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HomeMy WebLinkAboutCC Ord 1261 1987-12-21 I I I THE CITY FOLLOWS: ORDINANCE NO. ;1026/ AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING ZONING REGULATIONS FOR THE CONVERSION OF EXISTING APARTMENTS INTO CONDOMINIUMS AND AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH, CALI~ORNIA COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS Section 1. City of Seal Beach read as follows: Article 23 of Chapter 28 of the Code of the is hereby amended to add Section 28-2322, to Sec. 28-2322. Condominiums. Conversion of Existing Apartments to IA) Purpose: The intent and purpose of this section is to establish reasonable criteria and standards to govern the conversion of apartment units to ownership housing while protecting the low to moderate income housing supply, and to provide for the upgrading of properties through the conversion process. (B) Planning Commission Approval: The convaLsion of multiple family units to condominiums, as defined in Section 1358 of the Civil Code; Section 11884 of the Business and Professional Code for Community Apartment Projects; or Section 11883.2 of the Business and Professions Code for Stock Cooperatives, shall be subject to approval by the Planning Commission through a Conditional Use Permit, and shall conform and be consistent with the provisions of the Subdivision Map Act, the City's subdivision ordinance and the General Plan. (CI Development Standards: Multiple family units proposed for condominium conversion shall conform to all applicable standards of the zoning ordinances, including but not limited to height, setbacks, parking and minimum floor area, but excluding density. Condominium conversions shall observe the following standards for density: 1. Medium Density Residential (RMD) Zone: Districts I and II 2,588 square feet of land per dwelling unit 2. High Density Residential (RHD) Zone: District I 2,178 square feet of land per dwelling unit District II 1,358 square feet of land per dwelling unit District VI 968 square feet of land per dwelling unit 3. For the purpose of calculating density in District I, all fractional numbers of units where the fractional portion is greater than 8.5 may be rounded to the next highest number. Ordinance Number J'~I 4. Proposed condominium conversions for which a Final Tract Map has been filed with the County of Orange on or before September 1, 1987 shall have the right to rebuild the number of units legally existing at the time of approval, subject to a Minor plan Review. The Planning Commission shall restrict its review to the possibility of increasing the number of on-site parking spaces subject to the availability and location of space on the site and the constraints imposed by the existing structure(s). ID) General Provisions I 1. Preapplication Review. a. Submittal of Plans. Prior to formal submittal of the Conditional Use Permit and Tentative Tract Map, the applicant shall submit three sets of plans of the structure(s) proposed for condominium conversion. Such plans shall include the following: i. A plot plan, showing all property lines and fully dimensioned street and alley locations, street names, walkways, patio areas, all existing and proposed structures and dimensions of same. ii. All setbacks and building separations. 111. Automobile parking arrangement, including location of driveways and dimensions of same. iv. Interior floor plans, including existing and proposed layout where applicable. v. Building elevations, materials and colors. including exterior I vi. Location and walls and/or material. type fences, of existing inclUding or proposed height and b. Report on Building Conditions. The Department of Development Services shall review the plans for conformity with all adopted building codes. The Department shall render a report on the proposed project, indicating required improvements, corrections and replacement of detrimental components as determined necessary. The report shall cover, but not be limited to, the following: foundation, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in household appliances, and heating and cooling systems. The report shall be considered by the Planning Commission in reviewing the Conditional Use Permit, and required corrections and improvements shall be conditions of approval of the CUP. 2. Minimum Standards, Public Works. Any missing or damaged street improvements, including I street trees, will be required to be constructed or reconstructed in accordance with a plan approved by the City Engineer. All improvements shall be completed prior to final inspection and release by the Building Division. 