic-Lpal Code is that the section should remain unchanged.
Any changes to Title 17 subsequent to project approval would most
likely occur for the purpose of protecting the public ' s health and
safety. For this reason, staff recommends that the section not be
changed in the manner Mr. Dahl has suggested.
Mr. Dahlssuggested revision to Section 9300. 10 relates to. the section
proposed (9300. 12 . 1) to grant a density bonus or other incentives of
equivalent financial value to a conversion project as compensation
for the provision of low and moderate income housing. The 'staff ' s.
position is that Mr. Dahl ' s proposed revision to Section 9300 . 10
should be adopted if the section proposed to implement density bonus
provis.ions _is .a.l;so .a,dopt.e.d.
In response to Mr. Dahl ' s comments regarding Section 9300. 10 . 15 ,
staff, concur.s that it is extremely unlikely that existing apartment
complexes in Huntington Beach will meet the requirements proposed for
curb turnarounds since the apartment standards only require a 20 ft .
radius . Staff suggests that the second paragraph of this section be
,
A-FM-23A
e
CA 83-16/ND 84-12
May 15 , 1984
Page 2
revised as follows :
"Accessways exceeding 150 ft . in length shall comply with Fire
and Public Works. Departments standards . "
It is staff ' s position that Mr. Dahl ' s suggested revi.sion to
Section 9300. 12 should be adopted if the section ( 9300 . 12 . 1 )
proposed to implement the density bonus provision is also adopted.
It appears based on a review of the bill which enacted Government
Code Section: 65915 . 5 the new section proposed by Mr. Dahl providing
for a density bonus or other incentives of equivalent financial
value as compensation for the provision of low and moderate income
housing is mandatory. Staff recommends that half of the 33 percent
low or moderate income housing required in this section be required
as low income housing.
Mr. Dahl recommends that paragraph A under Section 9300 . 14 be
deleted. Staff recommends that paragraph A be retained in the
ordinance . The amount and impact of the displacement of tenants
is a relevant issue which should be considered by decision makers
for a proposed condominium conversion project .
Pursuant to the Planning Commission ' s direction, staff has prepared
the following language for inclusion in the ordinance prohibiting
condominium conversions if the apartment vacancy rate is less than
three percent .
9300 . 19 "_VACANCY _R_ATE-REGULATION The Planning Commission shall
deny without prejudice any Conditional Use Permit application for
a condominium conversion if the rental dwelling unit vacancy rate
in the City at the time of the public hearing is equal to or less
than three percent . "
ATTACHMENTS :
1 . Ordinance
2 . May 1 , 1984 staff report .
3 . April 3 , 1984 staff report .
4. December 13 , 1983 staff report .
5 . Comparison of development standards .
6 . Letter from Norbert Dahl and Associates dated April 30, 1984.
7 . Letter from Huntington BeachlFountain Valley Board of Realtors
dated April 3 , 1984.
8 . Negative Declaration No . 84-12 .
JWP : JRB : sr
\�` 3g
Mifi,,J.tes , H. B. Planning -.,mmission
1984
Page
. REGULAR AGENDA ITEMS :
CODE AMENDMENT NO. 84-16/NEGATIVE DECLARATION NO. 84-12
A )[.-;1icant : City of Huntington Beach
A , - -posed amendment to the ordinance code amending Sections 9310 . 0
and 9.360 . 1 and adding a new Article 930 establishing standards, and .
guidelines for conversion of ..apartments to residential condominiums ,
stock cooperatives , or community apartments .
James Barnes briefly reviewed the staff report and supplement to
the staff. report. He also pointed out the communication received
this date from Norbert H. Dall & Associates pertaining to the pro-
posed code amendment.
The public hearing was reopened. .
Shirley Long addressed the Commission as a representative from the
Board of Realtors . She asked that S. 9300. 3 , Fees Required, be
resTuctured to apply to the cost of processing applications , and
questioned the strict nature of the development standards contained
it, the proposed ordinance , saying that they may restrict a great
many properties from being able to convert. It was her position
that the standards would inhibit provision of low/moderate ownership ,
hou.,:. ,ng in the c,-(-__r,.-ffnunity and more reasonable construction standards
were needed to .increase the availability of low and moderate income
housing in the City and to encourage .ownership.
Stepi-anie Dall , representing Norbert Dall & Associates , commended
staff on its response to their prior concerns and reviewed addi-
tional areas in which she thought clarification might be needed :'
1 ) She felt that a cut-off point of any percentage in the vacancy
rate as a criterion for permitting conversions would result in
arbi-_-rary discrimination against projects for which proposals might
be submitted at an inopportune time , while permitting other projects
filed at different times to convert. She proposed an alternative
approach which would all-ow an applicant to propose a mitigation pro-
gram in -such instances and urged adoption of the change . 2) She
recommended changes in the density bonus language to bring that
section into conformity with Sections 9300 . 12 and 9300 . 12 . 1 . 3) In
the tenant assistance program Ms :. Dall proposed that an average of
the rent increase over the past two (2) years be the updated limit
of assistance once the conversion process begins . Also , she felt
Lh.-It the word "contract" alone might be ambiguous and might be con-
sidered not to apply to month-to-month rental agreements , suggesting
that the words "month-to-month" be inserted in the te.rminology ' of
the pertinent section.
Dick Harlow spoke to make the following recommendations : 1) He
asked that language be incorporated to acknowledge the fact that
-2- 5-15-84 - P.C. Ala
Minutes , H. B. Plana._ _,g Commission
May 15 , 1984 �
Page 3
r-.
i
original apartment construction was designed to a different
set of standards and that the Commission when .reviewing a con-
` version project take that into account; 2) He suggested that
the density standards in the ordinance .be consistent with those
contained in the apartment standards ; and 3) He concurred that
approval of a conversion request based on a vacancy factor
would be arbitrary and suggested that an objective be set to
encourage home ownership and that criteria be used in evalua-
�_ing an application.
There were no other persons to speak in regard to the proposed
ordinance, and the public hearing was closed.
The Commission discussed the question raised by Ms. Long in re-
gard to fees . Staff explained the premise behind its inclusion
of the per-unit fee structure , saying that the staff time taken
to process a larger project would be greater than that needed' •
;.o process a smaller one and the object had been to relate
costs as closely as possible to the actual time expended. Pro-
p6sed chase to the wording to strike the "per unit" fee and
refer simply to a "processing fee" was discussed. Legal counsel
Art Folger indicated that no fees may be charged which do not
'near a reasonable relation to the actual costs incurred, but
the law has permitted additional fees which can be shown to be
based on such a reasonable relationship. Also briefly discussed
were park a:.d. recreation and library fees as they might relate
to conversion projects .
ON MOTION BY WINCHELL AND SECOND BY MIRJAHANGIR THE COMMISSION
DETERMINED TO RETAIN THE FEE WORDING AS .STAFF HAS RECOMMENDED,
BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Winchell , Porter, Schumacher, Mirjahangir
NOES: Livengood , Erskine
ABSENT: None
ABSTAIN: None
The Commission reviewed the proposed changes contained in the
staff report:
S . 9300. 6 .- Compliance with Title 17 of the Municipal Code.
Staff has determined that it can support the revision which would.
require that a condominium conversion project be subject to the
'Pitle 17 provisions which are in effect at the time the conver-
sion is approved.
ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL THE COMMISSION
R DETERMINED TO APPROVAL THE STAFF ' S AMENDED VERSION OF 9300 . 6
AS. OUTLINED ABOVE, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Winchell, Livengood, Porter, Erskine ,
Schumacher, Mirjahanger
NOES : None
ABSENT: None , O
ABSTAIN: None -3- 5-15-84 - P .C. .
Minutes, H. B. Planning wmmission
May 15 , 1984
Page 4
S . 9300 . 12 . 1 - Density Bonus or equivalent incentive . Jim Barnes
reported .that the wording proposed for S. 9300. 12 .,1 by Norbert '
Dall follows almost verbatim the state legislation which became
ef.fE-Ctive on January 1 , 1984 , and staff is recommending its in-
clusion into the ordinance. Staff is , however, recommending one
devi-ation from that wording : The legislation requires 33 percent
low and moderate income housing, and staff is recommending that
the ordinance require that at .least half of that 33 percent be
for l.ow. income housing salable only tc.; people who qualify in that
.range. Staff noted that the information had been submitted only
earlier in the day and time had not been available to review it
in detail.
ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL THE COMMISSION
DETERMINED TO, APPROVE THE INTENT OF S . 9300. 12 . 1 AS OUTLINED IN
NORBERT DALL' S MEMO OF MAY 15 , 1984 , WITH THE PROVISO THAT HALF
OF THE REQUIRED 33 PERCENT BE FOR LOW INCOME PERSONS , AND WITH
THE DIRECTION TO STAFF TO REVIEW THE SECTION IN DEPTH AND BRING
IT BACK TO THE COMMISSION WITH ANY REVISIONS IT MAY FEEL NECES-
SARY , BY THE FOLLOWING STRAW VOTE :
AYES : Higgins , Winchell , Livengood, Porter, Erskine,
Schumacher, Mirjahangir
NOES : None :
ABSENT: None
ABSTAIN : None
S . 9300. 10 - Development Standards , and 9300. 12 - Special Permit.
Chairman Porter noted that, if it is the intent of the Commission
to adopt 9300. 1.2 . 1 above, then these two subsections should also
be amended to reflect that action.
ON' MOTION BY LIVENGOOD AND SECOND BY HIGGINS THE COMMISSION RECOM-
MENDED THAT STAFF MAKE THE NECESSARY CORRECTIONS TO 9300. 10 AND
9300 . 12 TO REFLECT THE ADDITION OF S.- 9300. 12 . 1 , BY THE FOLLOW-
ING STRAW VOTE.:
AYES : Higgins., Winchell , Livengood, Porter, 'Erskine ,
Schumacher , Mirjahangir
NOES : None
ABSENT: None
ABSTAIN: None
S . 900. 10. 15 - Private Accessway. Widths . Staff is recommending
that the language be revised to state : "Accessways exceeding 150
feet in length shall comply with Fire and Public Works standards. "
ON MOTION BY WINCHELL AND SECOND .BY HIGGINS THE COMMISSION APPROVED
THE ABOVE REVISION, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Winchell , Livengood, Porter, Erskine
Schumacher, Mirjahangir
NOES : None
ABSENT: None
ABSTAIN: None ��(A
_ .�� -4- 5-15-84 - P.C.
