HomeMy WebLinkAboutORD-38-80 ORDAINING REVISION OF THE CONDOMINIUM CONVERSION PROJECTS ORDINANCEO:~"'NGE CITY NEWS:Please publish WEDNESDAY, JUNE 4, 1980 only and send PROOF and
PROOF OF PUBLICATION TO City Clerk, P. O. Box 449, Orange, CA 92666
MARILYN J. JENSEN. CITY CLERK
ORDINANCE NO. 38-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ORDAINING REVISION OF
THE CONDOMINIUM CONVERSION PROJECTS
ORDINANCE AND AMENDING CHAPTERS 17. 04 AND 17. 83
OF THE ORANGE MUNICIPAL
CODE.WHEREAS, in the City of Orange, the conversion of
multiple dwellings and apartment buildings to condominiums
recently accelerated;
and WHEREAS, the City Council became concerned and
adopted a series of urgency measures for imposing a moratorium
on oondominium conversions until the City Staff,
Planning C~ission and the City Council had an opportunity to
examine the adequacy of present City policies, practices,
standards and local laws regarding said condominiums;
and WHEREAS, this review has now been completed and
appropriate ordinances prepared;
and WHEREAS, on May 20, 1980, a public hearing was duly
held before the City Council on the matter of condominium
conversions and the hereinafter proposed revisions of the orange
Municipal e presented
and WHEREAS, the City Council has determined that the
herein-after described revisions to the Orange Municipal Code
are needed to more adequately clarify for applicants the City'
s requirements and standards for condominium conversions and
to establish reasonable notice and certain other
protections for renters of properties for which conversion is
proposed.NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN
AS
FOLLOWS:SECTION
I:Chapter 17.04 of the orange Municipal Code shall be
amended by adding the following ~efini
tions:17.04.192 Community Apartment
Projects A community apartment project is one in which each
resident owns an undivided interest in the land coupled with the
right of exclusive occupancy of an apartment located in the projfll<
lt.17,04.195
Condominium A condominium is an estate in real prOperty consisting
of an undivided interest in common in a portion of a parcel of
real property together with asepa!:'ate interest in space in
a residential or commercial building on suoh real property as
an apartment, office or store. A condorninium may include
in addition a separate interest of such real
I
I
I:
I
I
i
I
I
I
r
IIj
I
I
I
I
I
17.04.196 Conversion
A conversion is when property undergoes a chb i
t t f t ~
nge n owner-
ShlP s. a, us rom a ren al o~ lease form of occupancy to a
condom~n~um, stock cooperat~ve or community apartment project.
17.04.405 Project
A project includes the entire parcel of real propert
including all structures thereon all or part of which un~~r oes,
or is proIX?sed to undergo construction, demolition or h
g
in ownersh~p status.
a c ange
17.04.437 stock Cooperatives
A stock cooperative is a,corporation that holds title
to unproved real property, e~ ther in fee simple or for a term
o~ years. All?r substantial~y all of the shareholders have a
nght, of exclus~ve occupancy ~n a portion of the property, and
the r1ght of occupancy is transferable only concurrently with
the transfer of the corporate stock.
SECTION II:
Chapter 17.83 of the orange Municipal Code shall be
amended by deleting all existing sections from said chapter
nd adding sections in place thereof for said chapter to read
ln its entirety as follows:
SECTIONS:
17.83.010
17.83.020
17.83.030
17.83.040
17.83.050
17.83.060
Purpose and Intent
Application Requirements
Final Map Requirements
Tenant Provisions
Physical Standards
Determination Procedure
SECTION 17.83.010 PURPOSE AND INTENT
a)
b)
c)
d)
e)
f)
To establish criteria for the conversion of existing multiple
family rental housing units to condominiums, stock cooperatives
or community apartment projects.
To reduce the impact of such conversions on residents in
rental housing who may be required to relocate due to the
conversion of apartments to condominiums, stock cooperatives,
or community apartment projects by providing procedures for
notification and adequate time and assistance for such
relocation.
To assure that purchasers of converted housing have been proper-
ly informed as to the physical condition of the structure which
is offered for purc~ase.