3. Minimum Standards, Planning. Ordinance Number ~a:?~,I , ....~ ., . , a. Plans shall be submitted to the Planning Division on all interior and exterior cosmetic improvements, new interior amenities and renovation of common area landscaping. I b. Covenants, conditions and restrictions ICC&RSI shall be submitted for review and approval by the Department of Development Services and the City Attorney. At a minimum, the document shall address the formation of a "community association" for the maintenance of common area, disclosure of management agreements, allocation of off-street parking for residents and guests, and operating budget. 4. Minimum Standards, Building. a. Sound attenuation shall be provided in a manner specified in the current adopted building codes of the City of Seal Beach, and approved by the Building Official. b. dead such Security measures shall be provided, including bolt locks, window locks, security lighting, and other measures as shall be deemed appropriate. c. One-hour fire rated units. Fire detection each unit. walls shall be provided between devices shall be provided for I d. A pest report addressing the present condition of the structure shall be prepared, with work required as necessary to render the structure(s) free of infestation. 5. Notification The applicant shall follow the procedures outlined in Section 66427.1 of the California Government Code to notify each tenant of the proposed condominium conversion. A return receipt shall be signed by each tenant upon such notification, and submitted to the Department of Development Services. The Planning Commission shall find that these requirements have been met prior to approval of any Conditional Use Permit requesting a condominium conversion. 6. Tenant Relocation In conjunction with a Conditional Use Permit application for condominium conversion, the applicant shall submit a tenant relocation plan for Planning Commission approval, including, at a minimum, the following provisions: I a. Payment of Relocation Assistance Benefits. Relocation assistance benefits shall be paid to the following: i. Tenants residing in the proposed condominiums at the time of City approval of conversion, and who remain tenants for 12e days following City approval or until the issuance of building permits, whichever is sooner. ii. Persons approval of who become conversion, tenants following City' and who were not given Ordinance Number I'~)' written notice of the proposed conversation by the applicant prior to becoming a tenant. Such relocation benefits shall be determined on a per unit basis, to be shar~d among the tenants of each unit, and shall be payable only to those tenants desiring to relocate. The amount of the relocation assistance benefit per dwelling unit shall be equal to twice the last month's rent paid or a minimum of $1,000, whichever is greater. Rent reduction in lieu of cash ~aymen~s, or waivers of relocation benefits may be considered for inclusion in the relocation plan. The City Council may increase the minimum amount of relocation I benefits r3quired in this Section by resolution. b. In no event may rents in a proposed condominium project be increased following approval of a conditional use permit or tentative tract map and prior to recordation of a final tract map without first obtaining City Council approval by resolution or minute order. c. A percentage or dollar discount in purchase price may be offered to tenants desiring to buy their units(s). d. A written agreement shall be filed with the Department of Development Services that no tenant shall be unreasonably disturbed by building, remodeling or sales activity. Such agreement shall also provide that except in an emergency situation, tenants shall be granted two (2) days notice prior to required access for repairs, improvements, or showing to prospective buyers or mortgagees. e. Exception - The provisions of this Section shall not apply to that certain area of the City located within District No. 2 commonly known as Leisure World. PASSED, APPROVED AND ADOPTED by the City Council of Beach at a meeting thereof held on the O?