Minutes, H.B. Plan _ _ng Commission
May 15 , 1984
Page 5
S. 9300 . 14 - Effect of Proposed Conversion on City ' s Housing
Supply. Jim Barnes reported that staff is recommending that
Paragraph A of this section be retained in the ordinance (as
opposed to the position taken by Mr. Dall) because the
impact of the displacement of tenants is a relevant issue
which should be considered during processing of a proposed
condominium project.
ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS THE COMMISSION
SUPPORTED THE RETENTION '"OF THE LANGUAGE IN S . 9300 . 14 , BY
THE FOLLOWING STRAW VOTE:
AYES : Higgins, Winchell , Livengood, Porter, Schumacher,
Mirjahangir
NOES : Erskine
ABSENT: None
ABSTAIN : None -
S. 9300. 19 - Vacancy Rate Regulation. Chairman Porter reviewed
the recommendation from staff for a three percent vacancy
rate as a determinant for an immediate denial without preju-
dice of any conversion .proposal , as well as the proposed word-
ing from Norbert Dall and the testimony given at the meeting.
The Commission reviewed and determined that more comprehen-
sive analysis of this section was required .
ON MOTION BY HIGGINS AND SECOND BY WINCHELI. STAFF WAS DIRECTED
TO REVIEW BOTH THE WRITTEN AND ORAL TESTIMONY RELATIVE TO
SECTION 9300. 19 AND PRESENT RECOMMENDED WORDING TO THE COMMIS-
SION AT THE NEXT MEETING, BY THE FOLLOWING VOTE:
AYES : Higgins , Winchell , Livengood, Porter, Erskine ,
Schumacher, Mirjahangir
NOES : None
ABSENT: None
ABSTAIN: None
S. 9300. 11. 13 - Acoustics . Staff discussed its proposed revi-
sion to this section, which specifies that projects shall meet
the standards contained in Title 25 of the California Adminis-
trative Code as they exist at the time of project approval .
ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS THE COMMISSION
DETERMINED TO SUPPORT STAFF IN THE PROPOSED REVISION CONTAINED
IN THE MAY 15 , 1984 , STAFF REPORT, ITEM 3 , BY THE FOLLOWING
STRAW VOTE:
AYES : Higgins, Winchell , Livengood, Porter, Erskine,
Schumacher, Mirjahangir
NOES : None
ABSENT: None
ABSTAIN: None
ti -5- 515-84 - P.C. �1�
' Minutes , H .B. Planning nmissi.on
May 15 , 1984
Page 6
Other items discussed by the Commission in regard to the conversion
ordinance mere as follows :
Staff pointed out that the words "apartment complex" have been
added to Section 9300 , Application of Article, to indicate that
such complexes are included in those eligible for conversion.
Commissioner Winchell questioned why no provision for security
gating has been included, such as the planned residential develop-
ment standards require. Staff replied that there is a section of
the Municipal Code where that issue is discussed. Ms . Winchell
asked that staff look into why that provision is contained in the
Muiii.cipal Code instead_ of in the development standards in Division 9
and report back.
Commissioner Porter referred back to testimony on the ambiguity of
month-to-month rental agreements. Art Folger. informed the Commis-
sion that any agreement is actually a contract, but if there is a
concern the wording might be changed to .call out "any contract prior
to the date of this ordinance. " Commissioner Erskine expressed
reluctance to decide on a question of this nature without further
study and thought given to it by staff and the legal department.
ON MOTION BY ERSKINE AND SECOND BY LIVENGOOD STAFF WAS DIRECTED TO
AN THE CONTRACT QUESTION IN LIGHT OF THE PUBLIC TESTIMONY,
BY THE FOLLOWING STRAW VOTE :
AYES : Higgins , Winchell , Livengood, Porter , Erskine,
Schumacher , Mirjahangir ,
NOES: None
ABSENT: None
ABSTAIN : None
Further discussion of S. 9300 took place. Commissioner Winchell
asked that the words "tenant household" be included in each section
where it is applicable, as discussed at a prior meeting.
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR THE COMMISSION
ACCEPTED STAFF ' S RECOMMENDATION ON S . 9300 ADDING "APARTMENT COMPLEX"
AND DIRECTING THAT STAFF ADD "TENANT HOUSEHOLD" THROUGHOUT THE
DOCUMENT, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins, Winchell , Livengood, Porter , Erskine,
Schumacher, Mirjahangir
NOES : None
ABSENT: None
ABSTAIN: None
Staff will return the document as amended by the Commission to the
June 5 , 1984 meeting. The public hearing remains closed.
,�� -6 5-15-84 - P .C. `G
Minutes , H.B. Planning Commission
May 15 , 1984
Page 7
f ,
t
ON MOTION BY ERSKINE AND SECOND BY MIRJAHANGIR CODE AMENDMENT
Z-3 NO. 83-16 AND NEGATIVE DECLARATION NO . 84-12 WERE CONTINUED TO
THE MEETING; OF JUNE 5 , 1984 AT 6 : 00 PM, BY THE FOLLOWING VOTE:
AYES : Higgins , Winchell , Liveiigood, Porter, Erskine,
Schumacher , Mirjahangir
NOES : None
ABSENT: None
ABSTAIN : None
USE • PERMIT NO. 83-73 (Cont. from April 17 , 1984)
Applicant : Donald Perry
A request to permit an addition to a single-family dwelling loc-
ated on the west side of Second Street 150 feet south of Orange
Avenue .
Michael Adams discussed the modifications to the layout and the
proposed conditions of approval for subject addition. He in-
formed the Commission that the Redevelopment Agency has met with
.residents of the area in which Mr. Perry' s project is located
and the consensus of the majority of residents was that they were
not interested in proceeding with a joint program with the Agency .
The applicant' s proposal , with the proposed conditions and review
of elevations by the Design Review Board , will be consistent
with the neighborhood and with the Downtown Specific Plan, and
staff is recommending approval.
In response to questioning from Commissioner Higgins , Mr. Perry
said that if the modification of the stairway location as required
in the suggested conditions of approval would result in very
inefficient use of floor space he would very much object; however ,
if it merely means that the stairway is not a closed, locked',
separate stairway to the second floor he would be willing to abide
by the condition. Staff explained its concern that the stair
location should be such as to preclude the possibility of separ-
ation. of the second floor into a future rental unit. Mr. Perry
repeated his willingness to accept the approval of the Department
of Development Services director, but asked that the Commission
state that the general movement of the stairway as .it comes down
is acceptable without any double-back feature added. Mr. Perry
also questioned the necessity for a future parcel map to consoli-
date his property into one lot.
The Commission reviewed the suggested conditions of approval and
discussed the means of enforcement which could be used to assure
-,7M that the commercial portion of the project was used for that
purpose only. Chairman Porter informed the Commission that he
would speak against a motion for approval in light of the City ' s
efforts in formulating the Downtown Specific Plan.
-7- 5-15-84 - P.C. a•��
huntington beach developm�at services department
STAff
_REPORT
TO: Planning Commission
FROM: Development Services
DATE: May 1, 1984
:SUBJECT: CODE AMENDMENT NO. 83-.16/NEGATIVE DECLARATION NO. 84-12
(An amendment to Division 9 of the Huntington Beach
Ordinance Code establishing standards for the conversion
of apartments to condominiums)
On April 3 , 1984 , the Planning Commission continued Code Amendment
No. 83-16 which would add a new article to the zoning ordinance
establishing standards for the conversion of apartments to
residential condominiums, stock cooperatives and community apartments.
Pursuant to the Commission' s request, staff has done further research '
on the number . of rental units in the City and vacancy rates based on
the most recent available census information. Staff also conducted a
random survey of other cities in Orange County to determine whether
they regulate the number of conversions that can take place based on
vacancy rates.
According to the 1980 Census , which is the most currant information
vailable, .tliere were 25 , 939 rental units in the City and 1,160 units
were vacant, , which translates into a 4 . 5 percent vacancy rate.. Six
Orange County cities were contacted on whether they limit the number
c.f condominium conversions based on the vacancy rate. The City of
Newpo::t Beach does not permiL condominium conversion projects if the
vacancy rate for apartments, is less than 5 percent. The cities of
Costa Mesa and Fullerton do not permit condominium conversions if the
-acancy rate for apartments is less than 3 percent. The other cities
contacted place no ].imitations on condominium conversions as they
relate to vacancy rates.
ATTACHMENTS:
1, April 3 , 1984 Staff Report
2. Ordinance
3. December 13, 1983 Staff Report
4. Comparison of development standards
5. 1981 Ordinance
6 . - Letter of Board of Realtors dated December 12 , 1983
7. Language submitted by Norbert Dall regarding density bonuses
8. Negative . Declaration No. 84-12
J RB :j lm
0607d
A-FM-23B�
parking lot for Great Western Savings. Staff made a brief presentation
and recommended approval with recommendation for adoption by the City
Council.
The public hearing was opened . Jerry Welch, representing Great Western ''
Savings, said he would answer any questions the Commission had. Seeing
there were none, the public hearing was closed.
Commissioner Mirjahangir -asked staff: if the lot consolidation was
considered appropriate. Mr. Adams referred .to Mr. Welch who stated
that the lot consolidation occurred in 1969 .
ON MOTION BY WINCHELL AND:-SECOND BY LIVENGOOD ZONE CHANGE NO. 84-4 WAS
APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION WITH THE
FOLLOWING FINDING , BY THE FOLLOWING VOTE :
FINDING FOR APPROVAL.:
1: The proposed zone change is compatible with the surrounding land
uses.
BYES: Higgins, Winchell, Livengood, Porter, Mirjahangir
NOES : None
ABSENT: Erskine, Schumacher
ABSTAIN : None
CODE AMENDMENT NO. 83-16/NEGATIVE DECLARATION NO. 84-12 (Continued from
-3-84)
initiated by City of Huntington Beach
An amendment to the Ordinance Code amending Sections 9310. 1 and 9360 . 1
and adding a new Article 930 establishing standards and guidelines- for
conversion of apartments to residential condominiums , stock
cooperatives or community apartments.