To provide a reasonable balanc$ of ownership and rental heus ing
in Orange and a variety of choices of time, type, price and
location of housing.
To encourage the physical rehabilitation of substandard apart-
ments that are converted to condominiums, stock cooperatives or
community apartment projects, thus upgrading the housing stock.
To apply the following regulations to condominium conversions,
stock cooperatives and community apartment projects.
II...
I SECTION 17.83.020 APPLICATION REQUIREMENTS
An a~plication fo~ a conversion of existing multiple family rental
hOusw9 to condom~niums shall consist of the following:
a) Tent~tive Map and Zoning Requirements. The applicant shall
p:-ov~de the f~llowing documentation in addition to a tenta-
t~ve map appl~cation:
The square footage and number of rooms in each unit.
The general lay-out and location of all units,
COlTllllon areas, common area amenities, storage areas
outside the unit, laundry facilities and all parking
spaces.A wrd itte~ ?escription of all common areas,
facilities an arnen~ t~
es.A landscaping
plan.A report indicating the areas the project will
not comply with the City zoning ordinance at the time
of the application or completion of the
project.b) Tenant Information. The applicant shall provide the
follow-ing documentation: When the applicant can demonstrate
such information is not available, this requirement may be
modi-fied by the Planning
Division.1) The makeup of existing tenant households,
including family size, length of residence, age of tenants,
and whether receiving federal or state rent
subsidies.2) The names and addresses of all tenants at the time
of the application submitted on three sets of gummed
labels for the purpose of notifying tenants of relevant
public
hearings.3) The proposed sales price of all units, discounts
or bonuses for existing tenants, finance terms
including down payments and monthly payments, monthly
maintenance or Homeowners Association fees and any other
relevant terms of
sale.4) Current rents for each unit including the date
and amount of the last two rent
increases.5) A tenant relocation plan which indicates how the
appli-cant intends to comply with the tenant provisions
in Section 17.83.
040.
1 )
2)
3)
4)
5)SECTION 17.83.030 FINAL MAP
REQUIREMENTS The applicant shall agreetop:!:'ovide the following
documentation to the City as a condi tionto final map approval, to be incl
uded in the final report by the Department of Real
Estate.a) Physical Elements. The applicant shall provide the
following
documentation:1)A property report describing the condition and useful
life of the roof, foundations, mechanical, electrical,
plumbing and structural elements of all existing buildings
and structures. suohreport shall be prepared by
a registered civil or structural engineer, or a
licensed general building contractor or general engineering
con-
tractor.A structural pest report. Such report shall be
prepared by a licensed structural pest control
operator pursuant to Section 8516 of the California Business
and Professions Code, relating to written reports on
the absence or presence of wood-destroying pests
or
organisms.
A geotechnical subsurfa i . i
W'th
ce nvest~gat on report by Ii licensed
civil engineer . expertise in soils engineering indicating
any k~own soil and geological conditions regarding soil
de~os~t~, rock ~ormations, faults, groundwater and land-
sl~des ~n the v~cinity of the project and a statement
regarding any known evidence of soil problems relating to
th';l structures. Reference shall be made to any previous
so~ls reports for the site and a copy submitted with said
report.
A report detailing the applicant's method of complying with
the physical standards in Section 17.83.050.
b) Covenants, Conditions and Restrictions. The applicant
shall prepare a declaration of restrictions which may
provide! among other things, those powers, duties, rights
and obl~gations set forth in California Civil Code Section
1355, and such,declaration shall meet the reasonable require-
ments of the C~ty Attorney which may include provisions:
3 )
4)
1)
2)
3)
4)
5 )
6 )
7 )
10)
11)
12)
8)
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 main-
tenance shall be performed to the standard of maintenance
prevalent in the neighborhood.
That restrict the use of residential units to single
family residential use.
That provide for City enforcement of City and other public
traffic and parking laws and ordinances on private streets,
under Sections 21107.5 or 21107.7 of the California Vehicle
Code, if the City, in its discretion, determines that
such enforcement is required (in addition to other remedies
that may be available to unit owners and the OWners' Associa-
tion) .