/~ day 1987, by the following vot I AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ~a~ " Cli'ky Clerk (// STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify tha~ tpe foregoing ordinance is an original copy of Ordinance Number ~,,/ on file in t office ~h,~~ Clerk, introduced at a meet~ng held on the day 0 1987, and pas d, approved and adopted by t C~ty gpPff 1 of t e City of Seal Be h at a meeting thereof held n the ~ day of 1987, the fo ow~ng v tel I AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers and do hereby further certify that Ordinance Number /:.2~/ has been published pursuant to the Seal Beach and Resolution No. 2836. Ordinance Number /02h/ PROOF OF PUBLICATION (2015.5 C.C. P.I STATE OF CALIFORNIA. County of Orange I I am a citizen of the United States and a resident of the County aforesaid; , am over the age of eighteen years. and not a party to or interested in the above.entitled matter. I am the principal clerk of the printer of the SEAL REACH JOURNAL .................................................... .................................................... a newspaper of general circulation. printed . WEEKL Y and published .................................. in the City of .....~.~~~..!'!~.~S~............ County of Orange. and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. underthedateof...?7.~~ 19 .~.:;. I Case Number .AJ32.5.8:l....; thatthe notice. of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and entire .issue of said newspaper and not in any SUPPlemen"1;th reof on the following dates. to-wit: --Ill ~."I.;~.';~~'~ ~r~5f~""".""'.' I certify (or declarel under penalty of perjury that the foregoing is true and correct. D ted at SEAL BEACII C:Y'7T.i~:' ;~~~:: ~ :;~~~~.~; !1:~:: ~~;:~ ...VWd-ql:X1';I~~W1..NM I Free COplts af this blllnk farm mllY be ucurecllrom: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. legal Advertising Clearing House 120 West Second St.. Los Angeles, Calif. 90012 Telephone: (2131625-2541 Plu.1I request GENERAL "'0010' pullnC'f1on when orderln. '"il form This space is for the County Clerk's Filing Stamp Proof of P~ :i~tE~Qfp~~~ ..lY.\.~.Tat~.,.fl::B:t1 pJste Clipping of Notice SECURELY In This Space -~ ....--:..-"'. . ~ f' 'NoncE OP~_ Ii"OTICE IS HEREBY GIVEN IIIot tIIo (lCI" Council 01 tho City 01 Sui BOlCh : will hold 0 public _...... Mandoy, , -- 16, 1987117,00 p.m. In : tho CI\Y Council Olombors. 211 Ei&fdh .Stroot, Sui Buch, Colilamio ID c:on- . _ tho fallOW'''' ,...., . ZOIIINllTEXT__N7 Condominium ConversionS ,- A Aequeat, ID _ 0l0pI0r 28 01 tile . c:odo 0111I0 ClI7 01 SuI Booch to .' ._lsII__lortho__ lion of tplFbnent units which nIIy !. ".....,d 011_10 dons!" ID owner- }~. ....p hausina. Cado 50_ 28-2600, 28-2601 If.Environm,nlll ReView. Neptlve .. _ 9-87 hos/>eon pIOpIIOC ;. In lieu of an Environll'lll'ltlllmpact i"" Report...;. .... -;'. ~,Appli~lr ......1 Booch. : At tho" i'ti'OKd rfiCo:!"ail in- t. ."stIef pellDflS II1Ir/ be heard If 10 , ....11lld. f DATED III'. 29I1t day 01 Oci.. 19B7. ~E_rd M. Knl8ht Dlroctor oIlloooIapmont Services . N_ber 5, 1987. "I!\dIII~ i~ ~ Sui ~Ch Joum.1 Ordinance Number 1..2/:./ . PROOF OF PUBLICATION (2015.5 C.C.P.I " STATE OF CALIFORNIA. County of Orang" I am a citizen of the United Stat.. and a resident of the County aforllliald; 11m over the age 0' eighteen years, dnd not a party to or Interested In the above.entltled l1Iatler. I am the principal clerk 0' the prlnler 01 the SEAL BEACH JOUHNAL ....................................,......11....... .....................................11............. a newspaper 0' general circulation. printed . WEEKLY and published .................................. In the City 0' .....