The Commission discussed each section, incorporating comments from
Norbert Dahl and Shirley Commons Long (Board of Realtors) on various
sections. As a result of that discussion, the following changes were
proposed to the ordinance; the new language ( underlined) , reads as
follows:
9300 . APPLICATION OF ARTICLE . The {provisions of this article shall
apply to conversions of existing apar- tmc-tit hou:.er;, apartrn(.nt hoteI 'S,
hotels, multiple dwellings, or group dE-IL iny:, to .a condominium, to(( k
cooperative or community apartment project involving separate ownership
of individual living units, and this article shall also apply where
multiple-:-.owner rental projects are also sold separately or divided in
such a manner that tenants are displaced. This article shall not apply
to applications for the subdivision of existing rental projects into
new multiple ownerships of two or more units which remain rental units.
Ay -10 5-1-84 - P.C.
9300 . 1. DEFINITIONS. (d) Project shall mean an existing apartment
.mouse, apartment complex, . . . For purposes of this definition, the
term "existing" means a building constructed prior to 1945 or, if it
was built after 1945 , a certificate of occupancy has been issued for
71 such building prior to the time of application.
9300 . 1. DEFINITIONS. ( e) AffordabLe unit shall mean a residential
unit, sold to or occupied by a household earning up to 120 . percent of .
Orange County' s gross median income as determined by the County of
Orange. Any change in the income range subsequently adopted by the
housing agency of Orange County shall be automatically reflected in
this definition.
9300.. 5 . DEVELOPMENT PLAN REQUIRED. (g) Tenant profile : (e.g . family
size , length of residence, number of tenants of age 62 or greater,
number of children, number of handicapped or disabled tenants.
9300 .9 . TENANT ASSISTANCE . ( a) (7) A description and brief explanation
of state and city requirements applicable to condominium conversions,
including the rights of tenants to participate in the governmental
decision process, that are in effect at the time the notice of intent
to convert was mailed. A copy of all laws and regulations pertaining
to condominiUm conversions shall be available for inspection and use
;wring normal business hours by tenants at the rental office of the
apartment complex proposed for conversion; ( f) Tena-nts Right to
Purchase. As provided in Government Code Section 66427. 1( d) any tenant
0 ". `,)usehold occupying, a unit on the date that the condominium conversion
is approved- by the City shall be given notice of an exclusive right to
contract for the purchase of its unit or any other available unit
within the development upon the same terms and conditions that such
unit will be . initially offered to the general public or terms more
favorable to the tenant. . . . Evidence that notice pursuant to this
subsection was mailed by registered mail to each tenant household shall
be submitted to the Department of Development Services within five
working days of when the notice was mailed . ( i) Relocation -
Assistance. The owner shall provide actual moving expenses not to
exceed one and one-half times the monthly rent to tenants residing in
the project at the time of approval by the City.
The chairman called for a 10 minute recess. Commission reconvened at
9 : 55 P.M.
The language changes resumed as follows :
9300 .10 . 10 . OPEN SPACE (COMMON) . Common open space areas shall
not be located within 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 5 feet of the ground
floor dwelling unit, provided the separation area is landscaped , etc .
9300 . 10 . 11. OPEN SPACE (PRIVATE) . . . Units constructed above ground
level in which all rooms .used for human habitation are constructed
above ground level shall be provided with balconies or sundecks with a
Al
� � \f. -11- 5-1-84 - P .C . 1�(A
minimum of 60 square feet and a minimum dimension of six (6) feet.
9300. 11. 15. SOLAR WATER HEATING. All condominium conversion
developments 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.
9300. 15. PLANNING COMMISSION TO CONSIDER ADDITIONAL FACTORS.. (c) The
need and 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 of apartments. (d) . . .
In assessing the current vacancy level under this subsection, the
increase in rental rates over the preceding two years and the average
monthly vacancy rate for the project over the preceding two years shall
be considered.
in addition to the above-mentioned sections, Sections 9300. 3 , Fees and
9300 . 6 , Special Code Compliance Inspection Report , were discussed and
staff will be prepared at the next meeting to suggest revisions in •
response to the discussion. Sections 9300 .10 , Development Standards
and 9300. 10 . 1 , Maximum Density were held in abeyance until the next
.. egular mee'..ing .
'i'he public hearing was opened . Norbert Dahl and Shirley Commons Long
briefly. summarized their written responses. Dick Harlow also addressed
the, Commission stating that he agrees with the recommendations made by .:
the Housing Committee. Commissioner Winchell suggested that the
meeting of May 15, begin at 6 P.M. with this item.
ON MOTION BY LIVENGOOD AND SECOND 13Y HIGGINS CODE AMENDMENT NO. 83-16
AND NEGATIVE DECLARATION NO. 84-12 WERE CONTINUED TO THE MAY 15, 1984
MEETING TO BEGIN AT 6 : 00 P.M. THE PUBLIC HEARING WILL REMAIN OPEN.
'?.'tiIS MOTION PASSED BY THE FOLLOWING:, VOTE :
AYES : Higgins , Winchell, Livengood, Porter, Mirjahangir
NOES: None
ABSENT: Erskine, Schumacher
ABSTAIN : None
ITEMS NOT FOR PUBLIC HEARING:
SITE PLAN AMENDMENT NO. 84-05
Applicant : Church of Latter Day Saints
Site Plan Amendment No. 84-05 is a request by the Church of Jesus
Christ of Latter Day Saints to erect a 12 foot by 20 foot storage
building (240 square feet), to house yard maintenance tools, lawn
mowers, sweepers, etc. , in their_ parking lot adjacent to the northerly
property line on property at the northeast corner of Delaware Street
and Clay Avenue.
�" -12- 5-1-84 - P .C .
huntington beach developni.at services department
sTA f F
. REPORT.
TO: Planning Commission
FROM: Development Services
DATE: April 3 , 1984
SUBJECT: . CODE AMENDMENT NO. 83-16/NEGATIVE DECLARATION NO. 84-12
(An amendment to Division 9 of the Huntington Beach
Ordinance Code establishing standards for the
conversion of apartments to condominiums)
1. 0 SUGGESTED ACTION:
Staff recommends that the Planning Commission recommend that the •
City Council approve Code Amendment No. 83-16 .
2.0 GENERAL INFORMATION:
Code Amendment No. 83-16 would add a new article to Division 9 of
the Huntington Beach Ordinance Code establishing standards for the
conversion of apartments to residential condominiums, stock
cooperatives , and community apartments.
The Planning "ommissi.on has held three study sessions (January 17,
February 7 , and February 22, 1984) to discuss a draft condominium
conversion ordinance orginally presented to them by the staff on
December 13 , 1983 . A discussion of the City ' s long-term efforts
towards the development of a condominium conversion ordinance is
contained in the attached December 13 , '1983 staff report.
3.0 ENVIRONMENTAL STATUS :
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services has posted draft Negative
Declaration No. 84-12 for 10 days . The staff, in its initial study
of the project, has recommended that the negative declaration be
issued. Prior to action on the code amendment, it is necessary for
the Planning Commission and City Council to review and adopt
Negative Declaration No. 84-12.
4 . 0 ANALYSIS :
The adoption of a condominium conversion ordinance will provide new
criteria requirements and development standards for proposed
condominium conversion projects . At present, proposed condominium
A-F M-23.A
4
conversion projects must comply with planned residential development
standards contained in Articles 931 and 936 of the ordinance code.
The proposed condominium conversion ordinance contains many of the
same standards that are found in the Planned Residential Development
Ordinance (Article 936) some of the same standards found in the
Apartment Ordinance (Article 9.32) and some new standards which
address circumstances unique to a condominium conversion project .
'rhe previous draft condominium conversion ordinances prepared by
staff and discussed at the study sessions, incorporated some
development standards contained in the planned residential
development Ordinance (Article 936 ) by reference . At the request of
the Planning Commission, the ordinance has been revised to be
self-contained. All of the standards applicable to a condominium
conversion project are now within the text of the proposed ordinance.
Attached for the Planning Commission' s review is a matrix which
compares major development standards proposed in the condominium
conversion ordinance (Article 930) against existing planned
residential development standards (Article 936) , apartment standards
(Article 932 ) and development standards proposed for adoption in a
1981 ordinance .
Standards in the proposed ordinance for density, setbacks from
interior property lines, building height, main recreation area,
Minimum flcor area, private access way widths and parking are the
same E*s. those contained , in the existing planned residential.
development ordinance . Standards proposed in the new ordinance for
. ite coverage, building separations, building bulk and open space
vary from the existing planned residential development and apartment
standards . The proposed standard for setbacks on public streets is
the same as is presently required in the apartment ordinance.
Listed below is a brief description of all of the other sections
within the proposed ordinance in terms of whether it is a new
section and, if not, what existing ordinance it evolved from:
Section 9300 , Application of
Article New section
Section 9300 .1, Definitions New section
Section 9300 .2 , . Permit
Required New section
Section 9300. 3, Fees Required New section
Section 9300 .4, Limitations on
Projects New section
Section 9300 .5 , Development
Plan Required New section
�J\�. -2- 4-3-84 - P .C .
Section 9300 .6 , Special Code
Compliance Inspection Report New section
Section 9300 .7 , Pest Control New section
Section 9300 .8 , Covenants, Condi-
tions and Restrictions This section is
similar to a section
contained in the
planned residential
development ordinance,
however, contains
specific provisions
relating to
. condominium
conversions.
Section 9300 .9, Tenant Assistance New section
Section 9300.10, Development
Standards See matrix comparing
PRD, apartment and
condo conversion
development standards .
Section 9300 .11 , General Provisions Provisions in this ,
section are generally
the same as those in
the general provisions
section of the PRD
Ordinance.
Subsections addressing sound attenuation, locks, solar water
heating and fire protection are new.
Section 9300 .12 , Special Permit This section is the
same as the section
requiring special
permit in the PRD
Ordinance.