That insure that criminal remedies against invasions of
privacy such as those provided by Section 647(g) and (h)
of the Penal Code which are available to non-
condominium owners shall also be available to condominium
owners.That each unit owner shall have full access to
commonly owned areas, faoili ties and utili
ties.That each Owners ' Association shall have the right
of entry upon any privately owned unit, where
necessary,in connection with construction, maintenance or
repair for the benefit of the common area or the owners
in
common.That each privately owned unit shall give its
adjacent units easements to enter its unit in order to
effect necessary repairs to the property of such adjacent
units.That the commonly-owned recreational
area is non-buildable except for recreational
purposes and such limitation shall also be set forth on
the airspace map.That enable the association or the
board of directors to levy reasonable fines for
violations of the ,covenants, conditions and restrictions
or rules ~ssued thereunder and where fines remain unpaid,
have the power to treat such unpaid fines
as unpaid assessments.That the terms of the declaration
of restrictions shall inure to the benefit of the
City of Orange.That the organi~ational documents shall
allow the associa-tion to terminate the contract of any
person or organiza-tion engaged by the developer
to perform management or maintenance duties, three months
after the association assumes control of the condominium
conversion project or
any time thereafter.Creation of a special fund of money in an
amount to be determined by the Department of
Public Works conveyed in perpetuity by the applicant to the
City to effect emergency repairs or maintenance
to privately owned sewer systems, other plumbing
systems,
I SECTION 17.83.040 TENANT PROVISIONS
The applicant for a condominium conversion of rental units to condo-
miniums shall agree to adhere to the requirements d id
benefits specified in this Section. ,
an prov e the
a) The City will inform all tenants fifteen (15) da s rior to
the da~e.of all re17vant public hearings relatin~ t~ the
condom~n~um convers~on application.
b) The ~PPl~cant shall submit as part of the application the appli-
cant s plan to assist the existing tenants in finding'suitable
replacement rental housing, as well as the applicant's compensa-
tion proposal for displaced tenants.
c) The.applicant shall pay to displaced tenants a relocation
ass~stance payment based on the length of tenancy in
accordance with the fOllowing schedule:
Tenancy Equivalent Payment
no compensation
1/2 months current rent
1 months current rent
1-1/2 months current
rent 2 months current
rent 0-
3 months
3-6
months 6-
9 months 9-12
months
12 months or more d)When two or more tenants jointly
occupy a rental unit with the approval of the landlord and
the length of the tenancies differ, the relocation assistance payment
shall be based on the length of tenancy of the tenant residing
in the unit the longest.The applicant shall not be required
to pay more than one relocation assistance payment
for any rental unit regardless of the
number of
tenants residing therein.Special Protection:The applicant will provide "
special protection"
for the follow-ing groups:1) The elderly, defined as a person
62
years of age or older.2) The disabled, as defined in
United States
Code, Title 42 Section 423.3) Handicapped person, as
defined in the California Health and
Safety Code, section 50072; and 4) Low-income individual
or family, defined as those house-holds earning 80% or less
of the median income of Orange County as periodically
updated by the
Department of Housing and Urban Development.Such "special protection"
will include assistance in helping the renter find
comparable rental housing, and either increased relocation assistance payments
50% above that given to renters of comparable rental
units and tenancy not entitled to special protection", or the
addition of one year of tenancy in order
to seek an available housing unit.No
Increase in Rents. A tenant I s
rent shall not be increased for two years from the time of
the filing of the tentative map until relocation takes place
or until the subdivision is denied.Notice to New Tenants. After
submittal of the tentative map, any prospective tenants shall
be notified in writing of the intent to convert prior
to leasing or renting any unit.State Provisions.
The applicant shall demonstrate compliance with California Government Code section 66427
l( a) concerning a 120 day notice of intent to convert and
Section 66427 1 (b) granting a non-transferrable right
of first refusal to purchase the unit occupied for 60
days and any other relevant state regulations.Extension of Tenancy.