~.~~~...~~~.~!'!............ County of Orange. and which: news. paper has been adiudged a newspaper ot general circulation bv the Superior Court 0' the County 0' Orange, Stille 0' California, under the date ol...~.,;,.~~ 19 .l.~. Case Number .AnZ5'O.1....; thatlhenotlce. 0' which the annululd Is a printed copy IlIIt In type not/smaller than nonpareil I, ha. been published In each regular and entire Issue o'Aald newspaper and not In any supple thereo' on th 'ollowlng date.. to-wit: 1:''''7- ~'I',';~"the yea;.19:g,j............. ...r:... I certify lor declare.) under penalty of perj~ry that the 'oregolng I. true and correct. . Fre. ca.I.. of.IIlsD.antlform ma, II ..eu,." ,,.fII. CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. 1.egal Advertising Clearing Hou.e 120 Weal Second SI_, Los Angeles, Calif. 90012 Telephone: 1213\ 625.25.1 This space I. for the County Clerk'. Filing Stamp .. . to_'r . - . I. Proof of Publication of ....M~,..... .............~........ '-1f,....i\../L... . ....IJ., . .~.........re:tlJ - Paste Clipping 0' Notice " SECURELY In This SP''':1l ,'.- -,., ORIIIIANCB _1.1 , CCJIIIIOl-IIII CDN\r.... '1 -r --..- .~ ()nIiMa N.......I261.ItI.O\JaI~ Sool BelICh. _lnI ond, _liIh........__Iar\llO,. _a1-'_',_1nlo " c:andDm_...." calli" ed undIr~ . pubUc -... ond OJ' J_ Ill"'; ....Ior Cltr Council ..-.. a1;: 1lol:8nbII'7. 1917. FIIIl.....a1O'-. d_ N.......I261.. --. ' _......-..,...IaI-.- : AYES. ClIll. GIIII. IIunI, R_.~ W1_ _ .. ,-.j Noo._ --, o.6_lICI Number 1261 wi. ......ot _-......._ ., "lar, ..... II ... __ O\J -- .-. aI _ 21. 1917;\ CapioIalOntInInoI _12111"':; _in..._a1...Cllraodr,'.. ~;~I. 211 - ~.~ ~J _17.1917., .' .~ --,In"'lI'!II~~'a ." . I' . I I ,I I Ordinance Number ;le2id - PROOF OF PUBLICATION 12015.5 C.C.P.I STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years. and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL .................................................... .' .................................................... a newspaper of general circulation, printed . . WEEKL Y . and published .................................. in the City of .....~.~~~...~~.~.~!'!............. County of Orange, and which news- paper has. been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of..}.7.~ ~ 19: ;,7.5. Case Number .ABZ5.8,J....; that the notice. of which the annexed is a printed copy Iset in type not 'smaller than nonpareil). has been published in each regular and entire iSsue of said newspaper and not in any sUP~leTIe;:nt thereof on t following dates, to'Wlt: ~ J ........ .gf...... . ..~.. ..... all In the year 19...... f certify Cor declarel under penalty of perjury that the foregoing is true and correct. Oat d at SEAL BEACII C,;O,~I~..;~;~:s:I::~~.....;::Z~~.:~ .l)IlMt-h./xt.... . 'aI1Ju.Cl o Signature Fr.. c.p.I,.'lhll Itl.nk 'arm m., H'lcund "am: CALIFORNIA NEWSPAPER SERVICE' BUREAU, INC. legal Advertising Clearing House . 120 WeSI Second SI_, Los Angeles, Calif. 90012 Telephone: 12131625.2541 Pt..Mr.,uII' GEN..AL ,.,..,., ,....lIe.,,.,. WII... .,..rlnll.II.II.,m. '" ~ , This space Is for the County Clerk's Filing Stamp - 'r Proof of fib,li~affn of . 1/ . ..........tY.~0t~J!:t;.(2Ho { :....C~...~KJ.IT' Paste Clipping '0 ...~ of Notice SECURELY In ThlS'Space . SUllIIAIlY ORDINANCE NUIISEII1.1 CONDOIIIIIIII CON_ IIEGULATIOII8 =Ordinance Number 1261 afthe City of . Seal B.ICh, ImlnchRe Ind esIIblishlna mnlna reeulations for the conversiCl1 of existll1llpartments into condominiums, reclived second ;,rudll1llnd WIS ldapted br the Sell Belch ~ty Council It their reaular moeonrof Decem/Jer 21, 1987 lit' the 1oI1ow1..._, AYES: alft. Grps, Hunt, Risner, .. Wilson NOES: None Motion cerried Cclpies of OnIilllnco Number 1261 .. _ilable in Iht ollice of the Citr Clerk. CIty HIli. 211 - 8th S...... Seal Beach, ..lepfl.... 2131431.2527. ! DATED lIIis 22ncI cloy of Doco_'. ~ 1987. ,;'Jaonne M. Yeo. City ClIIIe' . Citr of Seal Beach December 31. 1987, Published in The Sui Such Jaumll , " v ~