Section 9300 .13 , Affordability New section
Section 9300 .14, , Affect of Proposed
Conversion on City' s Housing Supply New section
Section 9300 . 15, Planning Commission
to Consider Additional Factors New section
Section 9300 . 16 , Findings New section
Section 9300 . 17, Action by
Planning Commission New section
y
\ -3- 4-3-84 - P.C. d�'�
Section 9300 . 18, Prerequisites for ,
Approval of a Final Map New section
` .0 RECOMMENDATION:
Staff recommends that the Planning Commission recommend the City
_Council approve Code Amendment No. 83-16 .
ATTACHMENTS :
1. Ordinance
2. December 13, 1983 staff report
3. Comparison of development standards
4 . 1981 Ordinance
5 . Letter from Board of Realtors dated December 12 , 1983
6. Language submitted by Norbert Dall regarding density bonuses
7 . Negative Declaration No. 84-12
JRB : jlm 7
0485d
-4- 4-3-84 - P.0 .
1%.L 11 la L.L:.Z,, i1.n. " Ldilning commission
April 3, 1984
Page 15
ZONE CHANGE NO. 83-11 (In conjunction with LUE 84-1/ Area 2 .1)
Applicant : , The Fieldstone Company
A request to prezone 42 . 4 acres of property to R1 (Low Density
Residential) located i.n the unincorporated Bolsa Chica area of
Orange County at the terminus of Graham Street between the
Orange County Flood Control District Wintersburg Channel and a
point approximately 1400 feet south of graham Street.
The Commission considered this zone change request in light of
its prior action on Area of Concern 2 . 1 of LUE 84-1 .
The public hearing was opened. By reference, the testimony given
by the public relative to Area of Concern 2 .1 was adopted. The
public hearing was closed.
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR ZONE CHANGE
NO. 83-11 WAS CONTINUED TO THE MEETING OF SEPTEMBER 18 , 1984 ,
BY THE FOLLOWING VOTE: °
AYES : Higgins , Winchell, Livengood, Porter, Schumacher,
Mirjahangir
NOES : None
ABSENT': None
ABSTA.:,"ti: Erskine
;ODE N1)MEN`'. NO. 83 16
Appli r.;.�_t: City of Huntingt D�� Beach
A proposal to amend the ordinance code by amending Sections
9310. 1 and 936-. 1 and adding a new Article 930 establishing
standards and guidelines for conversion of apartments to resi-
dential condominiums, stock cooperatives, or community apart-
ments.
Staff has requested a continuance on this ,item.
The public hearing was opened. There were no persons present
to addrass the matter, and the public hearing was left open.
In the ensuing discussion staff was asked to provide .informa-
tion on the following items: Number of existing rental units
in the City; vacancy factors; how much of our rental stock it
would be desirable to give up to conversions; information on
how other municipalities handle this matter; and input from
the Attorney' s 'office as to whether or not conversions can be
tied to a vacancy factor.
ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CODE AMENDMENT
NO. 83-1.6 WAS CONTINUED? TO THE REGULAR MEETING OF MAY 1, 1984
y{ WITH DIRECTION TO STAFF TO. PROVIDE ADDITIONAL INFORMATION, BY
i THE FOLLOWING VOTE:
,� 3 =15- 4-3-84 - P.C .
Minutes, H. B. Planr. Commission
April 3 , 1984
Page 16
AYES : Higgins , Winchell , Livegood, Porter, Erskine, Schumacher,
hf it j ahangir
NOES: None
ABSENT: None
ABSTAIN: 'None
CONDITIONAL USE PERMIT NO. 84-5/TENTATIVE TRACT NO. 11769/
'NEGATIVE DECLARATION NO. 84-4
Applicant: Lindborg-Dahl Investors
To permit the subdivision of land into 15 lots for the construc-
tion of single-family dwellings on property located on the south
side of Ellis Avenue approximately 660 feet west of Goldenwest
Street.
P%like Adams reported that, although the staff is requesting a con-
tinuance in order to try' to obtain a 10-acre conceptual plan to
assure access to the rear five acres immediately adjacent to the
subject site, concurrence has not been obtained from the appli-
cant.
David Dahl , .applicant, addressed the Comm_i :�sion to say that he
would agree to a continuance for two weeks to allow time to dis-
cuss . '--he problem with the adjacent landowner .
s 1
ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE. C.U .P. 84-5 , TT 1.1769 ,
:AND, ND , 84-4 WERE ..CONTINUED TO THE ,MEETIN.G OF APRIL 17 , 1984 , TO
PERMIT STAFF TO PREPARE A 10-ACRE CONCEPTUAL PLAN, WITH THE CONCUR-
RENCE OF THE APPLICANT, BY THE FOLLOWING VOTE
AYES : Higgins, Winchell , Livengood , Porter , Erskine,
Schumacher, Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ACTION NO. 84-2
Applicant: Emergicenter
A request to permit the continued use of a nonconforming roof
sign located on the east side of Beach Boulevard approximately
400 feet south of Ellis Avenue (18583 Beach Boulevard) .
Mike Adams reported that the Emergicenter will use half of the
existing sign for its business; the remaining half of the sign
space will be reserved for another tenant at a later date. Slides
of the project were shown.
Jerry Bame, representing the applicant, indicated their agreement
with the conditions of approval suggested in the staff report.
-16- 4-3-84 - P.C. S�
`� k c
huntington b+each development services department _
STA F F
E ORT
I
TO: Planning Commission
FROM: Development Services
LATE: March 20, 1.984
SUBJECT: DRAFT CONDOMINIUM CONVERSION ORDINANCE (CA 83-16)
r
Attached for the Planning Commission' s review is the final draft
C ndominium Conversion Ordinance with the changes in italics suggested
by the Commission at their January 17 , February 7 and February 22 , 1984
study sessions. The staff will be prepared to respond to any further <
comments regarding the ordinance at the March 20th Planning Commission
°.eeting . If the ,Commission concurs ; staff will be scheduling this
.ordinance fo!: public hearing on April 3 , 1984.
ATTACHMENTS : Final draft ordinanc,,
i
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. I
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\ �. : A-FM-238�
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ORDINANCE NO.
A
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 930 ESTABLISHING
STANDARDS AND GUIDELINES FOR CONVERSION TO
RESIDENTIAL .CONDOMINIUMS , STOCK COOPERATIVES ,
AND CONSIUNITY APARTMENTS
The City Council of the City of Huntington Leach does ordain
as follows:
SECTION 1 . The Huntington Beach Ordinance Cade is hereby
amended by amending Sections 9310 . 1 and 9360 . 1 to read as follows :
e
9310 . 1. . APPLICATION OF ARTICLE. The provisions of this
article shall apply only to real property for which an appli-
cation has been filed with the city for approval of a low-density
}Manned 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 both new and existing developments .
9360 . 1 . AI'I'I,ICATION OF ARTICLE. The provisions ol- this
, rti.clr sh;.iAl apply to real property for i•:hich an application has
hcen filed for a medium/high-density planned residential devel.op-
.aent which has :tight (8) or more units per gross acre . Real
property , ur.ron which such developments are proposed, shall have
,een zoned and designated on the land use element of the general
plan for a residential '-use . This article shall apply to both new
and existing developments .
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by aiding thereto new Atticle 930 entitled , "Residential
Condominium Conversion" to read as follows :
9300 . APPLICATION OF ARTICLE. The provisions of this
a.rticie shall apply to real_ property for which an application
hetfa(.t.wL filed with the city for approval to convert an existing
apartiiient house , apartment hotel , hotel , multiple dwelling or
group dwelling to a condominium, stock cooperative , or community
apartment project , and shall apply where mul.t.iple -owner rental
projects are sold separately or divided so that tenants are
displaced .
' The real property proposed for such conversion shall be
..oned and designated for residential use in the land use element
of the city ' s general plan .
fj\4 1 CA'
Rental? units CON'St RC.t('.d Sub(b( equ( int to the. eet,ive date.
u6 t;4is ,att�.ef.e shah. h.emct�.o tentat units (Iot a m,in,imum of Give
it 5 ) yeats . 16 a6tet the (live yeah peti.od said devef.opment iA
c_onvet,ted to condominiums the condominium conversiion shaU be
su.bJeet to .the c.ity ' s Ptanned Re�sti.dentia.f De.vetopment Standarcd,5
which ate .in e66ect at that time.
0300 . 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
directed to the use of such words and phrases :
(a) ALY- licant 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) D .te of conversion shall mean the date the final map
for a project was approved by the City Council .
(d) �)rcject shall mean an existing apartment house ,
apartment hotel , hotel , multiple dwelling or group dwell.i.ng
proposed fo; conversion to a condominium, stock cooperative or
,owmunity apartment . Fr., r purposes of this definition , the term
�vexisting i': :3i1S a i)ulld.in,,; COnStrllCted prior to I9,15 or , if it.
'..as built ft:er 1.945 , a certificate of occupancy has. been issued
.for such b,(:J:Ad.ing prior to the time of .tentative .t,�,ac-t map applicat.:iorl .
(e) Affordable unit shall mean a residential unit , sold to
or occ.upie��— by a household earning up to 120 percent of Orange
County ' s gross median income as determined by the County of Orange .
9300 . 2 . PERMIT REQUIRED. (a) No person , firm , corporation ,
partne. ship , or other entity shall convert existing dwelling units
to a condominium, community apartment or stock cooperative without
first having such conversion approved by the Planning Commission ,
or the City Council on appeal .
(b) Conversion projects shall- be permitted Subject t-o the
issuance of a conditional use permit pursuant to provisions of
Article 934 and the approval of -a tentative tract map , as
provided by law. An application for a conditional use permit ,
together with a tentative tract map shall be filed with the
`iepartment of Development Services for concurrent processing .
9300 . 3 . FEES REQUIRED. Each project application shall be
accompanied by a per unit fee , established by resolution of the
City Council , in addition to application fees .
9300 . 4 . LIMITATIONS ON PROJEC'rS . No project shall be permitted
w,h,lch is already part of the city ' s low or moderate income rental
housing developed with 1-'cd.cral , state or local assistance , except
,i.s attowed by subsequent ,Lev.isions in redetaf/State taw on teguCatiails .
