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HomeMy WebLinkAboutCC ORD 2003-2216 Amends general plan, housing element; §§ 17.04.010(A), 17.08.050, subdivisions and §§ 18.74.010—18.74.020; repeals § 18.74.040, zoning (17.04, 18.74)ORDINANCE NO. 2003 — 2216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLES 17 (SUBDIVISIONS) AND 18 (LAND USE) OF THE MUNICIPAL CODE REGARDING CONVERSION OF APARTMENTS TO CONDOMINIUMS AND RELATED REGULATIONS APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NOS. GP-2002-2, A-2002-3 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the General Plan of the City of National City, and for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such amendment; and NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said amendment to Titles 17 and 18 of the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That the following additional requirement be added to Section 17.04.010 (Form, Content and Accompanying Material), Subsection A, in Title 17 of the Municipal Code, to read as follows: 32. If the tentative map is for a condominium conversion, the applicant shall provide evidence that applicable requirements of the State Subdivision Map Act (Government Code Section 66427.1) have been satisfied. The Director of Planning may require additional information, as needed to support required findings pursuant to Title 18 as well as Title 17 of the Municipal Code. Section 3. That Section 17.08.050 be added to Title 17 of the Municipal Code to read as follows: 17.08.050 Condominium Conversions -Notices. Any tentative or final parcel or subdivision map for a condominium conversion, as permitted pursuant to provisions of Title 18 (Land Use), shall comply with applicable requirements of the State Subdivision Map Act, in particular Government Code Section 66427.1. Section 4. That Section 18.74.010 of Title 18 of the Municipal Code be amended to read as follows: 18.74.010 Compliance with apartment house regulations. New condominium and community apartment projects, not including condominium conversions, shall comply with all the zoning regulations applicable to apartment house projects. Section 5. That Section 18.74.020 of Title 18 of the Municipal Code be amended to read as follows: 18.74.020 Condominium conversion. The conversion of existing apartments or other rental properties to condominiums, community projects, or stock cooperatives may be permitted if the following conditions are satisfied: A. A Conditional Use Permit is required pursuant to Chapter 18.116 and the following additional findings: (1) The proposal is consistent with Housing Element goals and objectives. (2) Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit. B. A conversion shall comply with requirements for tentative and final parcel and subdivision maps, as provided in Title 17 (Subdivisions) of the Municipal Code. C. Requirements of the State Subdivision Map Act will be satisfied, specifically with regard to requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects. D. Physical elements reports. (1) At the time of submitting the Conditional Use Permit application required in subsection A, the applicant shall submit a report or reports on the status of the physical elements of the project including the condition and remaining useful life of building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California licensed structural or civil engineers or private home inspectors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status including any 2 necessary repairs or replacement, either immediate or in the future, and a certification of the findings. The reports shall also specifically address or include the following: • Measures that should be taken to improve sound attenuation between units (except for projects built after July 1, 1979 in compliance with the Building Code). • Structural pest report. • Building history report identifying the date of construction of all elements. • Characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction. • The need for smoke detectors in individual units, as well as for other on -site fire protection systems maintained by the homeowners association. (2) The Planning Commission, or City Council on appeal, shall review these reports to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion. E. Any other materials required by the Planning Director to provide evidence in support of the above conditions shall be submitted before the Conditional Use Permit application is determined complete. Section 6. That Section 18.74.040 of Title 18 of the Municipal Code be deleted. Section 7. That the City Councils finds that the amendment to the General Plan, Housing Element and Titles 17 and 18 of the Municipal Code, which will remove the prohibition on condominium conversions and add procedures for their approval, is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for home -ownership at all income levels, and case by case review will permit the City to require necessary upgrading of the existing housing. The amendment will not affect the following findings made for certification of the Housing Element: 1. The updated Housing Element substantially complies with the provisions of Article 10.6 of the Califomia Govemment Code, including addressing the needs of all income levels. 2. The City has met its fair share of the regional housing needs for the 1991- 1999 Housing Element cycle, as determined by the San Diego Association of Govemments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. 3 3. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. 4. No City actions or policies prevent the development of the identified sites pursuant to Califomia Govemment Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Association of Govemments. No govemmental constraints have been identified that would limit construction on the properties affordable to all household income levels. Section 8. That the proposed amendment to Titles 17 and 18 is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect. The amendments would remove the ban on condominium conversions. This would allow for ownership of individual apartment units rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case - by -case basis, through the application process for Tentative Maps and Conditional Use Permits. Physical changes may be associated with upgrading existing properties to facilitate the conversions. In most cases, it is anticipated that such changes would also be exempt from environmental review, as they would result in no or negligible expansion of use. PASSED and ADOPTED this 21ST day of JANUARY ATTEST: ,�� Michael Dalla, Ci Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 , 2003 Passed and adopted by the Council of the City of National City, Califomia, on January 21, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: NICK INZUNZA Mayor of the City of National City, California h 111City C =rk of the Ci ofational City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on January 7, 2003, and on January 21, 2003. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2003-2216 of the City Council of the City of National City, passed and adopted by the Council of said City on January 21, 2003. By: City Clerk of the City of National City, California Deputy