The developer shall, offer a 60-day extension of tenancy after
the expiration of a lease or rental agreement which would expire prior
to, or at the time of, commencement of sales or the issuance
of the
final
public
report
by
the
i)Termination,of Leases and Rental Agreements. The developer
shall, ,perm~t a tenant to terminate any lease or rental agree-
ment w~~hout ~ny penalty whatsoever after notice has been given
of the ~ntent~on to convert if such tenant notifies the developer
in writing 30 days in advance of such termination.
Students. The developer shall allow an extension of term to
permit a tenant to complete a school semester or quarter,
as the case may be.
j)
SECTION 17.83.050 PHYSICAL STANDARDS
Any condominium conversion shall conform to the fOllowing standards:
a) Building Regulations. The project shall conform to the Uniform
Housing Code as determined by an inspection by a City of Orange
building inspector.
b) Report Review. The City of Orange building official shall re-
view all Physical Elements Reports and may require its revision
and resubmission if he finds that substantial evidence of any
statement therein is without foundation in fact. The building
official may require improvements based on the Physical Elements
Reports if he determines the building to present a threat to
public health, safety, or welfare.
c) Fire Prevention. Each living unit shall be equipped with an
approved smoke detector, mounted to give access to rooms used
for sleeping quarters. All fire protection equipment shall be
retained in an operable condition at all times. All fire
protection equipment, including the water delivery system,
shall be upgraded as determined by the City of Orange Fire
Department.
d) Utility Metering. Each dwelling unit shall be separately
metered for gas and electricity. A plan for equitable sharing
of communal water metering shall be developed prior to final
map approval and included in the covenants, conditions, and
restrictions. In such cases where the subdivider can demons-
trate that this standard cannot or should not reasonably be
met, this standard may be modified by the Building Division.
e) Noise Standards. All permanent mechanical equipment, including
domestic applicances, which is determined by the building
official to be a source of potential vibration or noise, shall
be shockmounted, isolated from the floor and ceiling, or other-
wise insulated in a manner approved by the building official
to lessen the transmission vibration and noise.
f) Building Security. All projects shall be upgraded to meet the
building security Ordinance as outlined in Section 1?52.089
of the Orange Municipal Code and other security requ~rernents
which relate to the concepts of crime prevention through
environmental design.
SECTION 17.83.060 DETERMINATION PROCEDURE
An application for a conversion of existing multiple family rental
housing to condominiums shall be approved, disapproved or condition-
ally approved by the city Council upon recommendation by the Planning
Commission. In deciding to approve or conditionally approve an
application for condomimium conversion, the following findings
shall be made:
a)
b)
c)
That all the provisions of this chapter have been met.
That the proposed conversion is consistent with the City of
Orange General Plan.
That there is an adequate supply of rental housing .
in the area and in a similar rental range, both determ~ned
by the City Council as being adequate to provide rental, hous-
ing for the income group displaced, while also consider~ng
other factors such as rental vacany rates, new rental cons-
truction, population growth and reductions in the rental stock.
d)
e)
f)
g)
h)
i)
j)
That the proposed project does not severely diminhh the rental
housing stock.
That the applicant's relcc<' l1 plan for tenants is adequate.
That offstreet parking for residents and visitors, as well as
vehicle circulation is adequate.
That the rehabilitation or structural repairs help upgrade the
City's housing stock.
That any pUblic improvements, poured driveways, parking areas
or landscaping are upgraded or repaired as needed.
That there will be an effective homeowner's association estab-
lished.
That this project is consistent with the express purpose and
intent of this ordinance.
ADOPTED this 27th day of May
ATTEST:
C~F Ji~E <!l1TY OF ORANGE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
ss
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a
regular meeting of the City Council held on the 20th day of May, 1980,
and thereafter at a regular meeting of said City Council duly held on
the 27th day of May 1980, was duly passed and adopted by the following
vote to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN: BARRERA, SMITH, MAYOR BEAM, PEREZ, BEYER.
COUNCILMEN: NONE.
COUNClUEN: NONE.
1 this 28th day of May 1980.
WITNESS my hand and sea
y~
Marilyn J. Jensen
City Clerk of the City of Orange
7-