9300 . 5 . DEVELOPMENT PLAN REQUIRED. In addition to filing an
application for a conditional use permit , together with a tentative
tract map, a development' plan shall be submitted at the same time
containing the following information :
(a) The date of construction of all elements of the project , and
the date and de,sctip,t�on o.! each maJo& kepaik otL kenovat.ion o4 any
stkuctuke on b,tkuctwLa.e etement since the date o6 constnuction.
Fo). puApose,6 o6 .th.i,6 section "majors tepaiA" shatt mean any &epait:"
bon which an e.xpenditune o ' move ,than $5 , 000 was made.
(b) A statement of the major use of said project since
construction ;
(c) Statement regarding current ownership of all improvements
and underlying land.
(d) Square footage and number of rooms in each unit ;
( e) Rental rate history for previous :two ( 2 ) years ;
( 6) Monthly vacancy rate for each month during preceding two
(2) years ;
(g) T2.nant p)Looite: ( e. g . 6amiZy .54' ze, Zekigth o6 &esidence,
zg e, num b e.!: o u ch4.f.dnen) ;
(h) Proposed gales price of unit ;
(i) Proposed homeowners ' association fee ; and
(j) Naiies and addresses of al-1 tenants on thnee ( 3 ) sets o�
gurnaied eabe,',s {ion the purpose o6 no-t.iUy,ing -tenants o6 heeave:nt
pu b.e.ic hea.t:.iri.g s .
hlhen the applicant can demonstrate that such information is
not available , this requirement may be modified by the Department
of Development Services .
9300 . 6 . SPECIAL CODE COMPLIANCE INSPECTION REPORT . In addition
to filing an application for a conditional use permit together with a
tentative tract map , the applicant seeki-ng conversion shall file with
the Department of Development Services , inspection reports from State
licensed contractors which shall describe in detail any building code
violations , the conditions and remaining useful life of all structures ,
roofs , foundations , mechanical , electrical ; plumbing, structural
elements , energy conservation efficiency , plus an analysis of the
general conditions of ceilings , walls , doors , windows , appliances and
the occupancy classification under which the building was originally
constructed . All projects shall meet all applicable requirements
contained in Title 17 of the Huntington Beach Municipal Code as they
presently exist , or may hereafter be amended. The final form of the
report required in this section shall be as approved by the Director
of Development Services . The report , in acceptable form, shall remain
on file with the Department of Development Services for review by any
INnterested persons .
9306 . 7 . PEST CONTROL. The applicant seeking eonve.t6ion sha.e.e.
6.it e with the. Department 06 Development SvLvices , a sttuetunat pest
con.tto.e Aeport pnepa.ned by a ticensed pest con.tAot con-tnacton. The
6inaf 6min o6 .,the repo tt nee{ui&ed .in this section. 5hatt be as approved
by ,the D.iAectoA o6 Deve..eopment Services . The tepmt sha.e.e be approved .
p)Lion ..to .issuance o6 bu.i-ding pe-,.mits and sha t tema.in on 6.i.ee with. the
Depa4tmen-t o6 Deve.eopmen,t SvLvices bon review by any .intenes.ted pe`esonb .
9306 . 8 . COVENANTS , CONDITIONS AND RESTRICTTONS . The apptieapi-t ,
sha.e.e prepare a dec atation o6 Aestt.ictions and such dee.eanat.ion slra.Ce
meet t.h.e. teasonabte nequ.inemen-t�s o6 .the City Attotney which may .inc.eude
ptovisions :
1 . That ,the associa.t1i.on its Lespon.6 ib.ee bon maintenance and
tandscap.ing o6 aU paAts o6 the condominium eonvens.ion
project which are head .in common and that such maintenance
shah be peA6onmed to the s,tandand o6 maintenance pneva.ee.n.t
.in the ne.ighbothood.
? . That; ptov_4_'ded 6oA City en6oteemen-t o6 City and o.then. pube-i.e
-tra 6 6ic and parl.Ving taws and ordinances on p4iva-te •s,tteet �
i.{, ,the. City ,in its d.izcnetion, de-tetm.i,nes that such en6orce-
me► t is Required.
3 . That each unit owns shaU have 6ute acce>ss ,to common.ey
o(Vi!.ed areas. 6aciti.,ties and u.t.itities .
4 . Tlia.t each p ,.i.va,tc.ey. owned unit shah. give its a'd jacen-t
U:Itt,5 easernent .to cytter 4-ts unit 1.n order to e66ect
necessary tepa,iAs ,to the propuLty o6 such adjacent units .
5 . Th.cut .the eommon.ey-owned, neetea,tiona.e area .i.3 nonbu,itdabi'e
except Got Aeenea,t-iona.e purposes and such Zim4_' tation shaf e
cer.so be se-t 66-Ath on the a.itspaee map.
6 . That enabee ,the associa.t.ion on .the board 06 ditectoAs ,to
levy teasonabte 6.ines Got v.io.e.ation 06 the eonvenaj,lts ,
conditions and �LestAictions or Auf_es issued .-thereunder
and where 6 roes Aernain unpaid, have the power to -tnea.t
such unpaid 6.ine.s as unpaid assessments .
7 . That ,the ongaruza.tionae documents shag. a.e.eocu the
a,s.sociation to -te.tm.ina.te ,the con.ttac•t o6 aic/ pe.tsoa on.
otgan.iza,t.ion enraged by ,the devetope.A ,to pe-t6otm malage.meii.t
on ,nain,tenakice duties , th.tee ( 3 ) movi-th.s a6.ter .the a.ssoc ia.t i C'n.
a.:; sumes eon.t: LoC o6 the condominium convetsion ptojec-t or any
time .t h et e.a 6 t en.
9306 . 9 . TENANT ASSISTANCE . The applicant seeking conversion
shall comply with the following provisions for tenant assistance :
(a) Notice of Intent . A wAit.ten notice of intent to convert
shall be delivered to each tenant ' s dwelling unit , and the Department
of Development Services at least sixty (60) days prior to the filing
of appropriate applications . Each tenant and each person applying
for the rental of a unit in such project , has , or will have , received
all applicable notices and rights now or hereafter required by
Government Code sections 664S1 et seq .
The Notice of. Intent to tenants shall be deemed satisfied if
such notices comply with the legal. requirements for service by mail. .
Evidence of delivery shall be submitted with the application for the
project , anal in such form as approved by the Director of Development
Services . Such notice shall contain not less . than the following :
(1) Name , address and phone number of applicant or authorized
agent ;
(2) Statement of intent ; .
(3) Location of property ;
(4) Total number of .units ;
(5) Approximate per unit purchase price ;
(6) Earliest possible date of conversion ;
(7) A list and explanation of all applicable city regulations
in effect at the. time notice of intent to convert was '
mailed; and
t
( 8) Otl). r. information deemed neasooabfy necessary by the
[?hector of Development Services .
(b) Notice of Public Hearin. Each tenant househot d shall be
given wn.i.t_fen noticeof the public hearing to be held on the condomIniul;l
conversion project not less than ten (10) days prior to the- date of eacli
public hearing .
(c) . Notice of Final Disposition . Each tenant houbehot d shall
be given wn..t.t.ten notice of final disposition oo the Planning Commission
regarding the condominium conversion within ten (10) days after the
public. hearing. Said notice shall include all conditions of approval .
for the project . , The cost of sending said notice shall be paid by
the applicant .
(d) Notice of Public Report . As provided in Government Code
Section 66427 . 1 (a) each tenant shall receive 10 days written notice
by the owner that an application for a public report will be or .has '
been submitted to the. Department of Real Estate , and that such report
will be available on request . The City of Huntington Beach Department
of Development Services shall receive notice of same . .
(e) Notice of Final Map -Approval . As provided in Government
Code Section 66 2 . l ,b each tenant shall receive written notice
by the owner within ten (10) days of approval of the final map for
the proposed conversion . The City of Huntington Beach Department of
Development Services shall receive notice of same .
\V S . � - ( �
(f) As provided in Government Code Section 66427 . 1 (d) any
tenant occupying a unit on the date that the condominium conversion
is approved by the City shall be given notice of an exclusive right
to construct for the purchase of thei. L unit on any o.then ava.i eabte
unit within the de.vetopmen.,t upon the same terms and conditions that
such unit will be .initially offered to the general public or terms
more favorable to the tenant . The right shall run for a period of
not less than ninety (90) days from the date of issuance of the
subdivision public report unless the tenant gives prior written
notice of his or her intension not. to exercise the right . Evidence
of receipt of the notice by each tenant shall be submitted by the .
applicant to the Huntington Beach Department of Development Services
prior to approval of the final map .
(g) Vacation of Units . Each tenant residing in the development
at the time of approval of the condominium conversion by the City
who is not in default under the obligations of his/her rental
agreement or lease shall be given one hundred eighty .(180) days
written notice of intention to convert his/her unit prior to
termination of tenancy pursuant to Section 66427 . 1 (c) of the
Government Code . Each tenant shall have a right of occupancy of
at least 120 days from the issuance of the Final Subdivision Public
Report prior to termination of .tenancy due to conversion.
(h) :icrease in Rents . from the date of approval of the '
Coll domi111u project by the city until the date of issuance of the
Final Subdivision Public Report , no tenants ' rent: shall be incheased
( 1 ) more fr.;duently than once every six months and (2 ) at a rate
greater than So , (jot a .to,taC of 10% pen yeah.. This Section shall
not apply i:f rent increases are provided for in leases of contracts
in existence prior to approval of the condominium project .
(i ) R�e.Cocatioyi A,s��,Stance. The owner shall provide actuat .
moving 'expenses of ones one-half (1-1/2) times the monthly rent to
tenants residing in the project at the time of approval by the City .
Moving expenses AaU be paid within 6.4-'ve ( 5 ) days o6 the .tenant
vacating the unfit.
(j ) Notice of New Tenants . After approval of the condominium
conversion the city . any prospective tenants shall be notified in
writing of the pending conversion prior to leasing or renting of any
unit and shall not be subject to the provisions of the subsections
(f) through (j ) above .
