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HomeMy WebLinkAboutCC ORD 2004-2241 Adds § 18.74.021 and Ch. 18.77, conversion of hotels and motels to residential use (18.74, 18.77)ORDINANCE NO. 2004 — 2241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (LAND USE) BY ADDING CHAPTER 18.77 AND CHAPTER 18.74 REGARDING CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION APPLICANT: PACIFICA COMPANIES CASE FILE NOS. A-2003-4 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 recommendation on such amendment; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California as follows: Section 1. All protests, if any, against said amendment to Title 18 of the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Title 18 of the National City Municipal Code is amended by adding Chapter 18.77 to read as follows: Sections: 18.77.010 18.77.020 18.77.030 18.77.040 18.77.050 CHAPTER 18.77 CONVERSIONS OF HOTELS AND MOTELS TO RESIDENTIAL USE Conversions of hotels and motels generally Number of dwelling units allowed Compliance with zoning regulations --Exceptions Design and aesthetics Additional conditions for conversion of hotels and motels to condominiums 18.77.010 Conversions of hotels and motels generally. A hotel or motel may be converted to a residential use, if located in a commercial zone where the residential use is permitted, with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title and subject to the provisions of this chapter. 18.77.020 Number of dwelling units allowed. The maximum number of dwelling units which may be permitted shall be limited to the number of existing motel rooms or units; or the maximum permitted for residential use in the commercial zones, pursuant to Chapter 18.140, whichever is greater. 18.77.030 Compliance with zoning requlations--Exceptions. All other provisions of this title shall be complied with. Hotels and motels converted to residential use shall comply with residential design standards specified in Section 18.14.190 of this title; however, exceptions to the design standards may be granted with the issuance of a conditional use permit. 18.77.040 Design and aesthetics. In the approval of any plans for the conversion of a hotel or motel to residential use, the planning commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property, and determine that the proposal conforms with the City's adopted Design Guidelines, unless exceptions are warranted. 18.77.050 Additional conditions for conversion of hotels and motels to condominiums. The conversion of existing hotels or motels to condominiums, community projects, or stock cooperatives may be permitted if the conditions specified in Section 18.74.020 are satisfied, excluding subsection C. Section 3. That Title 18 of the National City Municipal Code is amended by adding Chapter 18.74, Section 18.74.021 to read as follows: 18.74.021 Conversion of hotels and motels to residential condominiums. Proposals for conversion of hotels and motels to residential condominiums shall comply with requirements of Section 18.74.020, requirements for condominium conversions, except for Subsection C regarding notice to tenants for the right to purchase their units. In addition, proposals for conversion of hotels and motels to residential condominiums shall comply with requirements specified in Chapter 18.77 of this Title. Section 4. That the City Council finds that the amendment to the General Plan, Housing Element and Title 18 of the Municipal Code, which will provide procedures for conversion of hotels and motels to residential use at higher densities than permitted for new construction, 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 buildings. Section 5. That the City Council further finds that 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 California Government 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 Governments. 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. 2 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 California Government 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 Regional Association of Governments. No govemmental constraints have been identified that would limit construction on the properties affordable to all household income levels. Section 6. That the City Council further finds that the amendment will provide for the potential to revitalize commercial areas, encourage improvements to existing buildings and increase the level of assessed valuation in the City to further help ensure an adequate tax base to support public programs. Section 7. That the proposed amendment to the General Plan, Housing Element, and Title 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 allow for long-term, residential occupancy and ownership of individual units, in lieu of short-term, visitor or tourist occupancy of existing hotel suites, rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case by case basis, for specific projects. Physical changes would 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 16TH day of MARCH , 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiiser, III City Attorney 3 Nick Inz Passed and adopted by the Council of the City of National City, California, on March 16, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Pan -a, Ungab. Nays: None. Absent: None. Abstain: Councilmember Inzunza. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California 4 City'Clerk of the City f National City, California By: 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 March 2, 2004, and on March 16, 2004. 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. 2004-2241 of the City Council of the City of National City, passed and adopted by the Council of said City on March 16, 2004. City Clerk of the City of National City, California By: Deputy