HomeMy WebLinkAboutORD-20-92 Amend Code Pertaining to Condominium Projects & Minimum Unit Sizes for DevelopmentsORDINANCE NO. 20-
92 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING MUNICIPAL
CODE SECTIONS PERTAINING TO CONDOMINIUM
PROJECTS AND ESTABLISHING A MINIMUM NUMBER OF
UNITS FOR CONDOMINIUM DEVELOPMENTS AND
CONVERSIONS.CITY OF
ORANGE WHEREAS, the Planning Commission has recommended after
a duly advertised public hearing on June 1, 1992, that the
City Council adopt an Ordinance Amendment to establish that a
minimum number of five (5) units are required for condominium
projects,either by conversion to or initial development of
condominiums;
and WHEREAS, this project is categorically exempt from
the provisions of the California Environmental Quality Act (CEQA)
per CEQA Guidelines Section 15305;
and WHEREAS, the City Council did hold one duly
advertised hearing on July 21, 1992, for the purpose of considering
an amendment to the Zoning Ordinance to amend Municipal
Code Sections pertaining to condominium projects;
and WHEREAS, the City Council has found that the public
interest is best served by requiring a minimum of five (5) units for
any new or converted condominium project because of the
following
factors:1. five units is a reasonable minimum number for
a homeowner's association to function efficiently and provide
an adequate financial base for proper management and maintenance
of common areas and
structures.2. a five unit requirement is consistent with state
law determining when department or real estate disclosure
and superv1s1on must apply, which in turn will minimize the
potential for the City to be called upon to mediate disputes between
buyers and
subdividers.3. a five unit requirement is consistent with state
law determining when a tract map is required for subdivision of
lands and the interest of the pUblic is best served if all
condominium proposals are subject to the higher level of public
hearing review required for tract maps rather than parcel
maps.NOW, THEREFORE, the City Council of the City ofOrangeordainsas
follows:section
I:Section 17.66.040 of the Orange Municipal Code is amended
to replace SUbsection A with the
17.66.040 Conditional Use Permit A planned unit
development or condominium may be established in any residential
zone subject to the approval of a conditional use permit as
provided for in section 17.92.020 through 17.92.140.
A. Condominiums. A minimum of five (5) units is required
for the development of a condominium project. The application
for a conditional use permit must be accompanied with an
application for a tentative tract map as provided for in Title 16
of the Orange Municipal Code."
Subsection B of said section 17.66.040 shall remain as
currently provided.
section II:
A new section 17.84.015 is hereby added to the Orange
Municipal Code to read as follows:
17.84.015
five (5) units
multiple family
Minimum Number of Units Reauired.
is required for the conversion of
housing to condominiums.
A minimum of
existing
SECTION III:
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted
in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be
adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage in
the Orange City News, a newspaper of general circulation,
published, and circulated in the City of Orange. The city Clerk
shall post in the Office of the City Clerk a certified copy of
the full text of such adopted Ordinance along with the names of
those City Council members voting for and against the Ordinance
in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its
final passage.
Adopted this 11 th day of August ,1992.
hr.n.e
ATTEST:
h ,~A,~ I:~J 1 0
City Clerk! f ~e
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c' :t:y 'of ora'nge
Ord No. 20-92 2-RDH:
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on
the 28th day of July , 1992, and thereafter at the
regular meeting of said City Council duly held on the ~ day
of August , 1992, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SPURGEON
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ,
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
1l'1
City Clerk
RDH:dg 3-ORD No. 20-