9306 . 70. DEVELOPMENT STANDARDS . All proposed condominium
conversion developments shall conform with the development
standards contained in Article .931 or 936 unless the section is
superseded by this article .
�? 6 . ��
9306 . 10 . 1 . SITE COVERAGE- . Maximum site coverage for all
buildings proposed for the site on which the development 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 5Oo
EXCEPTION : Projects providing open space in excess of the
amount required in Section 9306 . 8 . 5 will be allowed an
increase in site coverage equaling one (1) square foot of
additional site coverage for each one. (1) square foot of
excess open space not to . exceed 75% site coverage for the
site .
9306 . 10 . 2 . SETBACK FROM PUBLIC STREETS. The setback from a •
public street shall average twenty (20) feet for any structure
exceeding forty-two (42 ) inches in height . In no case shall the
minimum setback be less than fifteen (15) feet .
S306 . 10 . 3 .. BUILDING SEPARATION AND SETBACK
(a) Between one story. bui1 din gs , 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 (1 ) story .
(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 (1 ) story .
(c) Between buildings side to front or side to . rear , fifteen
(15) feet .
(d) Between one (1) or two (2) story buildings side to side ,
.fifteen (15) feet . Between three (3) 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 .
Distance between detached accessory buildings shall not be
less than fifteen (15) feet .
Distance between ground floor area of buildings used for
human habitation and detached accessory buildings shall not be
less than ten (10) feet .
Distance between uncovered and unenclosed parking spaces and
any ground floor area of a building used for human habitation ,
shall not be less than fifteen (15) feet . 'bY
® 7 .
Distance between vehicular access ways and that portion of a
building used for human habitation shall be not less than fifteen
(15) feet .
9306 . 10. 4 . BUILDING BULK. All structures proposed to be
constructed within a condominium conversion development shall
conform to the following requirements :
(a) Building lengths shall not exceed 180 feet .
(b) Building exteriors shall be provided with offsets in
the building line to provide variation.
9306 . 10 . 5 . OPEN SPACE (COM ON) . A minimum of 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 exceed
fifty (.50) percent of the total amount of common open space
required.
9306 . 10. 6 . OPEN SPACE (PRIVATE) . Each ground floor unit in
which all rooms used for human habitation are constructed at
ground level shall be provided with a ground level patio containing
a minimum of 200 square feet . Said patio shall be located adjacent
to the unit it is intended to serve .
Units constructed above ground level in which all rooms a§ed
for human habitation are constructed above ground level shall be
provided with balconies or sundecks with a minimum of 60 square
feet .
9306 . 10 . 7 . 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 presently exist , or may ,hereafter be
amended. An acoustical analysis shall be filed concurrently with
the Conditional Use Permit and Tentative Tract applications for
the condominium conversion.
9306 . 10 . 8 . LOCKS . All units shall have dead bolt locks on
all exterior doors .
9306 . 70. 9 . SOLAR WATER HEATING . All condominium conversion
developments containing a common water heating system shall be
converted to a solar water }ieating system unless it can be shown
that such conversion is not reasonably feasible .
9306 . 10 . 10 . FIRE PROTECTION. Individuaf. u►iit5 wli.thia .the
condominium eonvens,i.on pn.o j eet .Aha.et be sepata,te.d with one houA
S4.ne wa.e.es Strom S.eoon .to ceiling .
`�• 8 . d,
i
+� 9306 . 11 . AFFORDABILITY. The applicant seeking conversion
shall file along with Condit.i.onal. Ilse Permit and Tentative Tract
applications a report depicting the method which w-ill 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 'Tentative Tract-
applications .
9306 . 12 . EFFECT OF PROPOSED CONVERSION ON CITY' S HOUSING
SUPPLY. In reviewing requests for conversion , the Planning
Commission shall consider the following:
(a) Whether the amount and impact of the displacement of
tenants , i_k:7 the conversion is approved, would be detrimental to
the health, safety , or general welfare of the community .
(b) The role that the apartment structure plays in the
existing market : Particular emphasis will be placed on the
evaluation of rental structures to determine if the existing
apartment complex 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 .
9306 . 13 . PLANNING COMMISSION TO CONSIDER ADDITIONAL FACTORS .
Together with those matters set out in the foregoing section , the
Planning Commission shall consider the following :
(a) The number of fami..li-es on current waiting lists for
assisted rental housing programs that operate in this cite• , and
the most recent housing assistance plan of the city and any
successor programs .
(b) The probable income range of tenants in existing apartments
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 potential displaced
tenants can be classified as low and moderate income .
, (c) The need and demand and community benefits which are
derived from the provision of low-cost home ownership opportunities
which opportunities are increased by the conversion of apartments .
(d) If the Planning Commission determines that vacancies in
the p-roject have been increased for the purpose of preparing for
conversion, the conversion shall be disapproved . In assessing
the current vacancy level under this subsection , the increase in
recital rates over the preceding five (5) years and the average
;monthly vacancy rate for the project over the preceding two (2)
years shall be considered.
9306 . 14 . FINDINGS . The Planning Commission shal.l not
approve an application for a project unless the Planning Commission
finds that : oc•�
�`�
1
(a) The project will not be detrimental to -the health ,
safety , and general welfare of the community.
(b) The proposed conversion 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 conversion will conform to this code and
applicable 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
construction .
(e) The proposed project will not displace a significant
percentage of low and moderate income or senior citizen tenants , •
tenants with children, and 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) That the applicant has not engaged- in coercive retalia-
tory action regarding the tenants after the submittal of the first
application for city review through the date of approval .
9306 . 15 . 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 tke Planning Commission shall be final subject
only to rights of appeal to or review by the City Council as
provided elsewhere in this code .
9306 .. 16 : 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
ordinances and state regulations in effect at the time a
tentative map was approved; and
(b) The applicant has complied with the conditions of approval .
SECTION 3. This ordinance shall take effect thirty days '
after adoption.
b
10 .
PASSED AND ADOPTED by the City Council .of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1984 .
Mayor
ATTEST : APPROVED AS .TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Development Services
t,b
I1 .
Ohuntingtonr
beach develo ant services de artment
P P
-AF
RE ®RT
TO : Planning Commission
FROM: Development .Serv-ices
DATE:. February 22 , 1984
SUBJECT : DRAIIC CONDOMINIUM CONVERSION ORDINANCE
(CODE AMENDMENT NO . 83-16) ,
Atiached for the Planning Commission' s review is a cony of the draft
C.,r,.dominium .�'-)nversion Ordinance with the changes that have been made to
th3.s date indicated in italics . At the February 7 , 1.984 study session , f
the Commission completed review of the ordinance through Section 9506 . 7 .
ATTACHMENTS : ? �
1 .y Revised 11--)r:dom.inium Conversion Ordinance
2 . Comparisc:.r; of development standards i
i;
.IW JRB : sr
i
i
i
Af r� -
..Y A J M-.s,B
untington beach developmF- services department
STAFF
RE " OR"I
TO : Planninv' o min i s s i o ri
FRO!"": Development Services
DATI: February 7 , 1984
SUBJECT : 'DRAFT .')NDOMINlU%-1 CONVERSION, ORDINANCE (CA 83- 16)
)!ijuary 17, 1 '1814 , the 111anjiiilg Commission continued the st iidy session
the proposed raft Condominium Conversion Ordinance prepared by staff
, meetAttachedAttached for the Commission ' s revi.ew is
to tll � February "i 1984
the i)ecember 13 , 1983 staff report presenting a brief history of the
C ty ' s . efforts t-owards the development of a condominium conversion ordl -
Mlllc�, , the spec I.P, I report recommending standards and procedures prepared
I-lie Condominium .-Ioriversion Committee in 1-981 and the January 17 staff
which presents a comparative analysis of the preseritly proposed
ordi.ir-iilce and o, 198.1 ordinance . Also attached is tl:c table compari.ri(,
th
cojidoiniil '; um and apartm.eiit standards with the p�.opose,d standards
in ho 'Lli the draft ordinance presently under cons i do rat ioil and the 1981
(11 1*:--,n c e
Col;,.(;t: ,;Sion on January 17 qe�z�
1 reut(-.,d staff- to 1, 1-jjl �,, 1:)aclk
"i il'I t�ln;i o total number of rent'11 units
r i c d 1)e [o,, t I i e da tj compiled t I i e Dc I o p i i i c il t, S c r 0 ;-.e st a f of, and reiital units the
ty . Thi,: :ALa was derived from t.lie 1979 Census .
TOTAL (61 , 744 )
le - Faii�-ill.y Re:� Je tial Units `6 1.n g J�T1 t s 32 990 5 3
111 Fam ' ly- Renta.1s ro X.e 1 1 , 649
ondc, ii-1 ujn Unit:- 10 ) 867 (1 8 00)
J11(10111j.11 i Uj n F,e n t, I approx. 543
art ;-,:nts 17 , 8 8 7 (290)
ua 1,\, 17 , JM staff report
2 . 11 o 1)o s ed o r oHance
1981 ordiiiant:-e
December 13, 1 ',' 83 st ,-ff report.
r L, Soil oi, Mia.j oi- PRD Apartment and Condominium Conversion
P,,-,-.-el o 1)m e ii t t n d a r d s
-: ,J IZ13 s r
A-F-M-238
u -
11. Section 9306 .10, Effect of Pro osed Conversion on the City' s
Housing Supply. The language in this section is the same in
both ordinances.
12. Section 9306 . 11, Planning Commission To Consider Additional
Factors . The language in this section is the same in both
ordinances .
13. Section 9306 . 12, Findings . The language in this section is the
same in both ordinances.
14- Section 9306. 13, Action by Planning Commission. The language in
this section is the same in both ordinances.
15. Section 9306 . 14'. Prerequisit_e.s To Approval of a Final Map. The
language in this section is substantially the same in both
ordinances.
ATTACHMENTS :
1 . Proposed Ordinance
2 . 1981 Ordinance
3 . December 13, 1983 Staff Report
4 . Condominium Conversion Ordinance Committee Special Report
5 . Letter from the Board of Realtors dated December 12, 1983
6. Comparison of Major PRD, Apartment and Condominium Conversion ,
. „ . Deveiopment Standards
JRB : jlm
c219a
�G -3- 1=17-84 - P.C. ��
5 . Section 9300.4, Limitations on Projects . The language in this
section is the same in both ordinances, however, the 1981,
ordinance had a provision requiring no project shall be
permitted which consists of less than 5 units . This provision
is not included in the new ordinance.
6.. Section 9300. 5, Development Plan Required. The language in this
section is the same in both ordinances .
1 . Section 9300 .6, Special Code Compliance Inspection Report. The
language of this section is generally the same in both
ordinances, however, the 1981 ordinance required that the
Department of Development Services prepare the report and that
it be submitted subsequent to Planning Commission approval . The
proposed new ordinance requires that the report be submitted
concurrently with applications for entitlement so that this
information is available to the Planning Commission prior to
their decision on the project.
8. Section 9306 .7 , Tenant Assistance. The new ordinance lists all
of the provisions relating to tenant assistance required by the
Government Code , plus additional provisions developed by staff
relating to public notice and moving expenses. The 1981
ordinance generally did not address the issue of moving expenses .
9. Sectivri 9306 .8, Development Standards . Staff has attached a
table which compares the following :
a. Current condominium development standards (Article 936) .
b. Current apartment development standards (Article 932 ) .
C . Development standards proposed within the new condominium
conversion ordinance and
d. Development standards proposed in the 1981 Condominium
Conversion Ordinance.
A number of the development standards proposed in the 1981
Condominium Conversion Ordinance are not the same as those
proposed in the new ordinance (e.g. , density, site coverage,
building separations, building bulk, open space, main recreation
area, minimum floor area, private accessway widths and
parking) . Staff has also .suggested some additional development
standards in the new ordinance (e.g. , locks and solar water
heating) .
10. Section 9306.9, Affordability. The 1981 Condominium Conversion
Ordinance prescribed alternative methods of insuring that
affordable units are provided in condominium conversion
projects . The proposed new ordinance would. require the
applicant to propose a method of assuring affordability. The
Planning Commission would have the discretion .of accepting or
modifying the applicant' s proposal. 70
�,
9 '
-2- 1-17-84 - P.C.
huntington beach develops. A services department
Aff
REDORT
TO: Planning Commission
FROM: Development Services
DATE: January 17, 1984
'SUBJECT: DRAFT CONDOMINIUM CONVERSION ORDINANCE (CA 83-16)
On December 13 , 1983, the Planning Commission directed staff to
schedule a study session to review a draft condominium conversion
ordinance. The attached staff report dated December 13, 1983 , presents
a brief history of the City' s efforts toward the development of a
condominium conversion ordinance. Also attached is the special report
recommending standards and procedures prepared by the Condominium
Conversion Committee in 1981 .
•Tire Planning Commission, on December-13, requested staff to prepare a
.comparative analysis of the condominium conversion ordinance presently
under consideration vs . the condominium conversion ordinance
recommended by the Committee in 1981 . The following is a brief
comparative analysis of. the two ordinances .
1 . Section 9300, Application of Article . The language in this
section. is .the same in both ,the ordinance presently under
consi:::eration and the ordinance prepared in 1981 .
2. Section 9300. 1, Definitions . The present ordinance has a
definition for date of approval, while the 1981 ordinance does
not. This definition is necessary to properly implement some of
the te .ant assistant provisions presented in Section 9306 . 7 of
the new ordinance. Definitions o.f "as is unit" , " low income
household" , "moderate income household" , "middle income
household" , "eligible buyer. . . " , and "conversion permit" , which
were in the 1981 ordinance are not presented in the new `
ordinance. They have been eliminated because of the proposed
change in affordability provisions presented in Section 9306.9
of the new ordinance and the feeling by staff that a conversion
permit is not necessary in addition to the other entitlements
required for condominium conversions.
7 . Section 9300. 2, Permit Required. The language is substantially
the same in both the ordinance presently under consideration and
the 1981 ordinance.
4 . Section 9300.3, Fees Required. The language in this section is
the same in both the ordinance presently under consideration and
the 1981 ordinance.
Adak
A-FM-238
1
' � � ,\CA
Jim Barnes gave a brief staff presentation- of the proposed ordinance,
outlining the C.ity' s progress toward its development . He distributed
copies of a letter he received from the Board of Realtors with their 4�
comments . Chairman Porter thought this would be an appropriate subject
for a study session; Commissioner concensus agreed. The Chairman was
interested in receiving any public comments at this time, so the public
hearing was opened.
Norbert Dal]. stated that. he had ,a written statement which was enroute,
s . he would not elaborate on his comments this evening. He agreed with
a study session to speak to this item.
Richard Harlow, a member of the Housing Committee, stated that a
'cc-,mmittee report went out and a lot of information was contained in
that .report .
Judy Severy, Board of Realtors, said she did not wish to reiterate the
comments contained in the letter which was distributed to the
Commission this evening. The public testimony period was closed.
Commissioner Erskine stated that he was not around when the condominium
conversion ordinance was first before the Commission and would like
acre of ,a history in reports from staff . Commissioner Schumacher noted
t.,at during earlier discussion on condominium conversion, there was
t.. I-k .of this action being inflationary. She would like to see some
o' .:er communities concerns stated in the report . Commissioner Erskine
sl�ggested contact the City .of. Orange to see what their experience has
r•r:e n.
�iN MO`L-'ION BY :--lVENGOOD AND SECOND BY HIGGINS A STUDY SESSION TO DISCUSS
CODE AMENDMEN'T NO. -83-16 , CONDOMINIUM CONVERSION ORDINANCE, WAS
SCHEDULED FOR 5 : 30 P .M. IMMEDIATELY PRECEDING THE SECOND REGULAR
MEETING IN JANUARY, BY THE FOLLOWING VOTE:
AYES : Higgins , Winchell, Livengood, Porter , Erskine, Schumacher ,
Mirjahangir
NGES : None
ABSENT: None
ABSTAIN: None
Commissioner Livengood suggested that a meal be served to the
Commissioners.
Pay and Play Racquetball Signing
Commissioner Schumacher, who requested the report, said that what she
wanted to discuss was the fact that the City does not have any rules or
ordinances governing this type of facility. She suggested that
guidelines need to be addressed in this and other areas where the City
enters into agreements and contracts on public property. Secretary
Palin commented that in this particular instance, no permit was ever
issued for the :aeon sign. He suggested that the Planning Commission
I -6- 12-13-83 - P.C.
lee ' 1
y
�� D
..� i..'-ommissioners Schumacher , Porter and Livengood formed a committee to
deal with this problem in the community.
UL MOTION BY �aVENGOOD AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO.
83-32 WAS TABLED WITH DIRECTION TO STAFF TO WORK WITH THE APPLICANT TO
FIND A SUITABL•:S LOCATION FOR THE DAP-'ICE CLUB, BY THE FOLLOWING VOTE:
A`.'ES : Higgins , Winchell , Livengood, Porter, Erskine, Schumacher,
Mi.rjahangir
Lt JES : gone
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT NO. 83-31/TENTATIVE TRACT NO. 12089/NEGATIVE
ECLARATION NO. 83-47
Applicant : Mola Development Corporation
A request to construct a 111-unit condominium development on property
:.seated north of Warner Avenue between Lynn and Sims Streets . The
applicant .s.u':..,:r:itted a request for continuance to the meeting of
January .4, .J1 IJE4 . Mike Adams stated 'Chat .the present zoning would allow
zi total unit count of 81 .
..airman Porter was concerned about the proximity of the proposed
develop.iient t:._7 existing oil tanks . Mike Adains stated that, in the
0411 "-',,--)posed o
P
: sed r - .. .t , structures would be set further back thzin in the
.f _
> .1.-evic k.11sly a :••proved p.-oject . Commissioner Winchell - asked �:or ,-)me
statistics t:hat would, show how many people would be 11. ing there and
how many cars neigh-'- '.-)(--- . added to the Streets . Mr .. Adaris .stated that
this was discussed in the subdivisi,.:-n-.committee meeting, and staff
would be gett:.rig those figures to them, with a chart comparing this
p.roposal to the previously approved project .' Commissioner Livengood
as ::ed to what . extent the City can go to guarantee affordability with
this. project., in- light of density bonuses . Chairman Porter asked for
some analysis ( from the City Attorney' s Office ) or how development
aar.eements could be implemented. The public hearing was opened and
closed.
ON MOTION BY L.IVENGOOD AND SECOND BY MIRJAHANGIR NEGATIVE DECLARATION
NO. 83-47 , CONDITIONAL USE PERMIT NO. 83-31 AND TENTATIVE TRACT NO.
12089 WERE CONTINUED TO THE JANUARY 4, 1984 MEETING, AT THE REQUEST OF
THE APPLICANT, BY THE FOLLOWING VOTE:
AYES : Higgins , Winchell, Livengood, Porter , Erskine , Schumacher ,
M.i r jaharig i r
NOES : None
ABSENT: None
ABSTAIN: None
A recess was called by the Chairman. Commission resumed at 9: 15 PM.
DISCUSSION ITEMS :
Condominium Conversion Ordinance (Code Amendment No. 83-16)
G, -5- 12-13-83 - P.C. ^ ���1
}
Y
t
office, the committee and the Department of Development Services staff
met and incorporated many of these changes . The revised ordinance was
presented to the. Planning Commission and City Council and referred back
to the staff for additional revisions .
On February l. , 1983, the Planning Commission approved the conversion of
a 16 unit apartment complex to condominiums located on Hess Circle ..
On March 15, 1983, the Planning Commission conditionally approved
conversion of a 286 unit apartment complex to 245 condominium units on
property located at the northwest corner of Warner Avenue and Edwards
Street . The Planning Commission ' s action was appealed to the City
Council and ultimately denied.
On April 18, 1983 , the Development Services Department was directed by
the City Council to resume efforts towards the preparation of
condominium conversion ordinance. Attached are the Planning
Commission ' s review and comment is the condominium conversion ordinance
being proposed by the Department of Development Services .
The adoption of a condominium conversion ordinance will provide new
, . criteria requirements and .development standards for proposed projects .
Without a separate condominium conversion ordinance a proposed project,
must comply °,,iith the planned residential development ordinances
( Articles 931 and 936 ) . The existing articles effectively preclude 1110
conversion or rental. to ownership units because of the stringent
development standards. contained within them.
ATTACHMENTS :
1 . Draft Ordinance
z -
JRB: jlm S�.�j
huntington beach developmit:nt services department
AF
E WR
y
TO: Planning Commission
FROM: Development Services
DATE : December 13, 1983
SUBJECT: DRAFT CONDOMINIUM CONVERSION ORDINANCE
In 1975, the Department of Development Services developed an initial
draft condominium ordinance . . The ordinance proposed. was not approved
or adopted. In May of '1979 the City received the first application for
a condominium conversion project. The project was ultimately denied by
the Planning Commission and the subsequent appeal was also denied_ by
the City Council .
In March, 1980, the City Council directed the Department. of Development
Services to develop a condominium conversion ordinance and
simultaneously adopted an interim ordinance which placed a four- month
moratorium on the conversion of existing multiple dwelling r.eritals .
� f
fIn June , 1980, staff prepared a special report on condominium
conversions . The report listed information on the social end economics i
_ E,sues involved in conversion projects , provided a . tramework for
considering -1-l0 iCy choices which could be incorporated into a City
ordinance . r. -so in June, the City Council «ppointed a. .c,on,lominium
! conversion c _._.inance committee. The committee was establ. zshed to
review the issues involved with condominium conversion projects and to
,
make recommendations to the Council for development and implementation
of a condominium conversion ordinance. The committee met approximately
twice monthly and rev, ewed- ordinances and toured various projects
throughout Orange County . In addition, the committf}e kept. abreast of
1 carrent conversion legislation and projects throughout the state and
county.
In February, 1981 , the condominium conversion ordinance committee
developed a final report of recommended standards and procedures for a
city condominium conversion ordinance. The City Council received the
report and directed staff to forward copies to the Planning Commission
for information and scheduling of a joint study session . The joint
City Council/Planni.ng Commission study session was ,held April 13 ,
1981 . Additional comments and recommendations were made at the joint ,
study session and were transmitted with the documents to the City
Attorney ' s office . The City Attorney ' s office drafted a condominium
conversion ordinance from the compilation of .comments and
j recommendations . The condominium conversion committee reviewed the
ordinance and suggested changes . Representatives of the attorney ' s
1
` A-FM-23 r^�
V' � (A'
office, the committee and the Department of Development Services staff _
met and incorporated many of these changes . The revised ordinance was
presented to the Planning Commission and City Council and referred back
to the staff for additional revisions .
On February 1 , 1983, the Planning Commission approved the conversion of
a 16 unit apartment complex to condominiums Located on Hess Circle .
On March 15, 1983 , the Planning Commission conditionally approved
conversion of a 286 unit apartment complex to 245 condominium units on
property .located at the northwest corner of Warner Avenue and Edwards
Street . The Planning Commission ' s action was appealed to the City
Council and ultimately denied.
On April 18, 1983, the Development Services Department was directed by
the City Council to resume efforts towards the preparation of
condominium conversion ordinance . Attached are the Planning
'Commission ' s review and comment is the condominium conversion ordinance
being proposed by the Department of Development Services .
The adoption of a condominium conversion ordinance will provide new
-r. iteria requirements and development standards .for proposed project!' .
Without a sep•iirate condominium conversion ordinance a proposed project
r,.,ust comply with the planned residential development ordinances
• i
%Articles 931. and 936 ) . The existing articles *effectively preclude F ,,,,
conversion ot rental to ownership i-inits because of the . s.t.ri.ngent
development standards contained within them.
ATTACHMENTS ;
Draft Ordinance
1-
JRB: jlm
�� '0
Wee n
PuoWcc. 1f Pit ri vic CW4 via rue
Code Ameod?'1'ient 93 /G cw&u ���E1�°�/4�✓
,xP RISC:: OF FAAJOR PRD, AP.ARTxF,`iT, AND CONDOMIr,-_7UI.i C!Di_.- SiG:: D_._ OPMENi STANDARDS
-,RTICLE 936 !PL'+\.`;ED ^nESID=` 1L-i1F1'- nTICLt 932 !AP'•.RT+.^c.` D- - � ?T:..=.r 93 !-: ._ .:...•..-- ?F�SF.NT; TCLE
! -.. - •L.it,. .`cir.,_ _ ,m� c�ce` i -._ - .�.5. .�=.,. -"s acrh -..— - -..-n-------- ---___ __. —_----'_'-',ol:e —.._--_--- -- - - -.._ _ .._
. . . . �' R3 -._ un-ts,'50 bdrms/per gross acre` _y..39 ..nits per _ ss acre ------
i .rL
R4 - 35 •-_,zcs-53 'cdrms!cer gross acre- Rq - 34,85 �nits per y:oss
f I `Gross aureate adjusted to include not Wore -
II than 12 cercent street area .,itnin an
abu't.ny- -reef r•:ht-cf- ay
_n_ts , __ :acre - Rerc_n_ ;7 _ __-_ct pzr net acre (I Sa _ - P?D ._r.- --=r. a_ Sainte as :.oart ent
_ I Me as exc=- =e icc cne
i _.,JFc:•. ,._ II :c.__- �-__ - -t,re - 50 _ --=e:... I� sq. :r• - a_c:=c--a_'se for a_-.. !
I; _= c- racz .
i ! - one (I) sq. __. a_ ace ..ct
tc
! I exceed _ rcen=
be d
.:__=:•.0 r: _.Cdd j _ �' 2C foot average i. no case less _^,ar Sar.,e as ?.nar_men_ me as Apartment �
ai l5 _ _:eti-zc cr. - percent u
-_. :, C S-. - .. _- ':5 feet
Avera== :_. 3e.!;a7:', _`
.. __..dec fJr th 'I
I� total .,�:1��^g ._ctace.
r `
' .^Jt tCr �=dC^ 2-1/2 feet ;OZ ?-r _ D
Same as ev ;arages and carports may be I Same as. F.D I
�hLct. bc�"in. excec•c� 25 :eet .n.n :)�.::'.,ang ,: a� 1� Sane as PRD :,graces a^.d - rtJr-s
_ constructed zero property line subject to i may be constructed'at zero
--- abuts propert-, zone-;.'develcped r-,naic-=amL1Y approval by �hz 5oard or �or.ing 3u=_t�:.znts. ;i _
line subject to approval by _net
-=:Y =.LS: I' res:dent_,al. .-,a ra�es;'car)orts may z•
:on-
SC:LDI::,SS 30 I Planning Commission.
: _ _ _
C3 G`ivE:. I ditions i- S. -302.4 are __. � 'I
lI I
10 ',;here^ build.ling abuts ornzer,y .:0ned Same as PRD I� Same as PRD I Sane as PRD
::AChi deve:o_c- s_-.g _-fam:'_Y residential I I
It:ERIOR PROP I a) 100 fee- if there i=_ ❑ot landscax bui.`er
ERT: LINES: i
I S: or parking strjctures. !
3UILDI:;GS b) 85 '__. wnere there is a landscape buffer
O'."ER 30 FEET or car ki nc structure along zero prnp..rtp
Id k
I
�J
J
COMPARISON OF AG OR ORD, APARTMENT, AND CONDOMINIUM CONVERSION DEVELOPMENT STANDARDS
A�7 ARTICLE 936 (PLANNED RESICENTIAL SrVj ARTICLE 932 tAPARTMEnT STAODAROS) ARTICLE 930= PRE5-02T) ART 93C)(CC,;CWD.CO,'.V.STD5.27. CSE:D-1981)
3round Floor nits �]roUn.4 �jsor Unj*
Sachelor/single/on�- cedrocm - 200 2, Non�)0 sq. f'l. :jEr —It
Dc bebrc=s - 00 so ft.�ni:
per LMIt
Above ground floor units 60
Three be�irzGms - 30C sq. NONE
Four beirocms - 400 m. ft."nit
-Above -�rouna Fitor �:nits
Bachelor,singLe/one nedroom - �3 sq. ft..-'inir
-.",c :our bedroc.-,3 12- sq.
�rGes-s more --han 4 iq. ft.
Prc-'e�-s 4 az::es �r loss:
0-15 =:tnacre n5 �. f" nor unit Nos
I a-me as PR% Ii Vow e
-!-.n.) Fachelor) Single 400 sq. it .
�!azni and sin 3 c f 7.. f Same as PRE,
')ne z�drocr - .5c 3:- --::. One bedroom 650 sq, 0 .
:'wo Decroom - 900 s".. --,:. •!-!-n. sane as P7;2 T-,.o bedroom 900 sq. — .
n; AREA Three bedro= L !NO so ft. Min,) Three bedroom - 1100 Fq. ft .
'o��r ..ecrobm - 130o as. ft. ,Min.; II Four bedroom - 1300 sq. f
-?r--vate aczess-wa-- �,c !-' -cx.-,l Lene -Frivate ac=wn c:Hh X=101 Parking an =0 Same is pp'D
-4 L- travel lanes for a distance of 1"' at sides - 40' min. width I Same as Apartment
R i'i A F '' li - ot• a t� -Accessway it.h parkinz3 other than zarailel
discretion of 21annin-7 Zommission
ACCESSNA-. only on one side - 33' man. width
I D T —zz..ys 300' -:in. -Accesswa,,- with par.--._nq other than parallel
of 3--' on both sides 23'. nin. width
60J' turn-,n, rad:)�t; -Accessway 15-j' min. tl-,rninq radius 2e'
-K�eg—ws fln- inn
-ne hedroczn or less - 1-40 sp/wat - VZ Wes RjjeWQsi-nqle/one bedroom - 1sp/�-,t Same as PW
quest' 11 Same as Apartment
PARXING T'wo bcr—= or more - Z sp/-�nit - ,12 . I
T'wo bedroom - 1-1/2 sp/=it - 1/2 guesz*
percent credit for open parking spaces :or i -
Th-ree- bedroom - 2 sp/tinit 1/2 guest*
drive-way aprons a minimum of 20 Feet.
*Cne space must be covered *Cne space must be covered